· I . . ~ I ~ 1.10. ~ \1, 1 I (~d.1-~l~·l) , • VOLUME. IV, PART VI. I CONGRESSIONAL RECORD AND APPENDIX . .FIRST SESSION, FORTY-FOURTH CONGRESS. 498135 J • r •• ·' r • '· 1 . ;' 1876. CONGRESSIONAL REGORD-HOUSE. 5009 shall be preserved and opened for public inspection in the city of Washingtl_ln . Scllool population; number of teachers, and permanent school fundi-a. tho .Antl the sum of $5,000 is hereby appropriat~d ol?-t of any m.oneys not otherWise States and Territories. appropriated, and to be exp~nded under t~e duection of t~e ~ecretary of the Inte- rwr for the purpose of boxmg, transporting, a.ud preservmg .the same, a.s well as for fttting up and maintaining a. proper place for the receptwn of the same, and the establishment of au educational library and museum; and the same, when es- States and Territories. I School pop- ulation. I Number of Total annual Permanent teachers. income. school fund. tablished, shall be under the control of tho Bureau of Education. I The educators, teachers, and patriots of the land, in view of the Alabama.... __ .••••.••.•. _. 406, 270 3, 999 $553, 014 $2, 811, 252 good it has done and of the greater influence .for good it is accom- Arkansas.·-···----····-·· 184,692 2, 322 789,536 135,000 plishing, will sustain the ~nreau and eD:large 1ts ~sefulness.. . California .. ·-···-·····--· 171,563 2,693 3,390,359 · 1,737,500 Connecticut .••. _......... 134,976 3, 045 I, 592,749 2, 044,226 Thus, hastily, have I reVIewed the actiO~ of Congress and 1ts legls- Delaware . . . . . • • . . • . . . . • . . *47, 825 430 192, 73.'5 ..•. . -....... . la.tion in reference to common schools, agncultural colleges, and the Florida.····-···-···---·-·. 94, 52'.! 796 1~ 952 219,400 Bureau of Education; have pointed out the defects of early legislation ; Gcor¢-a ..... ....•...... _.. 394, 037 *3, 500 435, 319 f350, 000 nnd in the bill offered as a substitute the minority have drawn their illinois. . . . . • • . . . . • . . . . . . . 958, 003 *21, 129 7, E<60, 554 *6, 573, 784 Indiana. ............... _... 667,711 13, 133 5, 041,517 8, 799, 191 inspiration from past legislation, embra~ed in its provisions those Iowa . ..••......•••... _.. . 533, 903 18, 145 5, 035, 498 3, 363, 960 featuros and cbara~teristics which former legislation has adopted Kansas . . . . • . • . . . . . . • . . . . . 199, 98fi 5, 383 1, 042, 298 2, 304, 309 and experience shown to be wi'3e and proper. Ken.h?-cky .••. _. .•.•.. ...• *474,514 *3 673 *717,350 *1,628,123 The bill of the majority provides-and I quote from the speech of Lomsmna.. .... .••• ••... .. . 274,688 1:557 699,665 . ••••........• Maine.·-····-·····--·.... 221,477 6, 459 1, 313,303 400,558 of the distinguished gentleman from Virginia, [Mr. WALKER:] Mary land .....•.• _.. _.. • . . 276, 120 2, 72.1 l. 376, D46 350, 370 At the close of each fiscal year the Secretary of the Interior is.directed to certify Massachusetts .. _. . _...... 294, 708 9, 216 6, 410, 514 2, 065, 238 ~~~::;nw:.-::_·:_·:::::::::: ~f~:~~t 1 tho net amount of the proceeds of the public bmls for that year to the Secret'lry of th~ Treasury who shall within one mouth thereafter apportion the same among ~~ t~~t:ig~ ~:~~:gg~ the several States and Territories and the District of Columbia. on the ba-sis of pop- Mississippi.. __ ·····----·· 318,459 4, 968 1,110,248 2, 068,358 Missonn .•. _.•.• _......... 738, 431 9, 651 3, 013, 595 t7, 248, 5.15 ulation, to be npplied by the local authorities of such S~ates, Territori~s, an~ Dis- Nebraska................. 80, 12-2 3, 091 292, 475 121, 2-2a tl'ict in accordance with their loc..'l>l laws, to the educa.tion of all the inhabitants Nevada................... *6, 315 *115 *146, 181 ..••......•.•• ther~of between the ages of five and sixteen years. For the first five years the New Hampshire··-····-·- 76,272 3, 669 621,649 52,688 whole amount of such net proceeds is to be thus apportioned; for the succeeding New Jersey............... 312,694 3, 253 2, 311, 465 1, 210, P82 five years, one-half the other half; and .after ten year~ the whole amount, to ~e in- vested in United States bonds, only the mterest on which shall be thus apportJoned, NewYork·-·······-······ 1,583,064 30,013 11,601,256 3,080, 107 and the investments thus made to remain a.er will sell ammunition to Indians. in the pres- Pickett who then commanded the twentieth regiment to which thiS ent condition of affairs is no better than a murderer. The resolution man beionged, makes a personal statement, wh.ich I have ~ere in man- ought to give authority to somebody to either hang such persons at uscript, to the effect ~at he was always a fatthful soldier and per- the nearest telegraph-pole or shoot them immediately by drum-head formed his dnty. He IS a most respectable man, from a respoctable court-martial. family, and every consideration would lead the Senate, I think, to Mr. DAWES. And then try them T pass this bill. . . Mr. INGALLS. Aod try them afterward. The PRESIDENT pro ternpore.. The question is, Shall the bill pass, Mr. HARVEY. I merely wish to state that in my opinion the res- notwithstanding the objections of the PreLSident T on -which the yeas olut.i on ought to be passed at once. It gives powers that are effect- and nays are required. ive to stop this injury. Mr. COCKRELL. The bill was passed upon by the Committee on Mr. OGLESBY. Let us pass it, then. Military Affairs favorably, and I hop~ that it will pass. It was fairly Mr. HARVEY. While the Senator from Rhode Island says t.hat In- considered by the committee, and the Senator from Arkansas [Mr. dian hostilities are not war, in my opinion they are mnch worse than CLAYTON] made the report. He is not present now. war. The necessity for such action in the direction indicated by the The question being taken by yeas and nays, resulted-yeas 41, nayS': resolution is so evident that I think there can be no objection to it. 0 ; as follows : By unanimous consent, the Senate, as in Committee of the Whole, YEAS-Messrs. Allison, Anthony, B~~um, Booth, Boutwell, Camero~ of Pe~~ proceeded to consider the joint resoiution. sylvania. Cameron of Wisconsin, Chnstiancy, Cockrell, Cooper, Cragm, DaVl.B• The preamble recites that it is ascertained that the hostile Indians Dawes, Dorsey, Eaton, Ferry, Hamlin, Ha.rve.y, Hitch~ock, Ingalls! Kelly, Ker, of the Northwest are largely equipped with arms which require nan, Key, Logan, McCreery, McMillan, Men-1mon. Mitchell, Mon;ll, Norwood- special metallic cartridges; and that such special ammunition is in Oglesb:v. Paddock, Robertson, Sargent, Sherman, Thurman, Wadle1gh, Wallace, West. ·windom, and Witbe•·s-41. large part supplied to such hostile Indians directly or indirectly ABSENT-Messrs. Alcorn, Bavar,000 enlistments, as it was left at the last session of Congress. the reduction of the .Army should go on till it reached 22,500. We I myself believe that the infantry ought to be increased, or the regi- struck that out so aa to put it back to the proposition of the last ments filled up. I think they are very necessary in Indi~n warfare Congress at 25,000 men. 'We were very glad to take the restriction a~ well as in other warfare; but I would rather not encumber this bill entirely off. I should have been glad to see authority given to have with that proposition. the companies filled up; but it was not done. ?t1r. SHERMAN. I will not interpose in rega.rd to this bill; but I This proposition now is to fill up the cavalry companies merely. I desire to say that I think we have a right to feel somewhat alarmed fea.r that if we insert the filling up of all the regiments, the bill will at the condition of affairs in the Indian country, arid we shall not be amount to nothing, it will meet with opposition, and will not pass. able to excuse ourselves for ne~lecting any precaution or care to I think this is a very important bill; and if tho Senate will n()w allow strengthen the Army. The fact 1s known to us all that about three it to be taken up, I have two or three amendments to move to it, and thousand of our brave soldiers, among the best and choicest parts of I should like the Senate to consider them now. It will tako but a fow the Army of the United States, well commanded, but very inefficient moments, because tho question as to whether the cavalry regiments in numbers, are now in the face of the last body of hostile Indians shall be filled np or not the Senate is ready to act upon, I think. 1876. CONGRESSIONAL RECORD_:_SENATE. 5013 I Mr. THURMAN. Does this propose that these regiments shall be northwestern frontier to the increase of the regular cavalry regiments filled up by enlistments for three yea,rs or only for a short period t or to an authorization of the increase of the regular cavalry organi- Mr. LOGAN. The same as the regula,r Army is in point of time. zation, I wish to record my belief that such measures are inadequate Mr. THURMAN. For three years t to the demancls of the occasion. Mr. LOGAN. Yes, sir. If I understood the honorable Senator he stated-! thought he im- Mr. THURMAN Filled up to one hundred men for three years. plied at any rate-that other mea~ures might follow; perhaps the There is a question whict. strikes me about that. While I shall not resolution ofl'ered by my colleague some weeks ago; but at t.his period oppose the bill if recommended by the committee and by the Depart- of the session, which is so near what we hope will be its close, I beg ment, the quest.i on with me is whether or not you can fill up the com- to suggest to the honorable chairman of the committee the propriety panies in that way as soon as they will be needed. I have a very of trying if possible to combine in this measure an authorization to strong impression that unless this Sioux war is finished, unless the the President to receive volunteers at his discretion. I believe that it is Indians who are in arms there ll.re put back, all your plans for putting neither wise nor prudent for this Congress to adjourn the present sea- your Indians on reservations will go for nothing. I think therefore sion without authorizing the President to accept, at his discretion, there is the strongest possible reason for making our force there suffi- volunteers. It is true General Sheridan bas said that he thought we cient to vanquish the Indians who are now in arms and to do it had force-sufficient to put down this Indian war. I hope he has; but speedily. I have great doubts whether you can get three yea,rs' re- I doubt whether General Sheridan or the..country generally appreci- cruits very rapidly so as to fill up your cavalry regiments. Tho Senator ate the extent to which these Indians are supplied with the very best from illinois is better acquainted with the subject than I ri.m, of course. of weapons. I doubt whether this country apprecia~s the danger Mr. LOGAN. The Senator from Ohio, I think, is very correct in which is imminent in the Northwest to-day; and if after Congress theory. I do not believe, however, that there will be any difficulty adjourns the evil then comes, we are without remedy, and the ex- in filling np these regiments, and I will state the reason. There is pense of putting down that war without the forms of law will be in- hardly ever any trouble in recruiting for the cn.valry or very little. crea,sed fourfold, to say nothing of the destruction of life and prop- In times like these when many men aro out of employment, there is erty. I believe that Congress ought not to adjourn without the pas- not much difficulty in recruiting any nrm of the service, but espe- sage of a bill or resolution to a,uthorize the President in his discretion cially tlie cavalry arm of the service. I have no doubt myself that to accopt volunteers. if this bill passes, within a very short time the twenty-five hundred Mr. LOGAN. I ask for a vote now on taking this mea,sure from the recruits called for for the cavalry regiments would be forthcoming; table. I have no question about that. If they were for the infantry reg- The PRESIDENT pro tempore. The Sena.tor from lllinois asks for iments I should have some doubt about it. the present consideration of this bill. Is there objection f The Chair Mr. THURMAN. I only made the suggestion. I defer to the Sen- hears none. ator's better information and knowledge of the subject. By unanimous consent, le:tve was granted to introduce a bill (S. No. :Mr. LOGAN. That is my judgment u.bout it. I know that the cav- 1008) to increase the efficiency of the cavalry force in the sup_pression alry is always more readily recruited because people would rather of Sioux Indian hostilitie-s; :tnd it was reoo twice and considered as ride than walk; that is the true reason ; and there is another reason, in Committee of the Whole. they get more pay. :Mr. LOGAN. The bill as sent here does not conta.in the detailed Mr. THURMAN. It is a harder service. items of appropriation. I offer, to come in at the end of the bill, the Mr. LOGAN. I understand that, but it is much more easy to re- following amendment: cruit for it; the pa~ ~ better, and men COJ?Sider it .more attractiv~, Recruiting twentv-five hundred cavalrymen, $50,000; yay per annnm, $390,000; and for that reason It 1s·more easy to recrmt. I desue very much, if subsistence, $200,400; clothing, $206,000; regular supplies, f216,0'?0; purc~ase of the Senator will allow me, to bavo this bill taken up. horses, $3.17,500; transportation, (wagons, &c.,) $84,800; transportation by rail, &c., Mr. MERRI.MON. \Vill the honorable Senator yield to me am()- about $l50,000. ment 7 I do not wish by any vote of mine or by my voice to impede Mr. MERRIMON. I should like to hear read the message or com- the adoption of efficient mea~ures to repress the present Indian out- munication to which the Senator referred a moment ago . .break; bnt I should like to be fully informed, before we take such an The PRESIDENT pro tempore. The communication of the War important step, about what I am goibg to do. So far as I remember, Department will be read. - the President has not sent to Congress any message on the subject of The Chief Clerk again reoo the communication. the present Indian outbreak. We know by the newspapers that there Mr. THURMAN. In an amendment, you do not want the word is an Indian outbreak. It seems to me that we ought to have some "about" in. official information touching its character, its magnitude, and what Mr. LOGAN. I will strike that out. I offer the proposition as an ought to be done about its suppression. At the same timo I should be amendment taken from the message. glad. to know from the honorable Senator, the chairman of the Com- 'fhe amendment wa~ agreed to. mittee on Military Affairs, whether there is an a~tual state of war, Mr. INGALLS. • There should be, in _my judgment, t chan~e in the and how far by the measure we adopted some mmutes ago ancl tho phraseology of the first part of the bill. I am very much m d~ubt present measure and other measures we are inaugurating a state o'f whether we can afford to recognize the facto~ war between the Urn ted recognized legal war with the Indians in the West. I repeat, that I States Government ancl th? Sioux Indians, m~much as we have ex- am ready by my vote and my voice, so far as I can, to aid in adopting pressly declared that we will no longer treat With them or any other snch efficient measures as will result in the suppression of this Indian Indians. I therefore suggest that the language be changed so as to outbreak; but I should like the Senator to give me any information read as follows: he has upon the subject of the present outbreak, whether it is a rec- Whereas in the conduct of the military operatioll8 against the Sioux Indians it ognized state of war or a mere enwute which can be readily suppressed. is necessary, &c. Mr. CONKLING. To what bill does the Senator refer !lB having Mr. LOGAN. I will accept that amendment. I think it is better been passed a few minutes ago t than to have all these whereases in. Mr. MERRIMON. A joint resolution passed a while ago authoriz- The PRESIDENT pro tentpore. The question is on the amendment ing the President to declare certain kinds of ammunition contraband of the Senator from Kansas. of war. The amendment was agreed to. Mr. LOGAN. That joint resolution wa.s to gi>e the President au- Mr. PAD DOCK. I ofier anamendment to insert as a new section the th ~Hity to make such regulations a~ he might see proper to prohibit following: the sale of metallic cartridges by Indian agents and make them con- That the President is hereby authorized to accept the services ofvolunteersfrom tra.band of war at his discretion when a state of war existed. That the States of Kansas and Nebraska, and the Territories of Wyoming, Colorado, th · k · li · I lll IS a ;very necessary pre mmary S ep. t I th' k 't 111 1 ong ht to b Dakota, Utah, anll Montana, or either of them, e .A.rmyoftheUnitedSta.tesa..,.ainatthotribes to beSioux of hostile employed as a part of the in the Northwest: Pro- done whether we have peace or war. I have always thought myself 'fJided. That not more than fi~e regiments of cavalry or infantry, or both ~hall be ac· tha.t the way to civilizo Indians was to prohibit as much as possible oopted, and that the term of service shallnotexten, Leq_gue Island, Penn81Jlvania., DP.cember 30, 1875. On motion of :Mr. LOGAN, the Senate proceeded to the considera- Sm: I forward herewith for the information of the Bureau a copy of a. com- tion of executive business. After three minutes spent in executive munication from Capt.'l.in Wells equipment offioor, reportin:; the amount expended session the doors were re-opened, and (at six o'clock and twenty-five in removing the stol'es, ma.teriais1 &c., from the Philadelphta. navy-yard to Lea:rue minutes p. m) the Senate adjourned. Island, together with the amount expended in removing the chain to League Isl- and. Captain Wells is, I think, to be commende(l for the good order and economical manner in which the material belonging to the Bureau ha.s been transferred. Very respectfully, &c., GEO. HENRY PREBLE, Oommodore, Oomm!Zndant. Captain R. W. SHUFELDT, U. S. N., ROUSE OF REPRESENTATIVES. Ohief of Bureau of Equipment and Recruiting, Washington, D. a. }{OND.A.Y, July 31, 1876. NAVY DEPARTMKNT, BUREAU OF EQUIPME~"T AND RECRUITING, The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Washingtcn•, December 31, 1875. I. L. TOWNSEND. Sm: The Bureau hasreceivedyourletter of the 30th instant, No. 64, and is highly The Journal of Saturday was read and approved. grn.tified to learn that the equipment stores have been so economically and success- fully removed to League Island under the supervision of Captain Wells, and that CORRECTION. the stores, materials, &c., under cognizance of this Bureau have been stored on board of the Antiot4lm in good condition and free from damage. :Mr. JONES, of Kentucky. I desire to correct the RECORD. It states Very respectfully, your obedient servant, that I have asked leave of absence for ten days. I have asked no R. W. SHUFELDT, 'leave of absence, and I do not know how the statement got into the Ohief of Bureau. Commodore G. H. PREBLE, RECORD. Oomma.ndant lia'IJy·Yard, Lea(}'ll£ Island, Pennsylvania. The SPEAKER pro tempore. Probably it refers to the gentleman from New Hampshire, [Mr. JoNEs.] The correction will be made. Captain Clark H. Wells. Born in Pennsylvania. .Appointed a midshipman from Pennsylvania Soptember 2.5, 1840 ; attached to the North Carolina, 1840; frigato MESSAGE FROM THE SENATE. Brandywine and sloop Fairfield, 1840 and 1841: razoe Independence~,~ome squad- A message from the Senate, by Mr. SYMPSON, one of its clerks, ron, 184:2 and 1843; sloop Levant, Pacific squadron, 1844 and 1845; ~a.val School, announced that the Senate was ready to proceed with the t1ial of the Annapolis, 1846. Graduated and became pMsed midshi.J.>man, July 11, 1846. Durin"' Mexican war: impeachment of William W. Belknap and to receive the managers In brig Somers, blockading Vera <.:ruz, m 1846; in gunboat Petref. 1846 and 1i47, on the part of the House, and that Senate Chamber was prepared during which time she joined Tatnall 's flotilla in the attack upon tho castle of San with accommodations for the reception of the House of Representa- J nan d'Ulloa and the city of Vern Cruz; took part also in the capture of Tuspan autl Tampico. To the EMt Indies and " around the world," in tbe sloop Plymouth tives. and brig Dolphin, 1848, 1849, 1850, and 18.31; receiving-ship Philadelphia, 1852; NAVAL I~VESTIGATON. store-slnp Fredonia, at Valparaiso, 1852, 1E53, 1854, and 1855. Several members rose. CommiSsionefl a.'! lieutenant ~eptcmber 14, 1~5; Naval Observatory, Washing· ton, 1856; in 18a6 attached to bark Resolute, (originally an English man-of·war The SPEAKER pro tempore. The Chair cannot consent to have the abandoned in tho Arctic Seas and subReqnently recovered and brought to the United morning hour postponed any longer than is absolutely necessary. States by tl1e American whale-ship George Henry; Congress by joint re olution, The calling of the previous question on Saturday upon the report of dated .August~. 1856, banng purchased her fi'Om tho salvors and ordered her res- the Committee on Naval Affairs gives that subject precedence of toration to the British government, she sailed for England November 13, 1856 ;) in steam-frigate SllSqneh:~nna anfl Watcrwitch, home squadron, 1858; steamer course, and the gentleman from Tennessee [Mr. WmTIHOru.'E] is en- Metacomet, Paraguay expedition, 1859. titled to the :floor for one hour. During the rebellion: Commanded sloop Vandalia., South Atlantic blockading Mr. WHITTHORNE. Before -proceeding with my remarks I will squadron, 1861 and 1862; was executive officer of the steamer Susqnc.h anna in the yield to several gentlemen who desire to obtain leave to print. battle of Port Poyal; his vessel, the Susquehanna. struck thirty-sh:: times and badly cut 11p, was ~>v.ecially mentioned in Admiral DuPont's official report; was •·• Mr. THOR.l'ffiURGH and Mr. HARDENBERGH obtained leave to sent several times w1th sailors and marines to re-enforce the Unailillo when much have printed in the RECORD remarks upon the pending question. exposed to night attacks in Wri.~bt's River, South Carolina.; commanded sloop :Mr. WHITTHORNE. I now yield for a moment to the gentleman Dale, IF~, and brou,(!bt her to Philadelpbi.l. from Philadelphia, [Mr. FREEMAN.] Commissioned aslieutenant-commamler July 16, 1862; navy-yard, Philadelphia, 1863; commanded Galena, when rebnilt as wooden gunboat, in WeRt Gulf I!CJ113d.· Mr. FREEMAN. I have here a communication from the comman- ron, 1864; frequently drew the fire of Fort Morgan while running in and sllellillg dant of the Philadelphia navy-yard, which he has desired me to lay blockade-runners under the fort's guns; took part in tho Mobile fight; during I he before the House, and which I ask may be printed in the RECORD. passage of the forts the Galena and Oneida, lashed together, brought up the rear and sufl'ered severely from the fire of the forts aml Tennessee, a. shell from the There lieing no objection, it was ordered accordingly. latter exploding the Oneida's boiler, so that she was towed in by her consort; after The communication is as follows : Captain Mullany of the Oneida. had 1.ti.'! arm shot a.way,opposite the fort-s, the com- mand of both ves.csels devolve£! upon Lieutenant-Commander Wells; tho Galena's Co:MMAND&'\T's OFFICE, UNITED STATES NAVY·YARD, services were specially mentioned in Admiral Farragut's official repoTt; Com- · League Island, July 26, 1876. mander Wells alao rcwived a. commendatory letter from the Admiral himself, in MY DEAR Sm: As it is just as likely that in the debate on Friday next in the which he says: Rouse on the majority and minority reports of theN a val Committee in relation to "That in your case I depart from roy rumal cnstom not to give lett-ers for good the dismantling of the navy-yard at Philadelphia. I might be assailed by those conduct in time of war where there is an immetliato commander first to forward it; members of the committee who politically sought materml for the next presiden- but inasmuch as Captain Mullany was wounded and tho command of the two ves- tial campairn to be nsed against the Administration which I have supported, I sels (Oneida and GaJ.eua) devolvecl upon you, o.nd were carried through the battle have deemea it proper to furnish you with a copy of my official record. I also cal1 with great gallantry, I take p;reat pleasure in giving my official testimony t-o your to your attention the within copies of letters from the Chief of Bureau of Equip- very meritorious conduct in that engagement, ancl trust that in the future it may :QJent an..r. 705 92 all that proof; his attention wa-s called to it, and for six weeks he 1850 . ... . • .. .. .. .. .. .. .. .. .. • • .. .. ... .. • .. .. • .. • .. • ... • • .. .. • • .. .. .. 7, 9042, 683 OJ Aggreg:\te .................... 20, 910, 698 22 23, 163, 913 72 19, 689, 007 73 21, 783, 263 25 24, 473, 365 38 28,152,417 58 21, 864, 815 61 160, 037, 4 1 49 *Included in this statement of expenditures is the following amonnt, carried to the "surplus funcl," namely, $270,504.86. Remember that the expenditures of the Navy since the formation teria.I condition of the Navy. In March, 1869-I quote now from the of the Government to the 30th of June, 1875, were $939,779,925; re- Secreta.ry's report ma~e in December, 1869-the number of vessels member that from the year 1864 to the year 1875 the expenses of the wn.s 203; see this table. From this table it would appear that tl1ere Navy were in round numbers $381,000,000; th:tt the expenditures of were then in commission 69 vessels. the Navy for the fourteen years preceding the civil war they were Navy in March, 1869.-(See Secretary's repm·t, December, 1869.) $159,456,000; and that during this Administration, for the period of f e18 b d 2 seven years, the expenditure for and on account of the Navy were in ~u~~~ssi~~(a) .'.~.~ ..c:~:::::::::::::::::::::::::::::::::::::::::::::: ~~ :~!~:ly~a:i~!~~~~3~~4£;a~~do!!~re;;:~~~~o~~:::~yi~h!~o~~ ~::i:: ~~--~~~~~;:::::::::: ~:::::::::::::: ~:::: ~::::::::::::: cost to run the Na.v y for the fourteen years preceding the war. I have ~w to ask the attention of the House while we are consid- ·:·: : (a.) Efficient Navy in March, 1869.-In fleet or returning, 4::1; special service 6 · ·: : : : 18~: ~~~ receiving-ships, 6; tugs, 14. ' ' ering the' ndition of the Navy to the actual expenditures since the (b.) Of these, 151 wooden and 52 iron-clad. year 1868 for and on account of the Navy. The expenditures, accord- (c.) Of the la4 not in coiiliilission 46 were iron-clads, 22 were "on stocks," work mg to the table I have given, were $160,000,000. Add the expend- bemg suspended, and 66 were reported in ordinary or unfit for active service in the itures for the fiscal yea,r ending June 30, 1876,estimated at 20,000,000; futur?. . . . . . add ships and materials bartered and exchanged-the assumed orig- ' Will the gentleman from Marne [Mr_. HALE] giVe me his attentiOn inal cost is ~ere estimated at $20,000,000, (and it is largely more than for a moment f He d~clared b_ef?re ~his House o~ ~aturda;r last that that;) add liabilities, direct liabilities, and they exceed at the present there were 80 ~ssel~ ill commission ill good concht10n. W1ll yon re- time $5 000 000 · add contingent and a~cruing liabilities $5 000 000 member that according to the report of the Secretary of the Navy, a tiel yo d. ha~e the actual expenditures made by this pr~nt' A.funin~ in 1869 there were 69 T Will you remember further that yon hn.vo built istration, $210,0J7,481.49. for the Secretary of the ~avy ten_ vessels, making 79 f Will ~on re- I submit the following tabulated statement and estima.te: m~mber that you ha~e bml~ ~or him two torpedo- vess~ls, makmg 81 f • E enditures since 18G9: Will you remember m addition that the Secretary bas unlawfu1ly Taketahfeabo"\'e .................................................. $160.037,481 49 purchased two more vessels, and then you have more than the nnm- Add exyenditui_'CS for fiscal year ending June 30, 18}61 e.'!timated. 20,000, ooo oo ber represented by the gentleman from Maine on Saturday last. Add Add ship ruatenal bartered and exchanged whose ongmal cost bas them together, and with an expenditure of over 200,000,000, yon do boo~ a~s~ed :tt ...... .................................... ...... 20• 000• 000 00 not show the number of vessels in "Ood condition at this time1here Add liabilities direct, assumed at.................................. 5, 000,000 00 di h . t' Add liabilities contingent or maturing............................ 5, 000, ooo oo was accor ng to t at report ill 1869. But, sir, I must travel fast. I now ask your attention to an ex- Total .................................. •·.····· .. ······ .. ··· 210,037, 481 49 hi bit of the Navy, not from any partisan, not the work of this com- Now, sir, when this vast amount of money is expended the people mittee, not the statement of the head of any Bureau, but I quote who pay the taxes, the people who toil, the people who delve, the from the statement of au able, efficient, and intelligent officer of the people who mine, the people who manufacture call upon us as their United States Navy, now on duty in the harbor of Boston, Commo- representatives to kno~where and in what direction this vast sum dore Nichols. Without reading thats attement, which I shall print, of money has goue. . as I will others I quote from in my general remarksJ the statement of Let me have your attention now while I adclress myself to the rna- I Commodore Nichols is as follows: 1876. CONGRESSIONAL RECORD--HOUSE. 5019 Abstract of Btrength of the Navy, as shown by Navy Regi8terof January 1, of eighty vessels in commission, in good condition an~ in service, as 1876. . you would infer from the argument made on Saturday last by the ~~$~~t:mm:jjjjj~iijiiiHiiiiijii~ii~jiji~ijjjj~jim ~ gentleman from Maine, you have only fifty-one vessels. Go to Nor- folk, go to Portspwuth, ~o to Boston, go to New York, go to the navy- yards throu~hout the country, and you will find that little tugs anesaels. ------- Total .................. . ···················· .. • .. .. .. .. • . 351, 806 58 j ' I call your attention and the attention of my colleagues on the com- books. What right and what power has the Secretary of the Navy mittee, and the attention of this Honse, and I say that this amount to destroy a vessel belonging to the Government of tbe United States T of property bartered and exchanged exceeded in o1·iginal cost over If he can destroy the Algoma he can destroy tlJe Constitution; if $10,000,000; mark what I say, that when the head of the Bureau gf he can destroy the Hero he can destroy the Kearsarge; if he can Construction made the return above quoted he made a false return to destroy two vessels he can destroy twenty, and if he can destroy the committee; he made a return that was not sustained by the proof ; twenty vessels then he can destroy your whole Navy. What is there he made a return that being exhibited as the truth would mislead the to control him t He has destroyed a number of vessels. I will no·t Honse. It was a fraud upon this Honse. take up the time of the House by reading the nameB, but I will call Sir, this is a bold sta1:4}ment I have made; but turn to the New attention to the list which follows. York testimony, turn to the sworn stat.ement of John Roach, and yon To this list of vessels destroyed should be added those rebuilt, to will find that he says he has purchased 7,::J90 tons of old iron, andre- wit: duce that to pounds you will see that .Mr. Hanscom has failed to retur Nipsic, Galena, Vandalia, Marion, Quinnebaug, Swatara, Monon- neady 6,000,000 of pounds. Again, according to his statement, Will- gahela, Terror, Monadnoak, Amphitrite, and 1\fiantonomoh. iam Cramp & Sons received 1,092,875 pounds.· Turn to the sworn In addition to this list, I will name other veSBels which he claims statement of 1\fr. Cramp, before the committee at Philadelphia, and to have rebuilt. · yon will see that he received over 5,000,000 of pound. This hand of Now I leave it to the consideration of the House that if the Secre- the Bureau is deceiving the committee, is deceiving the House, is de- tary of the Navy can destroy one veSBel may he not destroy tenT ceiving ~he cou,ptry, when he attempts to make them believe this And if he can destroy ten vessels may he not d stroy them all t Who statement. is to put a curb upon him t Where is to be tbe check, the line of dis- But in effecting t.his barter and excb~ge business the Secretary of cretion T He destroys vessels to evade the law, because under the the Navy has gone a wider and yet a fdfther step than that 1.o whiuh law if he sells he must sell at public sale, and if he sells at public I have called the attention of the House. He has n.ssnmed that he sale the proceeds must go into the Treasury, and if it goes into the has a right to destroy vessels, that he has a legal right to do so. pub'D.c Treasury it cannot come out except by an appropriation by Now, I deny it. Show it, if you can, ll·DY where upon the statute- Congress. The list of vessels broken up is as follows: i8.7G. CONGRESSIONAL RECORD-HOUSE. 5023 Statement of vessels broken or bei11g b1'oken ttp, under o·rders emanating front the Bureau of C~nstruction and Repair, Nary Department, since July 1, 1869 ; also of the disposition nwde, so far as repo·rted, of the materials recovered theref1'0'Ilt; taken frmn 1·erords of the Bu:eau. Name of vessol. When ordered Amount and kind of material Disposition of material. To whom. On what terms. broken up. recovered. Illinois ................ Feb. 15, 1872 Not reported by yard officers...... Used in ye.rd ... ~ ................. By the Government ........ . Nantasket ............. Sept. 27,1872 ...... do ........................... Copper delivered for rerolling; Washington yard, by the wood used in Portsmouth yara. Governm.ent. Suncook ............... July 31, 1874 1,424,296 pounds old or scrap iron .. Delivered to contractor to be re- C. E. Pennock & Co ....... . 1 pound rero11ed, best rolled. beam or plate, for 3 pounds old iron. Nausett ............... Sopt. 24, 1874 1,368,640 pounds old or scrap iron.. ...... do .. • .. . . . • .. . • .. . .. . .. . . . . . . John Roach ................ . Do. Niobe...... .. .. . . .. .. . . Sept. 24, 1t'74 1,3l3d,!!OO pounds old or scrap iron ........ do ................................ do ...... , , ............ . Do. Cohoes .. .. .. .. .. .. .. . . Oct. 9, 1874 1,375,360 pounds olcl or scrap iron ........ do .......................... . ...... do .................... . Do. Koka .. . .. . .. . . .. . .. .. . Oct. 2, 1874 1,348,149 pounds old or scrap iron ........ do . . .. . .. . . • . . . . . . .. . . . .... . . Harln.n & Hollingsworth ... . Do. 1,301 ,440 pounds old or scrap iron; ....... do .......................... . William Cramp & Sons .... . Do. ~~~g~~~::::::::::::::~ 8~t ~: ~~~: 1,397,760 pounds old or scrap iron ........ do ................................. do .................... . Do. Modoc ................. Oct. 10, 1tl74 958,720 pounds old or scrap iron ......... do .. . ........................ John Roach . .............. .. Do. Minnetonka. ........... Oct. 12, 1874 94 ~, 001 pounds old or scrap iron ......... do .. .. .. .. . .. .. .. .. .. .. . .. .. Harlan & Hollingsworth ... . Do. Na.pa. .................. Nov. 12, 1874 934.080 pounds old or scrap iron ......... flo ........................... John Roach ............... .. Do. Hero* and Piscattqua. .. Apr. 2,1875 1,658,144 pounds oldorscrapiron .. 607,579 ponRds delivered to con- ...... do .................... . Do. tractor to be rerolled. Nebraska .............. July 29, 1875 Not reported by yard officers ..... . Iron delivered to contnctor to be Seyfert~ McManus & Co ... . 1 pound rerolled, best rerolled. beam or plate, for 4 4-7 pounds old iron. Shawnee nnd Wassnc .. Sept. 9,1879 Not reported; worknotcompleted. Not disposed of ............................................... .. *Work of breaking up this vessel not yet completed. Mr. HEWITT, of New York. 'Vill the gentleman n.llow me to in- I have now to call t.he attention of the House to another violation terrupt him a moment' I would like to make a remark. of the law by the Secretary of ilie":N:rvy. Under the law no head of Mr. WHITTHORNE. I will yield to the gentleman for two or a Department and no bend of a Buretm can make a contract unless three minutes. the same is authorized by law. Now the Secretary of the Navy has Mr .. HEWITT, of New York. I find in the report cj the minority purchased the stenmer America, now called the Dispatch, and t.he ves- of this committee, which I have not had such time to study as I sel Rio Bravo, in violation of that law. Again, the repairing or re- ought to have taken, a statement justifying the exchanges of old rna- building of ships under a name, ha.ving only the name to go on, is in teria.l for new material. Tho minority of the committee say that it violation of the law-not alone of that sectibn to which gentlemen was for the advantage of the Government. I have patiently and have addressed themselves, but in violation of that other section of carefully examined tho tables appended to the report of the majority the Jnw which confines every head of a Department in his expendi- contnining the terms npon which these exchang('s were made so fa.r ture of appropriations to the object for which those approprin.tiona aa iron is concerned. Perhaps I may say to the House that in that were made. Turn ba{}k, if you please, to these appropriations for the particular line of business I suppose I am a competentjuuge. Navy Department from 1869 down to the present time and ·you will On page 90 of the report of the majority I find a contract of ex- find that every appropriation made to the Secretary of the Navy bas change of old materia.l for new; to exchange 4,538,781 pounds of old a specific object and purpose; and under none of those objects or pur- iron with Seyfert, McManus & Co., a most reputable firm in the iron poses is he authorized to rebuild vessels or to construct new vessels trade. The contract is upon the following terms: The old iron is for the Navy. The sections of law to which I call attention, and to be ta.ken at ·onu and three-fourths cents per pound, and the new iron which I do not propose now to argue, have been deli bera.tely and will- is to be returned at eight cents per pound. Now I say that is a most folly violated by the Secretary and his subordinates. • extra.va.gant, wasteful, and impr<_lvident contract. I sny that by that I now caU the attention of the House to another violation of law, contract the Treasury of the Umted States was robbed, and the tax- the misuse of appropriations or transfer of funds; and j f t.he gentle- payers of this country must make good that rob~ery. man from Ohio [Mr. GARFIELD] is present, I desire to arrest his par- I say that if t.be Secretary of the Navy had done his duty and had ticular and personal attention. The Secretary of the Navy, when advertised that exchange to the iron trade of the United States, it' asked before our committee what had become of the appropriation could have been maue upon a basis of at least two cents per pound made for the eight sloops of war, whether it had been transferred or better than it was done. The firm with which I was connected at expended, made his deliberate and sworn statement which I have that time would have been only too glad to have been a bidder, :md l1ere and will submit as a portion of my remarks, and is t\8 follows: they could have made and furnished all the materials that Seyfert, Question. I desire to see if I am correct. I 1mdersta.nd from what yon state that Mcl\Irums & Co. furnished. I find there are other contracts very the appropriation for the eight sloops, made February 10, 187:1, did in fact become, much of the same chara{}ter. If these gentlemen who signed the so to speak, a. common a.Jilpropriation ~ minority report had taken the trouble to ask for the testimony or Answer. By this action which I have spoke-n of. - Q. You say that that matter was reported to Congress 7 opinion of any reputable gentleman in the iron trade they could have A. Yes. had this information given to them. Q. .Will you name the report or official document ~here that can be found 1 Mr. HARRIS, of Massachusetts. Will the gentleman from Tennes- A. Yes; the raport of the Secretary of the Navy lll the fall of 1873. M W J 11 see [ r. IDTIHORNE a · ow me one smg e mmu e · 1 · t f Q. Do yon mean the regular report 1 A. I mean my re,!!lllar report r~cnt to the President. I do not know that it ap· Mr. WHITTHORNE. Not now. pears in thoso specific terms, but it does appear that all our appropriations at that l\Ir. HARRIS, of Massachusetts. I desire to aak one single q nestion time were expended, an~ that I say, in so many words, that, if Vongre_ss exJ?Elcts ~s of the gentleman who has just taken his seat. to go on, we must bo l'O·Imbursed. I came up befS was informed that this specific · tt d' · · t th G td · dt h 't t appropriationfortheeightsloopsofwarhadbeensoexpended¥ uon cu o I mansions, JUS as e overnmen es1re o ave 1 en • A. I do not know whether it was reported specifically. It was reported in gen- An. I did not unclerstand the gentleman as sayin:;: that the Sooretary of bills ma1le chargeable to appropriation 'Eight steam vessels of war.' 'As this tim- the Navy had transferred a fund appropriated for a specific purpose to another ber is intended to be used for the construction of the new sloop of war. its deliv- purpose. What I nmlerstood the geutlcman to say was that moneys appropriatell ery should appear on the face of the billa to have taken place subsequently to for the Navy had been used for purposes not comprehended in the original appro- March 4, 1873.' "-Construction and Repair, April 9, 1873. priation. " 'Rcfcning to the llureau'sletter of the 8th ultimo, relative 'to balances of de- Mr. GARFIELD. Not only is it the fact that those moneys have not been nseear we appropriated ~. ooo, ooo for April17, 1873. .t ho pay of the :Navy dming the fiscal year. Now the Secretary of the Navy has "Reservation bill for ~1,652 and 80 per cent. bill for $6,608.06 in favor of A. Am- been compelled, under what he considered tho pressing emergency, to enlist addi- merman for yellow pine delivered on contract of August, 1872, rcttuned to be made tional men, and, of course, to incre:l.So in that respect the expenditmes he would in ono bill, open purcha.'!e, 'as the appropriation construction of eight steam.ves. els be called upon to meet; and, although he has not used up the wh~le of that appro- of wnr cannot be. used for any_ debt.s contracted prior to its passage, i.e., March 4, priation, yet it is so nearly exhaust.e{l that he asks for $300,000 more to eke out the 1873.'-Construct1on and Repa~·r, Jnnell, 1873. pay of the Navy, so that the new men thus enli8ted may bo paid. "Bill in fal"or of Euwaru Clark for black spruce, returned to be made out on in the second place, this extraordinary emer_2'ency has nscd up-or partly used open-purch~e bill, payable out of appropriation ' eight steam sloops of war,' with up-the contingent fund, amounting to $125,000; and the Secret;1ry asks $20,000 instructions to consider all contl'ads of .August 19 closed. • Should it he desiral>le more to re-imbnl'Se tJr"t ftmious fiscal yearn 1873-'74 and 1874-'75. The Clerk read as follows: .. Q. To what cxwnt has that been don e 1 A. I am hardly able to say; it is a matter of official record. I would cerl.'\inly Mr. Sm£NnR. I am not disposed todiscuRs the question of these moneys already say to a few hunurey, (Norfolk, pages 4-6:) _ _ _ ingwas ................................ ~ ............... ~932 69 And reference is here mado to a schedule of snch orrlers submitterl by the com- 12, 629 000 1, 536, 4til 22 mandant of the navy-yard at Brooklyn, (see page 302 of Brooklyn testimony:) I ' 'll b fr th f U · t bl t k fr th B k f "Balan co of deliveries under contracts with Babcock & Co., 'Geo K. Creed, and ~ Wl e seen. om e O owmg a. e, a en om e · oo · O J. W. 'Qaskill & Sons, Hyatt & Spencer, Tlickey & Jowet t., anll Jas. A. Scott, to . Estimates, subm1tteu to the present sesswn, and a statement from tho \. 1876. CONGRESSIONAL RECORD-HOUSE. 5025 Treasury Department, (Appendix, pages 5 and 6,) that nearly one-half ma;jority of the committee in their report. But., sir, is it uecessaryt of the appropriations for the yea.r 1!:!76 was consumed in the first quar- I think not in view of all the proof that has been brought forward ter, and not one-fourth remained for the last two quarters; and, fur- on this subject. I will add to my statement, in addition to the figures ther, that out of the appropriations for the year 1876 to four o.f the which I shall give, the sworn testimony of the Secretary of the Navy Bureaus for $12,629,000, there remained but $1,536,461.22. himself. I invite at.tention to the following table: Provisions n.ndClothing.................. .•••.•.... .••. .. .••.•. •..•.• $334,812 78 Olcthing fund. ~!:i:a~~~~~~~~~- :::::::::::::::::::::::::::::::::::::::::::::::::: 29~: ~ g DR. Const.ruction n.ndRepair. •• • • • • •• • • • . • • • • • • • • . . . . • • • . . . . • • . . . . • • ••• • • • 492, 36i 20 To balance 1st January, lP'l\- ...... ...... ...... ...... ...... .......... $518,33.3 39 'l'o appropriations since that time . . . . . . . . . • . . . . . • . . . . . . • . . . . . . . . • . • • 490, 000 00 Total . . • . . . . . . . • . . . . • . • • • • . • . . • • . • • • . . • . . . . . • . • . . . . • • • . . • • .. . • • 1, 132, 138 47 To estimated increase from 10 per cent. charged since that time...... 60, 000 00 Add Goldsborough, page 49~ ......•...•.............•••............. 1, 011, 00(1 00 To amount of stock on hand, 1869 .................................... 2, 207, 435 64 Cntter, Russell, Swift et al., amount due clothing fund ............... 1, 250,000 00 Contingent and maturing. (See Steam Engineering, page540, Roach's 3, 275, 7G9 03 statement.) Neafi.e & Levy; Cramp & SOn; Wood, Dialogue & Co.; ·----- :Roland et al. ; Grant, Savage & Brother ..•..••.••••••.•.•...••••••• 2, 500, 000 00 CR. Total .•••••••••••••••• ; ........................................ 5, 95J, 138 47 By stook on hand at present time..... . .. .. . .. • .. • .. . . .. .. .. .. . .. .. • .. 1, 694, 5..18 97 By balance of cash as appears from clothing account in Bureau...... 13 88 If you add to these the contin~ent liabilities, it will be found that By amount claimed to be due from pay of Navy, (see statement of this the statement made by the major1ty of the committee, confirmed as it on po.ge 160, Appendix to Miscel.l.aJteons)............ . • • • • • .. • • . • . . . 311, 592 34 is by the authority of the Book of Estimates, is not far from correct. 2, 006, 145 19 Now, sir, let me call attention to the condition of the clothing fund. I am here to make good, if I had time, the statement made by the llrurlng 1\ balance of ..................................... •I. .... l, 269~623 84 Statcrnent showf:ng amounts du.e a11d cred·ited from, appropriation "pay of the Navy" to th.e "clothing j1tnd," United States Navy, from Januar-y 1, 1869, to December 31, 1875, on account of clothing issued to ojfice1·/j, e~·ew, and nta·rines . .A.ppropriati011 "pay of tht Navy 11 in accotLnt with tht ••clothing fund, 11 United SW,tc& Navy, /rom January 1, 1869, ~ December 31, 1875. Dn. CR. 1869. . 1869. llay 20 ....... To clothing so far as returns have been received .••. ~:~!\~~ii: ~ .~:. ~~~:~~: ::::: ~:: ::::::::::: :~: :::::::::::::::: $152,928 70 $152,1128 70 September 2 ........ do ............................................ . 145,751 48 145,751 48 1o70. 1870. ~~~;be~io:: ::::: :~~: ::::::::::::::::::::::::::::::::::::::::::: March 22 ........... do ............................................ . 159,569 02 159,569 02 August 28 .......... de ............................................ . 251,614 17 251,614 17 1871. . 1871. Yarch15 ............ do ........................................... .. 120,037 89 May11. ............. do ........................................... . 120,037 89 An gust 8........... ito ............................................ . 131,521 55 December 6 ........ do .......................................... .. 131,521 55 1872. 1873. September 9 ........ do ............................................ . 306,796 24 June 3 .............. do .......................................... .. 72, 156 58 ~ef~::ee: ~:: ::::: :~~::~::: :::::: ::~:~: :::::::::::::::::::::::::: 1873. 454,121 10 ~:;~~;~:io: ~ T~ "c;t!~w;;i ·i~i.· 2d.; -~d-3lld nQ~ ~re c:¥.Iing qr bal1o~ are rioun~g; · ·· · submitted t.o the House. The SP~AKER pro tempore. T.Qe Ch:tir desire~ tq state that this Mr. COX. The Journal shows that the minority report was offered rule applies not merely to members, but to all person!! on the floor of as a substitute. Will the gentleman tell us what he really wants f the House who are not immediately connected witQ. the count. Mr. BANKS. I have not th'3 slightest desire to tell the gentleman Mr'. WILSON, of Iowa. I desire to ask a question of the 04air. from New York what I want. I am speaking of what I do not want. Am I to nnderstand that the previous question was demanded 'by ~he I do not want to vote on a resolution which has never been presented chail'man of the committee upon the resolution and subst.i tute f ~n a formal manner to the House. 1876. CONGRESSIONAL RECORD-HOUSE. 5027 Mr. COX. Then there is a difference of opinion between the gen- Resolved. That in this investigation no fraud, corruption, or willful violation of tlema.n and mvself upon that point. the law has been shown or appears to have heen committed by Ron. George M. Robeson while in the discharge of the duties of Secretary of the Navy; anci we fiud Mr. BANKS: I do not impugn the record; I merely state what is no reason to censure or find fault with his conduct in the administration of the my right as a member of the House. Navy Department. ·~ir. COX. I do not. dispute the gentleman's right to do it. The question was taken; and there were-yeas 54, nays 120, not Mr. JONES, of Kentucky. I understand that this substitute of- voting 111; as follows: fered by the minority is now in the possession of the House, and I YEAS-:Messrs. Adams, Geor.(!e A. Bagley, Willim:n H. Baker, Ballou, William ask the Chair if it can be withdrawn except by unanimous consent. R. Brown, Cannon, Caswell, Conger. Danford, DaiT.lll, Davy, Dobbins, Dunnell, Mr. BANKS. The Journal will show what the position of the ques- Eames. Evans, Freeman. l!'rye, Hale, Benjamin W. Harris, Ha\ s, H endee. Hend~'~r· tion is upon that point , and I call for the reading of the Journal. son, Hoge, llnbbell, Hurlbut, Joyce, K elley, Kimball , Lapham, Leavenworth, Lynch, MacDou:rall, McDill, Nnsh, Norton, O')!"eill. Pa~~. PlaistP-(1, Pratt, R1iney, Rouin- The SPEAKER pro tempore. The Journal will be read. son, Rusk, Sinnickson, Smalls, A. Herr Smith, Strait, Wa-shington Towm~end, Van Mr. BANKS. Wbat is the date of itt Vorhes, Wait, G. Wiley Wells, White. Wbiting,James Wilson, and Woodlmrn-54. The SPEAKER pro tempore. July 26, 1876. NAYS-Messr~~. Abbott, Ainsworth, Anderson, Atkins, Ba!!bY, John H. Bagley, The Clerk read from the J ourn:ll as follows : jr., Banning, Beebe, Blackburn, Bland, Boone, Bradford, .BTtght, Job!! .Young Brown, Buckner, Samuel D. Burchard, Cabell, John H. Caldwell, William P. Mr. Wmrruon..~E, by unanimous consent, submitted the following resolution; CaldwEill, Cate, Caulfield, Chitt~nden, John B. Clu.rkeof Kentuck-y, John B. Clark, which was read-, considered, and agreed to, to wit: jr., of Missouri, Clymer, Cochrane, Cook, Cox, Culberson, Cutler, Davis, De Bolt, Ordered, That the report of the majority and views of the minority from the Dibrell, Durand, Durham, Eden, Felton, Finley, Forney, Franklin, Gause, Glover, House Naval Committee j!ivin!! the results of tbeit· invcsti~ations, shall be pre- Goode, Goodin, Gunter, Andrew H. Hamilton, Hancock, Hardenbergh, John T. Hen ted to-morrow; both sball oe printe d; aml ~"'ri1lay, after the 1·eailing of the Ranis, Hanison, Hartzell, H~ymond, Henkle, Hereford, Abram S. Hewitt, Hol- Jom"Dal, is h ereby assigned for tl10 consideration of the samo to the exclusion of man, Hooker, Hopkins, House, Hurd, Thomas L. Jones, Franklin Landers, L:mo, all other business; six hours shall he given to debate, to be equally divided. LeMoyne, Levy, Lewis, Luttrell, Lynde, Maish, McMahon, Meade, Metcalfe, Mills, Mr. HALE moved to reconsidt:r the vote last taken, and also moved that the mo· Morgan, Monisoo, Neal, New, O'Brien, Paynl', Phelps, John F. Philips, Pierce, tion to reconsider be lairl upon the table; which latter motion was agreed to. Poppleton, Potter. R:mclall, Rea, ReaJ.!an, John Reilly, Rice, Riddle, John Robbins, William M. Robbins, Miles Ross, Sa.vage, Scales, Sheakley, Singleton, HlemonR, Mr. BANKS. It will be perceived by the Speaker and by the House Hprin"'Gr, Steven on, Terry, Thompson, Throckmorton, Tucker, Turney, Wad- that the Journal, aa just read, speaks of the conclusions of the ma- dell, Gilbert C. Walker, Walsh, Warren, Erastus Wells. Whitthorne, Wike, Wil- lard, .Alpheus S. Williams, James Williams, James D. Williams, Jeremiah N. Will- jority and the ''views" of the minorit,y. · iams, Willis, Benjamin Wilson. and Young-120. Mr. COX. And the House orders the consideration of both. NOT VOTING-MessrR. .Ashe, John H. Baker. Banks, Bass. Bell, Blair, Bliss, The SPEAKER pro tempo,re. The Chair will direct the Clerk to Blount, Bradley, Horatio C. Burchard, Burleigh, Campbell, Candler, Cason, Chapin, read the action of the House, as journalized, upon the ort.lering of the Collins, Cowan, Crapo, Crounso, Denison, Douglas, Egbert, Ellis, Ely, Faulkner, Fort., Foster, Fuller, Garfield, Gibson, Robert Hamilton, Haralson, Henry R. Har- previous question. ris, Hartridge, Hatcher, IIathorn, Goldsmith W, lle"""itt, Hill, Hoar, Hoskins, Hun- The Clerk read as follows: ter, Hunton, Hyman, Jenks, Frank Jones, Kasson, Kehr, King, Knott, Lamar, George M. Landers, Lawrence, Lord, Mackey, Magoon, McCrary, McFarland, Mil- The Honse resumed the consideration of the report of the Committee on Naval lor, Milliken, Money, Monroe, Mutchler, Odell, Oliver, Packer, WiJliam A. Phil- Affairs. lips, Piper, Platt, Powell, Pnrman, James B. Reilly, Roberts, Sobieski Ross, Samp- .After debate, son, Sayler, Schleicher, Schumaker, Seelye, William E. Smith, Southard, Sparks, Mr. WHriTHORNE demanded the previous question on the adoption of the resolu- Spencer, Stenger, Stone, Stowell, Swann, Tarbox, Teese, Thomas, Thornburgh, Mar. tions accompanying the said report; which was seconded, and the main question tin I . Townsend, Tufts, John L. Vance, Robert B. Vance. Waldron. Charles C. B. ordered to be put. Wnlker, .A.lexanderS. Wallace, John W. Wallace,Wallill[!, Ward, Wheeler, Wbit6- Mr. WHITT HORNE moved to reconsider the vote last taken, and also moved tbnt lwuse, Wigginton, Antlrew Williams, Charle..'i G, Williams, William B. Williams, the motion to reconsider be laid on the tabla; which latt~r motion was agreed to. Wilshire, Alan Wood,jr., Fernando Wood, Woodworth, and Yeates-111. Mr. BANKS. The record as read by the Clerk does not show any So the substitute was not adopted. motion by any member of the House to substitute the resolution ac- During the call of the roll the foJlowing announcements were made: companying the views of the minority. The only aBusion to the mi- Mr. MlLLIKEN. On this question I am paired with Mr. GARFIELD. nority is to the "views" of the minority; and that is a proper refer- If present, be would vote "ay," and I would vote "no." ence. The Clerk has made up the Journal correctly. The minority M.r. HARTRIDGE. On this question I am paired with lli. Hos- had views upon this subject, and they had a right to an expression of KINS, of New York. If present, he would vote" ay," and I wonld those views; and the House gave to that minority the right to pre- vote "no." sent their views and have them printed. But there is nothing in the Mr. HARDENBERGH. My colleague, Mr. ROBERT IIAMILTON, is record to show that any member of this House has moved the reso- absent on account of sickness, and my colleagno, Mr. TEESE, is ab- lution accompanying the views of the minority; and for one I object sent by leave of the Honse. to voting on a resolution that has not beon moved. Mr. COOK. My colleague, Mr. Sl\nTH, of Georgia, is absent be- Mr. RANDALL. The previous question is called on the " resolu- cause of sickness in his family. tions." There is but one resolution accompanying each report, and ~ir. BAKER, of Indiana. On this question I am paired with Mr. the plural being used, that of course embraces both resolutions. -ELY, of New York. Mt·. BANKS. No, sir; the Journal says the previous question was ~ir. BLAIR. On this question I am paired with my colleague, Mr. "on the resolutions accompanying the said report;" and there was JONES, of New Hampshire, who is absent by leave of the House. If but one report, that of the majority of the committee. present he would "no," and I wonld vote "ay." Mr. RANDALL. When the word "resolutions" is used, that me:ms Mr. FOSTER. On this question I am paired with my coJleague, both resolutions. Mr. W ALLI.i~G, who if present I suppose would vote "no;" I would Mr. BANKS. The minority has m:td.e no report of a resolution vote "ay." which is npon the record of the House. The Journal, as read, shows Mr. WIGGINTON. I am -paired on this question with Mr. W AL- • no resolution presented by them, or covered by the previous question, LACE, of South Carolina. If present be would vote '' ay," and I or included in the order made by the House on the 25th of July. would vote "no." Mr. RANDALL. The order for the previous question contains the Mr. HURD. The gentleman from Kentucky, Mr. KNoTT, is absent word "resolutiOns;" there is a majority :r;esolution and a minority on account of illness. resolution-- Mr. COCHRANE. My colleague, :Mr. STENGER, is absent by leave Mr. BANKS. There is no minority resolution on the record. of t.he House. If present he would vote "no." My colleague, ~ir. :Mr. RANDALL. And therefore they are both em braced in the Ross, is absent by leave of t.he House. terms of the order for the previous question. :Mr. NEAL. My colleagues, Mr. WOODWORTH and Mr. SOUTHARD, The SPEAKER pro tempore. The Chair is prepared to role upon are paired on this question. If present Mr. WOODWORTH would vote the question. The Chair can see no difference between this and every "a.y," and Mr. SOUTHARD "no." other caso of a majority report accompanied with the views of ami- ?tlr. SAVAGE. My colleague, ~ir. CowAN, is absent on account of nority, and each proposing a resolution or resolutions. In this case injuries received from a runaway team. the majority of the committee make their report, and the minority .M:r. LORD. On this question I am paired with the gentleman present their views in accordance with express permission of t.he from Indiana, [l\fr. HUNTER.] If he were present hb would vote House, as appears from the Journal. The Chair cannot see the differ- " ay " and I should vote "no." ence between this and a coBtesteu-election case, for instance, where, ~h. MUTCHLER. On Saturday last I paired with my colleague, without any more formal presentation of the. resolution than sending Mr. PACKER. As he is not now in the House, it may be that here- it to the Clerk's desk to be printed in connection ~th the report, the gard8 the pair as still binding; and I therefore decline to vote. question is always taken upon substituting the resolution of the mi- Mr. CASON. I am paired with my colleague~ Mr. FULLER, on all nority for the resolution of the majority. The Chair does not see political questions, and this seems to be of that class. . that the rule is at all different in this instance, aml therefore holds Mr. DUNNELL. On this question I am paired with tl\e gelltl~ma,u that, the previous question having been ordered, it covers the resolu- from Missouri, 1\Ir. STONE, who if present would vote in the neg~.. tion of the majority and the substitute of the minority, and t.he suiJ- tive, while I should vote in the affirmative. stitnte accorclingJy cannot bA withdrawn at this time except by unan- Mr. A. S. WILLIAMS. I desire to announce that l am paired upo"!l imous consent. The question before the Honse, therefore is, Will the this question with my colleague, Mr. W. B. WILLI.AMS, who has been II House agree to the substitute proposed by the minority for the reso- necessarily ca.Ued away from the House. lution -presented by the majority of the Committee on Naval Affairs T The resnlt of the vote was announced as above stated. Mr. LEWIS. Upon that question I call for the yeas and nays. The question then recn.rred upon the adoption of the following reso- The yeas and nays were ordered. lution, reported by the majority of the committee : . The resolution accompanying the views of the ~~~orttyw~s ~ fol- Resolved, That these legal questions, together with all the -proof taken by thiR lows: · committee, be referred to the Committee on the Judiciary, with power ~o ~~ ~~· 5028 '• CONGRESSIONAL RECORD-HOUSE. JULY 31, ditional testimony and ariument if they see fit, to examine ~tnd report whether An act(H. R. No. 3928) to continue the provisions of an act entitled auch violations of the law as are referred to herein constitute and are impeachable "An act to provide temporarily for the expenditures of the Govern- offenses under t he Constitution ; and, if so. then they shall report articles of im- l!eacbmcnt a~ainst George M. R,obeson , Secretary of tho Navy. But if they shall ment;" nnd that under existing laws such acts and doings of the Aaid Secretary are not im- An act (H. R. No. 2118)_to provide for the construction of military p eacbalJle, or otherwise pun.ishable, then they shall report what additionallegisla:- posts on the Yellowstone and Muscleshell Rivers; tion, in their opinion, is necessary to make said laws sufficiently punitive t{) pro- A joint resolution (H. R. No. 134) donating two cannons and car· te"t the public service. riages to the warden and burgesses of Stonington, Connec: icut; Mr. HALE. Let us have the yeas and nays on that. A joint resolut-ion (H. R. No. 109) for the issue of silver coin: The yeas and nays were ordered. Au act (H. R. No. 1771) to declare forfeit to the Unit.ed States cer- The question was taken; and there were-yeas 109, nays 74, not tain lands granted to the State of Kansas in aid of the construction voting 102 ; as follows: of railroads by act of Congress, approved March 3, 1863; YEAS-Messrs. Abbott, Ainsworth, Anderson, Ashe, Atkins, Bagby, John H . An act (H. R. No. !r/17) ma.k ing appropriation for the support of the Baglf\y, jr., Banning, Beebe, BlackburD., Bland, Boone, Bradford, 13ri..,.ht. John Youn~ Brown, Buckner, Samuel D. Burchard, Cabell, John H. Caldwei:( William Army for the fiscal year ending J nne 30, 1877, and for other purposes; P. Caldwell, Cate, Caulfield, John B. Clarke of Kentucky, John B. Clark, jr., of An act (H. R. No. 3855) for the relief of George T. Olrustea.d, jr.; Missouri, Clymer, Cochrane, Cook, Cox, ~ulberson, Davis, De Bolt, Dibrell, Do- Joint resolution (H. R. No. 153) to correct a.n er,ror in the enroll- rand, Durham, Eden; Egbert, Felton, Finley, Forney Franklin, Gause, Glover, ment of the post-office appropriation act; GoOO.e, Gunter, Andrew H. Hamilton, John T. Harris, lhnison, Hartzell, Henkle, Hereford, .AbramS. Hewitt, Holman, Hooker, Hopkins, Hoose, Hurd, Tltomas L. An act (H. R. No. 1427) for the relief of H. P. Jones & Co.; Jones, Kehr, Knott, Lane, Lewi8, Luttrell, Mackey, Maish, McMahon, Me~lfe, An act (H. R. No. 890) for the relief of Randall Brown, of Nash- Mills, Morgan, Morrl8on, Neal, New, O'llrien, Pavne, Phelps,John F.Philips, Pop- YUle, Tenn68See; pleton, Potter, Randall, Rea, Reagan, John Reilly, Rice, Riddle, John Hobbill8, An act (H. R. No. 1692) to amend a.n net approved May 8, 1874, in William M . Robbins, Miles Ross, Savage, Scales, Sheakley, Singleton, Slemons, Sprinrrer, Stevenson, Terry, Thompson. Throckmorton, Tucker, Turney, Gilbert C. regard to leave of absence of Army officers. 1Valker, Walsh, Warren, Erastus Wells, Wbltthorne, Wike, James Williams, An act (H. R. No. 329) to remove the political disabilities of George James D. Williams, JeremiahN. Williams, Willis, and Benjamin Wilson-109. Jackson, a citizen of West Virginia; and NAYi-Messrs. Adams, Georae A. Bagley, William H. Baker, Ballon, Banks, William R. Brown, Horatio C. '13urcbard, Cannon, Caswell, Chittenden, Conger, An ao.t (H. R. No. 3749) making appropriationR for sundry civil ex- Cra~, Crounse, Danford, Davy, Dobbins, Eames, Evans, Fort, Freeman, Frye, penses of the Government for the fiscal year ending June 30, 1877, and Hale, Benjamin W. Harris, Hays, Hendee, Henderson, Hoar, Hoge, Hubbell, Hurl- for other purposes. but, Joyce, Kasson, Ke.lley, Kimball, Lapham, Lawrence, Leavenworth. Levy, It further announced that the following bills bad been received by Lynch, MacDougaH, McCrary, McDill, Miller, Monroe, Nash, Nort.on, O'Neill, Page). William A. Phillips, Pierce, Plaisted, Pratt, Rainey, Robinson, Rusk, Samp- the President on the 17th of July, and not having been returned by sou, ::;eelye, Sinnickson, Smalls, A. Herr Smitll, Strait~hornbo~h, Martin I. him so the House within the ten days prescribed by the Conet.i tu- Townsend, Washington Townsend, Tofts, Van Vorhes, waddell, w..,;t, G. Wiley tion bad become laws without his signature : Wells, White, Whiting, Charles G. Williams, James Wilson. and Woodbnrn-74. An aet (H. R. No. 339) for the relief of E. D. Franz; NOT VO riNG-Messrs. John H. Baker, Bass, Bell, Blair, Bliss, Blount, llr.Hllt'y, Bru·leigh, Campbell, Candler~...Cason, Chapin, Collins, Cowan, Cutler, Da~.U. Deni- An aet (H. R. No. 341) for the relief of Louis Rosenbaum; and son, Douglas, Dunnell, Ellis, ~ly, Faulkner, Foster, Fnller, Garfield, Gibson, Good- An act (H. R. No. 1808) forthe relief of Daniel Wormer, of Albany, in, Robert Hamilton, Hancock, Haralson, Hardenbergh, Henry R. Harris, Hart- New York. ridge, Hatcher, Hathorn, Haymond, Goldsmith W. Hewitt, Hill, Hoskins, Hun,t.er, MORNING HOUR. Hunton, Hyman, Jenks, Frauk Jones, King, Lamar, Franklin Landers, George M. Landers, LeMoyne, Lord, Lynde, Magoon, McFarland, Me.ade, Milliken, Money, The SPEAKER pro tempo1'e. The morning hour now begins at two Mntcbler, Odell, Oliver, Packer, Piper. Platt, Powell, Pmman, James B. Reilly, o'clock and fifteen minutes; and this being l\Ionday, the first busi- Robert.s, Sobieski Ross, Sayler, Schleicher, Schumaker, William E. Smith, South- ness in order is the call of the States and Territories, beginnjng with aril, Sparks, Spencer, Stenger. Stone, Stowell, Swann, Tarbox, Teese, Thomas, John L. Vance, RollertB. Vance, Waldron, Charles C. B. Walker, Alexander S. Wallace, the State of Maine, for the introduction of bills and joint rE\solntions J .o hn W. Wallace, Walling, Ward, Wheeler, Whitehouse, Wigginton, WillMd, An- for reference to their appropriate committees, not to be brought back drew Willi'\ms, Alpheus S. Williams, William B. W}lliams, Wilshire, Alan Wood, on motions to reconsider. Under this call memorials and resolutions jr., Fernando Wood, Woodworth, Yeates, and Young-102. of State and territorial Legislatures may be presented for reference So the resolution was adopted. and printing. During the roll-call the following announcements were made: NIGHT-LODGING-HOUSE COl\IMISSION. Mr. HARTRIDGE. On this question I am paired with the gentle- Mr. HENDEE introduced a bill (H. R. No. 3999) assigning the use m:m from New York, [Mr. HosKINs.) If present he would vote "no," of the Central Guard-house, in the city of Washington, District of ~nd I should vote "ay." Columbia, for the Night-Lodging- House Commission; which was read Mr. MILLIKEN. On this question I am paired with the gentleman a first and second time by its title. from Ohio, [Mr. GARFmLD.] Were he here he would vote "no," and Mr. FRYE. I ailk that the bill may be read. I should vote "ay." The bill was read in full, and was referred to the Committee for the Mr. CASON. I am paired on all political questions with my col- District of Columbia, and ordered to be printed. lMgue, Mr. FULLER. I do not know how he would vote on this q ues- tion, bot if be _were here I should vote "no." REl\fOVAL OF TRACKS OF BALTIMORE AND OIDO RAILROAD. Mr. DARRALL. I am paired with my colleague~ Mr. ELLis, who if Mr. JOYCE introduced a bill (H. R. No. 4000) requiring the removal present would vote in the affirmative, while I sbo1ld vote in the nega- of the tracks of the Baltimore and Ohio Railroad from cert..1.in streets tive. - in the city of Washington, and for other purposes; which was read l\Ir. BAKER, of Indiana. On this question I am paired with the a first and second time by its title. gentleman from New York, Mr. :£LY. Mr. JOYCE. I call for the reading of the bill. l\Ir. WILLARD. I am paired with the gentleman from Georgia, Mr. HILL. If he were present be would vote "ay," and I should The bill was read in. full, and was referred to the Committee for the District of Columbia, and ordered to be printed. • vote'' nay." REVENUE CORPS. l\Ir. 'VIGGINTON. I am pa.ired with the gentleman from South Carolina, Mr. WALLACE, who if present would vote in the negative, Mr. HEWITT, of New York, introduced a bill (H. R. No. 4001) to while I should vote in the affirmative. establish a c.ompetent and non-partisan revenue corps; which was Mr. DUNNELL. On this question I am paired with the gentleman read a first and second time by its title. from Missouri, Mr. STONE. If present be would vote "ay," and I Mr. HEWITT, of New York. I ask to have the bill read. should vote ''no." The bill was 1·ead in full, and was referred t.o the Committee on The result of the vote was announced as above stated. Civil-Service Reform, and ordered to be printed. · Mr. FOSTER. On this question I am paired with my colleague, ELLEN T. JOHNSON. l\Ir. WALLL.~G. If be wns present, be would vote "ay," and I should Mr. COX introduced a bill (H. R. No. 400'2) granting a pension to vote "no." Ellen T. Johnson; which was read a first and second time by its title · Mr. WHITTHORNE moved to reconsider the vote by which the Mr. HEWITT, of New York. I ask to have that bill read. resolution was adopted; and also moved that the motion to recon- The bill was read in full, and was referred to the Committee on In- sider be laid on the table. valid Pensions, aud ordered to be printed. The latter motion was agreed to. HEIRS OF LIEUTENANT HARRINGTON. MESSAGE FROM THE SENATE. Mr. DAVY introduced a bill (H. R. No. 400:1) granting a special A message from the Senate, by Mr. SYMPSON, one of their clerks, pension to the widow and minor children of Lieutenant Harrington, announced the passage, without amendment, of Joint resolution (H. R. who was killed in the recent fight with the Indians ou the Little Big No. 154) prohibiting the supply of special metalliC cartridges to hostile Horn River; which was read a first and second time, referred to the Indians. Committee on Invalid Pensions, and ordered to be printed. It further announced the passage of a bill (S. No. 1008) to increase the efficiency of the cavalry force in suppression of the Sioux hos- CENTENNIAL EDUCATIONAL MATERIAL. tilities; in which concurrence was requested. Mr. CUTLER introduced a joint resolution (H. R. No. 156) authoriz- ing the Secretary of the Interior to receive the educational material MESSAGE FROM THE PRESIDENT. now on exhibition in the centennial exposition; which was read a. A message in writing from the 'President of the United States was first and second time by its title. received by Mr. U.S. GRANT, jr., his Private Secretary. Mr. HURLBUT. I call for the reading of the joint resolution. Also, a message announcing that he had approved and signed bills The joint resolution was read in full, and wa~ referred to the Com- and joint resolutions of the following titles, namely: mittee on Appropriations, ttnd ordered to be printed. 1876. CONGRESSIONAL -RECORD-HOUSE. 5029 INTERSTATE COMMERCE. SARAH ELLEN CADY. Mr. HOPKINS introduced a bill (H. R. No. 4004) to regulate inter- Mr. WALSH also introduced a bill (H. R.No.4010) for the relief of state commerce and to prohibit unjust discriminations by common- Sarah Ellen Cady; which was read a first and second time by its carriers; which was read a first and second time by its title. title. - :Mr. DUNNELL. I request that that bill may be read in full so that The bill wa.s read in full, and was referred to the Committee on it may appear in the REcoRD. War Claims, and ordered to be printed. The bill was read, and i8 as follows : WILLIAM T. LEWIS. A bill to regulate interstate commerce and to prohibit unjust discriminations by Mr. WALSH also introduced a bill (H. R. No. 4011) for the relief of common carriers. ' William T. Lewia, executor of John H. Lewis, deceased; which was Be it enacted by the Senate and Hottse of Representatives of the United States of An.erieain Congress assembled, That all railroad companies and all other corpora- read a first and second time bv its title. tions or J!,ersons enga~ted in the business of carryinr,: freight from any place in one The bill was read in full, and was referred to the Committee on State or Territory to any place in another State or Territory, or from any place in War Claims, and ordered to be printed. a State-or Territory to the seaboard in said State or Territory for exportation, or from the seaboard to any plaoe within any State or Territory, of articles imported J. C. CAMERON. directly to such inland plar.e of delivery, be, ancl they are hereby, prohibited from Mr. SINGLETON introduced a bill (H. R. 4012) for the relief of J. making discriminations in facilities in transportation, or in char)!es for handling, C. Cameron, of Madison County, State of .Mississippi; which was read carrying, and d~livering such freights, when shipped in quantities not less than a first and second time by its title. · stlfficit>nt to loacl one ordinary car or usual vehicle; bnt all such charges shall be equitable and uniform for all persons, companies, and corporations shipping from Mr. ffiTRLBUT. Let the bill be read. the same place to the same place. The bill was read in full, and was referred to the Committee on SEC. 2. That all railroad companies and n11 other corporations or persoll8 engaged War Claims, and ordered to be printed. in carrying or delivering freight, as set forth in section 1 of this act, shall, within thirty days after the passage of this act, make and publish a schedule of charges JAMES M. LYLES. for the reception, carrying, and s proposed to be made in said scbeflule. Any corporation or incliviclual was read a first and second time by its title. ne:rlecting to comply with the provisions of this section shall be liable to a penalty of $5,000, to be sued for and apportioned as in case of the penalty provided for in .Mr. HURLBUT. I call for the reading of the bill. section 3 of this act, The bill was read in full, and referred to the Committee of Claims. S!!c. 3. That all railroad companies ancl other corporations and persons engaged WILLIAM A. TAYLOR. in carrying freights as aforesaid are hereby prohibited from receiving or reta10rng less or more than tho rates so as aforesaid prescribed from any person or ptwsons or l\fr. SINGLETON also introduced a bill (H. R. No. 4015) to refund corporations under a penalty of $:),000 for each offense, to be recoveree} in nn:f court toW. A. Taylor, M.D., of Bastrop County, in the State of Texas, cer- of record having jurisdiction to that amount., one-half thereof for the benefit of the tain internal-revenue taxes which were erroneously and unlawfully United States and the other half to the person suing therefor. Any arrangement or agreement, dir·ectly or indirectly, whether by wa:y of drawback, rebates, under. imposed upon and exacted of him; which was read a first and second billing, eommissioll8, or otherwise, whereby the frmght of any indh-idual or asso· time, referred to the Committee of Claims, and ordered to be printed. ciation of in!lividuals, or of any corporation or corporations, shall be hamlled. storeu, or carried for a rate of compensation differPntfrom the rate per hundred pounds, or WALTER L. CAMPBELL. per package, or per car-load, charged to others. and any arrangement or a~reement giving a preferegce in furnishing cars, or motive power, or sidings, or tracks, or a Mr. HOOKER introduced bill (H. R. No. 4016) for the relief of Walter L. Campbell, a resident of Pike County, State of Mississippi; d€1pots, or stora:re, shall be consiuered a violation of this a-ct, subjecting the party or corpomtion violatin~ to the penalty aforesaid for each offense. which was read a :first and second time by its title. SEc. 4. That any combination of ra"ilroad companies or other corporations or in- Mr. HURLBUT. I call for the reading of the bill. diViuuals to defeat tho purpose of this act, to regulate charges upon a difft~rent The bill was read in full, and referred to the Committee on War basis than that herein set forth to affect values by sudden and unnecessary changes, Claims, and ordered to be printed. to give to one corporation or indivulual facilities aud advantages withheld from or not extended to any other corporation or individual is hereby declared to be a mis- CONSIDER P.ABISH. demeanor, and the corporation or person convicted thereof in any United States Mr. HOOKER also introduced a bill (H. R. No. 4017) for the relief disrrict court whore said corporation or individual has an office or place of busi- of Consiuer Parish, a resident of Hynes Coun_ty, State of Mississippi; ness shall be fined a sum not lt>as than $5,000 for each offense, and shall also be sub- ject to the penalty prescribed in section 3 in a. civil snit or snit8. which was read a :first and second time, referred to the Committee The bill wa-s referred to the Committee on Commerce, and ordered on War Claims, and ordered to be printed. to be printed. MAIL SERVICE. HENRY HOOVER. Mr. GIBSON introduced a joint resolution (H. R. No. 157) to amend Mr. ROBBINS, of Pennsylvania, introduced a bill (H. R. No. 4005) an act entitled "An act to amend sections 3893 and 3894 of the Revised for the relief of Henry Hoover; which was read a first and second Statutes relative to the mail service;" which was read a first and time by its title. second time, referred to the Committee on the Post-Office and Post- Mr. HURLBUT. Let that bill be read. Roads, and ordered to be printed. The bill was read in full, and was referred to the Committee on WILLIAM P. MORAN. Naval Affairs, and ordered to be printed. Mr. LEVY introduced a bill (H. R. No. 4018) for the relief of Will- JOHN PRESTON'S EXECUTOR. iam P. Moran; which was read a first and second time by ita title. :Mr. TE~RY introduced a bill (H. R. No. 4006) for the relief of John Mr. HURLBUT. I call for the reading of the bill. Preston's executor; which was read a first and second time by its The bill was read in full, and referred to the Committee of Claims, title. and ordered to be printed. Mr. HURLBUT. Let the bill be read. WILLIAM F. WALSH. The bill was read in full, and was referred to the Committee on Mr. LEVY also introduced a bill (H. R. No. 4019) for the relief of War Claims, and ordered to be printed. William F. Walsh, a citizen of New Orleans, Louisiana. LEWIS RODRICK. Mr. HURLBUT. I ca,U for the reading of the bill. Mr. WALSH introduced a. bill (H. R. No. 4007) granting a. pension The bill was read in tull, referred to the Committee on War Claims, to Lewis Rodrick; which was read a first and second time 'by its and ordered to be printed. title. WILLIAM F. PERKINS. Mr. HURLBUT. I ask for the reading of that bill. Mr. LEVY &leo introduced a bill (H. R. No. 4020) for the relief of The bill was read in full, and was referred to the Committee on the estate of William F. Perkins, late of VanZandt County, deceased; Revolutionary Pensions, and ordered to be printed. · which was read a first and second time by its title. REUBEN ROUZEE. Mr. HURLBUT. I call for the reading of the bill. Mr. W .ALSH also introduced a bill (H. R. No. 4008) for the relief of The bill was read in full, referred to the Committee on War Claims,· Reuben Rouzee, of .Montgomery County, Maryland; which was read and ordered to be printed. a first and second time by its ~tle. WILLIAM H. WHITEFIELD. The bill was read in full, aud was referred to the Committee on Mr. LEVY also introduced a. bill (H. R. No. 4021) for the relief of War Claims, and ordered to be printed. the heirs of William H. Whitefield, an alien some time resident of SiliUEL T. MAGRUDER. Sebastian County, in the State of Arkansas, and late ofUtilla Island;- Mr. W .ALSH also introduced a bill (H. R. No. 4009) for the relief of off Honduras, Central America, deceased; which was read a first aud, Samuel T. Magruder; which was read a first a.nd second time by its second time by its title. title. Mr. HURLBUT. I can for the reading of the bill. _ The bill wa-s read in full, and was referred to the Committee on The bill was read in full, referred to the Committee on War Cl,airp.s, War Claims, aud ordered to be printed. and ordered to be printed. ' 5030 CONGRESSIONAL RECORD-HOUSE . . JULY 31, DANIEL EDWAimS. HENRY C. HULL. Mr. LEVY also introduced a bill (H. R. No. 4022) for the relief of :Ur. BLAND introduced a bill (H. R. No. 4036) for the relief of Daniel Edwards, a resident of the city of New Orleans, Louisiana; Henry C. Hull, of Osnge County, Missouri; which was read a first and which was read a first and second time, referred to the Committee on second time, referred to the Committee of Claims, and ordered to be War Claims, and ordered to be printed. printed. OTHO HENSON. ALANE!ON WILLIAMS. Mr. BUCKNER introduced a bill (H. R. No. 40;t;7) for the relief of Mr. WHITE introduced a· bill (H. R. No. 4023) to grant a pension Otho Henson, of the District of Columbia; which was read a first and to Alanson Williams; which was read a first and second time, re- second time, referred to the Committee on War Claims, and ordered ferred to the Committe on InYalid Claims, and ordered to be printed. to be printed. JOSEPH M7KINNEY. G. R. WILFRED MARSHALL, Mr. WHITE also introdnceiJ a bill (H. R. No. 4024) granting a pen- Mr. BUCKNER also introduced a bill (H. R. No. 4038) for the relief sion to. Joseph McKinney; which was read a first and second t.ime, of G. R. 'Vilfred Marshv,ll, :tdministrator of John T. Waring, de- 1·eferred to the Committee on Invalid Pensions, and ordered to be ceased; which was read a first and second time, referred to the Com- printed. mittee on War Claims, and ordered to be printed. A. S. HAMILTON. HENRY A. BUTLER. Mr. RIDDLE introduced a bill (H. R. No. 40"25) for the relief of A. Mr. BUCKNER also introduced a bill (H. R. No. 4039) for the relief S. Hamilton, of Sumner County, Tennessee; which was mad a first of Henry A. Butler; which was read a first aud second time, referred to and second t,ime, referred to the Committee on War Claims, and or- the Committee on War Claims, and ordered to be print.ed. dered to be printed. LOTTERY TICKETS. JOHN G. RANDOLPH. Mr. BUCKNER also introduced a bill (H. R. No. 4040) to prevent Mr. ATKINS introduced a bill (H. R. No. 4026) for the relief of the sale of policy or lottery tickets within the District of Columbia; John G. Randolph; which was read a :first and second time, referred which was read a first and second time, re[tJ'red to the Committee for to the Committee on War Claims, and ordered.to be printed. the District of Columbia, and ordered to be printed. ROBERT P. TURNER ET AL. DEPREDATIONS UPON PROPERTY IN THE DISTRICT, Mr. 'ATKINS also introduced a bill (H. R. No. 4027) for the relief of Mr. BUCKNER also introduced a bill (H. R. No. 4041) to prevent Robert P. Turner, Margaret Hurst, and David N. Huddleston; which depredations upon property in the District of Columbia; which was was read a first and second time, referred to the Committee on War read a first and second time, referred to the Committee for the Dis- Claims, and ordered to be printed. trict of Columbi!l, and ordered to be printed. JESSE H. HARPER. ROBERT S. PERKINS. Mr. ATKINS also introduced a bill (H. R. No. 4028) for the relief of lli. BUCKNER also introduced a bill (H. R. No. 4042)for the relief Jesse H. Harper, of Jackson, Madison County, Tennessee; which wa.s of RobertS. Perkins, of the District of Columbia; which was read a read a first and second time, referred to the Committee on War Claims, first and second time, referred to the Committee on War Claims, and and ordered to be printed. ordered to be printed. S. M. GOLDEY. R. C. BRINKLEY. Mr. BUCKNER also introduced a bill (H. R. No. 4043) for the relief Mr. YOUNG, introduced a bill (H. R. No. 4029) for the relief of R. C. of S. M. Golden, of the District of Columbia; which was read a first Brinkley, of Memphis, Tennessee; which was read a first and second and second time, referred to the Committee on War Claims, and or- time, referred to the Committee on War Claims, and ordered to be dered to be printed. printed. WILLIAM ROUZER. CLARA E. BRYON. Mr. BUCKNER also introduced a bill (H. R. No. 4044) for the relief Mr. YOUNG, also introduced a bill (H. R. No. 4030) for the relief of of William Rouzer; which wa-s read a first and second time, referrj:ld Clara E. Bryon, of Memphis, Tennessee; which was read a first and to the Committee on War Claims, :tnd ordered to be printed. second time, referred to the Committee on War Claims, and ordbred to be printed. CHARLES HEITMULLER. SIGNAL SERVICE. :Mr. BUCKNER also introduced a bill (ll. R. No. 4045) for the relief Mr. YOUNG, also introduced a joint resolution (H. R. No. 158) re- of Charles Heitmuller of the District of Columbia; which was read lating to the Signal Service; which was read a first and second a first and second time, referred to the Commi):;tee on War Claims, time, referred to the Committee on App~opriations, and ordered to and ordered to be printed. be printed. C. F. F. ROSE~. APPOINTMENTS TO OFFICE. Mr. BUCKNER also introduced a bill (H. R. No. 4046)fortherelief Mr. BAKER, of Indiana, introduced a bill (H. R. No. 4031) to ap- of C. F. F . Roseuthal, of the District of Columbia; which was read portion the appointments of clerks and other employes of the Govern- a first and second time, referred to the Committee on War Claims, ernment among the several States and Territories; to provide for their and ordered to be printed. appointment on account of honesty, capacity, and fitness, wif.hout JAMES C. BROOKE. regard to their political opinions; to forbid their removal except for Mr. BUCKNER also introduced a bill (H. R. No. 4047) for the relief causes other than political, and making it a misdemeanor for Sena- of James C. Brooke, of the DU!trict of Columbia; which was read a tors and Representatives and Delegates in Congress to ask or recom- first and second time, referred to the Committee on War Claims, and mend the making of such appointments; which was read a :first and ordered to be printed. second time. HENRY STELLO • . Mr. BAKER, of Indiana. I ask that the bill be read at length. The bill was read in full, and referred to the Committee on Re- :Mr. BUCKNER also introduced a bill (H. R. No. 4048) for the relief form in the Civil Service, and ordered to be printed. of Henry Stello, of the District of Columbia; which was read a first and second time, referrtd to the Committee on War Claims, and or- REFUNDING LICENSE TAXES IN THE DISTRICT OF COLUMBIA. dered to be printed. · - . Mr. STEVENSON introduced a bill (H. R. No. 4032) to refund cer- WIDOW OF JA.l\IES H. WELLS. tain license taxes to citizens of the District of Columbia; which was Mr. REA introduced a bill (H. R. No. 4049) for the relief of ·the read a first and second time, referred to the Committee for the District widow of James H. Wells; which was read a fu·st and second time, of Columbia, and ordered to be printed. referred to the Committee of Claims, and ordered to be printed. WILLIAM P. HAZARD. THOMAS A. MOORE. Mr. BURCHARD, of Illinois, introduced a bill (H. R. No. 4033) for Mr. GAUSE introduced a bill (H. R. No. 4050) for the relief of the relief of William P. Hazard; which wa.s read a first and second Thomas A. Moore, of Osceola, Arkansa.s; which was read a first a-nd time, with the accompanying papers referred to the Committee on second time, referred to the Committee on War Claims, and ordered Invalid Pensions, and o,rdered to be printed. to be printed. IMMIGRATION. DAVID TRUITT. :Mr. EDEN introduced a bill (H. R. No. 4034) granting a pension to Mr. CONGER introduced a bill (H. R. No. 4051) to promote immi- David Truitt, a soldier in the Mexican war; which was read a first grat. i on to the United States and to protect immigrants on their pas- sa.g e; which was read a first and second time, referred to the Com- and secoofl time, referred to the Committee on Invalid Pensions, and mittee on Commerce, and ordered to be printed. ordered to be printed. JULIUS S. BOHRER. GREEN BAY AND LAKE MICIDGAN SHIP-CANAL. Mr. ANDERSON introduced a bill (H. R. No. 4035) for the relief of Mr. LYNDE introduced a bill (H. R. No. 4052) to extend the time Julius S. Bohrer, United States Navy; which was read a :first and for the completion of the Green Bay and Sturgeon Bay and Lake second time, referred to the Committee of Claims, and ordered to be Michigan Ship-canal, in the State of Wisconsin, and to repeal section printed. 5 of chapter 32 of the acts of Congress of 1866; which was read a 1876. CONGRESSIONAL RECORD-HOUSE. 5031 first and second t.ime, referred to the Committee on Public Lands, and A similar reduction is made in the expenses for armories and arsenals. ordered to L-e printed. The provision for the ordinary judicial expenses is much less than tho estimated q.mount for that important service, tho a~tual expenditures of tho last fiscal year, ORDER OF BUSINESS. and the cert·1iu dem..'l.nds of the current year. · · Mr. SAVAGE. Mr. Speaker has not the morning hour expired t The provision for the e:qJenses of the surveys of public lands is less than one- The SPEAKER p1·o tempore. The morning hour has expired.; but a h'llf of tho usu:1l appropriation for that service and what are understood to be its actual dem'lnds. number of gentlemen desire to introduce bills for reference, which Reduction in the expenditures for light-houses, beaeons, and fog-stations is also will tat.e but a few moments, and. if done now wiH save a great deal made in similar proportion. of the time of the House. The Chair hopes, therefore, that no objec- Of tho class for which no appropriation is made, among the most noticeable, per- tion will be made. · haps, is that portion of tho geneMl expen es of the Distrtct of Columbia, on behalf of the United State.<~, as appropriated in former years, and the judgments of the Mr. SAVAGE. I object to the introduction of any bills by unnni- Court of Claims. The failure to make a reasonable c.ontributiou to tbe expenses of mons consent. the nation's capital is an apparent dereliction on the part of the United States, and SUPPLIES FOR INDIAN BUREAU. mnk injustice to the people here who bear the burdens ; while to refuse or neglect to provido for the pavment of solemn jml~ments of its own.courts is, apparently, Mr. RANDALL, by unanimous consent, reported from the Com- to repudiate. Of a diffarent character, but as prejudicial to the '.rrea.sury, is tho mittee on Appropriations a bill (H. R. No. 4053) to further authorize omission t.o make provision to enable the Secretary of the Treasury to have the rebel archives and records of captured ancl abanfloned property examined and in- the Commissioner of Indian Affairs t.o purchase supplies for the In- formation furniooed therefrom for the use of tho Government,. dian Bureau in open market; which was read a first and second Finally, without fnrther srf'Cification of detail, it may be said that the act which tim& · in its title purports to make v•-ovision for a clive• e a.ntl!rr0:ttlyextended civil serv- The bill was read. It authorizes the Commissioner of Indian Af- ice. unhappily appropriates an amount not more than 65 per cent. of its ordinary fairs to purchase in open ma1·ket, without the usual advertisement, demands. The legislative department establishes and defines the service, and devolves tor immediate use of the Inenses of the Government for them. the fiscal year ending J :.m e 30, 1877, is so defective m what it omits to provide for At the proper time I will show more in detail the utter insufficiency that I cannot announce its approval without at the same time pointin~ out what seems to me to be its defects. It makes but inadequate provision for tne service of the reasons given by the President of the United States. • at be!!t, and in some instances fails to make any provision whatever. · He complaiyts in a measure of our action toward the District of Co- Notably among the first class is the reduction m the ordinary annual appropria- lumbia. Now what have we done in reference to the District of Colum- tions for the revenue-cutter service, to the prejudice of the customs revenue. bia f We have ald bullion ..•......•. -.• -.... -.................... 11, 030, 095 87 coin and bullion .•• -..•......•....••..•••• -... 8, 500, 677 02 fit, not to veto the bill, thereby obstructing any of the wheels of the 61, 158, 223 45 Government which should roll on from year to year, but to present Against which there were matured obligations, pay- his reasons why he believes that the appropriations made by both able on clemand, as follows: branches of Congress are not sufficient. Coin interest...... . . . . . . . . . . .........••• . ......•• - 10, 456, 386 29 He has simply, Mr. Speaker, exercised a power given to him by the Coin Bonds called or m3tured and interest thereon . . • . . • • 3, 0"26, 6~7 51 certificates ..•..•. --.. . • . • • . . . • . • . • . . • • . .. • • • . 30, 230, 100 00 Constitution. My friends on the other side in years past always have Old demand notes ..•..••..•••.•..• -•.•...•••.. -..... 66, 907 50 been sticklers for maintaining the proper balance in the co-ordinate 43, 780, 021 30 branches of the Government. It does not come well or with good ~ace from them now to find any fault or to talk about accepting an Leaving a balance in exce88 of all such obligations of .• -.... • • • • • • 17, 378, 202 15 Issue with him in a defiant manner, because tha President has pre- Very respectfully, LOT M. MORRILL, &cretary. sented no issue here. He has made no issue. He~ has put no obstruc- Ron. MILTON SAYLER, tion in the way of the appropriation bills. He believes, looking at the Speaker pro tem~ore, House of Represen.tativeB. question, as I have said, not from the side of the House, not from the Mr. RICE. I move that the report be printed and referred to the - side of the Senate, but from a calm point of view, that these appro- Committee priations are not sufficient. But he says what under the circum- on Banking and Currency. stances I believe any Chief Magistrate should do, that, as Congress The motion was agreed to. has decided that t.liese sums shall be sufficient, he, while notifying us ORDER OF BUSINESS. that he does not believe there will be enough, signs the bill and lets Mr. REAGAN. I ask nno.nimous consent that the roll of States be it become a law. now called. Now the chairman of the Committee on Appropriations has found Mr. HOLMAN. I hope that by unanimous con~ent bills not per- fault because this bill has increased so in years past. Undoubtedly mitted to come in - for reference during the morning hour may now it has. Because, to begin with, certain things which formerly were be presented. not upon this bill have been put upon it in late years ; and it has be- The SPEAKER pro ternpo1'e. The gentleman from Indiana asks come now more than fol'merly what may be called the omnibus bill unanimous consflnt that gentlemen who had no opportunity under of the expenditures of the Government. When all the other dis- the call of States this morning to present bills and joint resolutions tinctive bills have passed nearly everything else goes into this bill. for reference may now have that opportunity. Is there objection' The light-house bill wna formerly a bill by itself. It now helps to Mr. SAVAGE. I object. swell the amount of the sundry civil appropriation bil-l. And by the Mr. HOLMAN. I move to suspend the rules that that order may way as regards these light-houses, the gentleman should remember be made. that the country ba-s not yet got up to the point upon the light-house The SPEAKER pro tempore. If there be no objection the order will appropriation of making good the destruction during the war, of be considered as made. guarding and lighting harbors that lead into almost every Gulf, At-. Mr. GLOVER. I ask the House to listen to me for a moment. I Iantic, and lake State in the Union. desire to present a report. So upon other matters that during the war were overlooked when The SPEAKER pro tern,pore. The Chair cannot recognize the gen- all attention was, given to arms, and not the arts and developments tleman for any purpose just now, except to present a bill for refer- of peace. We are obliged to appropriate more now thaJt in the days ence. 1876. CONGRESSIONAL RECORD-SENATE. 5033 JOHN KELLY. The House divided; and the tellers reported-ayes 92, noes 62. Mr. TUCKER introduced a bill (H. R. No. 4056) for the relief of So the motion was agreed to; and accordingly (at four o'clock and John Kelly, of Alleghany County, in the State of Virginia; which three minutes p. m.) the House adjourned. was read a first and second time, referred to the Committee on War Clairus, and or(l ered to be printed. PETITIONS, ETC. RELATIVE VALUE OF GOLD AND SILVER. The following petitions and other papers were presented at the Mr. HEWITT, of New York, by unanimous consent, introduced a Clerk's desk nuder the rule, and referred as stated: bill (H. R. No. 4057) to authorize a. commission to inquire into the By Mr. HEW ITT, of New York: The petition of citizens of New change in the relative value of gole added !.a the Centennial, to aRk to be rlischarged fTOm its further con iderat ion inclosures letters and testimony in regard to the lawless condition of a portion of the people of tho lattU t .118i5 inclusive, compiled from the B1enmal Register; which toba.cco seized for use of the Army, submitted an adverse report; was ordered to lie on the table, and be printed. which was ordered to be printed, and the bill was postponed indefi- CONSULAR AND DIPLOMATIC BILL. nitely. The PRESIDENT pro tempore appointed .Mr. SARGE"YT, Mr. BouT- Mr. FRELINGHUYSEN, from the Committee on Finance, to whom WELL and Mr. NORWOOD conferees on the p:ut of the Senate at the was referred the bill (H. R. No. 2d67) to amend section 2958 of the fourth conference upon the disagreeing V?te.s of the t,wo Houses upon Revised Statutes, reported it without amendment, and submitted a re- tho bill (H. R. No. 1594) mt\king appropnabons for the c~msular and port thereon; wbich was ordered to be printed. nt, and submitted a report thereon; which was the District of Columbia. ordered to be printed. . . Mr. LOGAN presented the petition of M. D. Manson, L. A. Foote, .Mr. BRUCE, from the Committee on Pensions, to whom was re- Charles W. Elmore, and others, officers and solrliers in the late war, ferred the bill (H. R. No. 149G) granting a pension to Mary A. Allen, citizens of Indiana, praying for the passage of the bill (H. R. No. 58) submitted an adverse report thereon; which was ordered to be printed, to equalize the bounties of soldiers who served in the late war for and the bill was p95tponed indefinitely. the Union; which was ordered to lie on the table. Mr. DORSEY presented a joint restllution of the Legislature of DECLARATION 01<' . INDEPENDENCE. .Arkansas in favor of the passage of a law authorizing the adjust- Mr. HOWE. I am instrucied by the Joint Committee on the Li- ment and settlement of the claim of the widow and heirs of the late brary of ConJ!:ress, to whom wa-s referred the joint resolution (H. R. Peter T. Crutchfield, deceased, for moneys alleged to have been taken No. 77) providino- for the restoration of the original Declaration of from him by the State of Arkansas while a.ctiug as United States Independence, t~ report it back without amendment and recommend marshal; which was referred to the Committee on Claims. its passage. As it is a very simple affair and appropriates no money, HAND-BOOK FOR THE USE OF CONGRESS. and as this is the centennial year, my fl'iend [Mr. EDMUNDS] t:mg- gests I ask for the present consideration of the resolution. :Mr. ANTHONY. The Committee on P1·inting, to which was re- By unanimous consent, the Senate, as in Committee of the Whole, ferred a retmlntion inquiring into the expediency of preparing a hand- proceeded to consider the joint 1·esolution. It empowers a commis- book for the n~ of Congress, giving a brief account of the several sion, consisting of the Secretary of the Interior, the Secretary of the Executive Departments of the Government, &c., have instructed me Smithsonian Institution, and the Librarian of Congress, to have re- to report it back and ask toLe dischaq~cd from its further considera- sort to such means as will most effectually restore the writing of the tion. The committee have adopted tne suggestion, for which they ori!rinal manuscript of the Declaration of Independence, with the are indebted to the Senator from North Cat·olina, [:Mr. ?!lERRil\ION,] sig~atnres appended thereto, now in the United States Patent Office; in the Cono-re~;sional Directory, and I believe in a way which will and provides that the expense attending the same be defrayed out of meet his approbation and accomplish the object which he had in of- the contingent fund of the Interior Department. fering the resolut.ion. It is a very desirable atldition, and we think it The joint resolution was reported to the Senate without amend- will improve the value of the Congressional Directory. ment, ordered to a third reading, read the third time, and passed. Speaking of the Directory, I will state that I found yesterday a copy of one of the last Directories that had been issued under the old IDAHO PENITENTIARY. reg-inw, before the present so-called "extravagant and corrupt system Mr. MORRILL. I am directed by the Committee on Public Build- of public printing" was adopted. I should like to have some of the ings and Grounds, to whom was referred the bill (H. R. No. 197~) to new Senatore, some of· these boys who have come in since 1865, and authorize the construct.ion of an inclosure around the United States never have seen the old Directory, to look at it and compa~ it with penitentiary at Boise City, in the Territory of Idaho, to report it the new one. It contains scarce a tenth of the useful information and favorably. It is only a few lines, and it merely provides for fencing it isfull of gross inaccuracies. The Directory used to be printed after in the rascals who are now confined in the penitentiary of Idaho. 1 the session was well under way. The last but one, I think, w~t.s not take it nobody will have any objection to having them fenced in. The printed until the latter part of February, that being a short session, bill appropriates 1,500 for that purpose. I ask for the present con- when we adjourned on the 4th of March; and they cost fifty cents a sideration of the bil1, if there is no objection. piece, which is about four times the cost of the present Directory. By unanimous consent, the Senate, as in Committee of the Whole, Mr. FRELINGHUYSEN. Who was chairman of the Committee on proceeded to consider the bill. It appropriates 1,500, or so much Printinp; then T thereof as may be required, to construct a wooden inclosure around Mr. ANTHONY. I had the honor to be its chairman, but the Di- the United States penitentiary at Boise City) in the Territory of rectory was not then printed under the supervision of the Committee Idaho, to be expended by the United States marshal for the district of on Print,i ng. It was a private speculation of one of the officers of Idaho, under t.he direction of thfl Attorney-General of the United the House of Representatives; and in consequence of the incorrect States. character of the work, so incorrect as to mislead rather than inform, The bill was reported to the Senate without amendment, ordered a resolution wa-s passed directing the Committee on Printing to have to a third reading, reall the third time, and pa sed. it printed under "the extravagant and corrupt system of the Print- ing Office." WRECK OF THE MO~'"ITOR TECUMSEH. Mr. WITHERS. What year was the Directory printed to which Mr. EDMUNDS. I am instructed by the Committee on the Judi- the Senator refers T ciary, to whom was referred the joint resolution (H. R. No. 148) in 1876. CONGRESSIONAL RECORD-SENATE. I 5035 reference to the wreck of the United States monitor Tecumseh, to is an authority to sell on just terms if the situation will authorize it, report it back with an amendment and with a recommendation that with dne reg-ard to thPse bodies. when amended it pass. Mr. WITHERS. I inquire of the chairman of the Committee ou I will state to the Senate that the question abont which the reso- the Judiciary whether I nnclerst.ood him to say that the Judiciary lution wat; sent to the Committee on the Judiciary arose out of some Committee were of opinion that the sale which had been made for supposed legal difficulty concerning tbe situation of this monitor. $50 was not a legal sale t The monitor was a part of the United State~ Navy, and ran against a 1\fr. EDMUNDS. That is, as I t:tnderstaud it, the opinion of the torpedo in Mobile Bay, in the year 1864, and sank in forty feet of committee. Some of t.he gentlemen doubt whether that is the strict water, and the place of sinking was marked by a buoy. Afterward construction of tbe act. I will say for myself I have no doubt at Congress passed, in 1870, a joint resolution which authorized the Sec- all; it appears clear to me that the act did not authorize the Secre- retary of the Treasury to take such steps as he saw fit for the collec- tary of the Treasury to dispose of that property at all. tion, sale, &c., of any" w1·ecked, abandoned, or dereli~t property Mr. CRAGIN. This matter was before the Committee on Naval which ought to go to the United States," was the expression describ- Affairs and by them committed to the Committee on the Judiciary. ing the class of property to which the resolution referred; and then There is one point in the case that has not been brought out. In ad- it went on to speak also of dueM that might be owing to t.he late gov- dition to the iron that smTonnds this vessel, there was a safe on board ernment of the so-called Confederate States. Under the authority, containing a considerable amount of money, somewhere from 5,000 as the Secretary of the Treasury snpposecl, of this resolution, he sold to $20,000, and t.hese parties who have bought the vessel, I am told, this wreck, if it Le called a wreck, to a gentleman named Slaughter, inay got their remuneration in that money which they will find, and and also the wreck of one of the vessels of the rebel government, for therefore it is not to be raised so much for the iron. It will be vep;y the sum of $50. expensive to raise the vessel. When this vessel went down, all on board went with it. Abont one Mr. EDMUNDS. Nothing of that sort appeared in the papers that hundred and fifty officers and sailors were buried in that iron tomb, we had; but I will sta.te that a copy of the sale by the Secretary of and there are their remains to this day of course. The assignee of the the Treasury, the professed sale, was before us, and, according to my man who claims to be the owner proposes to blow up the vessel in recollection, the papers there-J am quite sure I am right-agree order to get the old iron. The House passed a joint resolution instruct- that all that the Secretary sold was the monitor Tecumseh. The sale ing the Secretary of the Navy to prevent that, unless these bodies or does not incluue any personal property or money of the United States remains ai'e carefully removed, "decently and in order," and if that that may happen t.o Leon board any more than it includes the bones cannot be done, to tender buck the money and take possession. of these poor sailors who went down in it, and if they get it up The committee, or a consiuerablo portion of it, was inclined to the the money in the sn.fe will belong to the United States. opinion that the joint resolution of Congress of 1870 did not author- Mr. SPENCER. Is ibis joint resolution before the Senate by unani- ize t.he Secretary of the Treasury to do anything about this vessel at mous consent f all, inasmuch as it always was the propert.y of tbe United States, and The rRESIDENT pro tempore. It is not yet before the Senate. was in the legal possession of the Navy Department, as much so as if The Cl.tair was going to put the question on taking it up. Is there it had been at the navy-yard in this city, although it was on the bot- objection to it& present consideration f tom of the bay, but it W!l8 buoyed out. I think a majority of the Mr. SPENCER. I object to its consideration. I should like to look committee are of opinion that this act of Congress did not refer to at it. any such property at all, which was in the possession of the United The PRESIDENT pro tempcwe. The Senator from Alabama objects, · States and belonged to us, in charge of the Navy Department, and and the joint resolution will be placed on the Calendar. therefore that this gentleman got no title; but, however that may be, BILLS INTRODUCED. we are of the opinion that this sacrilege of blowing the bones of these poor fellows everywhere over the bottom of the sea ought not to be Mr. LOGAN asked, and by unanimous consent obtained, leave to permitted at whatever cost. Therefore we report au amendment, introduce a bill (S. No. 1010) for the relief of Julius S. Bohrer, master without any recitals or preambles which admit anybody's title, f:iim- in the Unit.eu States Navy; which was read twice by its title, re- ply providing that t.he Secretary of the Treasury shall tender this ferred to tho Committee on Naval Affairs, and ordered to be printed. $50 and interest to the party who paid it to him, and that the Secre- .Mr. HOWE asked, and by unanimous consent obtained, leave to tary of the Navy shall protect this ship and keep it from disturb- introduce a. bill (S. No. 1011) to extend the time for the completion ance; but he is authorized in his discretion, if it can be dono in a of the Green Bay and Sturgeon Bay and Lake Michigan Ship-canal in suitabla and decent way, to let the parties who now claim it have it the State of Wisconsin, and to repeal section 5 of chapter 32 of the on terms which under his supervision will provide carefully and acts of Congress of 1866; which wa.s read twice by its title, referred effectually for rem·o ving these remains and having them properly to the Committee on Public Lands, and ordered to be printed. Jmried on land. That is the amendment which we propose. I h!tve Mr. WEST asked, and by unanimous consent obtained, leave to ~'lken the time to explain it now in the nature of a report, in order introunce a bill (S. No. 1012) for the relief of Charles Clinton, late that everybody may be notified of the gronnds we take. assistant treasurer of the United States at New Orleans, Louisiana; Mr. WEST. Why not have it considered nowf which was read twice by its title, referred to the Committee on Mr. EDMUNDS. AB it is a matter which does not involve very Finance, and ordered to be printed. great responsibility, my friend suggests that I might as well ask for Mr. DORSEY asked, and by unanimous consent obtained, leave to the present consideration of the resolution, and if there is no objec- introdnce a joint resolution (S. R. No. 21) defining the meaning and in- tion I will. Of course if anybody would rather have it lie over, I do tent of the act of June 11, 1870, entitled "An act in relation to the not ask it. . Hot Springs reservation in Arkansas;" which wat; read twice by its The PRESIDENT pro tempcwe. The joint resolution will be read, title, and ordered to lie on the table and be printed. subject to objection. Mr. WEST asked, and by nna.nimous consent obtained, leave to in- The CHIEF CLERK. The Committee on the Judiciary report to troduce a joint resolution (S. No. 2'2) allowing the Pacific .Mail Steam- strike out the preamble of the resolution and all after the en~ing ship Company to carry the mails in their new iron steamships; which clause and insert: wa.s read twice by its title, referred to the Committee on Post-Offices That the Secretary of the Treasury be, and be hereby i111, directed to return and and Post-Roads, and ordered to be printed. tender to the party ciaiming to have purchased the United States monitor Tecumseh the sum of $50, with interest at 6 per cent. added from Aul!""st 7, 1873, to the d ·without describing the nature of the entry. I think it ought to by the Supreme Court, that these were not public lands in the judi- be "all legal or regular entries," so that if neither party had any cial and legislative sense at that time, but a provision was made right, and one man entt>red under the railroad and another entered that" lien lands," as I believe they are called, should be given to the under the Secretary of the Interior, and they had conflicting claims, State of Kansas for schools to make it up. So I confess I do not see thoy should b13 lef,t ou exactly common ground. As the man under why the Indians should not have the benefit of these sections, and the railroad, it turned out, ha.d no law to support him, if the other in that case the proviso ought to he sti·icken out. man had not any law to support him, we ought to leave the first pos- The PRESIDENT p1·o tempm·e. Is there objection t The Chair sessor in possession. hears none, a ad the pro vi o will be stricken out. Mr. INGALLS. I agree to that amendment. Mr. BOOTH. I move to amend section 2 by striking out of lines 3 Mr. EDMUNDS. There is no objection to the amendment of the an- appropriation for a work located in the State of New York in any tions were non-concurred in by the Senate, while all the amendments sense local. The chairman of the committee will bear me out when inserting appropriations upon these great national works were con- I say that there was not in any version of this bill an appropriat.ion curred in by the Senate, thus placing the Senate in the position of for any stream lying within the State of New York, and in any sense having increased this appropriation bill about $900,000. The bill local. The appropriations were for improvements of arms of the sea, standing in this position was recommitted to the Committee on Ap- and of the Hudson River which for this puriltiSe I might almost propriations with instructions to re-examine t.he bill tt.nd ~·eport it ca1l an arm of the sea, and which cer·t ainly is a great national high- again, t.be Senate limiting the total aggregate of the bill to $5,000,000. way. The Committee on Appropriations have carefully gone over every Mr. EDMUNDS . . It is tide-water. item of this bill in committee, reading the report of the engineers ·Mr. CONKLING. It is part of a highway extending from the having charge of these works and making such examination in de- western extremity of the lakes to tide-water, and a river in which tail of each particular work as they could make within the two or the Senator from Vermont reminds me the tide ebbs and flows to the three days allotted to this business. They now bring this bill back head of navigation. There may have been one appropriation in the again to the Senate with amendments in exact accordance with the bill not falling strictly within the description I have given, a single instructions of the Senate providing for an aggrega,te appropriation one relating to the improvement of Harlem River so a.s to connect, of $5,000,000, not one cent more nor one cent less. . by means of the Spuyten Duyvil and t.he Harlem River, the North .Mr. EDMUNDS. Does that include the last amendment f River with Long Island Sound. I should not describe that n.s a work 1\.lr. ALLISON. That includes every amendment aml every pro- applying to au arm of the sea, because in some sense and to some ex- vision in the bill. We have carried out as faithfully as we could carry tent it was an attempt to create a channel by excavation and by other ont the instructions of the Senate in this regard. We have been com- means. Omittin~ that, unless I have forgotten some appropriation, pPlled, in thus endeavoring to carry out the instructions of the Sen- the bill containea. none for a work located in the State of New York, ate, to strike out many works of a. local charact.er, to reduce appro- except the harbors on the great lakes of Ontario nnd Erie, a.nd im- priations of a national character largely, and in many respects per- provement of the arms of the sea, and of this one great channel of haps we have done injustice to what are called the local interests in national commerce. ytarticular States; but I desire now to say that t.his bill, having thus Therefore I shall not be calle(l in the after stages of this bill to in- received the careful consideration and attention of the Committee on sist, whatever may be the line of policy adopted by the Senate, that Appropriations for the second time, if it shall be amended in any par- any local improvement shall be provided for in the bill, which im- ticular with reference to the amounts involved, in my judgment can- provement is located in the State which it is my privilege in part to not pass at the present session-- represent. I wish, however, to file this general ca·veat, that if tbe com- . Mr. ED~1UNDS. Increasing the amounts f mittee Rhall be overthrown by the Senate, so that we are to revise Mr. ALLISON. Increasing, or reducing, perhaps I might add; I, their work touching national improvements which they have dis- however, will not say that; but I mean by interfering with the ar- carded, and more especially touching local improvements, then I shall rangement. In speaking of an arrangement I do notm··an an arrange- hold myself convicted of no inconsistency, having a.g reed with the ment with reference to States, but an arrangement by which all the committee in the beginning, if I adopt what shall turn out to be various public works that are now in process of construction shall be the judgment a,nd the :wtion of the Senate as the rule to govern me continued without detriment to those works. I say if any material touching appropriations which it may be considered more especially ch:mge is made in this respect, in my judgment the bill cannot pass my business to understand and to regard. at the present. session. The PRESIDENT pro tempm·e. The question is on the motion made Therefore I submit now to the Senate the proposition that these by the Senator from Iowa, [Mr. ALLISON.] amendments shall be takon as a whole as proposed by the committee Mr. EDMfTNDS. What is that motiont and concurred in or non-concurred in by t.he Senate. The PRESIDENT pro tempore. That th(>. amendments reported by Mr. CONKLING. Mr. President, the first twenty-two lines of the .the Committee on Appropriations be agreed to in gross. bill now reported contain n,mendments striking out alt-ogether ap- Mr. EDMUNDS. Is that in orderf propriations for four works, general and national in their character, The PN.ESIDENT p1·o tempore. Not if objected to. interesting to general commerce, in respect of which I chance to Mr. CONKLING. It is only in order by nnanimous consent. lmow something, because t.hey are located in the State of New York. .Mr. EDMUNDS. I know I run some risk ct being thought captious, Tbe first of these amenclments proposes to strike out everything for but one who thinks he is doing his duty can bear that; and I may be the harbor of Dunkirk, on Lake Erie. Dunkirk is the terminus of allowed to say that that would be just like the previous question in the Erie Railway, and fiut one fact known to me diminishes the im- the House of Representatives, and by aml by, when we get to a con- portance which used to attach to the harbor of Dunkirk. In re- ference, we shall be told by the House, whose appropriations we have cent years the Erie Railroad hns built a branch to Bufl'alo; and as reduced, "You have never consiclered this thing; a. committee has that branch sends cars to the elevators in Buffalo, which as we all fixed it up; and you behave just ns we do." know are very superior elevators, where those cars can be loaded in Mr. ALLISON. I do not press the motion. bulk with corn and wheat cheaply aud with surprising quickness, Mr. CHRISTIANCY. Do I understand the Senator in charge of the many propellers running to carry ca.rgoes in bulk of wheat and corn bill to consent to take the items separately t - that formerly plied to Dunkirk go now to Buffalo. The withdrawal Mr. ALLISON. One objection compels me to that course. of a part of that single branch or item of the carrying-trade is the The PRESIDENT pro tempom The Senator from Vermont objects, only fact known to me rendering Dunkirk now less important as a and it could not be done without unanimous consent. The first harbor than Dnnkirk ever was or might have promised in the past to amendment of the Committee on Appropriations will be reported. be. Notwithstanding this diversion, Dunkirk remains a very im- The first amendment of the Committee on Appropriations was to portant harbor; and between Buffalo and Dunkirk there is no harbor strike out lines 9 and 10, in the following words : on Lnke Erie. In respect therefore of the safety of vessels, in re- For the improvement of the harbor at Dunkirk, New York, $18,000. spect of its trade, in respect of all that makes a harbor valuable and necessary, Dunkirk is an important harbor. ·The first amendment, I The amendment was agreed to. repeat, withholds from Dunkirk all appropriation whatever. It ap- The next amendment was in line 1~, to increase the appropriation propriates nothing either to continue thi work or to preserve the har- "for the improvement of the harbor at Buffalo, New York," from bor, or to shield from the action of the elements the work already $7!1,000 to $H5,000. done and incomplet.e. The amendment was agreed to. I do not state these facts, as Senators might suppose, for the pur- The next amendment was to strike out lines 15 and 16, in the fol- pose of opposing this amendment. Considering the strait of this bill, lowing wor.ds: considering the condition of the country and of the Treasury, I do For the improvement of the harbor at Olcott, New York, $6,000. · not feel warranted1 because of an amendment which I regret so much The amendment was agreed to. as this, in attemptmg to overset or aid in overthrowing the work of The next amendment was in line 18, to increase the appropriation the committee; but I call attention to it thus early for two or three "for the improvement of the h:ubor at Oak Orchard, New York," reasons, one of which will suffice. If concurring now in this amend- from $2,000 to $5,000. ment the S.e nate shall hereafter go back and refuse to concur in other The amendment was agreed to. reductions or in other instances in which appropriations are stricken The next amendment was to strike out lines 19 and 20, in the fol- out, I do not wish to be held inconsistent when I maintain, as I shall, lowing words: that if the Senate refuses to concur with the committee and beO'ins For the improvement of the harbor at Pultneyville, New York, $5,000. to add to this bill, in the case of local improvements or even of gen- The amendment was agreed to. eral improvements, this improvement is conspicuously one in which The next amendment was to strike out Jines 21 and 22, in the fol- the Senate, should it adopt that line of action, ought to revise the lowing words : recommendation of the committee. The r;ame remark I wish to make, so as not to vex the ear of the For the improvement of the harbor at Great Sodus Bay, New York, $5,000. Senate again, touching the amendment striking out everything for The amendment was agreed to. the harbor at Olcott, everything for the harbor at Pultneyville, every- The next amendment was in line 24, to increa-se the appropriation . I -- 1876. CONGRESSIONAL RECORD-SENATE. 5041 "for removing obstructions in the Eaat River and Hell Gate, New improvement of the French Broad River, and especially the improve- York," from $200,000 to $~90,000. ment of the Great Kanawha River, and the removal of snags out of The amendment was agreed to. the Little Kanawha, comparatively a very small stream. I do think The next amendment was in line 35, to reduce the appropriation that this ought not to be done. . "for the improvement of Eagle Harbor, Michigan," from $15,000 to Mr. ALLISON. I quite agree with the Senator from Ohio that more $12,000. money could be judiciously expended at the harbors of Toledo, Cleve- The amendment was agreed to. land, and Sandusky City. I perhaps might agree with him in what The next amendment was in line 38, to reduce the appropriation he says about the Kanawha, but I am not quite ready to do so. The ''for the improvement of the harbor at Marquette, Michigan," from Kanawha improvement is one that ha.s.- been sanctioned by the Sen• $5,000 to $2,000. ate. Large appropriations have hitherto been made for this improve- The amendment was agreed to. ment, and the Committee on Appropriations were only carrying out The next amendment was in line 40, to reduce the appropriation what they believed to be the judgment of the Senate in regard to "for the improvflment of the harbor at }rank:fort, Michigan," from this work. The State of Ohio is chiefly to be benefited by this Ka- $5,000 to $3,000. _ nawhement of the harbor at Pent Water, Michigan, 810,000. $.100,000, that it was an improvement national in its character and not The amendment was agreed to. - local. Therefore the committee did not feel at liberty to reduce the The next amendment waa to strike out lines 47 and 48, in the fol- Kanawh.'t appropriation more than $30,000. lowing words: Mr. CONKLING. May I make an inqniryf For the improvement of the harbor at White River, Michigan, $10,000. Mr. ALLISON. Certainly. Mr. CONKLING. Upon the theory now suggested by the Senator, The amendment was agreed to. that finding in the House bill a work for which appropriation had The next amendment was in line 56, to reduce the appropriation been made before, they did not feel at liberty to strike it out, how "for the improvement of the harbor at Menomonee, Wisconsin," from comes it that when the committee find in the House bill the harbor $10,000 to $8,000. of Dunkirk, for example, which they know to be an important har- The amendment was agreed to. bor, which baa a work incomplete and which will suffer for the lack The next amendment was in line 58, to reduce the appropriation of preservation, they not only reduce but strike out altogether an "for the improvement of the harbor at Ahnepee, Wisconsin," from improvement of that sort which in everybody's view involves in its $10,000 to $8,000. completion only a very limHed sum, comparatively, and retain an The amendment was agreed to. appropriation for a work which, 'l8 the Senator from Ohio well says, The next amendment was in line 60, to reduce t.he appropriation and we all know him to be right, involves an immense expenditure "for the improvement of the harbor at Two Rivers,Wisconsin,"from with a very doubtful result f $15,000 to $5,000. Mr. SHERMAN. I think the entire system involves from thirty- The amendment was .agreed to. five to seventy-millions of dollars. The next amendment was in line 62, to reduce the appropriation Mr. ALLISON. In answer to the statement of the Senator from "for the improvement of the Falls of Saint Anthony, Minnesota," New York, I reply simply that the harbor at Dunkirk, New York, can- from $1:l5,000 to $120,000. not be made with $18,000 as appropriated in the Honse bill. Eighteen The amendment was agreed to. thousand dollars will make no progt·ess toward the improvement of The next amendment was in line 66, to reduce the appropriation the harbor at Dunkirk. If we had felt at liberty to enlarge all the "for the improvement of the harbor at Toledo, Ohio," from $75,000 appropriations in the State of New York, as we did increase the to $60,000. appropria.t.ions at Buffalo, at Oswego, at New York City, and on the Mr. SHERMAN. I suppose it would be ineffective to ma.ke any op- Hudson River, we might have been able n.nd willing to have given the position to this amendment, but I think I must complain, not only harbor at Dunkirk such n.n appropriation 'ts would make an econom- geographically but upou the ground of merit, of harbors like Toledo ical expenditure of the public money justifiable; but because we and Cleveland being reduced insigni.fic::mtly to a sum barely sufficient could ndt increase the appropriation for the harbor at Dunkirk we tn maintain the works there where the commerce is very great, and struck it out entirely, trusting to next year for a more ample appro- while $275,000 is given for the improvement of the Kanawha River, prin.tion. The harbor at Dunkirk is in as good a condition as any a. mere branch of a branch of a branch of a branch. I do not feel dis- harbor in the United States, and is so reported by the Engineer Bu- posed myself to stand here and submit to a discrimination which I reau. think is geographical in character throughout the bill. There is the Mr. CONKLING. What about the breakwater f breakwater at ClevE'land, a work that has been undertaken by the Mr. ALLISON. The breakwater is a large improvement, as a mat- Government of the United States, which is now in progress, an im- ter of course, and it ought to be extended; but $18,000 will not ex- pediment to navigation, with a customs business of $197,000,000 at tend it. We could not increase that appropriation and do justice to that harbor. There is the harbor of Toledo which is a great entre- Buffalo, Oswego, aml Hell Gate, and at tho same time limit our total pot, the great· out-going place for all the produce of Indiana and appropriations to $51GOO,OOO. I would be exceedingly glad to stand Western Ohio. The town contains 35,000 or 40,000 inhabitants, and by the Senator from Ohio with his appropriations for the harbors on the commerce is very large ; I have not the statistics before me. The Lake Erie; but when yon put the Committee on Appropriations in a House appropriated the very lowest sum the engineers supposed they vise and said " You must bri~ this bill down to a particular sum," could get on with, a.nd it does seem to me that for the committee after we were compelled to cut ott somewhere. The Senator from Ohio appropriating for slack-water navigation on the Great Kanawha River says we did not cut off the Kanawha appropriation. If he thinks $275,000, and appropriating money for the mountain streams in some that is an unjustifiable expencliture of public mo~y, he is at liberty of the southern and western States, to refuse to make an appropri- to move to strike out that appropriation entirely. The State of Ohio ation for these great harbors is not making a bill which ought to be is more largely interested in that appropriation than any other State sustained by the Senate. It ia wrong, wrong geographically, for this in this Union, not excepting even the State of Virginia or the State reason: The Kanawha is a stream that I am somewhat familiar with; of West Virginia. It is a work especially calculated to improve and at least with its geographical position. Just on the other side of the enlarge the commercial facilities of the State of Ohio. If a Senator Ohio River, above it, is the Muskingnm River which the State of Ohio from that State comes and says that this Kanawha appropriation is has improved and spent all the money necessary to be spent on it, an absolute waste of the public money, it is time for us to consider two or three million dollars. On the opposite side of the Ohio River whether it is important or not. But making the reductions which there is another tributary of the Ohio, the Kanawha, and it is pro- we deem advisable in all these States and with reference to all these posed that we shall make slack-water navigation there and spend I appropriations we could not keep the harbor of Toledo, Ohio, at$75,- e undoubtedly the importance of that harbor demands a Ohio River, which is a thousand miles long from the city of Pitts- larger appropriation and the true interests of the Government requiTe burgh to the mouth of the Ohio. It carries tbrou~h a devious course a larger appropriation. The engineers say it will take $200,000, in a vast internal commerce, estimated at 700,000,000 per annum. The ar order. Indian Affairs to purchase supplies for the Indian Bureau in open Mr. HEWITT, of New York. I rise to a question of personal priv- market; ile~e. A bill (H. R. No. 4054) to continue the provisions of an,act entitled 'I he SPEAKER pro tempore. The gentleman willstate his question "Au act to continue the provisions of an act entitl~d 'An act to pro- of privi1ege. vide temporarily for the expenditures of the Government;"' and Mr. HEWITT, of N"w York. In a remark which I made yesterclay A bill (H. R. No. 4055) to continue tho public printing. during the speech of the chn.irman of the Committee on Nava.l Af- The message further announced that the Senate having proceeded, fairs LMr. WHITTHOIL.~] I referred to a contract made by the Navy in pursuance of the Constitution, to consider the bill entitled "An Dopartment with Messrs. Seyfert, McManus & Co., of Philadelphia, act for the relief of Nelson Tiffany," returned to the House of Repre- and I characterized that contract as improvident, wasteful, and ox- sentatives by the President of the United States with his objections, travaga.nt. I have received within a few minutes a telegram from and sent by the House of Representatives to the Senate with the Seyfert, McManus & Co. which I cloem it my duty to place before the messa~e of the President returning the same, the Senate had paa~:~ed Honse. It is as follows : the biu, two-thirds. agreeing to the same. The messa.ge further announced that the Senate was ready to pro- Our contract with Navy Department embraced considerable quantities of iron, for which we paid ten cents per pound, anll, The SPEAKER pro tempore. Does the gentleman from Missouri Lvnch, Mac.key, Maish, MacDougall, McCrary, McDill, McFarlanrl, Metcalfe, [Mr. BLAND] allow the amendments of the gentleman from Missis- Miller, Milliken, Mills, Mom·oe, Morgan, Morrison, Mutchler, Neal, New, Norton, sippi [ltfr. LYNCH] to be considered as pendingf O'Brien, O'Neill, Pa.!!e, Payne, Phelps, John F. Philips, Pierce, Piper, Plaist-ed, .Mr. BLAND. Certainly. Poppleton, Potter, Powell, Pratt, Rainey, Randall, Rea, Reagan, John R~illy, .James B. Reilly, Rice, Riddle, John Robbins, William M. Robbins, Roberts, Rob. Mr. HOLMAN. I trust the gentleman from Missouri will allow my inson, Miles Ross, Rusk, Sampson, Savage, Scales, Seelye, Singleton, Sinuickaon, amendment to be offered. Slemons, A. Herr Smith, William E. Smith, Strait, Stevenson, Stone, Toese. Terry, Mr. BLAND. I have stated that I do not yield for that amend- Thomplerintendent of the buildin~ in New York was often be· Mr. RANDALL. There wa.s an appropriation for the court-bouse hind, somettmes months and months, m his monthly reports of the and post-office at New York of a certain amount of money, and not progress of the work and of the expenditures made upon that building. only was that amount of money so appropriated expended, but the And then again the Supervising Architect found it impossible to a-a- Government was involved in an additional expenditure of the n.mount certain at any given time the exact state of the appropriation for that provided for in this bill. building. Mr. CONGER. Thn.t expenditure, then, wa-s in violn.tion of law. It also appears in the testimony that in the spring of 1875 therowas Mr. RANDALL. I know it was. an enormous pressure brought to bear upo:p the Supervising Architect Mr. CONGER. Then why say that it is a deficiency for last year f and the superintendent of the building j.n New York to press forward Mr. RANDALL. \Ve are in this condition to-day; you must either the building to an early completion, and the public necessities seemed punish innocent parties who deliver supplies to the Government in imperatively to demand that that should be done. good faith, or else yon must make this appropriation. In the first place, the Federal courts in the city of New York had I propose, so far as I can, not to do any injustice to those people for a number of years rented quarters in ChamberR street. They were who are upon the edge of bankruptcy in consequence of this delay small and inconvenient; and, .as the district attorney, Mr. Bliss, in payment; I propose to pay them, and then to look after the officers testified bofore the committee, the transaction of the business of the who have violated the law, and see if we cannot punish them. courts in those rooms was attended with great inconvenience and Mr. CONGER. Does the gentleman claim that his sympathy for oftentimes with great loss to the Government. He states that tl1e those men should lead him to make tho statement in regard to this early completion of that building so that it might be occupied by the lack of money as if it was a deficiency f Federal courts for the fall business of 1875 saved the Government in Mr. RANDALL. I do not make any statement. It was an indebt- rents not less than $60,000, and has been of immeasurable advantage edness, a deficiency in t.he amount of money not supplied by the ap- to the Government by furnishing improved facilities for the transac- propriation for that year. tion of business. The postma.ster of New York City, a gentleman Mr. CONGER. But there was no appropriation for that fiscal year whose integrity and truthfulness I believe will not be questioned in ever made. · • this House, testifies that the early removal of the New York post- Mr. RANDALL. I have great sympathy for all peoplo who in hon- office to this new building enablecl him to transact the postal business esty and in good faith have supplied this Government with materials, at an annual saving of about $50,000; that by reason of the improved and who supposed they we-re acting with men who understood the facilities for transacting the business of that office he was enabled to law, and who, as they ought to have done, copfined themselves to discharge clerks and other employ6s that would have cost from $45,- their authority conferred by law in their dealings with others; I have 000 to $50,000 annually. He further states tha,t had the Government great sympathy with them. But ·I have no sympathy with officers continued to occupy the old post-office building the fast mail would who knowiugly violated not only the spirit but the letter of the law; have been an utter impossibility: because the accommodations at that they ought to be punished. The committee who examined this sub- office would not have allowed the necessary work in order to dispatch ject very properly characterized the conduct of these officers when that mail. The Government has been saved large sums of money in they said, as they say in their report- that direction, the public service has been immeasurably improved, That it was clearly the duty of the Supervising Architect and superintendent of until now that particular branch of it is taken away by the failure of said building to have fully understood the exact condition of the appl'Opriations appropriations to sustain it. All these considerations operated upon for said 'vork, and to have seen to it that not one dollar of money was "xpended or the minds of the superintendent of the building in Ne,v York and the 1\ single obligation incurred by either of them after they might have reasonably ascertained that the money for said building was exhausted, is a clear proposition Supervising Architect in Washington to induce them to press forward about which there can be no doubt; and yonr committee are satisfied that the per- the work as rapidly as possible, so that the building might be promptly sons having in chargo sahl work have been guilty of gross negligence and careless- occupied by the Federal :10thorities. ness in the discharge of their oflici::t.l duties, if not totally reckless of the public in- It is proper also .in this connection to call attention to the fact that terest in their disregard of law ; but your committee are satisfied from all the ovi- · dence that all tbe persons holding claims against the Government embraced in t.h e if this indebtedness had not been incurred and the building finished foregoing schedulo are innocent parties, tb.1.t they acted in good faith in the prem· it could not have been occupiecl to-day. No appropriation has since ises, and that in equity they are entitlerl to have their claims paid. been made by which the building could have been completed. It is Upon that ground the Committee on Appropriations recommend further shown that all the work done, all the.material furnished, all the passage of this bilL the furniture purchased, everything on account of which this indebt- Mr. CONGER. I want to say to the gentleman that there are many edness was incurred was absolutely essential to the finishing of tb.at C3868 of this kind among the smaJler buildings all over the West and building in order that it might be occupied by the Government; that Northwest. nothing has been done beyond what the necessities of the public serv- Mr. RANDALL. I know that the violation of law extends all over ice demanded. the length and breadth of this land. I wish to sta,te further that it must be perfectly apparent to any Mr. CONGER. No; not a violation of law, butalackof appropria- man who reads the testimony that neither the superintendent in New tion. The gentleman has said repeatedly here that he could not York nor tho Supervising Architect in Wa.shin~ton ever intended or allow his sympathies to avail in such cases as those. But in the city designed to exceed the appropriations, but that m the press and hurry of New York, and I might perhaps say in the city of Philadelphia, of finishing the building the Supervising Architect was misled by the gentleman's sympathies are much more potent. the way in which the public- accounts of that appropriation were Mr. RANDALL. What do you mean f Be more definite in your kept; he was not correctly informed as to the condition of those ac- insinuations. counts. Thus the appropriation was exceeded before the officers Mr. CO~GER. I generally mean just what I say. had any idea that the limit had been reached; and when they ascer- Mr. RANDALL. lf you mean to say or to imply in the least de- tained the true state of things they were in such a position that they gree that in the direction of New York claims I have gone one hair's were either obliged to go forward and finish up what they bad com- "breadth from the line of duty, you state that which you know to be menced, or to stop and let the building in its incomplete state bo in- not founded in fact. jured by exposure to the weather to an extent beyond the sum for Mr. CONGER. I think in regard to the other buildings the gen- which this indebtedness has been incurred. tleman's duty was in the same direction. Under that state of things, I hold that while there was perhaps . Mr. RANDALL. When they come up it will be time enough to carelessness, while there may have been some degree of negligence judge in re~ard to other buildings. I have presented no deficiency on the part of these officers, there is no intentional or conscious guilt for Philadelphia at all. I have no doubt that, as I have said before, attaching to any officer of the Government in connection with the all over this land there are deficiencies incurred in utter disregard of construction or furnishing of that building. This much I have tho law in the expenditure of the public money. And we have seen deemed it proper to state, as it is fairly apparent from a. candid read- in the evidence which ha.s been presented enough to convince us that ing of the testimony. it struck at those even in high places. Mr. RANDALL. The gentleman does not deny that to exceed the - Mr. PRATT. Will the gentleman yield to me for a moment T appropriations authorized by law is an offense, a violation of law Mr. RANDALL. Certainly. which is made penal; but he makes the plea of necessity. I do not Mr. PRATT. Inasmuch as the gentleman from Pennsylvania [Mr. believe from the examination I have made that any such plea would R4NDALL] ha-s read from the report of themajorityof the Committee hold good. I believe that it was the duty both of the Supervising Ar- on Expenditures on Public Buildings certain portions characterizing chitect and of the superintendent at New York to make themselves the conduct of certain public officers, I desire to call attention to a acqua.inted with the amount of money under their control to be ex- few facts that do not appear in that report. When the present Su- pended for these purposes. pervisin~ Architect, Mr. Potter, took possession of his Office he nec- I do not intend to reflect severely upon the present Architect in essarily inherited the mode of transacting business, the manner of connection with this matter. Perhaps what the gont1eman states as keeping the accounts, and the machinery by which the business of to his endeavor to correct the abuses of his predecessor is true; but his Office was transacted. He explaineu to the committee, but no there is a remarkable fact now extant that t.his very gentleman who reference is maue in the report to that explanation, that that mode has sought to correct in many part.iculars the abuses of his predeces- of doing business, that manner of keepin~ tpe accollJ)ts, which he sor bas been invited to resign; and it would be a remarkable coinci- foun~ prevailing in the Office when he took possession of it, was not dence if his predecessor should be called upon to tako his place. reliable; that it did not inform him at all times of the true condition Mr. HALE. If the gentleman will excuse rue, I doubt whether he ~ 1876. CONGRESSIONAL RECORD-HOUSE. 5053 is borne out by the facts in the statement that the Architect has been to damages for infringement of patents and for (lther purposes was invited to resign. ordered to be engrossed and read the third time. I will state further Mr. RANDALL. I see it stated in the Republican newspaper of that I desire to discuss the motion. this morning, which is generally good authority in matters of this kind. :Mr. RICE. I raise the question of consideration upon this motion; Mr. HALE. I am sorry to say that there are now and then items of and I desire to announce that the bill upon which I wish action by news in republican papers that are not exactly correct. [Laughter.] the House at this time is the bill (H. R. No. 2830) to provide for arrears .Mr. RANDALL. What is the fact f Perhaps the gentleman will of pension on account of wounds received in the late war. This is a tell us. It may be that he makes "a distinction without a difference." matter of great importance. Has the Supervising Architect been inviteill to the Committee of Claims. . · introduced by the gentleman from Ohio [Mr. RicE] concerning ar- The motion was agreed to. rearages of pension T Mr. COCHRANE. I hope that the title of these papers will be The SPEAKER pro tempore. Certainly it will if the House choosea reported so that we may understand what they are. to do so. Mr. FOSTER. This is simply a change of reference of papers Mr. WIDTE. Then I hope it will be voted down. erroneously referred to the Committee on .Appropriations. · The question was taken; and it was decided in the negative-ye~ Mr. COCHRANE. My reason for asking that the title of the pa- 72, nays 104, not voting 109; as follows: pers ~ight be repo.rted was that some time ago a matter was referred YEAS-Messrs. Ainsworth, John H. Ba.ker,Bnckner, Horatio 0. Burchard, Cabell, to this same comnuttee and reported back for reference to the Com- William P. Caldwell, Cannon, Cason, Cato, Caulfield, Collins, Cronnse, Danford, mittee of Claims, when in my judgment the Committee on .Appropri- DarraH. Davis, Durham, Forney, Fort, Frye, Glover, Andrew H. Hamilton, Han· ations should have t~ken the responsibility of acting on the ques- cock, Hardenbergh, Harrison, Hartzell, Haymond, Henderson, Holman, Hunton, tion, as it belonged more appropriately to that committee than any Hurlbut, Ka-sson, Franklin Landers, J,awrence, LeMoyne, Levy, Lewis, Luttrell, other. Lynde, McCrary, McDill, Meade, Milliken, New, Norton, O'Neill. Payne, John F. Philipst Piper, Potter, Pratt, Randall, Rea, Reagan, Riddle, John Robbins, William The SPEAKER pro tempore. The reference has been made. M. Roboins, Sampson, A. Herr Smith, William .E. Smith, Stevenson, Stone, Teese, Terry, Throckmorton, Charles C. B. Walker, Erastus \Veils, Whiting, Willard, MESSAGE FROM THE SENATE. Charles G. Williams, James D. Williams, James Wilson, and Woodburn-7:!. A message from the Senate, by Mr. SYMPSON, one of their clerks, NAYS-Messrs. Abbott, Anderson, AtkinR, ~by, George A. Bagley, John H. Bagley,jr., Ballou, Banks, Bannin"', Beebe, Bell, Jna.ckburn, Bland, Boone, Brad- announced that the Senate had passed bills of the following titles; ford, Bright, John H. Caldwell. 5aswell, Chittenden, Cochrane, Conger, Cook, in which he was directed to ask the concurrence of the Honse: Crapo, Cutler, Davy, Dibrell, Dobbins, Dunnell, Durand, Eames, Eden, Evans, A bill (S. No. 436) for the relief of William S. Robinson, of Mal- Felton, Finley, Foster, F~ Garfielu, Gause, Gibson, Goocle, Goodin, Ben· den, Massachusetts; jam.in W. Harris, John T. Harris, Hartridge, Hays, AbramS. Hewitt\ Hooker, Hopkins, House, Hubbell, Jenks, Thomas L. Jones, Joyce, Kelley, KimbaJl, Lap- A bill (S. No. 538) to create an additional land district in the Terri- ham, Leavenworth, Lynch, ]4ackey Maish, MacDougall, McMahon, Metcalfe, tory of Idaho; Miller, Mills, Monroe, Morgan, Mutchler, Nash, Neal, O'Brien, Phelps, William A. A bill (S. No. 990) to remove the political disabilities of Reuben Phillips, Pierce, Poppleton, Rainey, John Reilly, James B. Reilly, Rice, Roberta, Davis, of Mississippi; and Robinson, Rusk, Savage, Scales, Seelye, Singlot.s. He was a man of exten- bill may be read that we may know what we are voting upon. sive reading -and remarkable memory. He seemed to be as familiar Mr. BANKS. It is not necessa:ry that the bill should be read before with the poets and the polite lit-erature of the age as most men are . deciding the question of laying aside. with the rudiments of a common education. He was a good lawyer The CHAIRMAN. The Chair iR of the opinion that if the demand and a vigorous and accurate thinker; in a word, .Mr. Speaker, he was is made by any member for the reading of the bill he has a. 1·ight to an a-ccomplishewell, Swann, Tarbox, Thomas, Martin I. Townsend, 'l'urnov, Mr. Speaker, perhaps silence would become me best in the presence of J ul.m L. Vauoo, Robert B. Vance, Wait, Waldron, Uharles C. B. Walker, Alexan- so solemn an event, for nothing we can say can at all affect the con- der S. Wallace, John W. Wallace, Walling, Ward, G. Wiley Wells Wheeler, ditio~ of the dead; but may I be permitted to say tha.t these notes of Whitehouse, Wbitthorne, Andrew Williams, William B. Williams, \Villis, Wil- shire, Alan Wood, jr., Fernando Wood1 Woodworth, and Young. warnmg as thoy fall, ever and anon, upon our ears should not pass un- heeded by us f They are the palpable eviuences of our own mortality; The committee then rose; anu the Speaker having resumed the they should remind ns that we too must sooner or later pass the por- cilail·, Mr. CLYMER reported that the Committee of the Whole on tals of the graye; that we too are pressing rapidly in the footsteps the State of the Union having found itself without a quorum he hacl of him whose memory we this day honor; and that ere the ciicle of canseu the roll to be called and reported the names of the absentees another moon, you, sir, or I, or some other member of this body may to the House. be called to pass the same solemn and dreadful ordeal through which DEATH OF RON. EDWARD Y. PAR~S. two of our brother-members have been called to pass since we aBSem- The SPEAKER pro ternpore. A quorum have answered to their Lled here. names, but the_Chair will state that the hour of four o'clock has Sir, in the presence of such realities bow empty are all earthly arrived and under the arrangement made for to-day tile time has honors, how hollow all earthly enjoyments, and how utterly insignifi- arrived for proceedings in memory of Hon. EDWARD Y. PARSONS, late cant all earthly ambitions; for, at a time when we least expect it, a. Representative from the State of Kentucky; and the gentleman the dark-winged messenger of death hovers over us, and all our from Kentucky [Mr. Boo.xE] is entitled to the floor. earthly hopes vanish as chaff before a driving wind. Truly hath it been said, "As for man, his days are as ~rass; as a flower of the field Mr. BOONE. Mr. Speaker, I arise to perform a melancholy duty: to so he fiourisheth. For the wind passeth over it and it is gone, and announce the death and pay a bumble tribnte of respect to the the place thereof shall know it no more/' memory of my late colleague, Hon. EDWARD Y. PARsoxs, who departed Although Mr. PARSONS died away from his home and among com- tl1is lifo at hls residence in this city on the 8th day of July at about parative strangers, everything that medical skill, the promptings of two o'clock p. m. Mr. PARSONS was born in Jefferson County, Ken- friendship, and the ties of a noble brotherhood could suggest were tucky, on the 12th day of December, 1842, aud was therefore in his resorted to in order to arrest the arm of death and save him from the thirty-fourth year when ha died. He was the son of Rev. C. B. Par- fa.tal blow. But, sir, the grim messenger would listen to no parley, sons, who was widely known as one of the most eloquent pulpit speak- would take no denial. The grief, the woe, the bruised heart, the ers in the West. His father having moved to the city of Louisville crushed hopes of a stricken wife, the helplessness, the innocence, the while he was yet very young, Edward at an early age entered the nnconscions ,g rief of children could not appease him. But amid t.hem public schools of that city and manifested a peculiar fondness for all the silver cord was loosed, tho golden bowl was broken, the pitcher books, and generally stood at the head of hls class. was broken at the fountain, the wheel was broken at the cistern, and He afterward entered the male high school of the city, where he the dust returned to the earth as it was; and the spirit returned prosecutf::d his studies with diligence, and at the early age of nino- nnto God who gave it. teen graduated with the highest honors. Shortly thereafter he be- Ht5 leaves beliind him a tender and affectionate wife and two small came a professor in.the school, which position he filled with great children, for whom our sympathies go out this day, and with them credit foi about .three years; d,ru-ing which time he studied law, and we mingle our tears of sorrow over the sad event which has deprived in 186-l resigned his position in order to enter tho law school of that them of a husband and father and us of a friend and brother. city, which was one of tile best in the country, having for its pro- It would be wiser and bet-ter for us all, Mr. Speaker, t.o think more fessors such men as Juugea Pirtle, Muir, and Bullock. The regular seriously than we do of the nncertainty of this life, and contemplate course in this school was of two years' duration, but the deceased more frequently the grandeur, the glory, and durability of that bet- mastered it in one year, graduating with distinction. ter and brighter existence which has been made possible to us through . He entere(l the profession a~ a prac~icing attorney in 1865, aml by the mercy of Him who ruleth· both in heaven and in .earth . h1s energy, talents, and supenor attamments soon won for himself I offer the following resolutions : honorable ilistinction at the bar and .drew around himself a large Resolved, That this Honse has heard with deep regret of the death of Hon. ED· number of admirers nnd warm personal friends;who felt proud, and WARD Y. PARSO:NS, a member of tbis House from the State of Kentucky. Resolved, That as a restimony of respect to his memory, the officers and mem· justly so, of the success of their young townsman; and permit me to bers of this House will wear the usual badge of mourning for the space of thirty say, Mr. Speaker, that it was no small matter for a young man in so days. short a time to rise to distinctioo at the Louisville bar, composed as lusolved, That a. copy of these resolutions be transmitted by the Clerk of this it wa~ then and is now of men of m.a.rked a.bility and profound legal House to the family of the deceased. Resolved, That t.he Clerk be direct-ed to communicate a copy of these proceed- learrnng. ings to the Senate; and that as a further mark of respect to the memory of tbo de- In 1874 Mr. PARSONS was elected a member o(the Fourty-fourth ceased this House do now adjourn. 5056 CONGRESSIONAL RECORD-HOUSE. AUGUST 1, Mr. JONES, of Kentucky. Mr. Speaker, the gaze of every beholder; a face as beautiful as t.he Apollo and a Pallida mors mquo pulsat pede pauperwn tabernas form that Phidias or Praxiteles would have chosen for a model. No Regumque turres. prouder step ever graced the Avenue, no manlier person ever sat in the Capitol. All t.fiis vanished and gone, aa it were, like the blaze of Death is so common in the land that we can but seldom if ever truly a meteor. Thus goes the glory of the world. apply the lesson he would teach or give a passing thought how soon Oman! · he may knock at our own door. He may in an instant blight the :Boast beauteous rosebud, wither the fairest flower of the garden, shiver the forth.. not thyself of to·morrow: for thou knowest not what a day may bring giant oak of the forest, tear away the venerable forms of our hot186- holds, snatch from our em brace the tender idols of our hearts, or strike .Mr. Speaker, when our friends die we are apt to inquire or conject- down at our very side splendid young manhood, the highest image ·of ure what were their last thoughts or expreSBions or how they received God himself, and although we feel the shock, bow our heads, and look the final message. In what manner our young brother, so full of with awe and wonder, yet soon again, 0! how soon, does the world happiness and hope, welcomed the sudden and unexpected messenger with its duties, its pleasures, and its cares absorb and lead us on in we know not. Whether he had time to cast a look behind or a look the same accustomed way! But this inevitable and dread visitor ·beyond, we know not. It is said, tJir, and it is a happy thought, that heeds not our ways nor respects our condition; in his quiver he has when man is about to be gat hered to his people or go to his fathers, an arrow for all ; he strikes the low and the high, the bad and the visions of bright scenes and glorious companies gleam before his ex- good, the poor and the rich; he calls at every habitation, from the piring gaze. Such happy close would have been in keeping with the lowly hovel in its poverty to the majestic Capitol in its grandeur, and life of our friend; and let ns think that if in that final moment he thus with impartial step and unerring aim marches on forever. In the could have reached our ears, he would have called to ns: hour of our grief and in the weakneBB of our nature, unmindful of Saw ye not now a blessed troop the divine economy; which respects neither person nor condition, we Invite me to a banquet, whose bright faces cryout1 Ot why, why could..not the great God, the Giver of life and Cast thousand b61Ull3 upon me like the sun 7 death, nave spared my loved one as a merciful exception 7 May we not trust that our loved companion so departed, was so re- Man is ever taught the truth, but heeds it not, that life is death, ceived, and is now seated in that glorious assembly in the realms of creation is dissolution, and none can tell how soon the latter may fol- bliss! low the former. How little do we remember that as we begin to live Mr. Speaker, death itseli is not without its consolations. Ec- we begin to die. In the structure and economy of life, every blow clesiastes taught that "a good name is better than precious ointment, we strike, every thought we think, is accompanied by the death and and the day of death than the day of one's birth." Lord Bacon said : disintegration of a certain amount of muscular and nervou3 tissue "Death hath this also, that it openeth the gate to good fame and ex- as its nece883ry condition, and thus every action of our corporeal life tinguisheth envy." If a man die, shall he not live again f Death is from its beginning to its close takes place at the expense of ·the vi- but the end of care, and opens the door to that better and true life tality of a certain amount of organized matter ; and yet from the where He presides who, greater than all, has pronounced the glorious beginning of the life of man to this day of how little importance to promise to man, "I am the resurrection and the life." his fellows is his death t But, Mr. Speaker, my poor words are vain. I bring no fitting eu- Epictetus, the Phrygian philosopher, went forth one day and saw logy; I claim no philosophy of life and death. I teach no moral from a woman weeping for her pitcher of earth that was broken, and he this .sad bereavement. Every heart mnst draw its own lesson, and went forth the next day and saw a woman weeping for her son that that is better felt than expressed. I only know that our valiant was dead, and when he returned to his house he exclaimed, young brother has gone frolh these Halls forever. Kentucky's bud- Heri vidi fragilem fra.ngi, hodie vidi mortalem morl. ding promise, her blushing pride under national honors has been re- turned to her in a casket for the grave. Her metropolis-the city of Yesterday a vase was broken, to-day a man dies, and one may be his home-ha-s honored him with a funeral pageant becoming a king, of as little consequence as the other. The philosopher of Uz in his and loving hands have laid him away in the lap of his mother earth. afiliction exclaimed : Mr. Speaker, Kentucky will cherish her distinguished dead, young Man that is born of a woman is of few days, and full of trouble. He cometh and old, and ever honor those who honor her. Thon~h blessed in forth like a flower, and is cut down: he fleeth also as a shadow, and continueth not. climate and soil, prolific and pre-eminent in the productions of earth Again it is said : and animal, high advanced in the improvements and embellishments Man goeth to his long home, and the mourners go about the streets. of civilized life, proud of all she possesses, yet, like the Roman moth- er, "her jewels are her sons." In coming time, when she shall build Mr. Speaker, has one from our midst been suddenly removed f Does a pantheon to her great, the marble image of this younger son may death make no impression here, although his shaft has smitten us like perhaps be seen and admired like that of the beautiful young Augus- the flash of the lightning! Is the pale monster to be regarded with tus in the Vatican. Peace, peace, to his ashes I consolation to his uo more terror than one going to sleep, the vanishing of a cloud, the friends and loved ones! gentle flowers for his tomh, and may sweet decay of a flower, the rolling up of a scroll, the folding of a tent, or memories ever linger around the name of EDWARD YOUNG PARSONS! the gentle approach of night 7 Sir, but a few days ago the stalwart and splendid form of Kentucky's 0 beate Sesti, young statesman walked and sat in this Hall almost the very perfection Vitro stunma brevis spem noa vetat inchoare longa.m. of manly vigor, grace, and elegance. Like Absalom, the praise of Mr. MAISH. Mr. Speaker, I first met Mr. PARSONS on this floor Israel, "from the sole of his foot even to the crown of his head there shortly after the commencement of the present session of Congress. was no blemish in him." Methinks I see him now, sir, as was his wont to Our acquaintance rapidly grew into a firm and cordial friendship. In approach us with that stately mein, open hand, rich voice, and frank our brief association I learned to honor him for his virtues and respect cordiality which seemed to belong t9 him alone, which indeed digni- him for his talents. fied his race, and presented in himself a brilliant type of the young Nature had endowed him with superior mental faculties, which had manhood, courage, and gallantry of the noble State he represented. been carefully cultivated in youth, and he preserved in manhood the His morning salutation was to me, sir, a pleasure for the day. Others tastes he then acquired. He was a man of genuine culture. Familiar may not, but I do miss him. with the best product,ionR. of the ancients, he loved to recall and dwell How sudden, Mr. Speaker, was his taking offf When the news upon their beautielil. He was especially fond of the German, and had came and rang through this House we could not have been more ap- read the master-pieces of that language. With the literature of his palled if a bolt from heaven at noon-day with the sun in his glory own language his acquaintance was extensive and intimate. It was had rent asunder the dome of the Capitol. When but an hour after apparent to those who knew him that he had read much and remem · I entered his chamber and laid my hand upon that majestic brow, bered what he had read. pulseless and cold as marble, how truly was it manifest "In the Furthermore, he possessed a voice remarkable for its depth and com- midst of life we are in death." pass, improved by all the graces of elocution. Thus qualified, he had Mr. Speaker, what a transition! Think of it. At twelve o'clock, before him a future full of hope and promise. high noon, this man stood in noble stature and perfect health with He died a little over thirty-four years of age; and yet I venture to every apparent promise of length of days and increasing honors, and say that "in all the points in which personal merit ca,n be viewed; in at twelve o'clock at night he was dead, his body embalmed and on science, in erudition, in taste, in honor, in generosity, in humanity, its way with congressional escort to his home for burial. Thus was in every liberal sentiment, and every liberal accomplishment," he oar young brother stricken down and spirited away. Death indeed had few superiors in this body. found in him "a shining mark." He was naturally of a retiring disposition, and seldom participated How vain and transitory is life in its highest aspect; how futile man's in the debates of this Chamber. Indeed he did so only when im- ambition; how apparently worthless all his labors; how his brightest pelled by the interests of his constituency or his immediate duties as hopes are snddenlyblasted! Here was high intellectual endowment, a member. In this, as in other delibera.tive bodies, the position a cultivated in the best schools of learning, chastened and accomplished member occupies in public estimation is not always the true measure- by classical lore from the ~reat old masters, whom he loved to repeat of his worth or abilities. If he is not fortunate in bein~ allott.ed to and praise. Here was solid learning in jurisprudence and eminence prominent committees, he must make his reputation witnout the ad- already in professional reputation and honors. Here was political ventitious aids they afford. The committee on which 1\fr. PARSONS ability of rare merit,.just developing into large and comprehensive served did not invite newspaper reporters into its quiet ret.reat, nor st.1.tesmanship. Here was pure charact-er, admired and loved from did its labors receive much of the attention of the House nor the birth to death. Here, too, if indeed it become eulogy, was a com- public, notwithstanding the duties of the members were urduous, bination of personal lineaments with a grand outline that attracted important, and frequently involved much research and learning. 1876. CONGRESSIONAL RECORD-HOUSE. 5057 Mr. PARSONS, in this capacity, prepared a number of report!!!. They of his nature. I knew him as one of the leading lawyers of his native give evidence of a high order of ability, and show, too, how faith- State of Kentucky, and of its largest commercial city of Louisville, fully and conscientiously be performed his quiet official duties. Don bt- distinguished for bis learning, for his P.loquence, and ability. less be longed sometimes to enter the Usts in the intellectual combats As one of the committee of this House which accompanied bis here witnessed. His young ambition no doubt aspired to court the remains to their last resting-place in tbe beautiful city of Louisville, applause that the public arena of the House afforded. His unobtru- which constituted a part of his district, I had opportunities to know sive nature made him a cheerful observer of the triumphs of others. that he shared the entire confidence and respect of the people whom He was a m:tn of warm impulses. His cordial manners and tender he so ably and faithfully represented, and the sincerity of their sor- emotions constituted the most beautiful trait-s of bis character. Envy row at the loss they and the public sustained in his uecease. Not founu no pln.ce in his bosom. He had a word of good cheer for all, Kentucky alone but the whole public indeed may well feel this be- and, ns I often observed, was among the first to lend the assuring reavement. band and offer the encouraging word to his fellow-members. For wise purposes it has been ordained by nature and nature's Those of us who sat nearest to him will not soon forget his accus- God that men shall be and are endowed with an infinite varietv in tomed kindly greetings, his buoyant spirits, and harmless pleasan- their tastes and capa-cities. The diversified wants of society mako tries. No longer will we see his manly presence; that fine, honest this a necessity. Poets and painters, and orators and statesmen, and face, nor hear that ueep-toned voice of EDWARD Y. PARS0:8S. scientists and writers of varied sty leR and orders are in some sense In the turmoil of business here, amid party strife and passion, the "born, not made." There is no superabundance of the most useful and nobler ' qualities of our associates are too often overlooked. When highest order of talent. In this we-find the "concord of a. general dea1,b invades our Chamber our minds are brought to serious medita- plan." tion. Tht~n only do we fully realize the inner virtues of those whose It was to this high orderoftalentthat EDWARD Y. PARSONS belonged. death arrests onr deliberations. He was an orator by nature, and culture bad largely enriched the In EDWARD Y.PARSONS Kentuckyh::~.~ lost au honest, aMe, andfaitb- gifts which nature bestowed. His powers in this respect were so ful Representative and this House a valuable and efficient member. highly appreciated by those who knew-him best that at an early age, In conclusion, permit me to say, Mr. Speaker, that few members while a tutor in the male high school of the cit.y of Louisville, the have been removed by death from a seat in this House who will bo board of school trustees instituted a chair of elocution and a,s signed more kindly remembered or sincerely regretted than our departed him to its important duties. This at so early au age, was no small brother. honor in a city distinguished for the talent of it.s citizens and its patronage of the higher branches of education. - Mr. LAWRENCE. Mr. Speaker, the demise of a citizen of the United It is not very usual for a member of Congress during his first session States while holding the position of a Representative in ConS'ress can to speak very frequently. Mr. PARSONS, though a new member, was rarely ever fail to furnish some food for reflection. The loss of a by no means silent. He spoke when the interests of his constituents member who has rendered long and useful service may natnrally or the occasion required, and when he did so he spoke to the purpose attract the widest attention. But the loss of one whose talents, edu- ably and well. Tbe State of Kentucky in common with others is deeply cation, and real merits have won the confidence of a constituency a.t interested in the consf,ruction of the Texas and Pacific Railroad. On an early age, whose career in Congress bas been brilliant n.nd useful, the 14th of June l1r. PARS0:8S adclressed the House in support of a though comparatively brief, may be really greater than tha-t of one uill proposing to aid the construction of this road. He argued with whose "course is run." It is appointed unto all men once to die. He marked ability the question of tho constitutiona.l power of Congress who has lived out his allotted time, who has finished his work, dies and to pass the l.Jill and the expediency of the measure. As a specimen of disappoints no hopes. A life of usefulness fini8hcd finds its reward. the patriotic sentiment which pervaded the entire speech I may quote Its purpose io complete. Its termination may indeed bring the pangs a single paragraph, in which he said: of sadness nod sorrow. But ~:~adder stili it is when in the proviuence If there be any sincerity in the oft-repeated asseverations made upon thiR floor of God we are called to mourn the loss of one whose life in many during the present so~sion of Congress that the disposition of the people is to for- respects has already accomplished much, but promising still more and get past di1ferences and in the practices of Viendship and patriotism to perfect the · ff · 1 h d d · th ·a t f •t f 1 more, IS cut o lll ear Yman oo an Ill · e D11 s o I s use u oess. Union of the States, anti.!£ it be true that a ~eneral amnesty is desired. it ma:v be said that in the construction of this road a.'! proposed an important step 1oill be In proportion as the inclination and capacity of a citizen and his tak - ~in thll di·rection of the consummation wished. The North, the East. t.he West, opportunities for usefulness are great, to that ext.ent will his loss be and the South will join not ouly in tho profitable embraceof commerce, but in that largely felt. There is perhaps no country in the world where so intercourse which, fa.miliarizing each with all, strrn~thens the bond which now many opportunities for usefulness are open for a citizen to accomplish unites them and verifies the assertion of peace and good-will. From the Atlantic to the Pacific and from the Gulf to the lakes the effects of this great hi!!hwav will · good among men as in this, the American Republic. Here is a land befeltand itsadvantagesrealizcd. No betterperiodcanbeimarrined.thanthe,iresen.t whose resources equal if they do not excel any other, and to a very for the encouragP-ment of sentiments of union and no more jilting monu?Mnt can be large extent they await the hand of development and even of dis- erected to mark the oompletercconc:iliationofthe sections. . covery. Here is a Government" of the people, by the people, and And as a specimen of that eloquence which seemed to flow with for the people." easy grace and elegant force from his lips, I may quot.e another par- Here is a Republic which invites to participation in its affairs the agraph, in which he saiu: talents and usefulness of every citizen whom the people may select Theancientcitiesoftheworldhavebeencelobratedfortbeirartsandtheirarm>J. to represent them or who may be selected in pursuance of law. This The fame of their sculpture and their architecture has reached even unto us. Their combination of material resources aud political advantages, offering conquests weregloriona, thescholarscnlturcd, theirpoet.s and orators, who are with so many inducements to industrv, repaving it with rewards 80 diver- us to-day, incomparable, and on the pages of history their works are eml1lazoned. . ·.J "· They havo erected monuments to the energy, industry, grace, love, valor, ancl en- sitied and so liberal, offering to talent so many and so inviting fields terprise of their respective cities. - for usefulnes.~, finds here an immense population grown and growing Indebted, as we arc, to their brilliant examples in literaturo and sci('nce for what. with unequaled rapidity. A century of national existence "looks ever of excellence we may ha.vo attained, wo feel constrainell to .,a,y that moro en- down upon us" with its lessons of experience from which all are durin;r monuments than works of• nrt, statllary. grouping, anti painting remain for us to contemplate. The Appian Way will be remembered when tho name of Cato ready and willing to profit, and in this morning of a second centen- is thought of only by the scholar, and the great roads of nome will prove more nial a united people are resolved that henceforth we shall continue la-sting reminders of the success of her arts than the conquest of Gaul or the fame one and indivisible. of Cresar. , It is at such a time as this, so full of instructions from the past, of Splendid as were their achievements in arms, material improvements in the teni- tory of conquests are better remembered than the battles of warriors, and cause- promise 11nd of hope for the future, ann in a country like this, de- ways and roa.ds are tlleendurin!! monuments to glory Facilitatin~r eommorce, they man tle the unpaid accounts ment was concurred in. ) of the said Senator at the rat$ provided by the laws enstm~ at the trme, (the same The bill was ordered to be engrossed for a third reading, and was to be certified by the President of the Senate,) and to be pa1d to the heirs of said read the third time. S;;nator, or to their legal representatives, out of the contingent fund of th.e Sena.t-e. Mr. SAULSBURY. This becomes a precede.p.t, and if it be set The repo~p ~~s ordered to be printed. here~ we shall have applications for the extension of patents and for 1876. CONGRESSIONAL RECORD-SENATE. 5061 the privilege of applying for the extensions of patents. I cannot vote folk navy-yard in the year 1860, was resumed as in Committee of the for this !Jill. I believe it entirely wrong to pass bills for the exten- Whole. sion of patents, as a general rule. I do not s:1y there are not excep- Mr. BOUTWELL. Is this a bill which bas once before been con- tions; but here is a patent that has expir~d year~:~ ago; the party has sidered f not been deriving any benefit from his patent aud has acquiesced in Mr. WITHERS. It is a bill to which the Senator object-ed pre- its expiration, and now the proposition is, after the expiration of the viously. patent, to extend it. It is a very bad practice. I hope the Senate Mr. BOUTWELL. Was the bill under discussion at that time! will not pru;s the bill. .1\fr. SHERMAN. Let the report be read. The PRESIDENT pro tempore. The question is on the pa.ssage of The Secretary proceedeu to read the report of the House Commit- the bill. tee, but before concluding he was interrupted by Mr. SAULSBURY called for the yeas and nays, and they were or- The PRESIDENT pro tempore. The morning hour has expired. dered. Mr. WITHERS. I hope we shall be allowed to complete this bill. Mr. ANTHONY. How long is it since the patent expired f I did It bas passed the House twice and been reported favorably by two not understand as to that. committees of this Senate. The Departrr.ent say the money is due Mr. MORTON. The best statement will be to read tht} report. It and has never been paid. is very brief, and shows this to be a very meritorious rase. Mr. ALLISON. I am told this proposition may give rise to debate. Mr. ANTHONY. I understood that this had expired some years Mr. LOGAN. I move tha,t the Senate go into executive session. ago. ·There is one thing to be taken into consideration in that con- It is very important to have a short execnt.i ve session. It will not nection. The bill saves from reclamations all persons who have used take ten minutes. It is_ on a very important matter, and I hope the the patent after the time that it expired. Bnt suppose a man has s~nate will have a short executive session. invested capital, has erected works for the manufactur~ of this arti- Mr. ALLISON. I ask that the regular order be taken up first. cle, what is to become of his investment f I do not know that it is so M.r. SHERMAN. The river and harbor bill is before the Senate. in this ease; I ask for information ; but I can perceive that there RIVER ilTJ> HARBOR BILL. might be great injustice in renewing a patent that had expired years ago, and which, being open to the whole public, the manufa~ture of The PRESIDENT pro tempo1·e. The unfinished business is the bill the article had been undertaken all over the country. (H. R. No. 3022) making appropriations for the construction, repair, Mr. MORTO'Y. In answer to the question of the Senator from preservation, and completion of certain public works on rivers and Rhode Island I ask to have the report read. harbors, and for other purposes. The Secretary read the following report, submitted by Mr. WAD- EXECUTIVE SESSION. LEIGH, from the Committee on Patents, on the 28th of July: Mr. LOGAN. I move that the Senate proceed to the consideration The Committee on Patents, to whom was referred Senate bill No. 917, having had of executive business. . tho same onder consideration, are of opinion it ought to pass, and submit tho follow. The motion was agreed to; and the Senate proceeded to the consid- ing reasons : eration of executive business. Aft-er six minutes spent in executive First. This invention is a combined rubber anti steel spiral sprin$ of' special value as a car.sprmg It has gone into general use, and is now phlcea upon some session the doors were re-opened. fift:v thousand cars, at a. saving to the railroad public of L,500,000, and neither the RIV""ER Al-i"'D HARBOR BILL. inventor nor his assignee has realized one dollar profit from the invention, and it appears to be no fault of theirs t.hat they did not realize. The :!)en ate, as in Committee of the Whole, resumed the consider- Second. Theoriginalletters·ratent, issu&l tho 2!lth of November, 1853, were de- ation of the bill (H. R. No. 3022) making appropriations for the con- fective, giving no protection to the owner. Bussell asked the Patent Ollice to give strucr.ion, repair, preserva.tion, and completion of certain public works hlm a broad claim, covering his invention; but the then Commissionerrequi!Jed him to accept a restricted claim, which suhortliliated hi:s pat.ent to one of prior date, on rivers and harbors, and for other purposes, the pending question issued to one Fowler M. Ray. Although Bussell used due diligence, for almost being on the amendment reported by the Committee on Appropriations the whole life-time of his said patent, t.orntroduoe his invention, be was everywhere .to insert as lines 73 and 74: . met by the owners of the Ray patent, who succeeded in driving capital away from him, and prevented him from making one dollar ont of Iris in'"ention. For repair of cast pier at Cleveland, Ohio, $8,000. Third. Btl880ll's repeated failures lost him many hundred dollars, besides much Mr. SHERMAN. Inordertoavoid thecriticismor controversy about valu:1.ble time, antl after the Ray patent lmd expired he a-ccepted au offer of $500 for this, I submit the following amendment to the amendment of the com- the nine months' remnant of the life of his patent and one extension. His assignee obtained the extension in 1867, with the defects of the old patent perpetuated. mittee. Add thereto: When they began to make and sell this sprin.., infringers saw tho defects in the And the Secretary of War is hereby authorized to ag-ree with the Pittsburgh and patent, and began a systematic piracy of Bussell's invention. His Msignoe surren- Cleveland Railroad Company for the free occupancy and use by it of said pier, upon dell'ed the old letters. patent and asked for a re-is30()l correcting its faults. The Pat- such terms and conditions as he deems reasonable and just. ent Office granted tho re.issue in l t>70, and reversea the former action of tho Office, giving a protective claim for the first time, 110t to Bussell, bnt to his assignee, The letter from the Chief of Engineers read _yesterday to the Sen- which did not inure a dollar to Bussell's benefit. ate shows distinctly that this pier ought to be repaired. He states: Fourt·h. Bussell's assi,guee then entered a. long and expensive litigation auainst That the conuition of the inner end of the east pier of Cleveland Harbor is such infringers of thi:~ l'atent, in the United States court for thesonthcrn district of New as to require Immediate repair to pro;ent ita destruction and material injury to the York, and obtained a verdict which fully sustained the ori~inality and distinctive harbor of Cleveland, and thP.t the needed repairs may cost some $t!,OOO. Jharacter of Bussell's invention, sustained the claims in the re-issue of J870, and 3njoined infrin~ers thereafter. This verdict did not come uubl1874, when there The map shows that this breach is in the inner face of the east pier, was but throe months left of the extended term of this patent. Bussell's assignee, and every man of ordinary intelligence will know that if that pter therefore, held a. monopoly of his invention for three months only. once breaks .away, with the bank that is on the outer side of it sifting Fifth. The inventor never enjoyoo any monopoly of Iris said invention, bot lost money and time because of it. His assignee only bad three months of monopoly, in, the harbor would at once fill it up probably in a single day; a sin- and expended all his profits in suits aO'ainst infrinl!ers. gle freshet, a single storm might caUBe injury to the extent of twenty For these reasons we recommend tho passage of this bill for the sole benefit of times the cost of repairing the pier. Ther·e is no question about the the inventor. . necessity of its being repaired, and the Chjef of Engineers says that The question· being taken by yeas and nays, resulted-yeas 15, nays necessity is apparent. But-and I learn this partly from information 24; as follows: obtained since we adjourned laat evening-there bas been a contro- YEAS-Messrs. Allison, Bruce, Cameron of Wisconsin, Chiistiancy, Cmgin, Dor. versy between an officer of engineers and an officer d the railroad sey, Hitchcock, Kernan. Key, Morton. Paddock, Spencer, Wailleigh, West, and Win· company as to who should do certa,in work in connection with this dom-15. business. It is perfectly manifest that the Government of the United NA YS-Mossrs. Anthony, Bont,vell Cameron of Pt\nnsylva.nia, Cookrell, Eaton, Edmunds, Gordon, Hamilton. Harvey, Ingalls, Kelly, McCreery, McMillan, Maxey, States ought to repair this pier, that it ought to do the work because Merrimon, .Mitchell, Morrill, Randolph, Sargent, Saulsbury, Sherman, Wallace, no other authority can go on there and to a certain extent impede the Withers, and Wright-24. navigation of that harbor, except the Government of the United States. ABSENT-Messre. Alcorn, Barnum, Bayard, Bogy, Booth, Burnsid(), Clayton, We would not a,llow any railroad company on any pretense whatever Conkling, Conover, Cooper, Davis, Dawes; Dennis, Ferry, Frelingbuysen, Gold. thwaite, .Hamlin, Howe Johnston, Jones ot Florida, Jones of Nevada., Logan. Me- to undertake to repair or rebuild one of our piers. It will be neces- Donald, Norwood, Oglesby, Patterson, Ransom, Robertson. Sharon, Stevenson, Thor- sary in order to repair the pier to make a coffer-dam, and we would man, and Whyte-32. · not allow workmen unskilled and unprepared for that kind of work So tho bill was rejected. to enter on that harbor and repair the pier. It ought to be done by MI·. ED.MUNDS. I wish to enter a motion to reconsider the vote the United States. . just taken. I voted against the bill becn.use I thought it needed an But a question is made.by the Engineer Dep:utment that this bas important amendment to secure existing rights, and therefore I enter been partly caused, not entirely, by the filling in of the land accord- the motion to reconsider. ing to the riparian rights of the Cleveland and Pittsburgh Railroad The PRESIDENT pta tempore. The motion will be entered. on the outer side of the pier. That may be so; and if so the .railroad MESSAGE FROM THE HOUSE. company ought to pay some portion of this expense in the nature of A message from the House of Representatives, by Mr. G. M. ADAMs, damages. If they have caused this breach, they ought to be com- its Clerk, announced that the Hoose had passed a bill (H. R. No. 2692) pelled to pay for it. There is no controversy as to the right of title. to relinquish the title of tho Unitell Sr.ates to certain property in the The railroad company own their land, as I understand. The pier, I city and county of San Francisco, California; in which it requested take it, as a matter of course was built by the United States after the concurrence of the Senate. gaining a proper title on which to build a public work. Mr. EDMUNDS. How did it gain the title f PETERS AND REED. Mr. SHERMAN. I do not know; I am not prepared to say; bnt I Mr. WITHERS. I move to take up House bill No. 2287. take it as a matter of course that the United States took care to gain The motion was agreed to; and the consideration of the bill (H. R. title to· the grouud occupied by its piers. No. 2287) for tl;le relief of Peters and Reed, naval contractors a.t Nor- Mr. ALLISON. It is a very old work. 5062 CONGRESSIONAL RECORD-SENATE. AUGUST 2, Mr. SHERMAN. It has been occupied there perbaps longer than tually ejected the Government from the pier itself. Now, if tberail- I have lived. Under these circumstances, it is clear, first, that this roadcompanywantsdocking privileges, wharting privileges there, Iuo work must be done; second, that it is right that. tbe War Department not see any sort of objection to letting it have them, to lett.ing it or board of engineers should do it, because nobody else ought to be mail1tain the work so as to make the harbor good. But tho railroad allowed to enter on that shallow harbor and repa.ir the pier; and in company has no right to ask the Government to maintain a brea.k- the next place it seems to be right that the controversy between the watel' there and give them the use of it for a dock. That cannot bo United States and the railroad company should be settled, and if done. possible settled by agreement. The United States ought at once to .Mr. SHER~1AN. But would you in the mean time until that con- a.asert its power or appeal to its courts. Thus, in any event this troversy was settled suspend and allow this breach to go on and fill amendment ought to be adopted; the pier ought to be repaired by up that harbor in the event of a sudden storm f the Government of the United States, and then if the railroad com- .Mr. HOWE. If the railroad company is responsible and is fit to pany are tresp~sing on our rights we ought at once to ~sert those become the lessee-- rights against the railroad. I have no sympathy with them in such Mr. SHERMAN. The railroad company is not responsible enough a contest; bnt at the same time because two men, one an officer of to repair the damage that might be done. the railroad company and another an officer of engineers, quarrel Mr. HOWE. Is not equal to $8,000 f about who should do a particular work, I do not want the commerce Mr. SHERMAN. Suppose they will not expend the $1:!,000, why of that port to be arrested and all the people interested in that com- not make them do so f merce injured. Mr. HOWE. Do you propose to lease this property to an irrespon- Mr. HOWE. I should like to hear the amendment. sible company not good for 8,000 on any terms f Mr. SHERMAN. The amendment is copied from the language of Mr. SHERMAN. I propose to do this work by tbe Government, the Secretary of War. Let the amendment I have offered be read. and let the railroad company have the use of it on terms fixed by the The Chief Clerk read Mr. SHERMAN's amendment to the amend- Secretary of War. ment. Mr. HOWE. The Senator's amendment is that the Government Mr. SHERMAN. Here is what the Chief of Engineers says: shall do this work,. and not the railroad company. "The free occu- It is further submitted whether tho circumstances would not justify the grant. pancy" of it is given to the company. That is what the amendment is. ing of authority to tho Secretary of War to yield the free occupancy and use to the Mr. SHER~1AN. The free occupancy upon such terms as the Sec- PW aburgh and Cleveland Railroad Company of such portion of the east pier as he retary of War may think reasonable, and I have followed his languago. might deem advisable upon the condition t.hat the company immediately repair the pier and keep it in repair in future, the United States reserving a right of way over Mr. HOWE. What terms can the Secretary of War make with a 1t at all timea. · company which is not responsible for .$8,000 f I have adopted the plan of leaving the terms entlrely open to the Mr. SHERMAN. I did not say the company was not responsible. Secretary of War, instead of requiring and authorizing the railroad What I said was that the railroad company was not responsible company to enter upon the pier and repair it. for all the dama~es that mi~ht result from an open breach of the Mr. HOWE. But your statute, it seems to me, will settle the terms. pier and the filling np of the harbor at the mouth of the river The" free occupancy" must be the occupancy of the pier without Cuyahoga. It would amount to hundreds of millions. It would stop any restriction and without any price. the entire commerce of that whole region for a greater or less length Mr. SHERMAN. No; npon such terms and conditions as t.he Sec- of time. The Cleveland and Pittsbu~gh Railroad Company, as I retary of War may think reasonable. However, I am willing that know and perhaps the Senator knows, IS a powerful corporation and the Senator shall draw the amendment in his own language. I have amply sufficient to pay half a million of dollars. no care about the Pittsburgh and Cleveland R!!ilroad Company. If Mr. HOWE. So I understand it, and now I submit to the candor they trespassnpon the rights of the United States, I willjoin the Sena- of the Senator if that company has helped to destroy this pier, that tor in asserting those rights. is one reason why the company should help at least to restore it. Mr. HOWE. I want the Senate, the Legislature, to assert them. Mr. HOWE. And if the company wants it hereafter, that is only Mr. SHERMAN. I agree with the Senator there. a reason why the company should restore it; bnt if they can have Mr. HOWE. It looked to me, as I listened. to the case yesterday, the use of it, it is a perfect reason why the Government should. allow as if a railroad company had turned one of your breakwaters into a them to do it. Why not say-- dock, taken possession of it, used it for a dock for forwarding pur- Mr. THURMAN. I should like to know what has become of the poses, and had actually ejected. the Government from it. five-minute rule f Mr. SHERMAN. This is on the outside of the east pier, the land Mr. SHERMAN. Will not the Senator from Wisconsin suggest an side of the east pier. Owning the land there, the company have amendment to the proposition f .. filled in until they have extended beyond. Mr. HOWE. I have spoken a dozen times under the five-minute Mr. HOWE. The pier has a certain depth. That is what the Gov- rule. ernment built on and what the Government occupies. The PRESIDING OF!!"ICER, (Mr. INGALLS in the chair.) The Mr. SHERMAN. I understand the railroad company does not use Chair is informed that the debate has been proceeding by unanimous that at all. consent. The present occupant, having just come to the chair, was Mr. HOWE. I should infer from what the engineer says that the not aware until this moment that the five-minute rule had been railroad does use it. . adopted on this bill. Mr. SHERMAN. I will read what the engineer says. He does say Mr. SAR.GENT. I object to debate beyond the time allowed. they have occupied it, but they do not put their railroad tra-ck on it. Mr. THURMAN. I have a worcl to say on this and I will confine Mr. HOWE. I do not know where the track runs. myself within my five minutes. Mr. SHERMAN. He says it is- Mr. HOWE. ·w hat has become of the five-minute role f Occupied by certain railroad companies for their own especial usa and benefit, Mr. CONKLING. And the rule that no Senator shall speak but and has been retained in their possession to the present day, they having refusey- this amendment, or with any amendment except merely to go on and General, it shall be the duty of the latter officer to enforce the rights of the United States in the promises by appropriate action. spend the money, is that we have no authority to make it; that the State of Ohio bas a right to control the pier and to grant to anyboily The PRESIDING OFFICER. The amendment just read is not now she likes the right to use it, because our building a pier upon her in order, bein9 .~the tbird degree. land gives us no right; her dominion is over it exclusive and conclu- Mr. SHERl\l.Al'l. I will accept it. sive. If, on the other band, the State of Ohio has made a grant of The PRESIDING OFFICER. The Senator from Ohio accepts the this kinu, this matter of couTse is relieved of all difficnlty of that amendment suggested by the Senator from California. cba.racter. But it appears that somehow or in some way in the yea.r Mr. EDMUNDS. Let it all be read. 1853 the Cleveland and Pittsburgh Railroad Company (undoubtedly The Chief Clerk read as follows: chartered by the State of Ohio, because otherwise it would have had And the Secretary of War is hereby authorized to agree with the Pittsbur~b and no franchise to carry freights I suppose, certainly not until it reached Cleveland Railroad Company for such use and occupancy of said pier as 1s con- the border of the State of Pennsylvania) had a franchise to build a sistent with public interests, upon such terms and conditions as he deems rea.'!on- railroau to this point on Lake Erie. able and just; and in case said railroad company shall neglect or refuse to make an agreement satisfactory to the Secretary of War, upon a certificate of that fact The PRESIDING OFFICER. The Senator's time baa expired. to the .Attorney-General, it shall be the duty of the latter officer to enforce the Mr. EDMUNDS. I ask unanimous consent to go on for a minute. rights of the United States in the premises by appropriate action. The PRESIDING OFFICER. Is there objection T The Chair hears Mr. EDMUNDS. The Senator from New York bas expressed so none and the Senator will proceed for five minutes. much better than I could my views on the main part of this case that :Mr. EDMUNDS. I shall be as brief as possible. I will confine myself to another "topic. The thing that troubles me is Mr. THURMAN. I think it all comes to thfl same thing, but when. the defect of information as t.o where is the right as between the we have a five-minute rule the best way would be for the Senator to United States and the State af Ohio, to begin with, and the people make a motion, which will give him as much time as he chooses to who are exercising that franchise under a grant from her. I under- occupy. stand the law to be perfectly well sett,led over and over again, so that Mr. EDMUNDS. I will make a motion. I move to recommit the it is 110 lon~er a question ffJr debate, that the soil under the waters bill to the committee. I hope no Senat.ors will suppose I am trying of Lake Erie at t.h at p1ace when t.his pier was built, some time before to weary out their time, but I think while we are on this general topic the year 1853, belonged to the State of Ohio, and that the United we might as well talk it out and be done with it. 5064 CONGRESSIONAL RECORD-SENATE. AUGUST 2, The PRESIDING OFFICER. The Senator from Vermont moves to :By the preceding course of reasoning we have arrived at t.bese l!eneral concJn. recommit the bill to the Committee on Appropriations. sions: Fil'st. The shores of navigable waters, and the. oils unutw them, wer"' 110t granted by the Constitution to the United Statt·fl, but wm·e. reRerved to ~,he tatcs Mr. EDMUNDS. I think I have only a few words t.o say. rt>speotively. St>condly. The new States have the same nght.s. sove1e1gnty, and The War Department report to ns thn.t in the year 1853 the pier jurisdiction over t.bi!l sub,1ect as tho ori¢-nal States. {L5 Curth>'s Decisions uf the was taken possession of and occupied, not built alongside of but Supreme CoUrt of the United States, page 403.) taken possession of and occupied, by certain railway companies for So that, Mr. PTesident, it appears to me that until we know that their own especial use and benefit, and has been retained in their the Stat.e of Ohio has gmnted jUlisdiction over tbis old pier, now for possession to the present day. Therefore, you have the official io~or­ twenty-three years the pier of a ra-ilway company in fact, nntl iu its mn.tion that for the period of twenty-three years, long enough to give exclusive occupa:scy an<.l possession, we ought not to be called npon a title under the statute of limit.at.ions as between private persons, to appropriate ttny money for it or to enter into :my agreement with this very property, now said to be t~e property of the United Sta!es, tho part.ies in possession, because an agreemeut in the absence of a has been held in the adverse possessiOn of a railroad company, clmm- stn.1mte mnkin~ a. grant is a s has been expe~ded upon it for repair.. ~he case, decided as far back as 1852, of Veazie vs. Moor, to be founcl in subject was submitted to the attent10n of Congress m the report of the Chief of Engineers, January 26, 1867- i4 Howard. The facts in this case were that the State of Maine Nine years ago- granted to certain persons th" exclusive right to navigate t.be river Penobscot above its falls. Between the city of Bangor and Old. Town, but no remedy has been provided. a dist:1.nce of eight miles, the Penobscot passes over a fall, is crossed Mr. CONKLING. That is a special report. I will hand to the Sen- by four dam~:~, but there is a railroad from Bangor to the steamboat ator the report of 1867, containing six or eight lines on this point. landing at Old Town. On the 30th day of July, 1846, the Legislature Mr. SHERMAN. That was not a report made to Congress. of Maine granted to Moor and his associates the authority to improve Mr. EDMUNDS. That depends upon the question whether Congress the navigation of the Penobscot River above Old Town, and for that baa got any right to interfere. That. is. the very question I should purpose they were authorized to deepen the channel, to cut down and like to be informed about, because it appears clear to me that we remove any gravel or ledge, bars and rocks, &c., and made all the have no right to interfere unless the State of Ohio has granted to us provisions fpr it. It then g~ve them ns a consideration for tlJat the the land on which this pier stands and the jurisdiction Qver it. exclusive right of navigation for t.be period, I believe, of twent.y Mr. SHERMAN. I think, and my colleague concurs in the opinion, yem'S. As it was navigable for steamboats for I do not know how that the State of Ohio baa passed a general law giving the jtuisdic- far-I do not see the Senator from Maine, who can tell me-another tion of the United States in proper form in all cases of public build- steamboat man built a steamboat and ran an opposition line from Old ings, piers, &c. I have sent for the statute. Town up to the head of the upper navigation of the river. A suit Mr. ED .MUNDS. I was going to say that it is only a minute to the was brought to prevent his doing it, and he defended on the ground place where the statute is, and we can see it. If we find such a that the State' of Maine had undertaken to regulate commerce, as the statute of Ohio, of conrse we shall be relieved of this difficulty; but State of New York did on the Hudson in the Fulton and Livingston while this difficulty exists it seems to me totally impo~:~sible to agree steamboat cases, and therefore this act of the State of Maine was to the amendment of the Senator from Ohio, because it is only put- void and he had a right under the Constitution of the United States ting us into trouble which will be di!Iieult to get out of. to run his steamboat on this navigable river. Now the court say.: Mr. OGLESBY. May I 'lsk the Senator a question in regard to a .fact in this case t Taking the term commeroe in its broadest aoceptatlon, supposing it to embrace not merely tr·affic, hut the means and vehioles by which it Is prosecuted, can it Mr. EDMUNDS. Certainly. properly be made to include objects and purposes such as those contemplatetl by Mr. OGLESBY. Does the track of the nilroad compa.ny run on -this the law unrler review 9 Commerce with foreign nations mmst signif.v commerce pier or only alongside of the pier on the accretions~ which in some Reuse is necessarily.connected with these nations, transactions whioh Mr. SHERMAN. Only on the accretions. Here IS the map. either immediately, or at somo stage of their pro~ress, must he extra-territorial. The phrase can never he applies. In my lish a pelfect equa~ty .al!long ~h«;~ seyeral St~tes as t~ comm_ercialrigb~, aml tQ former reports I have fully eet forth the uses and ab!lBes of this pier, ~~;ll of which prcvo11t nn.just. and mvuhous dtstrnctwnt~, which local Jealoustes, or local and pa.r. still continues, a-nd in consel]_uence the old pier is fast going to destructwn. tial int-erests might be disposed to introduce and maintain. These were the Yiews This wa~ in 1867. The railroad company seems to have kept it in pressed upon tliO public attention by tl10 advocate:~ for the adoption of the Conl!ti· tution, anti in aocortlance therewith have been the expositions of this instrument good comlit.ion for a wharf, but it ~ay not be in good con<;tition f~r propounded by this court in deci~C>ions quoted by counsel on either aiue of this a. pier. I do not know where the difference would come m. It IS cause, though differently applied by them. (20 Cul'tis's Deoisions of the Supreme good enough for them to run the railroad cars there and use it for all Court of the United St.atos, pages 348, 349.) the purposes of passenger and freight traffic, but we nre called upon Upon the whole, therefore, the court say that there is no authority to spend $t!,OOO in order to pnt it in a little better condition in respect to interfere in the exclnsive jurisdiction of the State of 1\faine over of the harbor itself. That is the application. this river above the falls, whether it is navigable from the east in the I will now go on with this general question. The Supreme Court, ordinm·y course. It does appear to me that several of the it.ems t,bat in the case of Pollard'8 lessee vs. Hagan, proceed to say : are still left in the bill are for imp:-ovements which are clearly be- But in the hands of the States this power- yond the constitutional powe.r of the Congress of the Uuit.ed S~ates_, if That is, the sovereign municipal power- the power to improve implies the power to control the thing liD- c.'l.u never be used so as to affect the exercise of anv national right of eminent do- proved and thereby trenches directly upon the power that belongs wain QJ' jurisdiction with which the United States 'have been invcstetl by the Con- to a State. stitution. For, although the territorial limits of Alabama have ext~n~ell all her Mr. MORTON. I should like to ask the Senator a question. Do I soverei!!Il power into the soa, it is there, as on t.he shore, but mummpal power, understand the Senator to a-ssert that wbere the Government under- subjcctto tho Constitution of the United States antl the laws which shall be malle in pursuance thereof. takes, for example, to improve a navigable river which is under the 1876. CONGRESSIONAL RECORD-SENATE. 5065 jurisdiction of the United States, or to improve a harbor on a lake, water in the De1awo.re 1 How can it do anything at all if this doc- the Government cannot make the improvement either upon the bank t.rine is true f The whole theory is very plain. The State of Ohio or hy removing a bar without the consent of the State! undoubtedly has jurisdiction to a certain extent under the waters of Mr. EDMUNDS. I undertake to say that the law is this, as settled Lake 'Erie and on its shore. Whether it goes to the boundary be- by the Supreme Court, tha.t the sovereign dominion over the soil tween it aud the Blitish dominions, I do not undertake to say a.tt.his under t.he waters and the shore of navigable water is in the States, time. I should have to look to see wha,t are the boundaries of Ohio and it follows as a necessary consequence t.hat Congress can take no in the enabling act before I co~1ld answer that ques! ion; but her ju- exclusive possession of it or control of it without the assent of the risdiction, which is not private property, is a jurisdiction subject to St.at.es. I will not undertake to say whether, if in the harbor of New the power of the General Government, exercising all the powers that York, where there is municipal jurisdiction of the State of New York, are granted by the Constitution to the General Government. If the Congress were to blow up the rocks at Hell Gate the State of New York Constitution gives to the General Government the power to make oonld bring an action of trespass against the engineer or not. I do such works of improvement as this, then the ri~ht and power of the not undertake to paRs upon t.hat question. It is quite unnecessary. StateofOhioissubordinatetotbispowerof theGeneralGovernment; Mr. SHERMAN. We ought not to appropriate this money until we aud that. is-the whole of it. If the Const.itution does not confer upon settle that. Congress any power to do the things which are provided in thfl bill, Mr. EDMUNDS. But I say the law is clear that on the shore t.hen it does not require any State sovereignty or anything else to de- of navigable water, certainly on the shore of water not nangable, feat the whole bill; it must fall for want of constitutional power to the State sovereignty in respect of preventing the erection of any ena.ct it, for want of a delegated powrr to us. If the power is granted thing that it does not want there, if it chooses to exercise that sov- to the General Government to do these things, then t.he sovereignty ereignts, is absolute and complete. of the State of which the Senator speaks, and its jurisdiction over the Mr. MORTON. The Senator from Vermont states the law differ- waters in which these works are to be built, is s.ubordinate to the entlv from what I have understood it to be. I nuderstand that where power which the General Government has to make these improve- the Uuited States undertakeR to improve a river which is under the ments. jurisdiction of tho United States as navigable water, it has the right One word about the merits of this matter, and I am done. This to remove a bar from that river or to make an .improvement upon railroad company may for au~ht I know be in equity, and I think it the bank witlwut the authority of the State, because it has jurisdic- is in equity, bound to maintam the pier, at least to make the needed tion over it as navigable water; but so far as private rights are improvements and repairs, or at any rate to contribute toward mak- concerned the case is different. So far as the State is concerned the ing them; but the fact is not that the railroad company has taken United States has a right to ·i mprove the harbor of Cleveland with- absolute and exclusive possession of the pier; but what is the factT out consulting the Stat.e of Ohio a.bont it. The Government built two piers at the mouth of the Cuyahoga River, Mr. EDMUNDS. The Seuator has brought together two very dif- the effect of which was to deepen the channel and wash out the bar fercnt ideas and made them look a little as if they were one. The by a system of jetties. The railroad companies were autliorized by right to improve navigable water with a view to an easement and their charters to construct railroads from Cleveland to diverse places, the right to go over it when it is improved is common to the United from Cleveland to Cincinnati, from Clevelancl along the lake shore, States and to all the people of it. Tho State of Ohio una,uesiionably the Lake Shore road, fro:n Uleveland to Pitt.sburg.ft, from Cleveland would have no authority at all to prevent, by any regu1ation of its and Toledo to the lake. Where they shoulcl go in the city of Cleve- own, or any obstruction of it-s own, the free use of navigable waters land was a question for the municipal authorities to decide, and in- within that State. The States of Ohio and Kent.ucky together could finitely to the advantage of the city, preventing its streets from be- not stop the navigation by building a bridge across the Ohio River. ing cut up by these railroads, it authoriz-ed the companies to run That is perfectly plain. But the Senator in that respect is referring their railroads unde1· t.he bank on the shore of the lake. What did to the easement, which relat.es to the regula.tion of commerce, and I the railroad companies have to do f They had to drive piles for am referring to the fact of exercising control over the soil within the miles or more to protect their tracks. They built their tracks partly limit-s ot' a. State. Whether the private property is in a citizen or on pilP-s and partly on the bank, :s.nd when they came up to this pier whether the private property is in a corporation is entirely imma- the Pittsbur,gh and Cleveland road built a structure, a platform, on tcriul. If the State of Ohio owns a hundred acres of land on the piles and joined that platform UY;J to the pier and occupied that plat- outside of the city of Clevelanfl where there are two feet of water, form with its tracks and with its derrick, and with its derrick raises that land is hers as property; but., so far as commerce is concerned, the freight from the schooners or bonts lying in the river by the pier the right of free navigation, so that you can run a track, or have a and transfers it to the cars of the company, or vice versa. It has no right of way in the wat-er and over the land, is complete in all the structure at all upon the pier, but it exercises the power of loading citizens of Ohio and of tho United States and the State cannot take and unloa-ding by means of this derrick over the pier; and that any- it away except so far as is necessary to the exercise of her jnrisdic- body else could do who bad a piece of propert.y as this-railroad com- tion in building proper wharves out to a suitable dE'>pth of water. pany has, which it bas reclaimed itself and made it-self, to which the Can it be maintained that the United States could enter into a system United States claims no title whatsoever. That is the whole of it. _of wharfage and take possession of the whole shore at Cleveland, It is very true it may be trundling freight backward and forward New York, or anywhere else, under her ·p ower to regulate commerce, there on trucks and the like, and that may have contributed to the and proceed to com;truct wharves for the convenient access of vessels injury of this pier. ·The amendment of my colleague would remedy to the hmd Y I never he.ard such a proposition as t.hat advanced. that, which is the amendment suggested by the Engineer Depa.rt- Mr. MORTON. Removing a bar is a very different thing from build- ment itself; but this thing that is going on there is of immense pub- ing a wharf. 1ic interest. It makes a perfect connection between the water and Mr. ED~fUNDS. Let us see whether it is a very different thing. A the railroad, and is of immense public iQterest. Are we to delay the wharf is just as great a benefit to the interests of commerce, because repairing of the pier, which wa-s built by tho Government a quarter commerce must come to the shore somewhere, as the removal of the of a ceut.u ry ago or more, and which is in da.nger if it caTe8 in of obstruction is. They are both of t.he same kind, a.nd they operate t.o seriously obstructing the entrance into the port of Cleveland, until tlte same end concurrent.ly. One is entirely good for nothing without this f!Uestion can be settled between the Government and the rail- the other; so that you come right back to the question, when you road' I sa.y no. take possession of the soil that Jies within the limits of a State, you Mr. CONKLING, l\fr. President, it often happens that it is useful can only t.a ke possession of it by the consent of that State. When - in considering a case, first of all to fix the fa-cta, and as I have sue- you want the ri~ht of way over that soil, t.hat. you have got by the ceeded now in finding the report which I had in mind bofore, made Constitution of the United States, and you can regulate the exercise by Colouel P. J. Cram, of t.he Engineel' Corps, and by the Chi~f En~ of that ril!ht, I think. gineer of that corps transmitted to Congress in 1865, I beg to rea.(l a Mr. THURMAN. Mr. President, I do not want to prolong the de- few words which I think will enable us all to understand more m~actly bate. If we are to debate the constitutional question of the power the state and hi.s t,ory of thi~ matter: of Congress to make works of internal improvement on this bill, and Iilmyreport rendered2d of November, 1864, upon the condition of tbisimport.ant continue the debate. as that question has not been settled to every- harbor- body's satisfaction after a diRcussion of more than half a century, it This is the harbor of Cleveland- is not very likely that this bill will pass at this session. I described the abuses practiced upon this public property by private individuals Mr. ED .MUNDS. How can we help considering a question of this an!l corporate companies in their use for private advantage oftheeast pier. So far kind when it is involved in the billY from ceasing these abuses. they have been c-ontinued on an increasing scale, and 1t .Mr. THURMAN. I have only this to say in respect to the Stat-es- probably will not end until that pier is entirely destroyed; then a loud call will be · ht d t · f fr" d f V t h' h · th t th h made for the Government to build it up again. In consequence of m~· not being rig S oc nnoo my len rom ermon 'w lC lS emos oroug ablowitboutmilitaryforcetogettheentireposses ionofthatpicroutofthehanrls States-rights doctrine that I have beard now for more than a quarter of those who are using it for :private pecuniary advantage for doci;ing purposes, no- of a century. If his doctrine is true in regard to this particular ap- repairs have been put upon 1t at the public expense. But the west pier and the propriation, then it is valid against every provi:sion in this bill. piPr-head bavebeenverythoroughlyrcpaired, ancl bothhM·ebeenfilledwitbstones~ Mr. EDMUNDS. Not by any means. with the r.xception of a part of the inner sustaining work, put in to strengthen anu preserve the old west pier. }lr. THURMAN. I say against every one of them. If the Govern- ment cannot repair this pier, which it bas made at. the mouth oj the I read that as a contribution to the question suggested by the Sen- Cuyahoga River, on the theory that the StatE' of Ohio bas jurisdiction ator from Ohio, whether this corporation has in fact taken possession over tho soil on which the pier io built, then I want to know how it of the pier or not. This officer says rui1itary force woulll be neces- can do any one of the thiiJgl') that are provirled for in this bill. How 8ary to euable him to dispossess H., and I sbonld judge that must b9 cau it improve Otter Creek, in Vermontf How can it build a break- a pretty good possessi-O pedis, which the railroad company is and was 5066 CONGRESSIONAL RECORD-SENATE. AUGUST 2, asserting at the pier. I will read now to the Senate this part of the does seem to me that for us to stand here on an appropriation of report a~ bearing upon another branch of this case: ,oou for a work of such conceded importance, and then go by the I have- millions almost upon works of unimportance, would be a strange Say Colonel Cram- spectacle. I am willing that tbe Secretary of War shall be author- the statistics of the amount that is docked and kept on the vement of the entrance of Salem Harbor, Massachusetts, $10,000. for the improvement of the French Broad River between Brevard and the Buncombe County line, North Carolina, from $15,000 to The amendment was agreed to. $10,000. Tlle next amendment was in line 97, to strike out "twelve" and in- The amendment was agreed to. sert "ten;" and in the same line, after the word "dollars," to strike The next amendment was to strike out lines 143 and 144, as follows: out" five" and insert "four;" so as to make the clause read: For the improvement of Pamlico River, North Carolina, $25,000. For the improvement of Penobscot River, Maine, $10,000; $4,000 of which shall be expemletl at or near the" .Narrows" in eaid river at. Bucksport. The amendment was agreed to. The next amendment was to strikeout lines 145 and 146,asfo1lows: Tlle amendment was agreed to. For the improvement of Clinch River, Tennessee, $12,000. Tlle next amendment was t.o strike out lines 100 and 101, as follows: The amendment was agreed to. For the improvement at Ric.hmond Island, Maine, $15,000. The next amendment waa to strike out lines147 and 148, as follows: The amendment was agreed to. For the improvement of the Hiawassee River, Tennessee, $10,000. The next amendment was in line 103, to reduce the appropriation The amendment was agreed to. for the improvement. of Cocheco River, New Hampshire, from $15,000 The next amendment was to strike out lines 149 and 150, as fol- to $14,000. lows: The amendment was a~reed to. · For the improvement of the Powell River, Virginia. and Tennessee, t10,000. The next amendment was iu line 107, to reduce the appropriation for tlle improvement of the harbor at Swanton, Vermont, from $10,000 The amendment was agreed to. to 2,000. The next amendment was in line 153, after the word "line," to The amendment was agreed to. strike out '' twent.y-five" and insert "fifteen;" in line 154, after the The next amendment was in line 109, to reduce the appropriation words "Smith'~ Shoals," strike out "twenty" and to insert" ten;" for t.be construction of Ice Ha,r bor at Ch~ster, Pennsylvania, from in line 155, after the words ''Smith's Shoals," strike out "t.hirty" $6,000 t 0 $2,600. and insert "twenty-five;" and at the end of the clause to insert: The amendment was agreed to. And from Smith's Shoals to the Falls of the Cumberland, 82,000. The next amendment was to strike out lines 110 and 111, as fol- So as to make tile clause read : lows: For the improvem~nt of Cumberland River above the city of Nashville, Ten- For the improvement of Passaic River, New Jersey, $10,000. nessee, from Nashville to the Kentucky line, $15,000; and thence to t.he fnot of Smith'R Shoals, $10,000; and for Smit.b's Shoals, $:.!5,000; and from Smith's Shoals Mr. l"RELINGHUYSEN. · I suppose if I say anything against strik- to t-he Falls of t.he Cumberland, ~2,000. ing out this item it will be considered that it is a local interest and The amendment waa agreed to. that I have not regard to the general welfare of the United States. The next amendment was in line 160, to reduce the appropriation New Jersey has four hundred miles of sea-coast, and contributes to- "for the improvement of the Great Kanawha River, West Virginia, ward the 1·evenues of the conntry as much as, and I think more than, including the purchase of site.s for dams and locks, not exceeding anv State of its population. If you strike this out there is nothing $15,000," from :300,000 to $270,000. at 'an in the bill for New Jersey. Mr. CONKLING. I a k the chairman to state where these "sites Mr. CONKLING. Except. the Hudson River improvement. for dams and locks, not excee(ling 15,000,'' are to be purchased or 1\Ir. l!,RELINGHUYSEN. The Hudson River my friend from New found Y • York would hardly say belonged to New Jersey, for New York is in Mr. DAVIS. I will answer. . the lla bit_._ Mr. CONKLING. Let me state the P~?int of my question. We Mr. CONKLING. A part of it stood for New Jersey, and the Sen- heard the other dav, as we have heard on many bygone days, about ator had them put together in one .sum of 66,000, so as to apply to the improvement ·of the Kanawha, for a certain distance, whick both. my friend, I understand, once traversed. I want to know whether :Mr. FRELING HUYSEN. Then I hope it will be understood tlia.t these clams ancllocks are with a view to the ultimate improvement, $25,000 of that sum goes to improve the Hudson on the Jersey side. the estimate of which, I believe, was $35,000,000, or whether they But this is a matter of $10,000 on n.n improvement which it was esti- concern only the part of the river which he knows is referred to, by mated woulcl cost $100,000. Ninety thousand dollars has been spent, what I have saicl. and this $10,000 will complete it. I think that the item had better Mr. DAVIS. It is near Charleston. This concerns the present fltand in the bill. locks, now in course of erection, and the purchase of sites for them, The PRESIDING OFFICER. The question is on the amendment near Charleston. One is' just below, and the other just above Charles- of the committee to strike out the lines. ton. There are two dams and locks now in course of construction. The question being put, it was declared that the ayes appeared to Mr. CONKLING. How many new sites for dams and locks are to prevail. be bou~bt t This appropriates for "the purchase of sites for dams Mr. FRELINGHUYSEN called for a division. and lo ~·xs," not for those that are resident now or have been begun Mr. ALLISON. I trnst my friend from New Jersey will not dis- now, but for the purchase of new sites. turb the barmony of this bill. We have appropriated in the llill just Mr. DAVIS. Two dams are already commenced where they approach $5,000,000. I appreciate the strength of his appeal, but I think that the shore. The sites for those two dams, though they have been pur- Passaic River ca.n get along for another year. This work is all .dredg- chased and they have been at work on them, have not yet been paid ing, and I think we can manage the Passaic River for another year for, because there was no appropriation a.pplicable to that purpose. without increasing the appropriation. There is but $15,000 involved, or so much thereof as may be neces- The PRESIDING OFFICER. Does the Senator from New Jersey sary. I understand there are but six or s~wen thousand dollars left insist unon a division f for the present locks and future locks on this particular work that ~1r. FRELING HUYSEN. No, air; I will trust to my friend to have has been alre:uly commenced. it righted elsewhere. Mr. CONKLING. How many sites are to be purchased f The amendment was agreed to. Mr. DAVIS. That I cannot answer. There are two now. There The next amendment of the Committee on Appropriations was in may be others aft-e r the work progresses. The limit is $15,000. 5068 CONGRESSIONAL REOORD- ' SENATE. AUGl!ST 2, Mr. CONKLING. Tile Senator will see as quickly as I do the point appropriation is not for the improvement of the river, but removing of my question. If $15,000 be appropriated for the purchase of sites the bar at the entrance of the bay. That was given before, but I see unnumbered, for dams and locks unlocated, he knows tilat it com- it stricken out again, though the appropriation is only $12,500. mits to the discretion of those who manage the business to purchase The next item is for the improvement of Pass Cavallo Inlet, which as many sites as they please and pay down a sum, no matter how is reduced from $40,000 to $20,000; and then there is $10,000 for t.he small, upon each one within the limit of $15,000. Now if we mean t.o improvement of Aransas Pass, which is stricken out by the committee. appropriate $15,000 to pay for two sites, we ought to say so ; and if I gave the reasons fully before. I hope the Senate will not agree to it is to pay for six sites we ought to say that. But I submit that in- these amendments. asmuch as the sites are not even located by being kept within bound- The amendment was agreed to. aries between termini, but on the face of this bill may be anywhere The next amendment of the Committee on Appropriations was in on the Great Kanawha River in West Virginia, we ought eit.her by line 177, to reduce the appropriation "for the improvement of Sabine metes anll bounds or by specifying the maximum number of sit.es to Pass, and for improvement of Blue Buck Bar and Sabine Bay, and for say in some sense what we mean, and not to commit to sheer dis- deepening the channel over the bar at the mouth of the Sabine River, cretion whether they shall purchase two sites or ten sites or twenty and for deepening of the channel over the bar at the mouth of Neches sites, whether they shall be located on the Kanawha below Charles- River, where these rivers enter Sabine Bay," from $60,000 to $40,000. ton or whether they shall range on the Kanawha from the place The amendment was agreed to. where it departs from the State of \Vest Virginia to tho place where The next amendment was to strike out lines 179, 180, and 181, as it enters that State. As this language stands now, it is "for the im- follows: provement of the Great Kanawha River, West Virginia.," and I do For deepening the channel over the bar at the month of the Trinity River where not think a correct construction would confine it to West Virginia. it enters Galveston Bay, 1~,500. That locates the river. The amendment was agreed to. The Great Kanawha River, West Virginia, including the purchase of sitos for The next amenament was in line 183, to reduce the appropriation dams and looks not e~c.eeding $15,000, · :liO,OIJO. Ufor the improvement of Paso Cavallo, inlet to .Matagorda Bay,Texas," If $15,000 will enable a payment to be made down so aa to bind from $40,000 to $20,000. · the bargain for the purchase of fifteen sites, that may be done, and The amendment was agreed to. they may be located anywhere; and in the interest of this improve- The next amendment was to strike out lines 184, 185, and 186, as ment, if the Senator knows where these sites are to be and the num- follows: ber of them, I submit it should be stated in the bill "for the pur- F•'r the improvement of Aransas Pass, and approaches to Rockport and Corpus chase of three sites" or "four sites" or ''six sites" or whatever the Christi Harbors, Texas, $10,000. nurnuer "for locks and dams." If no survey bas been made, if no- The amendment was agreed to. body knows where they are to be, certainly the appropriation is pre- The next amendment was in line 188, to reduce the appropriation mature. for the improvement of the Coosa River, Georgia, from $40,000 to Mr. DAVIS. This wording, I understand, is in accordance with the $30,000. recommendation of the Dep:ntment. I understand that there are Mr. SPENCER. I move to amend after the word ''Georgia" b;v in- two a.lready commenced, ancl it is presumed that the $15,000 prob- serting "and Alabama, between Rome and the Selma, Rome a,}l(} Dal· ably will purchase six or seven, whichever it is finally determined to ton Railroau bridge." The chairman of the committee will accept the build bet ween the falls of the Great Kanawha and tile Ohio River. amendment. . .Mr. CONKLING. Then should it not say "between the falls of the Mr. ALLISON. I have no objection. Great Kanawha and the Ohio River f" 1\lr. GORDON. '!'hat was the clause in the original bill. Mr. DAVIS. I have no objection to that. I think it would be .very Mr. ALLISO:N. It is a mere clerical om.i&!ion ilere and ought to be proner. in the bill. The PRESIDING OFFICER, (Mr. INGALLS in the chair.) The pro- The amendment to the amendment was agreed to. posed amendment will be read. The amendment, as amended, was agreed to. , The CHIEF CLERK. After the word "locks" it is proposed to insert 'fhe next amendment of the Committee on Appropriations was after u IJet ween the great falls and the 0 hio River." the word "Arkansas," in line 189, to insert the words "and Louisiana," Mr. DAVIS. Nobody objects to that. and in line 190, before the word "thousand," to strike out "eight" .Ml'. ·wiTHERS. Let it be done by general consent. and insert" twelve;" so that the clause will read: The PRESIDING OFFICER. The amendment of the committee For the improvement of the Ouachita River, Arkansa.s and Louisiana, $12,000. will be so modified, if there be no objection. . Mr. ALLISON. Now I propose to add anotheT amendment, "and The amendment was agreed to. full payment therefor," after the words just inserted, so that wliat- The next amendment was to strike ont lines191 and 19'2,as follows: ever locks or dams we purchase the sites shall be paid for. For the improvement of the Tombigboo Rinr, Alabama, $13,950. I The PRESIDING OFFICER. The amendment of the committee Mr. SPENCER. I hope this amendment will not be adopted. will ue so modified, if there is no objection. There is manifest unfairness in it. Right above this is "the Oua- Mr. CONKLING. H should come in before the other amendment, so chita River, Arkansas and Louisia~a," where the appropriation is in- as to make the clause read : creased from $d,OOO to $12,000; and here is tbeTombigbee River, one For the improvement of the Great Kanawha River, West Virginia, including the of the finest and most beautiful streams in the South, that floats per- purchase of site.s for dams and locks and full payment therefor, between the great haps more cotton than almost any ot.b er river in the country, the ap- fulls and the Ohio River, not exceeding $15,000, $2i0,000. propriation for which is stricken out. I hope the amendment will Mr. HARVEY. I suggest that the amendment would read a little not be a~reed to. better by saying "purchase of and full payment for," anllletting the Mr. CONKLING. What is the work to be done f deljcript.ion oft be sites and dams come in connection with the location. Mr. SPENCER. Cutting out snags and the general improvement Mr. ALLISON. I have no objection to that. of the river. The PRESIDING OFFICER. If there be no objection that change Mr. ALLISON. I trust that my good friend from Alabama will not of phraseology will be made. The Chair bears no objection. The press a. division on this amendment. question is on the amendment of tile committee, as modified. Mr. SPENCER. I feel that I owe a duty to the constituency that The amendment, as modified, was a_greed to. I in part represent here to see some sort of justice done. I do not The next amendment of the Comniitte~ on Appropriations was to think the committee in this revised bill baa been doing justice to the insert as lines 16~, 163, 164, and 165: country generally. For removal of Beaver and Nailor Bend Rocks, and for cleaning ont snags and Mr. ALLISON. I do not care to argue it. fallen trees in the Little Kanawha, West Virginia, 7,300. The PRESIDING OFFICER. The question is on the amendment Tbe amendment was agreed to. to strike out the clause. The next amendment was to strike ont lines 170, 171, and 172, as The amendment waa agreed to. follows: The next amendment of the Committee on Appropriations was in For con tinning the work of dredging and removing obstructions to navigation line 196, to increase the appropriation "for the improvement of the in Cypress Bayou, Texa8, $30,000. Lower Willamette and Cohpnbia. Rivers from Portland, Oregon, to Mr. MAXEY. On a former occasion I explained the necessity of the sea," from $15,000 to $20,000. the work. The item passed the House of Representatives, and when The a.mendmen t waa agreed to. it came here it was stricken out by the committee, just as it is stricken The next amendment was in line 199, to increase the appropriation out now, and restored by the Senate. I fully explained then the rea- "for the improvement of the Upper Willamette River, Oregon," from son for it, and I am of the same opinion still. I hope it will not be $15,000 to $.:>.0:000. stricken out. The amendment was agreed to. As t.o the next item, for the improvement of Sabine Pass, &c., im- The next amendment waa to strike out lines 202 and 203, aa follows: mediately following, I explained that before, and the appropriation For breakwater ·a t Wilmington, California, .,.30,000. made by the House was retained by the Senate. I perceive that the The amendment was agreed to. committee propose to reduce it from $60,000 to $40,000. The next amendment was to strike out lines 204 and 205, as follows: I gave an explanation also as to the succeeding item for deepening the channel over the bar at the mouth of the Trinity River, draining For the improvement of Sacramento and Feather Rivers, California, $15,000. some twenty-five or thirty counties engaged in the cotton ttade. The The amendment was agreed to. ( 1876. CONGRESSIONAL -RECORD-SENATE. 5069 The next amendment was in line 209, after the word" River," to - The next amendment was to strike out lines 251 and 252, as follows: strike out the words'' below Stockton;" and in: line 210, after the word For the improvement of Elk River, West Virginia, 20,000. "California," to strike out " to be applied below Stockton;" so that Tho amendment wa.s agreed to. the clause will read: The next amendment wa-s to strike out lines 259 and 260, as followa: For the improvement of San Joaquin River, California, $20,000. For the improvement of Mackey's Ferry, North Carolina., $3,000. Mr. CONKLING. i should like to inquire why it is that you strike The amendment wa.s agreed to. out ''below Stockton!" ·w here is it to be applied T The next amendment was in line 262, to reduce the appropriation Mr. ALL IRON. It is to be applied, in tile discretion of the engineers, for the improvement of the Yazoo River, Mississippi, from $22,000 to either above or below Stockton. There is a large commerce on the $15.000. San Joaquin River above St,ockton. The amendment was agreed to. Mr. CONKLING. You do not mean by this that it sha.ll not be The next amendment was to strike out lines 263 and 264, as fol- applied below Stockton f lows: • Mr. ALLISON. Not at all; we simply· give them the whole river For the improvement of Pascagoula Bay, Mississippi, $10,000. instead of a portion. The amendment was agreed to. . The amendment was agreed to. The next amendment was in line 265, after the word "White," to The next amendment of the Committee on Appropriations was to strike out" and Saint Francis Rivers" and insert "River at Buffalo strike out lines 212 and 213, as follows: Shoals;" in line 266, after the word "Arkansas," to strike out "fif- For the improvement of Monterey Harbor, California., $12,000. teen" and insert "ten ; " and in line 26i ," after the word " dollars" The amendment was agreed to. to strike out" of which there shall be expended $10,000 upon White The next amendment was in line 215, to reduce the appropriation River and the remainder upon Saint Francis River;" so as to make "for the improvement of the Delaware River below Petty's Island," the c1ause read: from $50,000 to 40,000. For the improvement of White River at :Buffalo Shoals, Arkansas, $10,000. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 217, to reduce the appropriation The next amendment was to strike out lines 270 and 271, as follows: "for removing raft in Red River and closingToue's Bayou,Louisiana," For the improvement of the Perquimons River, North Carolina, 13,000. from $40,000 to $.15,000. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 2'21, to increase the appropriation The next amendment was to strike out from line 274 to line 278, as "for the improvement of the Schuylkill River, P~nnsylvania," from follows: $18,000 to $~5,000. For the improvement of the Rock Castle River, Kentnckv, $2,000; and, in the 'I'h amendment was agreed to. discretion of the Secretary of War, to bA expended on Cumberland and Rook Castle Rivers above Nashville, Tennessee, f2;J,OOO. . The next a.mendment was to strike out lines 222, 223, and 224, ns follows: The amendment was a.greed to. For tho improvement of the Dela.ware River between Trenton and White Hill, The next amenrlment was in line 280, to reduce t.he appropriation New Jersey, $7,500. "for the Etowah River, Georgia," from $15,000 to $10,000. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 226, to reduce the appropriation The next amendment was in line 282, to red nee the appropriation "for the improvement of the harbor at Bridgeport, Connecticut," from "for the !mprovement of the Ocmulgee River, Georgia," from $25,000 $15,000 to $10,000. to $15,000. The amendment was agreed to. The amenclm~nt was agreed to. The next amendment was to strikeout lines 231 and 23'2, as follows: The ~ext ame~dment was to strike- out lines 283 and 284, as fol- For the improvement of the harbor at Saugatuck, Michigan, $3,000. lows: }'or the improvement of the port of Darien, Georgia, $5,ft00. The amendment was agreed to. The next amendment was in line 236, to reduce the appropriation Mr. GORDON. I should rather have the sense of the Senate on "for the improvement of the harbor at Manitowoc, Wisconsin," from that amendment after I have repeated the statement which I made $10,000 to $d,OOO. the other day. From this port is shipped one-fourth of the entire The amendment was agreed to. lumber exported from the United States. It is a port that really re- The next amendment was in line 2!l8, to reduce the appropriation quires some improvement; very small; as is seen, only $5,000 is asked. for the improvement of the harbor at Sheboygan, Wisconsin, from There are some snags, logs that have drifted down from the bills $8,000 to $6,000. above several hundred miles and have lodged in that port, and The amendment was agreed to. ought to be removed. I have nothing more to ask than the privilege The next amendment was in line 240, to reduce the appropriation of making that statement and t.aking the sense of the Senate. for the improvement of the harbor at Port Waahington, Wisconsin, The amendment was agreed to. - from $12,500 to $8,000. The next amendment of the Committee on Appropriations was The amendment was agreed to. in line 28i, to reducetheappmpriation "for the improvement of New The next amendment was in line 243, to increase the appropriation River, from the lead-mines in Wythe Connty, Virginia, to the month for the improvement of the harbor at Oswego, New York, from $70,000 of Greenbrier River, West Virginia," from $~,000 to $15,000. to $00,000. The amendment was agreed to. The amendment was agreed to. The next amendment was to strike out lines 289 anc1290,as follows: The next amendment was "t9 strike out lines 244 and 245, as fol- For the improvement of the Mattapony River, Virginia, $10,000. lows: The amendment was agreed to. For the improvement of the lmrbor at Waddington, Now York, $5,000. The next amendment was to strike out lines 201 and 202, as follows: The amendment wa.s agreed to. !or the improvement of tho Pamnnkey River, Virginia, $6,000. The next amendment was to strike out lims 246, 247, and 248, as The amendment was agreed t,o. follows: The next amendment was in liue 294, to increase the appropriation For tho improvement of Harlem River, New York, $15,000, to be expended be· "for the improvement of the harbor at Norfolk, Virginia," from tween Ward's Island and Hodson River. $13,000 to $39,GOO. Mr. KERNAN. I am very reluctant to interfere with the harmony The amendment was agreed to. of the report; but t.bis is an appropriation made with a view to im- The next amendment was to strike out lines 208 and 299, as fol- prove the Harlem River between the point named and the Hudson, lows: where the tide ebbs and flows, and everybody familiar with the local- For the improvement of the Choctawhatchie River, Florida and Alaba~ t!),OOO. ity can appreciate how important it is. The work has been com- menced, and this is a very small appropriation to continue it, much Mr. SPENCER. I hope this amendment will not be agreed to. I less than what it requires. It will enable the commerce to pass from think this a great outrage to strike out a small appropriation of the East River into the Hndson, the tide ebbing and 1Jowing through- $5,000 for this important river. It clrains a new lumber country just out the whole space, and it will greatly facilitate commerce and opened up, and there is nothin~ that will advantage commerce more cheapen it and render a great deal of it more safe. I hope it will not than an appropriation for the Improvement of the river. I hope the • be stricken out. Senate will not agree to the amendment. The PRESIDING OFFICER. The questjon is on agreeing to the The amendment was agreed to. amendment striking out the clause. The next amendment of tho Committee on Appropriations was to The amendment was agreecl to. strike out lines 300 and 301, as follows: The next amendment of the Committee on Appropriations was in For the improvement of the Apalachicola River, Florida, $5,000. lines 249and250,afterthewords ''Hudson River," to strikeout "New The amendment was agreed to. York, twenty-five" and insert" sixty-six;" so as to ma-k e the clause The next amendment was t,o strike out Jines 3()-~ and 303. as follows: read: For remodng obKtrnctions and deepening channel at the pass of Brazos San- For the improvement of Hudsou River, f66,000. tiago, Texas, $10,000. · The amendment was agreed to. The ameudnient was agreed to. 5070 CONGRESSIONAL RECORD-SENATE. AUGUST 2, The next amendment was in line 305, to reduce the appropriation :Mr. ALLISON. We have appropriated in this bill 225,000 for the "for conLinu~~ the improvement on the outer bar at Galveston, harbor at Galveston, 100,000 more than is given to any harbor in this Texaa," from ~0,000 to $150,000. bill, and a larger appropriation than is given in this bill to any im- The amendment was agreed to. · provement 9f harbors except the improvement of Hell Gate, New The next amendment was to strike out lines 307 and 308, as follows: York. We were compelled under the instructions of the Senate to For the improvementof the.French Broad River in Tennessee, 115,000. reduce this a.ppropriation somewhat. The sum given here for this The amendment was agreed to. particular purpose is $150,000. It will go a long way toward build- The next amendment was to strike out from line 309 to line 312, as ing these jetties, and I trnst the Senator from Texa.a will not press follows: his opposition to the amendment. For the improvement of the MisSouri River at the point where it is cuttin~ into :Mr. MAXEY. I only desire to say in reply that I find $150,000 given the Kansas shore above Saint Joseph, Missouri, for the protection of the City of to Cape Fear on a recommendation of 210,000, and I find 270,000 Saint Joseph, 110,000. given to the Kanawha River, and $270,000 ~iven to the Muscle Shoals. Mr. COCKRELL. I do hope the Senate will not agree to this amend- The PRESIDING OFFICER. The Chau will remind the Senator ment recommended by the committee. That amount is not to be ex- that his time is exhausted on the pending amendment. pended in Missouri, and the way the bill is now arranged there is not The amendment was agreed to. one solitary cent of this$6,000,000 to be expended in Missouri. This is The next amendment of the Committee on Appropriations was to · a matter of great necessity at this place. The river there, in conse- insert as lines 313 and 314 the following: . quence of some improvements that have heretofore been made and For the improvement of the Mi.Bsonri River above the mouth of the Yellowstone, not having sufficient money to perfect them, is cutting rapidly into $20,000. the Kansas shore and threatens to cut through, leaving an islam! in The amendment was agreed to. front oi the city of Saint Joe, and aJso to leave the railroad bridge The next amendment was to strike out lines 315, 316, and 317, as there entirely useless, of no value. I think that this small sum of follows: $10,000 should certainly be given. I have the report of the engineer For the improvement of tho Upper Monongahela River near Morgantown, West in char~e of the work recommending even a larger amount than this Virginia, t25,UOO. and saymg that it is a matter of public necessity. The amendment was agreed to. The amendment was agreed to. The next amendment waa to strike ont lines 320 aml 321, as follows: Mr. MAXEY. My attention was called awaybythe rapid reading, For the improvement of the Wicomico River, Maryland, $5,000. and I ask that lines 304, 305, and 306 be reconsidered. Th~ PRESIDING OFFICER. The vote will be reconsidered by The amendment was agreed to. unanimous consent, and the question will be on the amendment strik- The next amendment was to strike out lines 322 and ~3, as fol- ing out those lines. lows: Mr. MAXEY. This ame11.dment covers the most important harbor For the improvement of Big Sandy River, Kentucky and West Virginia, t2.-;,ooo. that we have in the State of Texas. It is one of the most unques- tionable importance not only to the State of Texas bnt to the State The amendment was agreed to. of K:msas, to t.he State of Nebraska, and to the Indian Territory. The next amendment waa in Jine 325, to reduce the appropriation The House bill is : "for the improvement of the harbor at Michigan City, Il1diana,'' from 50,000 to 35,000. For continuing the improvement on the outer bar at Galveston, Texas, $200,000. Mr. MORTO~. I hope that amendment will not be agreed to. The amendment is to cut it down to 150,000. The engineer recom- Fifty thousand dol1ars is barely sufficient for the purpose. It is the mended $350,000. Considerable work has been done there, and a very only lake harbor we have. I trust the committee will not insist on small appropriation waa recommenrled for continuance. The recom- the amendment. mendation of two years ago was 400,000, and out of that $150,000 .Mr. ALLISON. I most insist. We were obliged to make a little were appropriated. He again recommends $350,000 for the present reduction in this appropriation in order to carry out the general pur- year and urges it. This appropriation is urged in a letter sent here pose of the Senate. in January last with the report of the engineer in charge, Major :Mr. McDONALD. I desire to join with my colleague in insisting Howell; by the officer in charge of the work and by the board of en- that the reduction ongbt not to take place. The original bill as it gineers, composed of Generals Tower, Wright, and Newton. If there came from the House contained the amount of $50,000, and I regarded are any three better engineers in all America than these three I have it as the very smalle~;t sum that could properly be appropriated for the no knowledge of them, and I know that the young officer in charge purpose. That was not cbauged when the bill was first reported to of the work is a competent tmd able man. I have personally visited the Senate; it has only been changed in this report. I do trust it and inspected these works, and I have some knowledge of them my- will be restored. self. Mr. EDMUNDS. That would carry the bill above 5,000,000. It may be said that the work going on is an experiment. By refer- Mr. McDONALD. There is a disposition, I see, on the part of the ence to a paper which I hold in my hand it will be found that by a Senate to abide by the report of the committee, and I feel that in- small sum placed there prior to December, 1875, the gabions which clination myself very strongly. It is -mte in the session, a1:d it will had been put down to form the jetty were not yet filled by sand ; 11. be (lifficult for every Senator to get w bat he desires; but this is the storm arose before they could be filled with sand. They stood there first time that Uris appropriation baa been touched since it has been in the water, and the engineer in charge, M!tjor Howell, reports that brought · forward, and I hope it "will commend it.self to the Senate it was to his utter amazement, when the storm was over and he was either now or in some other form as it originally stood, so that we able to look into the work there, that the gabions were precisely in shall not lose the benefit of the amount first placed in the bill This the place where they had been laid. Theae engineers, General Tower, is the only harbor south of Chicago on Lake Michigan, and the only General Newton, and General Wright, say that, notwithstanding all harbor we have in the State oi Indiana; and it is becoming a very im- the storms, the resistance of the jetties is remarkable. They use a portant place not only to our State but to all that northern country. stronger word than that; they say it is unquestionable; and yet since Mr. MORTON. I trust the Senator from Iowa will not require that time, since they made that report in regard to that storm, a cy- this matter to be discussed. I see that he has enlarp;ed the appro- clone swept ovt"r that coast subsequent to all these reports, and the priations in many caaes, and put in somE\ new ones. There are two work withstood the storm triumphantly. newones immedia.tely-following this item. Here is the single appro- Now they say that if this gabion system, which I could explain to priation in the State of Indiana for a lake harbor, the only one we the Senate because I have examined it particularly, succeeds, it will have. It is $50,000. It is a small allowance for the work. To cut it save the United States Government millions of dollars, because it is down to 35,000 virtually destroys it; and if we are to be cut down, the cheapest plan thstt has ever been adopted for improvements. That so far as I am concerned I shall feel myself under the nece ity of it is believed to be an eminently successful system we have only to antagonizing appropriations that are proposed here in the form of look at the fact that Captain Eads is risking all his fortune in carry- amendments. The Senator has got two in his own State immediately ing out a similar system at the mouth of the Mississippi River. I say following this item. This is not just. I understand the merits of to the Senator in charge of this bill that if that system is successful this appropriation. Fifty thousand dollars is small enough. To cut it will save the United States Government millions of dollars. I say it down to $35,000 will very nearly de t.r oy it and leave the work un- to him, for I have not time in a five-minute speech to read all these finished. I therefore appeal to t.he Senator from Iowa to withdraw things, that the chief engineer says it is important to go on and with his objection . a sufficient appropriation to continue the work without interruption. .Mr. ALLISON. The Senator from Indiana calls attention to two In the face of all these things I think I have been very reason- amendments immediately following this, and gives me fair notice able, considering that the committee have struck me down $177,000, that he will antD.gouize those. If they are improper amendments of and I do ask that in this case the appropriation for the mouth of Gal- cours·e the Senate will strike them out. Now, this harbor at Michigan veston Harbor be made; and I call on every Senator here who has City has been appropriated for a great many years, as the Senator is been to Galveston, any one that knows anyt,hing about the impor- very well aware. The Engineer Bureau estimate only $60,000 for the tance of the commerce of that place, whether that appropriation completion of the work, and it is for the extension of the breakwater shoultl not be left a.s the House left it. at this point, Michigan City, and for dredging. Of course 35,000 The PRESIDl~G O:FFICF;R. The Senator's time bas expired. The will not go as far toward building a breakwater as 60,000, the full action of the Senate on the amendment proposed by the committee estimate of the engineers, on a basis of $14,000,000. But I submit to in lines 304, 305, 306 havin~ been reconsidered by unanimous consent, my friends from Indiana that we have cut down this appropriation the question recurs, Will tne Senate agree to the amendmentf less than any estimate in the bill that I know of, and have given ....- 1876. CONGRESSIONAL RECORD-SENATE. 5071 them $35,000. If it were proper for me to say so, I might -say that Mr. CONI'KLING. Tlle yeas and na.ys being called for on this this was done at the very la-st moment, we having struck it down amenclment, I wish to relieve myself from the po sible appearance of originally to only $40,000. I trust the Senators from Indiana will not seeming to be invidious, and thereforo I will assign briefly my reason for the sake of $15,000 for this harbor, wherea-s estimate of only in 1·egard to it. $fi0,000 was originally made, disturb and destroy the harmony of this The first amendment in this bill is to strike out altogether the ap- bill. propriation for continuing the work in the harbor of Dunkirk, and I Mr. MORTON. I do not think the harmony of this bill requires might borrow what the Senator from Indiana [Mr. MoRTO}l"] has said this little appropriation for our only harbor to be virtually destroyed. touching t.he work he speaks of as descriptive of the work I speak of. It is in a very imperfect condition. It bas been estimated that with Following that amendment are three or four others striking out al- $60,000 the breakwater can be so extended as to mak~ our harbor safe together appropriations for harbors and important harbors on Lake and make it serviceable. To make it $35,000 is virtually to delay it Ontario, on the northern frontier of New York, a fact which I men- and make it useless almost for another year. This is not required. tion only as showing that I know something about them. I cannot Here follow two new appropriations not in the original bill: support the committee in striking out works which I do know about For the improvement of the Rush Chute and the harbor of Burlington, Iowa. and which happen to be located in the State from which I come and $10,000. which I know to be important works, which I kuow to be partially . For the improvement of the harbor at Fort Madison, Iowa, $10,000. complete, and then vote to overrule the committee when it has re- .Mr. SPENCER. I will state to the Senator, if he will allow me, duced this estimate about 40 per cent. in a bill in which it ha.s re- that there were no appropriations last year for those two object.s. duced the estimates a_ ~ large 66i- per cent. or therea.bouts. The Mr. MORTON. No, they are new works. They come in here as total estimv.tes are $14,000,000. The committee brings them dow\ to amendments. I could go over the bill and pick out enough intro- $5,000,000, and as 5 is to 14 so is the general reduction. Here is a ductions of that kind, I think. All we ask is that a State that has reduction which is left a,bove the average reduction, and we are but one lake harbor, and it is a pet of ours, and we think a good deal asked to override the committee on a state of case which applies not of it., should not be crippled and cut down until it is almost worth- only to other insta.nces but which applies to others equ2Uy merito- less, while there are plenty of works in the bill that, so far a.s im- rious where the committee have s.t ricken out altogether the appro- portance is concerned, do not compa.re with it. This is an important priations. harbor, and especially important to the State of Indiana. The Senatars from Indiana must see that it is very awkward for Mr. McDONALD. I desire to state one fact to the Senate in refer- Senators coming from the locality in which such utter refusa-l to ap- ence to this harbor. .As I have already stated, it is the only harbor propriate has been recommended by the committee and concurred on Lake Michigan south of Chicago, and has become of late years, in by the Senate, to turn around now and make this more than an since these improvements have made it of practical use and benefit, ·exceptional case to the general rnle. It is said that the committee a harbor of refuge to a very great extent, as well as concentrating bas put in two appropriations next to this item for which no appro- tilere a very large commerce from the upper lakes, and especially in priation was made before. That gives rise to a question. It was one the matter of timber. As I have already stated, this appropriation of the Plinys, I believe, who supplicating Jupiter, rested his prayer at 50,000 ran it.s length through the House and the Senate and the mainly on the fact that he had never prayed before. Whether when Senate committee in its :first report, and this is the first time it has a work comes here for which nothing has been voted before, it is in a been touched. .As we aro not asking much, we should like very much less meritorious attitude than it would be if ba.lf a million dollars had ine been exceptionally favored, and because of other cases in the the House bill. bill for which I am. sure a stronger argument can be made than can Mr. ALLISON. Mr. President, this harbor at Michigan City has be made for this. had hitherto 526,000 for its improvement. We have fed it from year Mr. DAWES. I desire to invoke the sympathy of the Senate for to year and day by day for a. great many years; and now the engineer Massachusetts in this connection. My colleague and I ha.ve been estimates only $60,000 for continuing this work. We have given obliged to sit here and see Plymouth Harbor sacrificed to the spirit $35,000, and yet we are told that this is a destruction to this harbor which has animated the committee in bringin~ forth this bill, the at Michigan City. It is a mistaken statement. I will say to the Sen- first harbor in which a vessel ever entered freignted with anything ator from Indiana [.Mr. MORTON] that when we come to debate the valuable to this continent. and without which I do not see any pros- two next amendments I shall be ready to meet him upon that subject, pect of any more pilgrims ever landing upon this shore; a harbor and to discuss whether they are new works or old works. which needs the appropriation that was in the bill originally, and Let us take this bill as it' stands on each pa.rticnlar amendment. If without which the commerce of Massachusetts will serionslv suffer. this is an unjust amendment, vote it down. If the committee have My colleague and myself upon a consulta.t ion felt as if it we1:e due to not exercised a proper and wise discretion in making a fair reduction Massachusetts and dne to the commerce of that State and of the here, vote this amendment down. When we come to the next amend- country, a.s well as to the ever-precious memories connected with ments, if the Senator from Indiana wishes to assail them, l shall be Plymouth, to resist this attempt on the part of this c.ommit-tee to cut ready to defend them, and the committee will be ready to defend them. off entirely that appropriation ; bnt in consideration of the desire to Mr. MORTON. One word. All we ask in this matter is justice. I cut down the total appropriations to the lowest point, $5,000,000, we have no objection to the Senator's amendments, though t.hey are new did not think it worth while to destroy the harmony of this bill. Bnt works and thev are not in the bill as it came from the House and H, after having passed by Massachusetts, and Plymout.h with all its were not in the former bill. They are not necessary, therefore, to claims upon the consideration of this country, the Senate shall de- the harmony of the bill. No appropriation wa.s made for them last part from that spirit with which they set out upon this bill, 1 feel as year. What my friend means in talking about the harmony of the if it would be the duty of my colleague and myself to rally and move bill and striking this appropriation down for that purpose and putting a reconsidemtion of the vote of the Senate upon the amemlment in these two new items, I do not very well comprehend. All we ask strikin~ out every dollar of appropriation for that harbor. is to pre erve this appropriation as it carne fi·om the House and as it Mr. CHRISTlANCY. Allow me to ask a. question. I wish to know passed the Senate before. of the Senator from ?rlassachusetts whether the appropriation stricken Mr. WEST. As a member of the committee that reported his bill out was for the removal of Plymouth Rock f and having voted to agree to this amenended between the mouths of the down. illinois and Missouri Rivers and f2(l,OOO of which are to be expended between the foot of Dickey Islaniand the mouth of the Ohio River, and $5,000 of which are to Mr. SPENCER. That is on the Mississippi River. be expended between islands No. 14 and No. 15, near the town of Kaskaskia, llli- Mr. SARGENT. It is charged to Iowa, for Iowa is on the Missis- nois,) 1200,000. sippi River. .In other words, I object to what I might say are captions Mr. OGLESBY. Without desiring to interrupt the progress of the objections to a single member of the Committee on Appropriations. bill, for I have agreed with the committee in all that has been pro- Of course it was the duty allotted to the Senator from Iowa to report posed by it and am indisposed to do anything that shall fail to sup- this bill. It might have been, however, any other member of the · port them by the action of the Senate, I should like to ask the Sena- committee who, if assigned -to the duty, would have done the same tor from Iowa in charge of the bill if there is any objection to put- thing, and I presume then these remarks would have been applied to ting a clause in the amendment so as to restore it a-s it was when it him. As far a,s the committee generally are concerned, they consented passed the Senate before f I ask if there is any objection to striking most willingly and cheerfully to reduce the bill; in my own c.lSe I out the word "twenty" in the four hundred and forty-second line know it was so, and I know it. was so with reference to other members and inserting" thirty," so as to increase the amount to be expended of the committee. We had iron-bound instructions; we were told to between the foot of Dickey IsL'l>nd and the mouth of the Ohio River reduce the bill to 5,000,000; almost an impossible task, if you ex- from $20,000 to ·$30,000. It would not increase the total amount ap- pected parties to be atisfied; but I think the committee might at propriat-ed by the clause. The city of Cairo at the .southern extrem- least. have the credit of having done the best they could conscien· 1~76. CONGRESSIONAL RECORD-SENATE. 5077 tiously to carry out the instructions of the Senate. .AI3 far as the Sena- on this floor who is satisfied with the bill as it is reported, I will pay tor from Iowa is concerned, I know he endeavored to exhibit that a premium if he will stand up in his place and so announce. I have 3pirit in the committee. . always heard that when an adjustment was made by referees or by Mr. ALLISON. I desire to say one word in reference to the impli- arbitration or otherwise, which offended all the parties, it was a fair cations of the Senator from Alabama. .AI3 long as the Senator uses a adjustment. And, judged by that standard, I think this bill must be jocular method I do not particularly object to his allusions to me; a pretty fair one. but the matter is becoming rather serious, and I wish to say now to Now, sir, it is evident that we had to c.ut down the appropriations the Senator from Alabama, without stating what occurred in the com· in many instances. If, however, subject-matters were presented mittee or elsewhere, that I followed his appropriation at $300,000 to which may have been new, which carried with them such evidences the very last moment of time before it appeared in the Senate Cham- of merit as in the opinion of the committee justified an appropria- ber against what a good many other people thought was good judg- tion to them, the committee did not hesitate to make such appropria- ment about this matter. That is all I will say in regard to this ap- tion; and, with regard to the particular item now under consideration, propriation of his in which he claims that I have done him injustice. I can fully corroborate the statement made by the other members of Now let me turn tQ the State of Iowa. The{e is in this bill an ap- the committee, and especially a-s to the fact that the Senator from propriation coming from the House of $275,000 for an important na- Iowa who reports the bill hung on to the very last before he would tional work in the State of Iowa. I consented, as e.very member of consent to the reduction of the appropriation for the Tennessee the committee knows, to the reduction of that work from time to time. River. It wa8 only after the Senate was in session that the commit- When they wanted $45,000 off to bring the total within $5,000,000 I con- tee w~re withdrawn, and it was demonstrated that it was necessary sented to take it off that appropriation rather than disturb members that a considerable redqption should be made in order to bring the who seemed to have appropriations here tha.t were necessary. bill within the procrustean limits to which we were restricted by the So far as the improvement at the Rock Island Rapids is concerned vote of the Senate, that that appropriation was stricken down in or- I am reminded by the Senator from Indiana and the Senator from der to make it conform in amount to the other appropriations of sim- Alabama that there is an increase of $5,000. The engineer in charge, ilar character, to wit, the Fox and Wisconsin Rivers and the Kana- Colonel Macomb, wrote to the Bureau of Engineers, and I have his wha. River, all three standing on precisely the same ground so far as letter here, that $50,000 was the least sum that ought to be appropri- the general merits and purposes of the appropriation were concerned. ated for this great national highway, and I consented for the cut- Mr. SPENCER. I am very glad that the Senator from Iowa stood ting of that down time and time again until it came down to $25,000, by the appropriation for the Tennessee River. If he had followed although the House appropriated only 20,000 in the beginning. the suggestion I made to him I would have been better satisfied, Senators seem to take the position here that the House of Represent- however; but I am very glad to know it, and am very much obliged atives is immaculate on this appropriation bill, and that whatever to him. It :is very singular that some Senators on this floor are not comes here from the House comes here as the laws of the Medes and satisfied with this bill. Some Senators from some States have come the Persians, not to be changed by jot or tittle. I take it tha.t this off very well. I suggest that the two Senators from Oregon ought to appropriation bill is still within the discretion of the committees of be abundantly satisfied. Their appropriations are $100;000 more in thls Senate and within the discretion of Senators; and because it comes this bill than a-s it went to the committee. I cannot see why they here with a particular amount from the House of Representatives, should not be satisfied. I could mention some other States whose that is no reason why we should not exercise our own judgment and Senators I think ought to be satisfied. I should be satisfied if my say that it should be increased or diminished ; yet Senators claim State had fared as well. that we have done them injustice because we have felt compelled to Mr. MITCHELL. While it is true, as stated by the Senator from reduce appropriations in certain.-respects and also compelled to in- West Virginia, that there is probably not a Senator on the floor who crease other appropriations. When Senators charge this committee is satisfied with the bill, and certainly the Senators from Oregon, not- seriously with having done injustice to them, I respectfully submit withstanding the remark of my friend from Alabama, have more that they are doing injustice to the committee. right to complain of the bill as reported than a,ny other Senators I desire to say one word now about the Fort Madison improve- here, still inasmuch as the Senate a.ll this afternoon has agreed with · ment. It is an improvement in reality, not affecting the city of Fort the committee, has not overruled the committee in one respect, I Madison. It is an improvement made necessary from the fact that hope that not much more of the time wm be taken up by members of we have expended large sums of money in making a canal around the committee in explanation, apd that we shall be permitted to go the Des Moines Rapids, which has changed the current of the Missis- on and come to a vote. sippi River, as I explained the other day, by which two-fifths of it Mr. ALLISON. Not a word more. · ran through what is called Nicota Chute, and the Engineer Bureau Mr. MITCHELL. Oregon does COIJ.U>lain, I will say to my friend recommends that this chute shall be closed in order that the great from Alabama; Oregon has a right to complain of this bill ; and it current of the Mississippi River may be again turned into this is only because I believe that if we do not vote for the bill as reported • canal built by the Government of the United States at an expense by the Senator from Iowa we shall get no river and harbor bill at all of more than a million dollars. I have endeavored to keep from this that I am constrained to go for it. Speaking about Oregon, there is appropriation bill everything personal, so far as I could, and there- a report on file here now, a unanimous report from the Committee fore I reply cnce for all to these several statements with reference to on Trltil.Sportation, recommending an appropriation at the present local affairs. session of Congress of $250,000 to commence the work at the Cascades, Mr. DAVIS. I want to say this in justice to the Senator who ha-s and what does the Committee on Appropriations give ust The insig- charge of this bill. Up to the last moment he and otr~·~r Senators, he nificant sum of $90,000. But at the same time I am willing to forego especially, tried to save the $300,000 as it came from the House for the any disposition that I have to secure what is due to Oregon in order Tennessee River, and it was with the greatest reluctance that any to get the work started, and get some kind of a river and harbor bill change was made in that item ; but it had to be done to come within through. the $5,000,000 within which the Senate had instructed the committee The amendment was agreed to. to limit the bill. I presume hardly any Senator is suited with the The next amendment of the Committee on Appropriations was in I' bill. Certainly, with regard to the interests I have partly in charge, line 479, to increase the appropriation "for the construction of a canal I labored a-s hard as any one to try and protect them. There are a around the Cascades of the Columbia River, in the State of Oregon," number of improvements stricken out that I objected to striking out from 50,000 to 90,000. and voted against striking out in committee; but that could not be The amendment was agreed to. helped. The committee did their very best after many hours' labor The next amendment was after the word "dollars," in line 480, to to ~et a bill that would cover the whole ground as best they could. insert: It 1s true many of ns are disappointed, but I think as a whole we had Of which amount the Secretary of War is authorized to expend so much as, in better accept it. I hope the Senator from Alabama will not person- his judgment, may be necessary and proper to secure title and right of way for ally allude to the gentleman in charge of the bill, for I assure him canal and locks, not exceeding the sum of $10,000; and whenever, m the prosecu- that that Senator did his best to save his $300,000. tion of the said work, it shall have become necessary to obtain the right of way over any lands for the said canal and looks, the Secretary of War shall take possession Mr. WITHERS. !desire also to entermystatementhereof respon- of and use the said lands, after having purchased the same, or, in case the said lauds sibility for my proper proportion of this bill. I am as responsible for cannot be purchased for a reasonable price, then after having paid for the same, or it probably as the Senator from Iowa or any other Senator. The com- secured the value thereof, which vah1e may be ascertainec:r in the mode provided mittee to which this bill WM intrusted with instructions felt them- by 'the laws of Oregon for the condemnation of lands for public uses in that State. The Department of Justice shall represent the interests of the United States in any selves compelled to obey those instructions. In considering the bill legal proceedings under this act to obtain the right of way for said canal. and adjusting the appropriations under it, they did not conceive that they were required to conform to the House bill; for they, not very Mr. MITCHELL. I move to amend the amendment reported by unnaturally, concluded that if it had been the desire of the Senate to the committee by inserting after the word ''State," in line 493: have the House bill reported back they would have so instructed them, And jurisdiction to hear and determine such proceedings is hereby conferred on instead of instructing them to report a bill limiting the appropriation the circuit court of the United States for the district of Oregon, and no appeal shall to $5,000,000. The committee, therefore, felt themselves fully author- operate to stay proceedings. ized to reduce the whole of this bill and to adjust it according to Mr. CONKLING. I understand this proposition to be, not to author· their conceptions of right and justice. That they may have erred in ize proceedings known in all the States to condemn private property thus adjusting it I certainly am free to admit; but it has one element for public use, but to confer on the circuit court of the United States or indication of fairness to which I would ask the att.ention of the authority to do something. It occurs to me that there is no act of Senate, and that is that there is not a single Senator on this &or, so Congress under which the United States courts condemn private fa,r as I know, who is not dissatisfied with the bill. If there be a man property for public use. We have talked about that sometimes, but 5078 CONGRESSIONAL REdOltD-S:ENAT~. AuGUST 2, I believe there is no such thing. Th~re is a proceeding known in Mr. MITCHELL. Not by the United States, but there is a provis- every State by which for public buildings and for other purposes the ion made in the general incorporation law of the State of Oregon for United States proceeds to condemn and have assessed private prop- the condemnation of privatepropertyforpublic use where that prop- erty for public use. erty is claimed by a private corporation. That is the law of Oregon, Mr. SARGENT. Through the State courts. and the reason I offered this amendment at this time was because I Mr. CONKLING. A.nd ·do it through the State courts, the Senator had some doubt myself, and some other Senators had suggested the from California suggests. Now I want to know if merely by an same d•·. ubts-- amendment conferring on the circuit court power to do this thing, Mr. BAYARD. The public use is for the public use of the State Y there being no such act of Congress-- Mr. MITCHELL. Certainly. As I was about to say in order to Mr. FRELINGHUYSEN. Had the Senator from New York ob- finish my sentence, I had some doubt whether under that law prop- served what precedes the amendment offered by the Senator from erty could be condemned in that State for the use of the United Oregon- States. Which value may be ascertained in the mode previded by the laws of Oregon for Mr. BAYARD. I trust the Senate will pause long before they give the condemnation of lands for publio'uses in that St.l te- · their consent to the doctrine of this amendment. We have had the I suppose the object of that was to give the power to C()ndemn lands question raised in this body several times, and I am not aware that as to this·particular improvement. any decision ciUl be found for it. I am not aware of any judicial Mr. CONKLING. That sharpens my objection. I h~d that read, decision of the courts of the United States, and certainly there has and the fact that I seem to make myself so little understood is the only been no legislative precedent for any such claim of power on the part thing that leads me to doubt that I am right Let me see if I can of the Government of the United States. If you can MSume such a restate my position. right to condemn lands in intlit'Uin, what becomes of the right of emi- In the legislation of Congress there is no act that I know of con- nent domain which in all periods of the history of this Government ferring jurisdiction upon the national courts to proceed to condemn has been supposed to be vested in the States themselves T This ques- private property for public use in the States. Therefore there is no tion, grave as it is, and none can be much graver, ought not to be practice, there is no form of proceeding, there is no prescription of disposed of in this way by a chance amendment in an appropriation the mode in which such proceedings are to occur. On the other bill. If the Senat{)f will get from his State a condemnation of land hand, until now since there were States and since there was a Gov- under the State power and St.ate laws for the purpos~ of the United ernment, private property has been taken, assessed, condemned, the States Government, the cession may be made, and if it is then right title made over to the United States, under proceedings taken in the and proper for the interests of the Government to take the property courts of the States and .perfectly well known to the courts and to so condemned at the price awarded, it will be proper to do it; and. the jurisdiction. Now I inquire first, why it is proposed in this ex- then the Senator will have proceeded in the usual and ordinary way ceptional ca-se to attempt to clotbe the national jurisdiction with the for t.he purpose of acquiring title in the Government of the United. right to do this thing; and second, if that is deemed necessary, why Sta.tes to land within State jurisdiction. it is proposed in an amendment on the river and harbor bill by a mere The proceeding is very familiar. We have constantly obtained suggestion prescribing nothing as to thenumberofjurors, or whether sites for custom-houses, for post-offices, for forts, in which either the to be done by a jury or done by commissioners. It ha-s been held, I cession is made by the private owner as a matter of voluntary con- believe,in the States that an act requiring commissioners to condemn tract between the owner and the United States, which ha-s quite as property is constit utional, so that an appeal from the commissioners much right to buy as any other party, and after that is done there is be given on which appeal a trial by jury may be had, because that usually a cession of jurisdiction to the United States over the land preserves the theory of trial by jury. Here a court in w4ich such so purchased. But there are other caaee. I remember very well a proceedings are unknown, which has no practices, rules, forms, or case in my own State where there was a necessity for light-house statutes to govern it is in this case to entertain jurisdiction of this sites. An act of assembly was passed upon the suggestion of the thing, after you say in this amendment that it is to be " ascertained Government officials by which the Government could come in there "in the mode prescribed by the laws of Oregon for the condemnation and by regular notice cause lands to be condemned for its use; but of land.~ for public uses in that State." That implies, and I suppose I that was a statute limited, expressive of the subjects over which the may a-ssume, that there are in Oregon statutes, and that there is there jurisdiction wa-s to extend, and providing ·for the proper cession of a court under which this may be done. If so, I inquire why it is that the land to the Government after the condemnation should have been it is to be transferred to the Federal· courts, and if transferred why fairly made and the compensation awarded. That has been the regu- by an amendment so naked a-s this the attempt is to be made' lar course heretofore. Mr. MITCHELL. I must confess that I am very much surprised I subm.i t to the honorable Senator from Oregon that thiR is a new at the remarks of the honorab1e Senator from New York with refer- case witho.u.t precedent. I think no act of Congress can be pointed to • ence to this amendment; but before I answer anything that is said I in which such a proceeding as this has been wan·anted. I feel should like to inquire of him whether, in his judgment, the amend- friendly to the improvement, but I submit to him that a proper con- ment as it stands as reported by the committee is ample in all re- demnation of this property under the laws of Oregon should precede spects to enable the Government of the United States to obtain con- the application to the United States to take jurisdiction or pay for trol of this land and construct these locks ! . the land. · ,Mr. CONKLING. I cannot answer yes or no to that question, but, Mr. EDMUNDS. I had some conversation with my learned friend to be brief, I will refer the Senator to a discussion held in this Cham- from Oregon on this subject, and I understand from him, and of ber some time within two or three years in which I happen tore- course he knows, that by the laws of Oregon pi:i vate property can member as prominent the Senator from Ohio, [Mr. THUR.'\IA.N,] in only be taken for public use designated under the authority of the which the Senate considered t he propriety of framing a statute to State, such public use as the State has authorized to be made. There- en~ble private property to be condemned by a proceeding in the Fed- fore, ina-smuch a-s this public use has not been authorized by the State, eral courts, in the course of which discussion various queries, objec- this taking of private property, this provision to ascertain the value tions, and difficulties appeared. If the Senator from Oregon asks me in the mode provided by the laws of Oregon, standing alone without whether we have power to confer on the national courts authority to any tril)unal to carry it out, would have to be left to the State tri- condemn property, that is one thing. If he asks me whether this bunals. amendment on the river and harbor bill merely suggesting that they ·Mr. BAYARD. I do not understand that the State oi Oregon ha-s shall do it without any thing more, is a good or sufficient way of authorized the taking of land for public purposes of the United States doing it, I answer him upon my impression no. but simply for the State. Mr. KERNAN. I should like to ask the Senator from Oregon does Mr. EDMUNDS. That is exactly what I am saying; and there- he think that the Federal Government can by act of Congress take fore under the Jaws of Oregon an application to the State court must property in a State without the consent of the State t necessarily be rejected because the State court, even if we undertook Mr. CONKLING. That is one question for us. to confer jurisdiction of that kind, could not get jurisdiction against Mr. MITCHELL. That is one question that arises, of course. So private rights in my opinion under the laws of the United States and far as this amendment is concerned, I asked the Senator from New without the authority of their own laws. It would be just like a York whether, in his judgment, the amendment reported by the com- court of the State of New York or the St.ate of Vermont undertaking mittee was sufficient to enable the United States to get control ,of to execute the law of a foreign country. this property so as to construct these canal locks ' Mr. CONKLING. I wish the Senator would let me understand the Mr. CONKLING. Does the Senator mean the printed amendment f Senator from Oregon. Does he say ~hat there is no statute of Ore- Mr. 1\il',J'CHELL. I mean the amendment printed, the one re- gon under which the United States may take property for a public ported by the committee. building or anything else f Mr. CONKLING. To be frank about it, I had not looked at that. Mr. MITCHELL. I know of no such statute in Oregon. There is I answered from what I heard read at the Clerk~s desk. a general incorporation law providing for the condemnation of pri- Mr. MITCHELL. I thought from the remarks the Senator made vate property for public use. he had not looked at tl;lis bill and did not know its precise phrase- Mr. CONKLING. I su~gest that Oregon had better prepare her- ology. self to receive appropriatiOns for improvements. Mr. CONKLING. I heard the Senator's amendment read and spoke Mr. MITCHELL. When I say public use, I mean that use to which to that. a private corporation may desire to put property authorized by the Mr. BAYARD. I wish to ask the Senator from Oregon whether, by law of the State. t he laws of the State of Oregon, there is provision made for condemna- Mr. EDMUNDS. Thatbeingthe state of the law inOregon,Ithink tion of land ~n that State by the United States for t.his purpose f it must be perfectl.y manifest to everybody that under this amend- 1870. CONGRESSIONAL RECORD- · _HOUSE. 5079 ment as it stands no land could be got against the consent of the The SPEAKER pro tempore. The Journal will be corrected in that owner, if he did not choose to sell it at his own price: He could sto,~.> regard. . this improvement if it be one, ar.d I assttme that IS. Therefore It The Journal, as corrected, was then approved. seems to be necessky, if we are going ~o legislat~ ~th any effect, to SAILORS' HOME, SAN FRANCISCO. t ake some additional step. Now what IS the additional step! The amendmt~nt proposed by tb.e Sena;tor from Oregon conf~rs ~y Mr. PIPER. I ask unanimous consent that the Committee of the Mtatnte on the circnit court of the Umted States for that district Whole Honse on the state of the Union be discharged from the further jurisdiction to proceed for this condemnation. Then, as th~ Senator consideration of the bill (H. R. No. 269'2) to relinquish the title of the from New York very well inquired, how! We do not pomt out. a United States to certain property in the city and county of San code; but by reference to the existing co~e o~ Oregon applied t~ Its Fra.ucisco, California, and that the bill be now brought before the own condemnation we authorize the crrcrut court of the Umted House for consideration. . States, in conformity with that mode, and by just such meth?ds ~ Mr. WILSON, of Iowa. I desire to sta~ that w~en thi~ bill ~as the State does it, to appropriate the land. Then the q_nest10n _IS reached in Committee of the Whole I obJected to 1ts con~1derat10n. whether th~t is right. I do not see any ground to obJect to It,. Since that time I have looked into it and have become satisfied that bec.ause it would not be fair or just, for it i.s exactly the way that the bill is a proper one and should pass. other people do in the State. Then. is it C?nstitutional f It _has ~ee.n Mr. BLAND. I do not wish to crowd out any bills for which there discussed so much that I will not d1scUBS It any more. I believe It IS is unanimous consent. But if this bill should give rise to debate I myself· and I am informed, although I have not seen the decision, shall have to object to it. that th~ Supreme Court at it~ laat session here has de~ided ~at the Mr. BANKS. I reserve my right to object to the bill until it is read. authority does exist. Assnmmg that to be so, as I believed It to be The SPEAKER pro tempore. The Chair always reserves that right before, it appears to me that the amendmen~ of tb.e. Se~ator fr?m for every member, deeming it .b~t fair that th~ House ~oul~ ha"!e an Oregon is essential to take any step under this provt~Ion m the bill. opportunity to know what a bill Is before the nght to obJect IS waived. Mr. MORTON. The Constitution provides: The bill was read, as follows : · Nor shall private property be ta.lren for public use without just compellSI'tion. Be it enacted, &c., That all the right and title of the United. States to the fo~owing· described property is hereby relinquished to the citv and county of San Fra.nc1sco, the That certainly carries with it the implication that it may be taken same being the two fiftv va.r~~> Iota on which the old ma.rine-hospita,l building now stands, fronting two h~nred and s.eventy:fivefeeton the north side of Ha.rri~on street, for public use with just compensation. But in the. absence of th~t betweenSpearandMa.instreets,withaurufo.rmdepthof~nel?-undredandthirty-sev;en provision, is there or can there be an;y- doubt about Itt Is ~ot thts foot and six inches, as laid down on the offiCial mapofsa~d 01~, to peused b~ the.~tt_] taking of private property for public use the nec~ary ~Junct of and county of San Francisco solely for the purposes of a. sa.ilors home: ..rromaea, sovereignt.y T How can you carry on government Without 1t! If we said That if the same shall at any time be used for any other than the purpose afor~ or if said home shall not be opened within one year from the passage of this have a right to have a post-office an~ we caru;1.0t rent on~, we have a act, in each such case all right and title hereby relinquished shall revert back to, right to build one and we cannot build one Without buymg the land, and agl\in vest in, the United States. and if we cannot buy the land voluntarily, w_e have the right to take Mr. TOWNSEND, of Pennsllvania. Is this bill recommended by it. So with regard to a custom-house; so with regard to a fort; so any committee t with regard to any public building or public work whatever. If the Mr. DUNNELL. It is reported from the Committee on Commerce. Government has the right to make this improvement and the State. of . The SPEAKER pro tempore. Is t~e~ objec?on .to ~ischarging the Oregon does not furnish the land and the people will not voluntanly Committee of the Whole, and consi~enng this bill m the House at sell it the Government baa a right to condemn it for that purpose. this time! · That rlght follows upon the first right, that is, the right and power There was no objection. to make the improvement. The question w~ upon ordering the bill to be engrossed and read a One word further. Suppose the State of Orego_u hn.s no law b_y third time. · which private property can be condemned for public use; suppose It Mr. KASSON. I desire to call the attention of the gentl.eman fro:r;n will make no law· suppose the people will not give up the land vol- California to one fact. This bill proposes to con:vey the _title of this untarily· then th~ Government is powerless and can make no im- property to the city and county of S_an FJ:anCisco, whtch a~e two proveme~t because the Government cannot of its own right condemn different corporations, I suppose. I think th1s mode of conveymg the this prope;ty, Can that be so! What right has the State of Oregon title is altogether imperfect. to condemn the private property of the people of Oro~ou f?r the use Mr. HOLMAN. It seems to me it would be better to strike out the of the United States or for the use of the State of Califormn., or any words "and cqunty," so as to leave it "city of San Francisco." other power, or government, or corporation T Orego~ may provide Mr. PAGE. They are n.ll one. for the seizure of private property for State uses, anthonzed by a State Mr. LUTTRELL. It is a consolidated government. law but not for the use of the United States or for the use of some Mr. HOLMAN. Is it one corporation T oth~r State. It comes ri(7ht back to the point that if the Government Mr. PAGE. It is one corporation, known as "the city and county bas the right to make thi~ improvement. and cannot get this property of San Francisco." voluntarily it has a right to condemn It, and we have the power to Mr. RANDALL. This is really giving to the city of San Francisco confer on the courts of the United States the jurisdiction necessary public property, so far as I can understand. for the condemnation of this property. Mr. FORT. No, it is not. Mr. ANTHONY. We have got upon aques~on now that ~ay be Mr. RANDALL. Is not this bill subject to the point-of order that called the lawyer's delight. I can see the Revtsed Statutes gomg all req nires it to receive its first consideration in Committee of the Whole_f over the Chamber, and there are over thirty lawyers here, and each The SPEAKER p1·o tempO"re. This bill bas been taken up by unam- will take his five minutes. mous consent. Mr. FRELINGHUYSEN. I should like to sA.y to the Senator. from Mr. RANDALL. It is still subject to the point of order. . . Rhode Island as the discussion may come up again, that I Wish to Mr. LUTTRELL. I hope the gentleman will make no obJection. call attention 'to a decision of the Supreme Court at the October term, Mr. WILSON of Iowa. This bill was sent to the Committee of 1875, that settles this whole question in favor of the right of the Gov- the Whole and there considered; and it is now taken out of the Com- ernment to condemn. mittee of the Whole by unanimous consent. Mr. ANTHONY. If the Senator from Iowa will assent I will move The SPEAKER pro tempore. Upon examinatic;m of t~e Journa~ the to adjourn. Chair finds that this bill has already been considered m Commtttee Mr. ALLISON. I think we can finish the bill in :fifteen minutes. of the-Whole. Havin(J' been taken from the Committee of the Whole Mr. EDMUNDS. You cannot finish it in fifteen minutes. by unanimous consentof the House, without objecti?n at the time, Mr. ANTHONY. We cannot to-night pass this bill, evidently, with the Chair holds that it is not again subject to that pomt of order. this question. I move that the Senat~ adjourn.... Mr. CONGER. This marine hospital was built with money de- The motion was agreed to; there bemg on a d1 VlSIOn-ayes 26, noes rived from sailors. ~; and (at four o'clock and fifteen minutes p.m.) the Sena_te ad- Mr. LUTTRELL. Yes; from sailors. . journed. J • Mr: CONGER. On account of its peculiarity of construction it is nnfit for a hospital in that sense, and now it is as~ed that it _be t~ned over to the Sailors' Friends' Society and others mterested m sailors, it being no longer useful as a hospital. HOUSE OF REPRESENTATIVES. Mr. RANDALL. If erected for a hospital, then the greater wrong to devote it to any other PU!POse. . . WEDNESDAY; August 2, 1876. Mr. CONGER. It is asked that it may be used as a sailors' home, ' k p b th Ch la" Re equally beneficial and desirable to the sailor. The House met at twelve o cloc m. rayer Y e ap m, v. Mr. HOLMAN. I desire to ask a single question so that the real I. L. TOWNSEND. point may be understood. Do I understand from the gentleman.from The Journal of yesterday was read. Michigan [Mr. CONGER] that this hospital building was erected by CORRECTION OF THE JOURNAL. the Government out of funds given by the sailorsf Mr. BAKER of New York. On yesterday at the time myco11eague Mr. CO~GER. I do no~ mean t~at it was erected out of that fund. [Mr BEF.BE] s~bmitted a report from the majority of the Committee I mean to say that the sailors bemg taxed, formerly twen~ cents li on Expenditures in the Navy Department I submitted a report on month, and now for the la-st few years f?rty cents a mont upon a behalf of that committee. The Jonrna.l as ~ead makes no mention of their wages, there has been acc_umulated m th~ ~easury a. large ft?-nd t l..._.e mmon • ~" repo rt . "t.v I not used directly for the erect10n of thes~ bmldmgR;. but tJJ_ere lS ~, 5080 CONy, King, Knott, justify me in a.sking permi.ssion to say one or ·two words in refer~nce George M. Landers, Levy, Lord, Maish, MaoDou~all. McCrarv, Money, O'Brien, to what, in my judgment; has actually been accomplished. Oliver, Pa~e, Plaisted, Platt, Poppleton, Pnrman, .James B. Reilly, Roberta, Miles Ross, Sob1eski Ross, Sayler, Scnleicher, Schumaker, Soolye, Sheakle;v. Sparks; An investigation into the parliamentary history of impeachment 4 Spencer, Springer, Stenger, Stowell, Swann, Tarbox, Thoma.<>;.. Martin I. Townsend, will satisfy everybody that the lovers of liberty and of good govern- John L. Vance, Robert B. Vance, Wait, Waldron, Charles IJ. B. Walker, Alexan- ment, both in this country and in England, who took part in the der S. Wallace. John W. Wallace. Walling, Ward, G. Wiley Wells, Wheeler, formation of our Constitution, or in the defense in England of the Whitehouse, Whitthorne, Andrew Williams, William B. Williams, Wilshire, .Alan Wood, jr., Fernando Wood, Woodburn, and Woodworth-109. great principles upon which our Constitution rests, regard the right to impeach every executive officer for abuses of public trust, as long So the House refused to adjourn. as that person lives, whether in or-out of office, to be one of the great ORDER OF BUSINESS. safeguards of your constitutional popular government. · Mr. JENKS. Has the morning hour expired 7 The language which was current at that day would seem extrava- The SPEAKER pro tentpore. It has expired. gant if uttered upon this floor to-day by any member of this House. Mr. JENKS. I move, then, that the House resolve itself into Com- Mr. Burke, in his "Thoughts on the Cause of the Present Discontent," mittee of the Whole on the state of the Union for the purpose of con- volume 1, page 397, objecting to the sharing by the House of Lords in sidering the bill (H. R. No. 2803) to proTide for arrears of pensions on the executive powers of the government, just as some persons object account of death or wounds received or disease contracted in the serv- to~day to the usurpation by the Scna te of an undue share in the power ice of the United States since the 4th day of March, 1861, and for the of appointment of executive officers, says: payment of the same. The control of ?arliament in this way upon the executory power is lost, because The SPEAKER pro tempore. The gentleman cannot make that Parliament is made to parlake in every considerable act of government. motion. And he adds: Mr. JENKS. Then I move that the House resolve itself into Com- Impeachment, that great guardian of purity of the Constitution, is in danger of mittee of the Whole on the state of the Union. being lost. The question was takt:m on Mr. JENKS's motion; and on a division The wisdom and accuracy alike of that prediction is shown by the there were-ayes 54, noes 44; no quorum voting. events of this winter. Mr. Monroe, the very embodiment of common Mr. REAGAN. I call for tellers. sense, of caution, of moderation, a man who in public service had Tellers were ordered; and Mr. JENKs and Mr. HALE were appointed. been largely in the executive branch of the Government, in a work The House divided; and the tellers reported-ayes 84,noes 67. upon government, which he left to be published after his death as So the motion was agreed to. containing his maturest counsels to his fellow-citizens, says: IMPEACHMENT OF WILLIAM W. BELKNAP. The right of impeachment and of trial by th& Legislature is the mainspring of the great machine of government. It is the pivot on which it turns. If pre- Mr. LORD. I ask unanimous consent before the House goes into served in fnll vigor and exercised with perfect integrity every llrancb will perform CommitteQ of the Whole on the ataw of the Union to submit a repo~ its duty. 1876. . CONGRESSIONAL RECORD-ItOUS~. 5083 Now, Mr. Speaker, whatever may be the result of this trial to the Second. Did the mother of said Beardslee pay to said HAYS the sum of $3,000 to individu.a.l who has been impeaChed at the bar of the Senate, what- obtain said nomination Y As to,the first inquiry the committee report the following facts : ever may be the value to him of preserving the right to be a candi- Mr. HAYs had made several nominations from his district for the United States date for public office before his fellow-citizens hereafter, this great Military Academy which for various reasons had failed. constitutional power of this Honse has in my judgment been vindi- On the 4th of March, .A. D. 1874, (page 18,) and as the evidence tends to show after the adjournment of the Congress, the said HAYS nominated by writing the cated and pre~erved by the decision of the great constitutional court said Beardslee for an appointment as a cadet at said Military Academy from the said before which the charge was made and by the more powerful, more con~ressional district, and certified that said Beardslee resided in 1' Choctaw," in permanent, more august decision in the opinion of the American the 'county of Choctaw, State of Alabama," and that he had "been an actual bona people. fide resident of the district for over two years. I have been iD. a position to know by very extensive personal cor- ofAt the time such certifioo.te was made said Beardslee had never been in the State .Alabama, but then was in the city- and State of New York, iD which State he had l'espondence and conversation the opinion of large numbers of the always resided. The said HAYS delivered said certificate to one William Lilley, jurists of the country who are not at present engaged in political an attorney of the city of Washington, whose advertisements as to appointments life or animated by any feelings of partisanship in regard to either po- to West Point had attracted the attention of Mrs. Beardslee, (pages 23, 31,) who took it to the city of New York and delivered it to one Professor Charlier, who paid litical party; and I believe I have the right to affirm that, almost him 13,000 therefor, and was afterward re-imbursed by Mrs. Beardslee, the mother without any considerable exception-there are some exceptions-the of the said cadet. judgment of the profession of the law, of the bench, and the bar cor- On the back of said nomination is written, in the handwriting of said Lilley, responds with the judgment of this House and the judgment of the (pages 42, 45, 46,) "Residence Blayden Springs, Choctaw, .Alabama." (Page 62.) Mr. Lilley testified that he told Mr. HAYs that Mr. Beardslee "was abona fide Senate that the right to judge in cases of impeachment for abuses of resident of some spring (I forget the name) iD Choctaw County, .Alabama, and public trust is vested in the Senate on proper charges presented by then he signed the certificate." (Page 14.) the Honse, at whatever time in the life of the offender the offense Mr. John G. Stokes, who during the Forty-third Congress was the clerk of Mr. may be discovered or the .evidence of it be put in the power of the the HAYs's committee, testified (page 57) that he heard said Lilley tell HAYs that boy resided in Blayden Syringa, Choctaw County; also that he, Lilley, told public prosecuting authorities. the witness so, and that the Witness told HAYs so. That is the only question which is of importance here; and I be- Immediately after such certificate was given, said Beardslee went to the State of lieve the effect of this decision will be that for a century to come Alabama for the pu"'lose of obta.i.uing a residence. there will not be in the history of this country a repetition by a Cabi- saidOn his way, as advl.Sed by Professor Charlier, he stopped at Washington to see Lilley. (Page 27.) He was asked to sign a certificate in blank and to procure net officer or other high executive official of such offenses as have his mother's signature also in blank, which was afterward fa.lselyfilled up by said been disclosed and prosecuted in this trial. This Honse without dis- Lilley by inserting that said Beardslee had actually resided iD the fourth congres- tinction of party and this country without distinction of party may sional district of .Alabama for six years and eight months. Said Lilley also wrote be grateful to the persons who have set in motion the mechanism fm; ader letter for said Beardslee to copy and sign, directed to the Secretary 'of War, un- date of March 5, 1874, ill which he makes said Beardslee state "my residence punishing this offense, and to · the House of Representatives who, is Blayden Springs, Choctaw County, Alabama." (Page 63.) whether the particular sentence has received the support of two- In the written statement prepared and signed by Mr. HAYS, and verified by him thirds of the other branch or not, have made it impossible almost under oath, he states three times that Lilley told him t hat Beardslee lived in that these offenses should be repeated. Choctaw County, Alabama. His last statement relating to it in such previously prepared statement is, "I remember distinctly asking nim where the boy lived Mr. LORD. I ask unanimous consent that the gentleman from and he replied, 'In Choctaw County, ' .Alabama_,-' (Page 46.) New York [Mr. LAPHAM] may be beard on behalf of the management In his oral statement (page 47) he states that Lilley told him that Beardslee lived for a few minutes. in Chocta.w, Choctaw County, .Alabama. On "Rage 48, after stating that he did not Irnow that Lilley wrote on said nomina. There was no objection. tion1..' Residence, Blayden Spring~! Choctaw, Alabama," he is asked: Mr. LAPHAM. I desire, Mr. Speaker, to detain the House for but "~uestion. Do you mean to testify that he made any other memorandum ¥ a moment. It is very far from my desire or purpose to question the "Answer. None that I remember of. · integrity or sincerity of the action of any Senatior in voting upon the "Q. I mean any other memorandum. than the one on the b'\Ck of the paper. "A. No, sir; not that I remember." final question of" guilty" or "not guilty" in the case of the late Sec- The nomination, it will be borne in mind, reads as to resiclence, Choctaw, ill the retary of War, Mr. Belknap. But in view of the extraor~ary posi- county of Choctaw. · Mr. HAYs, so fnr from sayiil"' this was an tnadvertence, ill tion taken by the Senators who voted "not guilty," as adverted to in contradiction of all the evidence, affirms that 'til.fey wrote it on a piece of paper the report which the chairman of the boaL"d of managers has just and handed it to him. At page 49 Mr. H.us is asked: made, I desire for a moment to call attention to a striking fact pre- "Q. What led yon to write in this certific:Jte Choctaw, iD the conDty of Choc· sented by the record in this case. ta.wf On the 7th of June last the Senate, after bearing discussion on the "A. I gut it from the p:l>peT that Lilley handed me; that is the way I came to part of the counsel, retired in secret for the purpose of consultation, write it. I should not have written it there if I had not believed that there was I• and unanimously, so far as I can learn, (for there is no dissent appar- such a place." The evidence discloses that there is no such place as Choctaw. in Chocmw County. ent upon the record,) agreed upon this order: Mr. HAYs is a-sked, (page 48 :) "Q. Is there such a place as Cboct.'l.w iD Choctaw County, Alabama 7 Ordered, That upon the 6th of July, 1876, at one o'clock p.m., the Senate sitting "A. No, sir. Iurulerstand that there is not. I didnotknowit, however, at that as a court of impeachment will proceed to hear the evidence on the merits of the time." trial in this case. · THE INTRODUCTION OF MR. HAYS .AND YOUNG BEARnSLEE BY Lll..LEY. On the 6th of J~ly, in pursuance of such order, the Senate ~;Jntered Mr. Lilley affirms the entire innocence of Mr. ::iuYs; that he (Lilley) deceived upon the triaL The Senators who have at last voted "not guilty" him as to the residence of BAardslee, and that Mr. HAYs believed the boy was llil were present most of them-at times, I may say, all of them-and actual, bonajiiU resident of his district. (Page 13.) · participated in the conduct of the trial. · They voted upon questions The evidence of young Beardslee has satisfied the committee that he was entirely · sincere of the reception of evidence; they took part in the entire proceed- he should go from the State of New York after his nomination andtoreside in the belief that it was snfiicient to obtain admission West Point t.hat in the St..'tte ings and beard the argument of counsel both on behalf of t.he managers of Alabama sixty days. Assumillg equal integrity on the part of Mr. HAYS, it is t and on behalf of the accused. Now, at last when the final vote is evident that should they be introduced so as to know each other and the relations taken, they occupy to me the anamolous position of saying" All this in which they st{)(>box, Thomas, .Ma.rtin L Townsend, Washington Townsend, TRANSFER. OF INDIAN BUREAU. John L. Vance, Robert B. Vance, Waldron, Charles U. B. Walker, Alexander S. . Wallace, John W. Wallace, Walling, G. Wiley Wells; _Wheeler, White, White- The House accordingly resolved itself into Committee of the Whole, house, Andrew Williams, William B. Williams, Wilsni.re, :Alan Wood, jr., Fer- (Mr CLYMER in the chair,) and proceeded to the consideration. of the nando Wood, and W oodworth-122. special order, being the bill (H. R. No. 2592) to transfer the conduct The SPEAKER p·ro tempore having resumed the Chair, Mr. CLYM~ of Indian affairs from the Interior Department to the _War Depart- reported that the Committee of the Whole on the state of the Union ment. · having found itself without a quor1110, he had directed the ron of The bill was read. members to be. called and now r~ported the names of the absentees Mr. COOK. I yield the time to which I would be entitled to the to the House. gentleman from Mississippi, [Mr. LAMAR.] The SPEAKER pro tempore. If required, the Clerk will read the Mr. JENKS. I raise the point that this bill has already been passed. list. of absentees. The CHAIRMAN. The Clerk informs the Chair that such is not the Mr. BAKER, of Indiana. Will those who were absent at the time fact. A similar bill has been passed bythe House, but tbi~ partieula.r the roll was called be now :permitteernment f I desire to give a single example, which is th~ passions of the other as the servants of its partisan and mischiev- typical of the geP.~rf'ol coijd~tio:Q t~at I am ~ryini to illustr~te. on& purposes, This (len~alized party orian.i.zatioh, forming as I said • • 5088 CONGRESSIONAL RECORD-HOUSE. AUGUST 2, no part of the Government, yet fastened upon it, intrenched in its ministration which supports him itself is in every moment of its ex- interior departments, extending and ramifying its net-work of selfish istence breaking them to the hope. While the republican candidate power and dishonest influence to the remotest points and the obscurest declares thn.t there shall be no appointment as a reward for party neighborhoods of the Union, garrisoning with an army of 100,000 service and no removals for party disservice, the Administration is office-holders :111d a reserve of another 100,000 expectants every De- eliminating from its own organization every element of reform that partment, every post-o:f;Uce, and e.very custom-house in the land, .t~mpt­ has by the mutations of appointment found its way there. ing men from honest mdustry mto the dependence and servility of But there is an avenue of reform, available and effective, which a office-holding and office-seeking, wielded by a single will into unity change of parties will open. One of the greatest sources of the abuse of purpose and concert of action-this monstrous perversion {)f pop- of patronage and the coiTuption of administration is to be found in ular liberty is the great and insuperable obstacle to the reforms which the enormous revenues and expenditures of Government, making nec- the people demand-:md which threatens to make this Government essary this extravagllnt number of officers and agents to collect this in all its departments the instrument of an irresponsible :111d despotic revenue and dispense these expenditures. A system of ~trenchment and reform, cutting down the revenues and expenditures to the most po;::,· sir, this, while it is the chief obstacle in the way of the harmo- nious co-operation of all the elements in favor of reform, is not the economical needs of the Government, would at once deprive. the Ex- ecutive of a large percentage of this patronage. To that policy the only one. There are thousands of voters too honest to flatter power, too democratic party is not only pledged, but it has signalized its p'\st independent not to speak their condemnation of its abuses, and brave administrations by a faithful adherence thereto, as a comparison of enough to unite in the effort to overthrow their own party for the democratic administrations with that of the party now in power will good of the country, who yet hesita-te, in view of the uncertainty and abundantly demonstrate. responsibility attaching to the next step. They are reluctant to a{}- Sir, the objections which the people of this country have hitherto cept and co-operate with the democratic party as the instrument for bad to the re-ascendency of the democratic pa.r ty have never grown inauiYurating the system of measures which good government de- out of its administration of the fiscal concerns of this Government. roan~. Their objection to such a course is based on the apprehension They a,re based upon its use of the powers of this Government for that an improvement in the public service and reform in the methods what was supposed to be the maintenance of the interests of the of administration cannot be guaranteed by a mere change of party slave-holding sections of the country. All the lawless usurpations rela.tionst by bringing the democratic party into the administration and misuse of powers of government charged against the democratic from whwh the other party has been expelled, with the same system party have reference to those subjects and to those alone. Upon all at work, with the same amount of patronage, subject to the same other subjects, and in all other interests, when the democratic party tendencies, with the same control over its vast machinery, and ad- surrendered the Government into the bands of their opponents, it dicted, as they charge, in the past periods of its power, to the same was, in the language of one of its most eminent men, without a stain use of the patronage in its hands. upon its honor, matchless in its splendor, incalculable in its strength, Sir, whether this apprehension be well-founded or not, there is one the wonder and admiration of the world. The power which the na· consideration touching this subject which should not be overlooked. tion showed in the great civil conflict, its resources of men and mate· It practically gives up the demand of the people for a reform in their rial, its vast appliances, manufacturing, mechanical, and commercial, Government. It is a virtual abandonment of the struggle. For though were but the rich harvesting of a period of sixty years under demo- it may be possible or probable that the change of party may not in- cratic rule out of seventy of the country's existence. sure this reform, it is unquestionably certain that no change at all But, sir, there are other influences still more controlling which ob· will end all hope of reform. Sir, it is utterly impossible that the re- struct the tendencies of the people to change their administration forms desired can be effected by continuing in power the party whose of government. One of them is the apprehension of a large class of debasement of the civil service of the country and corruption of its voters that the presidential election involves not merely questions administration is the thing to be reformed. And the reason is ob- of a.dministra.tive reform but political principles of vital importance vious. This result arises from the fact that such vicious tendency is to t;he country. They believe that the great social and political trans· the predominating influence, the strongest principle of the political formations in the South which have resulted from the war of secession organization which controls the Government, while the counteracting should be guaranteed a successful and peaceful working undisturbed element of purity and reform is weak and subordinate. by adverse influences. And they fear in the ad vent of the democratic If this be so, if the controlling spirits of a party organization be party to power an influence unfavorable and dangerous to their those who represent its worst tendency, if they n.re the men of ac- stability and permanence. These misgivings, ba-sed upon their esti- tion and resolution, aggressive and dominant; while those who rep- mate of the past career and purposes of the democratic party, are resent the other element are passive and inactive, acquiescent and strengthened by the fact to which they point, that the people of the submissive, it is utterly impossible that such an organization should South are uni~d against the party which established the new order reform itself by its own inherent and self-evolving energy; as im- of things and in support of the party which opposed it, thus threat- possible as it is for an insane mind to restore its own rea-son by its ening the re-establishment of that southern sectional domination so own will. In addition to this, the success of this party at the polls repugnant to the sentiment and the purposes of the northern people. will of itself give immunity to the corrupt practices which are the They t.berefore are not prepared, for the sake of correcting the dis- subject of such universal condNnnation. If the people of this coun- orders of administration, to peril the newly established condition of try, at the ballot-box, in view of the great evils complained of, in things by placing it in the bands of those who were originally in- view of the issue made against the present Administration and the imical to its institution. bold acceptance of tha.t issue by the Cincinnati convention, decide or Without qnestioningthesincere acquiescence of the democratic party indicate their feeling that they have other objects paramount to that in the changes wrought by the constitutional amendments, they do not of reform, such !tction is equivalent to a ratification of the existing regard that party a~ sufficiently ident.ified in its views and purposes system in all its enormity and closes all opportunity for overthrow- with the objects of those amendments to guard them against the dan- ing it. To say, then, that by a change we have no a-ssurance of a better ~ers of reactionary movements. They consider the supervision and st!tte of things, is the policy of despair, of abnegation. It is the sur- mtervention of the Federal authority as necessary to the exercise and render of liberty to power which Webster and Calhoun contemplated protection of the rights which these amendments guarantee to the with such pungent apprehension. newly enfranchised race at the South, and that should the democratic On the other hand, if this great republican party with its imposing party succeed, this necessary supervision will be withdrawn. achievements of the past is hurled from power by the American peo- I have attempted, Mr. Chairman, to state these views fully in order l ple on account of the abuses of its civil service, on account of the that the southern people, the people whom I in part represent here, practice of using the patronage of the Government for the purpose of shall be fully apprised of t.he precise character and force of the pub- consolidating party strength and controlling elections, such a defeat lic opinion which bears upon their present condition and their future for such a cause will of itself inflict an incurable, if not a mortal, destiny. I shall endeavor as a representative of the South to appre- wound upon this pernicious system. It will of itself give to the suc- ciate the value of these grave apprehensions. In doing so I shall cessors in power a practical warning of a like fate if they pursue a speak as one who feels that he represents in part a people who even like policy. These will come in holding their newly acquired power in their desolation are no unimportant element in the national life; under a tenure of office, which tenure is an abstinence from the courses who have ::tecepted with manly sincerity the changes which the war of their predecessors. has brought; who know that they have the confidence of the country I do not overlook or undervalue the declarations of the republican to regain, but. who are assured that, with a fuller and truer knowl- candidate for the Presidency. I believe they are sincere. I applaud edge of their condition, their motives, and their purposes, to which it the sentiments and honor the author. But their significance must be is our duty here to contribute they can claim and will receive, that measured, not by what he is willing to promise as a candidate, but restored trust and affection which can alone bind the great sections by what be will be permitted to perform as a President. Sir, rarely of this Republic in the unity of the spirit and in the bonds of peace- in history have we seen the man who has the courage and resolution that peace which in these days of miserable discord almost passeth to put down the exacting tyranny of his own party, to impose upon the understanding. it the impress of his own will, to infuse into it a higher life and say I believe the apprehension growing out of the united southern sup- to the selfish and ambitious politicians who had chosen him as their port of the democratic party is wholly unfounded and should not tool, "Behold your master." stand in t.he way of the aspirations of a great people for progress and The character and fixed policy of the party of which be has con- reform in their Government. The idea that the South under any sented to be the representative, the influences which are now com- combination of parties will ever again obtain the control of this bined in his support, are in direct oppos~tion to those declarations. giant Republic and wield its destinies against the will o{ Uo& mightY, 'Vhile these promises of the candidate are held out to the ear, the Ad· people is of all ideas the most visionary and hasele . ~ • • 1876. CONGRESSIONAL RECORD-HOUSE. 5089 Sir, if such an idea ha8 any effect whatever with the Nor~h, no such that party into opposition, makes them now the safest custodians of hallucination inflames the imagination of the South. The southern those very innovations which by the vote of the people have become people are a prostrate people. They have been defeated in, war, and established parts of the Constitution itself. they have been made to know and feel that the sacrifices, the humil- Now, sfr, is there anything in the relation of the democratic party, iation, and helplessness of defeat are theirs; while the North have to this subject, o,r its creed, or its past conduct which would justify reaped th_e rich results of a victorious war, and have interfused them any such apprehension f Its reluctance to adopt the measure referred into the very elements of the national life and constitution. Their to has simply been a little later tha.n that of the republican party. institutions, political and social, have been destroyed as completely as Its advocacy of slavery and all its incidents, its pledges to the exer- if an earthquake had overwhelmed them; their agri~nltural industries cise of the powers of government for its protection where it existed, are disorganized; their fertile soil sterilized by an all-devouring taxa- was simply maintained for a short period after ite republican oppo- tion; their educational institutions languishing; their population im- nents changed their policy. poverished and so inferior in numbers as to place them in every depart- Events have galloped upon this subject and both parties have ment of the Government in such a hopeless minority that, so far from been more or less the subjects of prodigious revolutions of sentiment. ruling the interests of other sections, they are impotent to protect a It was but a short time since, in 1861, that a republican House of sin~le interest or right of their own. Representatives by a large majority adopted resolutions in favor of Srr, even if such a dream were in their mind, the occasion for it is the enforcement of the fugitive-slave provision of the Constitution gone. The conflicts in the past grew out of questions connected with and called upon the States to enact laws for remanding all fugitive slavery, its area, and the maintenance of its constitutional right, slaves to their condition of servitude. It was but a few days prior its political privileges, and its property interests. These questions to the publication of the proclamation of emancipation that the have been eliminated from the problem of American politics, and illustrions author of that historical document declared in a pn blic let- with them have gone all the passions and antagonisms to which they ter that he would be in favor of establishing slavery if the doing so gave rise. Noris there anyinfiuence or incident connected with their would save the Union. It was but a short time previous to the in- present condition which makes them not fully homogeneous with the corporation of these great amendments into our Constitution that whole American people; nor anything, except harsh and ungracious State after State in the North by overwhelming popular majorities a.dministration, to prevent their sympathy and identity with the in- recorded what seemed to be an inflexible hostility to granting to this terest and destiny of the American nation. She feels that she must newly emancipated race any of the rights of citizenehip. As late as be either part of the nation or its province; must be part of the Gov- 1865 the most distinguished war governors of the North were nn- ernment or held in duress under it. With her people national patriot- eq ui vocally opposed to _the policy of incorporating the four millions of ism is a philosophy, a moral and political necessity. To obey the ema,n cipated slaves into the political system of the country and in- laws of their country and to recognize its authority over themselves vestinu them with citizenship and the right of votinu. and their society as a mere matter of force and compulsion and fear, I will. next address myself to the objection that the accession to would be, 3>8 they well know, degrading to their character. As south- power of the democratic party will suspend the habitual surpervision ern men, they know that to keep np the high moral standard of a by national authority over the conduct of affairs in the Southern high-spirited people obedience must emanate from patriotic love and States1 and that such a suspension of that supervision and interven- not from ignoble fear. Their very sectionalism, which has hitherto tion will involve great peril to the enjoyment of the newly acquired tended to insulation, now identifies them with the national life and rights of the race recently enfranchised in the South ; and that the makes them cultivate that wider and broader patriotism which is co- republican party, with all its misconduct and misgovernment, is still extensive with the Union. They have no aspirations not bounded by an evil necessary to be endured for another presidential term in the horizon of that Union, no purpose adverse to the national in- order to secure these rights and the conditions upon which they are l!!tincts, no scheme that looks t.o the disturba.nce of the elective fran- based. chise as it exists in the Constitution. Sir, I ask a patient, charitable consideration of the reply which it In acting unitedly with the democratic party they are simply obey- is my duty as a southern Representative to make on this subject. ing the imperative law of self-preservation. It is not that they de- I think, sir, if gentlemen will accompany me into an examination sire to reverse the policy of this Government as fixed and fortified in of the causes which produced the present condition of things in the the fundamental law by the victorious forces of the Union, but sim- South, they will find that it does not grow out of any natural or -.._ ply because they desire to escape from the practical grievances and necessary conflict of race or any desire to abridge the rights, politi- sufferings which the hostile and oppressive policy of the republican cal or personal, of any class of American citizens. party brings upon them. The first to which I would call attention is the sudden incOl'pora- No, sir; the great constituency of a democratic administration, as tion into the political system of the South of an element, not only in- must be seen by consulting the statistics of population, will be na- congruous with the political habitudes of our people and ~o the estab- tional, and not sectional. The President will be a citizen of the lished conditions of their old society, but impossible except through State of New York. The Vice-President will come from the migl.Jty time and education to be raised to that level of ordinary citizenship West. The public sentiment which will be brought to bear upon its to which a century's training of freedom has elevated the white citi- cpnduct of public affairs will come from that quarter in which the zen of the country. The magnitude alone of this new element, physical and political power of the country so overwhelmingly pre- 4,000,000 of people made citizens, 800,000 of them voters, made snoh ponderates, t.hat which is the seat of population, commerce, the me- in the twinkling of an eye, was of itself sufficient to shock and shat- chanic arts, and all scientific and material development. All the ter the political order of any community on earth. South can hope for is such an influence as moral and intellectual ele- Mr. Chairman, but a short time since when it wa-s proposed to ad- vation will give ·her Representatives and a representative share of mit the distant and sparsely settJed Territory of New Mexico into our •t the benefits and responsibilities of the common Government, accord- ing to the measure of her resources and population. Equally unfounded, I think, sir, is the apprehension that there- Federal community of States, the distinguished gentleman from Mas- sachusetts, [Mr. HoAR,] who addressed the House to-day so impress- ively and so earnestly, objected strenuously to the measure upon the • sults of the war as embodied in the Constitution are unsafe in the ground that that feeble population of 120,000 inhabitants, largely hands of the democratic party. Whatever may be the future ad- composed of Mexicans and Indians, because they could not read or • ministration of this country, freedom, citizenship, and suffrage are established institutions, embodied in the fundamental law, recog- speak the English language, was disqualified to exercise the priv- ilegea of citizenship1 and ebould not therefore be admitted into the ' nized in all statutes, Federal aud State, enforced by courts, accepted community of Amencan States. and acted on by the people. To say that these conditions will be Mr. HOAR. My point was that a community made up of .such peo- periled by trusting them to the party which opposed their original ple ought not to be admitted a-s a State; not that the individual establishment, is to contradict the philosophy of history; and if should not be allowed to exercise the rights ot citizenship. acte4 upon would in every free government keep the administration Mr. LAMAR. Did the gentleman understand me as saying that f of its affairs always in the hands of one single party. There has not :Mr. HOAR. The gentleman used the phrase that such persons were been a single great measure in the constitutional history of England, disfranchised or should be disfranchised from exercising the rights not a single great reform which after its establishment by one party of citizenship. was not in the course of time, and a very short period, placed in the Mr. LAMAR. No, sir; the gentleman puts into my month a word hands of the party originally· opposed to it. Repeated instances which I did not use. might be given ; indeed no instance to the contrary can be found. Mr. HOAR. I so understood the gentleman. The repeal of the corn laws, the great measures for law reform, the Mr. LAMAR. I repeat my proposition, The gentleman's ground, more recent measures of parliamentary reform which brought En- as I understood, was that a body of that sort composed of people _gland to the verge of revolution and came near sweeping from the speaking the Spanish language (not because they spoke that lan- English constitution the House of Lords, where the tory party had guage, but because they could not read or write the English) was as its greatest strength, have by the suffrages of the English people a body unfit and disqualified, or rather unqualified, to uischarge the over and over again been placed in the hands of that tory party duties of American citizenship, and therefor~ as a community should \ with perfect confidence of security. Indeed it is considered the very not be admitted into our Federal system. highest policy, after securing reforms adopted and pushed by the Sir, but the other day a distinguished Senator from the Pacific. party of progress, to mature and consolidate them by placing them coast made a most striking protest against the further immigration in the hands of the party of conservation and opposition. The demo- of Chinese into the community there, and still more recently both cratic party, when these measures were proposed, stood by the in- parties seemed to be vying with each other as to which should go violability of the Constitution and opposed them on that account. furthest in preventing this admixture of the Mongolian race with But this very ~rinciple of devotion t.o the Constitution, which forced ours. To illnstrate the disturbing force of this measure, let us sup- 5090 CONGRESSIONAL R:ECORD-HOUSE. , AUGUST 2, pose that in the six New England States and the States of New York ored Senators and Representatives Con~ress; I have no doubt vou will find men and New Jersey, whose population corresponds most nearly to that in the North who will be willing to sit bes1de them and will not think themselves degraded by so doing. I have nothing to say to this. I am simply discussing the of our Southern States, in one night 4,000,000 of una"(}cnstomed, incon- political effect of it. In every State where t.liere is a. colored State government a gruous population, such as MeXIcans and Chinese, should be incor- negro f~r governor and~ negro_ for .supreme judge, white emigration will ceruie; porated into the political system of those Commonwealths, and by there will be no more white eiDlgration to an.y such State. You cannot find the some paramount power outside of those States should be so compacted that most ardent anti-slavery ms>.n in Wayne County who will go and locate in a St.ate has a colored State government. together as to gain control of all the departments of thoir govern- ment, of all the offices, all the institutions, State and municipal-in Now, sir, why ascribe to the conduct of the people of the South this a word, invested with the entire sovereignty of their body-politic, I exclusion of emigration when here is predicted beforehand the result a.sk yon would not the reposo of society be disturbed; would not all of the state of things which have occurred! Here is his conclusion: assurance of law, of healthful industry, of business arrangements JUid I submit, then, l~o'!ever cl~rly and strongly we may admit the natural right of investments-would not all confidence give way to dismay and per- the negro-I subm1t 1t to the mtelligence of the peopie that colored State govern- ments are not desirable; that they will bring about results that are not to be hoped plexity, to restless fears, wild passions, and bloody scenes! Why, for; that finally they would threaten to bring about, and I believe would result in, air, the more splendid their political civilization, tho more complex a war of races. their system of laws, and the more perfectly adjusted their social and Those are his predictions in 1865. Now what is his remedy t Here economic forces, and the higher the moral tone of their society, the it is: more hideous would be the ruin and the more refined the agony of the If I had the power I would arrange it in this way: I would give these men a. people subjected to such a catastrophe. . proba?on and pr~para~on; I would give~em time to ac9.uirealittleproperty and But the caBe as supposed is not aB strong a.a the caBe which actually get a little education; time to learn somethmg about the sunplest forms of busine88 occurred in the Southern States. The 4,000,000 of people who by and prepare themselves for the exercise of political power. a scratch of the pen were made citizens and crushed into our politi- Well, sir, that looks amiable and friendly toward these men. But cal system, the 800,000 voters and office-holders and legislators and why put them under this syste;n of probation! For the benefit of magistrates, ha.djnst emerged from the immemorial condition of slaves. the race f In order to elevate them t That is not the motive which This fearful experiment WS\8 regarded by thinking men all over the upon that occaaion be declared. Here is what he says: world with the profoundest concern and misgiving. It was viewed At the end of ten, fifteen, or twenty years- with disfavor by a large majority even of the republican party. Its most able and its most extreme leaders looked upon it as committing ten, Sir, that time has not elapsed. What would he do at the end of society to the sway of ignorance, servility, corruption, and tyranny; fifteen, or twenty years f and such was their sentiment until the conflict of the republican party their At the end of ten, flfteert, or twenty years let them come into the enjoyment of political rights. with President Johnson and one other cause, which I sh:l.ll notice be- fore I ()lose, seemed to sweep away every consideration of reason and Why thent justice. In 1865, the year in which there was in the South certain By that time these States will have been 80 completely filled up by emigration legislation which h38 been the subject of much denunciation of the from the North and from Europe that the negroes wiU be in a permanent minority. South a.nd the occasion and excuse for tho oppressive ttnd humiliat- There is his devotion to the colored race! Keep them ten, fifteen, ing methods which have been applied to her people--I say in that year or twenty years ont of the enjoyment of their po1itical rights, until Mr. 0. P. MORTON in a message to the Legislature of Indiana used under the influence of immigration the negroes shall be in a perma- the following language : nent minority! It is a fact 80 manifest that it should not be C.'\lled in question by any that 11. Mr. GARFIELD. At what time of the year was that speech deliv- people who are just emerging from the barbarism of slavery are not qualified to ered f become a part of our political system and take part not only in the government of Mr. LAMAR. September 29, 1865. themselves and their neighbors, but of the whole United States. Why would they be in a permanent minority f So far from believing that negro suffrage is a remedy for n.ll of our national ills, I doubt whether it is a remedy for any, and rather believe that its enforcement by Because the negroes have no emigration, nothing but the natural increase; w bile Congress would be more likely to snbject the negro to a merciless persecutJ.on than we....; to confer upon him any substantial benefit. He actually identifies himself with the whites of the South. B:y Home it is thought that suffrage is already cheap enough in this country ; antl A MEMBER. He was a white-liner then. the unmedia.te transfer of more than half a million men from the bonds of siavery, with all the ignorance and the degradation upon them which the slavery of gener- Mr. LAMAR. He goes here further than the white-liners- ations upon southern fields has produced, would be a declaration to the world that While we have emigration from all the world and natural increase besides. the exercise of American suffrage involves no intellectual or moral qualifications, and that there is no difference between an American freeman and an American He would put them nnder probation and keep them out of their slave which may not be removed by a mere act of Congress. rights, as he calls them, ten or fifteen or twenty years; by which [Here the hammer fell.] time they will be in a permanent minority, and there will be no dan- The CHAIRMAN. The time of the gentleman has expired. ger of a war of races, because they cannot elect their own people. :Mr. GARFIELD. I ask that the gentleman's time may be ex- Thua by postponing the thing- tended, hopin.~ that the same courtesy may be granted when the Said he-- t other side shall aBk to be heard. only to such times as the negroes are qualified to enjoy political rights, the dan- The CHAIRMAN. If there is no objection, the gentleman's time gers I have been considering would have fully passed away. Their influence will be extended. would no longer be dangerous in the manner I 'have indicated, and a conflict of There wa.s no objootion. races would not be more likely to haypen than it now is in Massachusetts. In Mr. LAMAR. Now, sir, in a. speech which this gentleman made in Massachusetts the negroes have exerCised political rights for twenty-five years, and yet there has been no disturbance there, no conflict of races 7 Why! Because Indiana before these people became invested with any political rights the negroes have been in the minority. here is his language : I ask, sir, to append the contin nons extract to my remarks and one I believe that in the ease of four million slaves just freed from bondage there also from Governor Andrew, of MaBsachusetts. should be a \)eriod of probation and preparation before they are brought to tne exer- cise of political power. * * * What is their condition f Perhaps not one in five Now, sir, if this terrible prospect struck this distinguished states- hundred-! might say one in a thousand:-ean read, and perhaps not one in five man in Indiana with such alarming effect what must have been the hundred is worth $5 in property of any kind. shock to the people of the South upon whom the thunderbolt fell f Now, sir, notice the language of Mr. MoRTON in the following sen- If he foresaw this terrible avalanche and warned the people of In- 4 tences: diana who were beyond its destructive sweep, what must have been Can you conceive that a body of men, white or black, who have been in this con- the appalled feeling, sir, of the southern society upon whom jt was t clition, and their ancestors before them, are qualified to be immediat-ely lifted from to be let loose t Such was his advice in Indiana. Now suppose him their present state into the full exercise of power, not only to govern themselves to be in the South; take Mr. MORTON from his gubernatorial chair in and their neighbors, but to take part in tlie government of the United States f Indiana and put him in 1865 among the people of the South, and what Can they be re~ded as intelligent and independent voters t The mere state of facts furnishes me answer to the question. * * * Tosa.ythat such men-and it would have been his advice t What in point of fact toas his advice is no fault of theirs; it is simply a misfortune and a crime of this nation-to say to the people of the South f What was the thing the people of the that such men just emerged from slavery are qualified for the exercise of political South were called upon to do at that time by this distinguished gen- power is to make the strongest pro-slavery argument I ever heard. It is to pay the highest compliment to the institution of slavery. tleman from the North as well as by a distinguished governor of Massa- chusetts whose views I ask permission to print with my remarks f Then he goes on with his objections to clothing these people with His advice was : "Yon must not admit these people into the political the rights of citizenship and suffrage. Says he : system of this Government; they are not qualified to vote; they must The right to vote carries witb it the right to hold office. You cannot say that not take part in the government of themselves or the government of the negro has a natural right to vote, but that he must vote only for white men for their neighbors or any participation in the Federal Government of office. this country; and to keep it from them yo11 "llnst fix upon them a sys- Then, after demonstrating that point, he makes this conclusion: tem of probation which will hold them down and keep them out of If you enfranchise all the ne~s in these States you will have at least twenty your polit.ical system until they are in a permanent minority." negro votes to one white vote, and in the work of reconstructing the States of South That being his advice, is it strange, I repeat, that the people of the Ca.rolin· ~ Alabama, and Florida you will have a larger proportion-perhaps thirty colored votes to one white. Now, I ask you, what is to be the effect of that 1 The South just returned from the war, all their society in ruins, full of first effect will be, you will have colored State governments. wretchedness and disappointment, this race emancipated lying upon After going into a long argument to prove this fact he reaches this their plantations, neither slave nor citizen and without any indication conclusion: · of the national sentiment that they were to become citizens; in dis- They will have colored governors and colored members of Congress and Senators order, without law-for the slave laws were abolished and they were and judges of the Supreme Oourt., &e>. Y_ery well; anti suppose they do send col: at that time not within the provisions of the civil code which applied 1876. CONGRESSIONAL RECORD- ' . HOUSE. 5091 to the white race-is it strange, sir, that in improvising legislation together by the stron~est ties of interest and affection, yet as com- which under this terrible pressure, this appalling calamity, these be- pletely sepa.rated politiCally as if a deep gulf had sunk between them~ wilderin~ changes, which have followed one upon the other with the passions incident to party contests in which the contestants dif- such rap1dity-is it strange that that system should have some of the fer not in conviction, but in race, and now charged as one of the incidents of the old system! heavy items against the South, :find their authorship and origin in the Sir, is it to be arrayed against them until the end of time as an evi- legislation of the Government and the action of its agents. One mo- dence on their part of a purpose to remand that people to the servi- ment's consideration will convince any fair mind of this. The meas- tude of slavery f Measure these people by what the sentiment was ures devised for the sole benefit, protection, and ascendency of one at that time, and not by standards you have erected at this time; race will surely command the support of that race; and if the same It was not a. systemwhich was well advised or well executed, for, sir, policy disfranchises the other race, hurls it from its proud tradition it was repealed by the Legislatures which passed it t.he very moment into a condition rife with all the elements of humiliation, and de- the public sentiment of the South could reach those whodid pass it. prives it even of its ancient guarantees against the oppression of ar- It is worthy of special attention that Governor MORTON predicts bitrary power, the inevitable effect is perforce to drive that race into the results of this policy which have actually followed its adoption. opposition to those measures. Thns, I repeat by a policy which drew If, sir, that policy furnishes an adequate and inevitable cause of these one race to its support and drove the other into opposition, the sepa- disorders which he beforehand said it would do, why now seek to at- ration of the two was produced without the voluntary agency of tribute them, when they come, to a different cause f Why send inves- either and against the natural tendencies of both. tiga,ting committees to the South to charge them upon the murderous The report of every investigating committee sent to the South con- and rebellious purposes of the whitesT firms this; for, sir, the South ha-s been subjected to an ordeal thn.t This policy, so repugnant to Mr. MORTON's sentiment and view of no other community in the world has ever been subjected to. It has public interest, so suggestive of the alarming results which have act- been uncovered and subjected to a microscopic investigation into all ually ensued, could not possibly have been less unacceptable to the the details of its society. I hold in my hand a report made by Messrs. southern people. With no prejudice against the negro, they regarded HoAR, FRYE, and WHEELER, in which, speaking of the state of this clothing of him with the awful powers of government a-s expos- things in Louisiana, one of t·he causes there mentioned is the fact ing their society to the wildest disorder. But when the policy was that the Administration party is made up by massing together al- fastened upon them they knew that they had a more tremendous most entirely the black vote with a few whites, largely from other stake in its well-working than any other people; they knew that the States. These few whit-es largely- from other States are a class of attempt to reverse or obstruct it would be ruinous; and they set to men who came as agents of the l''reedman's Bureau, thence transferred work with an earnestness for which I know they do not get credit to to the military department, from which they were carried over by adjust their ruptured relations to the new order of things, and give the bayonet to the reconstructed civil government. And there it a free, fair, and successful development. It might have had such they have been maintained by the power of the Federal Government a development. There were agencies at the South of which Mr. MoR- ever since, gorging themselves with the spoils of that plundered TON took no note and which it is difficult from his stand-point to a.p- people until recently their grasp upon our throats has been broken preciate. Underneath the ruins of our political and social order we by the protecting force of an enlightened public sentiment at the had uninjured the old civil institutions of Anglican and American North and West. It is not my purpose to describe the character of liberty, the principles of the old common law, the mother of freedom the governments which resulted from this policy. I call attention and popular government and that Anglo-Saxon race of which we simply to two principles they embodied. Gibbon, in his history of hear so much, so indestructible aud invincible, accustomed to the Rome, speaking of Egypt, says that the most absurd and oppressive handling of these institutions and trained in the discharge of the high system of government that can be conceived of is that which subjects duties of representative government. the natives of a country to the domination of its own slaves. John True, we han those 4,000,000 blacks, just emerged, as Mr. MoRTON Stuart Mill, in his work on representative government, says that a would say, from the barbarism of slavery, now free and invested with government administered by rulers responsible to the governed may citizenship, suffrage, and eligibility to political power. But though be a good government according to the character of the constituency a distinct it was not an antagonistic element. Harmony, friend- which it represents; but that a government administered by rulers ship, and confidence existed between these two races. Indescribable who are not responsible to the people of the government, but to some sympathies, old memories, kindly services mutually rendered, ties of other community or power, is one of the worst conceivable systems childhood, of youth, of manhood, days of labor, days 9f battle, nights of government; and, sir, these hideous structures in the South were of watching, nights of anguish, had so intertwined the lives of that a composite of those two vicious systems. The people there were generation of southern men and women, white and black, that n.t subjected to the domination of our former slaves; we were ruled over the close of the war there was scarce a black man, woman, or child by men not responsible to the people governed, but to the Federal who did not have some endearing relation with a white man, woman, Government. Governor Chamberlain and Governor Kellogg come or child anu was not also the object of a reciprocal attachment. here to make their reports, and to get their instructions, and they Under the operation of these benign influences, these friendly re- neither think nor care for the people of Louisiana or South Carolina. lations, and the workings of local self-government, there was a well- ~oman bas ever had the temerity, since I have been here, to defend founded hope that society at the South might be reconstituted, even or apologize for these governments. I shall cite only republican tes- though it would have to be done with the disjecta membra of the old timonies as to their character. broken-up system. There was one difficulty in the way. The conflict· Now, sir, but a short time ago a great cry was raised that the elec- between the republican pn.rty and Mr. Johnson began. I do not wish tions of Louisiana were carried by intimidation and fraud and vio- to say anything against his memory; but his championship, or seem- lence and by organized murder, and a subcommitte& was sent to ing championship, of the South seemed to me more damaging than Louisiana for the purpose of investigati.p.g and bringing before this his hostility had been. _ body what had occurred in that State. Well, the committee went, The result of that conflict was that the Federal Government as- and they came back with a report. It was composed of two republi- sumed, as a political necessity, the exclusive prerogative of recon- cans and one democrat. I see attached to the report the name of structing government in the South. The policy of reconstruction ex- the gentleman from Ohio, [Mr. FOSTER,] who addressed the Honse on cluded the white race (on account of its suspected disloyalty) as the the other day. His name was the first in the order of signatures to basis of the new· order. But as the black race was considered as in- the report, and I presume he presented it. Here are his statements competent to mana~e the new structures built for them, military in relation to the condition of things in Louisiana. After speaking power, for the first tllle in the history of the American Government, of ono of the parishes that were taken as samples of these intimida- was employed as the force to put and keep in operation the machin- tions, taken by republicans, and selected as the worst cases that ery of civil government. I do not propose to discuss this policy, but could be brought before the committee, Mr. FosTER says: simply to call special attention to one feature of it. All the measures It so happens that that parish was taken as a samule parish of intimidation. in the furtherance of that policy, the Freedman'a Bureau, which cut Mans witnesses from both parties were examined in retarence to it; they show be- all connection of the two races sheer asunder, whose agents and yond question that there was a free, full, fair, and peaceable election and registra- officers were made judges to try and punish offenses by the whites day tion there. There was no evidence of any intimidation of voters practiced on the of election, although it was asserted that intimidation of colored men before against the rights of freedmen, without jury or the right of judicial election had been effected by threats of refusal to employ them, or discharge them, appeal; the act dividing the South without reference to State lines if they voted the republican ticket. No evidence, either of discharge or of refusal into military districts, and vesting the power of appointing all civil to employ, was produced. Certain witnesses, themselves every one office-holders, testified ~enerally to such action ; but hardly any one was able to specify a single officers in a commanding general; the acts for restoring civil govern- instance m which he heard of any employer so f.b.reatening or discharging any ments, were all based upon this one idea of protecting the enfranchised voter, or knew of any employe bemg so threatened or discharged. Not one single black race against the wrongs anticipated from the disfranchised colored man throughout the entire parish was produced to testify, either to such a white race; and, as a matter of fact, therefore, this reconstruction threat or to the execution of such a P1llJlC?Se, whether before or after the election. legislation as conceived and enforced actually arrayed the two races "Upon the general subject of the state of affairs in the South, and into distinct and opposing classes, and drew the color-line as dis- as to whether the alleged wrongs to colored citizens for political of- tinctly and perfectly as if such race distinction had been enjoined fenses are real or were asserted ~ ithout due foundation," he says : in the Constitution. The very first principle of government your A.a a whole, they are constrained to say that the intention charged is not borne new-made citizens saw in operation was the principle of race discrimi- out by the facts oefore us. No general intimidation of republican voters was es- nation. The very first lesson in civil government which they learned tablished; no colored mau was produced who had been threatened or assaulted by any conservative because of polit.i cal opinion, or disaharged from employment, or was tlie proscription of the white ra.ce as an object of political dis- refused employment. Of all those who testified to intimidation there was hardly trust and resentment. any one who of his own knowledge could speci~ a reliable instance of such acts. The strange spectacle of these two races locally intermingled, bound and of the white men who were produced to testify generally upon such subjoot-<1, 5092 CONGRESSIONAL RECORD-HOUSE. very nearly all, if not every single ono, was the holder of an office. Throughout governor who hna the power of a monarch, according to the testi- the rural districts of the State the number of white republicans is very few; it mony of a Federal judge now there. hardly extends beyond those holding office and those counecteo. With tnem. No witness, we believe, succeeded in naming, in any parish, five republioans who sup- How did it recognize it f If the governor owes his place to the in- ported the Kellogg government who were not themselves office-holders or related terference of the national authority and that authority has not aa- to office-holders or those having official employment. cert..'tined it by legal process, how did the national authority ascertain But that is not all. He testifies in this report that there was intim- it and upon what did it base its interferenc~ f Mr. HoAR says it idation, that there was fraud, that there was murdor committed for based its action" solely on the illegal order of a iudge." The judge the purpose of carrying the elections ; not thn.t it was practiced by who issued that illegal order, upon which the national authority democrats on republicans, but by republicn.ns upon democrats; that based its action and interference, was driven to resignation by the the black men who wished to vote the democratic ticket were the sub- fear of impending impeachment. But there sits that governor, who jects of intimidation. I read further: was put there by the national authority upon that illegal order, rul- On the other hand, it was in evidence that blacks who sought to ad with the ing that people with a scepter mightier than that of a monarch. conservative party were on their part sometimes exposed to enmity and abuse. In So much for the executive. How about the Legislature f Says the interior, one colored man was shot for making a conservative speech· and in Mr. HOAR: New Orleans, it appeared from the testimony that colored men who sought to co- oper&te with the conservatives were subject to so much abuse from the police~, and In the !l3me State there is a Legislature, one branch of which derivM its author- otherwise, tha.t an association of bwyers volunteered to protoot them, but with tittle ity partly from the sru.ne order. effect. That waa not the only kind of intimidation, but that was an intim- What I The Legislature gets its authority from the same illegal or- idation which of all others does more to keep down the public spirit der f Yes, sir; one branch of it does from the same illegal order. How of a people and to strik~ down the spirit of liberty, the spirit of inde- about the other branch. Let Mr. HoAR answer: pendence in which our institutions wero founded. I call special at- The other being organized by a IIU\iority who have been established in power by tention to it, for it is well for the country to know the appliances that another interference of the na.~onal Government, and which majority deriYes its have been, and may be again, used to bring about a foredetermined title, not from any le~a.l ascertainment of the fact, but from the certilicate of a re- turning board which nas misconceived and exceeded its legal authority. result. I read again: Therefore, at the time that report was made every branch of that On the other hand, applications to t.he United States commissioners in the vru.ious government exhibited to the American people the spectacle of an ex- parishes not only for a-lleged crimes, but because of alleged threats of discharge, ecutive officer put there by national authority based upon an illegal non-empioyment, or other interference with politicttl preference, were frequent. order, one branch of the Legislature owing its authority to the same Upon these affidavits watTants were often is'!u'ld, aml white citizens arrested and illegal order and the other branch having a majority based upon an- bound over for trial. In many localities the Federal troops were detained for..aerv- ice under the marshals and aasistant marshals, and not only made large an·ests other illegal order. Illegality imbedded in illegality, and upon the immediately before the election, but the reports that they were coming to particu- whole a colossal despotism crushing down the rights and interests of lar neighborhoods about the election time for the purpose of such arresta served, that people. as the conservatives claimed, to intimidate, and sometimes even to produce a stam- Mr. HOAR. Will the gentleman from Mississippi [Mr. LAMAR] al- pede among the white voters. low me to ask him if he thinks he has fairly stated the conclusions of I want the House to recollect that this is the testimony and report my report upon the point to which he has referred f of a committee of whom a majority were republicans. Mr. LAMAR. Upon that particular point f "That served to intimidate and produce a stampede among the Mr. HOAR. Yes. white voters." Sir, I have seen two hundred good, plain men mount Mr. LAMAR. I think I have. their horses and ride out of town without depositing' their votes for Mr. HOAR. I do not think so. fear of just such persecution. Mr. LAMAR. I will yield to the gentleman. But that is not all; he goes on to tell that there wa-s a perfect des- Mr. HOAR. The report which the gentleman does me the honor to potism over that people, eating up all their substance by exorbitant quote from states that, in the opinion of those who signed it, Gov- taxation, taxing their real estate in the -city of New Orleans up to a ernor Kellogg had a majority of the legal votes of the people of Lou- point beyond the rents and in some of the rural districts 8 per cent., isiana; but that any a certainment of the legal result by legal evi- and he quotes approvingly as an indication of the government there dence was prevented by the frauds of his political opponents, who th~Lt the political power vested in the governor of the State wa-s such had so manipulated and treated the registrations and the returns- a.s is scarcely exercised by any sovereign in the world. But the gentle- had finally carried them off, I think-as to deprive them of any legal man from Ohio_in his last speech said that in this report he told some authority whatever. Thereupon the judge of the United Statas truths that bore heavily upon his own party. I was astounded at that court, misconceiving or usurping his power-! do not undertn.Ke t,o declaration. say which-ordered Mr. Kellogg to be put in office, and on that order _ What I Does it bear heavily upon his party to report that a peo- the United St.ates executive officer based his interference. ple charged with fraud, intimidation, and murder are not guilty! Now, the committee found, first. that Governor Kellogg waa the Does it bear hardly upon the republican party to prove that there is lawfully-chosen governor of t.he State of Louisiana by all the evi- no such state of" lawlessness and intimidation amon~ a people who dence they could get at; second, thn.t his political opponents had by are writhing under all the oppression which corruption can invent fraud destroyed the returns or their legal value-that they had done and tyranny in:flict f Is it a condition of republican success that the wrong to that extent; third, that the judge was unjustified in his country should be told that there is murder and intimidation, and order and the executive was without justification in relyinO' ou that that if they are not there the truth which states the opposite bears order as authority for interfering. That is the statement of the re- hardly upon his party f MigQ_ty God I Is it true tpat that is the nu- port. I agree that the gentlema.n from Mississippi has the right to triment upon which the party must live f cite my report as evidence of gross misconduct on the part of repub- Sir, it did strike his partywith.a.mazement at the time, ~d another lican officials in the State of Louisiana. I do not agree that he ought subcommittee, a thing which I never knew of before, went down to to cite my remarks as admissions against my own party unlesa he revise and review his action. They came back and reported some quotes the conclusions with which they were necessarily connected. things which the gentleman did not report, some things which did Mr. LAMAR. I think I can appea.l to the recollection of all pres- not . bear so heavily upon the party. It is due to them to say that ent that I said the gentleman in his report did say that there was in- upon the searching investigation which they made they came back timidation and fraud and murder, and that the elections were carried and said that there was an organized system of violence and murder by those appliances. there for the purpo~e of intimidating voters and carryin~ elections Mr. HOAR. I also said that in my judgment Governor Kellogg and for the purpose of remanding these blacks into a condition some- was lawfully elected. thing ~ td their former servitude. Mr. LAMAR. I have not time to wrestle with the gentleman on But the gentleman from Ohio would not yield to that ; that would that point; but I think if he will examine the report he will find its not suit him. He made another counter-report, and said: statement to be that the result could not be ascort.ained, but thn,t in We cannot a~ to the report made to the committee by Messrs. HOAR, FRYE, his opinion Mr. Kellogg received the majority of votes. Now I think and WHEELER. All laws infinioa.l to the colored people of Louisiana, referred to I have the right to receive the gentleman's admissions and rEtioot his in their report, have been repealed for years. conclusions, especially when I give him the opportunity, which I am And he goes on to state that- always glad to do, to interpolate into my remarks any explana.tion h~ In the absence of any direct evidence that the late election was not free and fair, may please. the assumption by the minority that enough colored voters were t.b.erefore pre- vented from voting to ohange the result of the election throughout the State ia an Mr. HOAR. The gentleman is perfectly at liberty to receive my assumption so violent as not to be received. admissions and reject my conclusions. I think, however, that he · But even this report of Messrs. HoAR, FRYE, and WHEELER con- should not state the admissions without the other. tains admisSions almost as startling a-s the statements of Mr. FOSTER, Mr. LAMAR. I will allow the gentleman always to state for him- and shows a state of things which, without resorting to any theory Relf his own propositions and conclusions, and I have yielded t.he :floor of bloody conspiracies, would produce disorders and violence among to him for that purpose in order that tQey might not be unf~irly the most virtuous people on earth. stn.ted in passing through the medium of niy brain: · In fhe State of Louisiana there is a governor in office who owes his seat to the in- Mr. HOAR. I thank the gentleman for the very great courtesy terference of the national power, which has recognized his title to his office, not with which he has allowed me to do so; and I say to him that I made by reason of any legal ascertainment of the fact by legal process, but has ba.sed its this interruption of his eloquent . and interesting speech with very interference upon the illegal order of a judge. great reluctance. Here is what Mr. HoAR says about it. He says, in the State of Mr. LAMAR. Now, sir, as to the character of tb." government Louisiana there is a governor in office. Remember that this is the there we have the gentleman's acknowledgment; and I r,1terate that 1876. CONGRESSIONAL RECORD-ROUSE. 5093 it is not I, but the gentleman, who c•s upon the American people than that which has resulted from its establishment. All we a.sk in to note the fact. common justice to the South is that yon will reflect and act upon the The .American people are now brought face to face with this condition of things. fact that the governments you contrived have by your own testimony Then he goes on to show that the governor there owes his author- proved to you a.nd to the world their utter incompetence to solve ity to the interference of the nationa.I power, not by the ascertain- peaceably and prosperously a problem the difficulty of which we do ment of legal process, but by an illegal order of a judge; and that not deny. 'When you point me to acts of violence I acknowledge a.nd both the other departments of the government rest upon the same deplore them. Bot I ask you, who has governed the States where this illegal basis. As to his opinion that the election was carried one violence occurs for the last ten years f Have we Y Who have taxed way or the other, that is a mere matter of opinion ; but when he him- us, controlled our Legislatures, filled our courts, recei\ed the patron- self proclaims voluntarily that the whole superstructure of executive age of the Federal Government, ruled over us at home and represented and legislative power in that State is based upon the interference of us heref the national authority, and that interference restin~ upon illegal Sir, you cannot by Federal and military intervention preserve those orders, I think it is doing no injustice to him, nor to his conclusions, gov~rnmen.ts without trampling out the liberties of whole Common- to hold that statement up before an astonished people. wealths, because those governments are in defiance of that highest The gentleman's report presents the state of things in Louisiana and most sacred of all constitutions, the law of nature. God had so very graphically, and with telling effect against that people I admit. identified the interests of these two races by the necessities of climate I do not think he rightly conceived their condition. He staid but and labor and old associations that time would soon have re-adjust-ed a short time, and failed to note some of the most important elements their new relations. It is not yet too late for such an adjustment. of society there. He has concentrated his attention upon two classes: You have given the black race the most delicate, the most dangerous, One the slaveholders, who are not the largest part of the white as well as the most sacred of all privileges. Let that priYilege be population, and the other the blacks. He overlooks that teeming maintained inviolably. Bot give him real freedom, and do not make population of non-slaveholders, tlle super-best race of men in the him ihe Janizary of pa.rty tyranny. Allow that race to learn what world. There is no order of men superior to those who were the non- you have learned in New England and carried with you into that new slaveholders of the South. They were freemen and freeholders ; empire of the West which your energy has created, that moral worth, free-soilers in the true sense of the term ;' for they worked their own intelli~ence and industry and wealth are the true foundations of a land and reared families economical, independent, and virtuous; and peoples hnppiness and liberty, no matter what ~heir color. Let it no they constitute one of the strongest forces of southern society at this longer rely upon Federal bayonets. They inspire a contempt for law time ; yet the gentleman takes no not~ of them in his analysis of and disqualify for self-government. southern society. Sir, this race problem is capable of solution. Two English states- Wha.t does the gentleman say about the character of this govern- men such as Lord Derby and Earl Russell, or Mr. Gladstone and Ml.·. ment that thus rests upon illegal intervention Y Disraeli, could agree upon a basis of settlement in three days; and One fact is that there baa been great maladministration by republican o:ffiofuls; we could do the same here but for the interposition of the passions there b88 been much dishonesty, much corruption in State and local adminis- of party in the contest for the power and emoluments of government. tration in Louisiana. For this the .republican party, espocially under Warmoth's It could be settled in this District and throughout the South without rule, are largely responsible, although in numerous mstances their opponents rove abridging universal suffrage or subjecting either race to the control been equally to blame. of the other. Take the question out of national politics and it can be Again he says : settled on a basis which would consolidate all the rights of the black We do not overlook the causes which tend to excite deep feelings of discontent man, make him free and equal with every citizen before the law, pro- in the white native population of Louisiana. There has been great maladministra- tected in the fruits of his labor, safe in his person, happy in his house- tion; public funds have been wasted, public credit impaired, and taxation is he.wy. hold, secure in the enjoyment of whatever he can in fair competition What are these admissions Y lllegal governments based upon in- achieve, whether it be of fortune or famo, ~mel thus secure to him a terference of the national authority; maladministration, dishonesty, higher and better life than he now leads 38 the misgnid~d and de- corruption, waste of public funds-which means embezzlement and lud~d constituency of dishonest office-holders. the misappropriation of public money-loss of public credit. This I have not intended to intimato that the capacity of the black race is the despotism under which everything that is precious and beau- for freedom and the duties 8f citizenship should be determined by the tiful and lovely in that State is withering and dyin~. considerations which I presented. The freedom of this ra-ce, its citi- I have other testimony. The President of the Umt6(1 States in his zenship, have not had a fair opportunity for favorable development last annual message said not a word upon the subject of the disorders at the South. Controlled through the authority of the Government of the South; for, sir, this cry of disorder, intimidation, and violence by the worst men as they have been, it would be unjust to them to always comes up in this Hall nnd in t.hls Federal metropolis just be- form any estimate of their capacity to meet the demands of their high fore an election when it is to be carried or juet after an election position by the events of the last ten years. when it is to be set aside. In the interim everything is quiet and Sir, we know that one great cause o:f the jealousy with which the orderly. Bnt the President in his annual message before the last, southern people are regarded is the fact that they stand between the speaking of these people in the South where these disorders occur, ambition of a party and the glittering prizes of honor and emolu- uses the following language : ments and patronage which the control of the Government for an- I sympathize with their prostrate condition and would do all in my power tore- other four years will give. I believe, sir, if they could do so consist- lieve them, acknowledging that in some instances they have had most trying gov- ently with their c·o nstitutional obligations, our people would will- ernments to live under and very oppressive ones in the way of taxation for nomi- ingly stand aloof and let the northern people settle the question of nal improvements, not giving benefits equal to the Iyu-uships imposed. President for themselves, upon the condition that there shall be no Sir, take the features of that statement. What are they f Oppressive further intervention in their local affairs. But, sir, they cannot ab- governments, burdens of taxation, and prostrate people. What greater negate their rights and duties as American citizens and impose on t woe can there be than this t What more accursed fate can befall a themselves a sullen and inactive incivicism. They must go forward people than such a government aa Mr. HoAR describes, ille~al in its and keep abreast with American progress and American destiny, and every department, marked by maladministration, and reeking with take their sha.r e of the responsibility in the settlement of the ques- dishonesty and corruption; or, as :Mr. FosTER describes it, an infa- tions in which all parts of the country are alike interested. mous despotism, consuming all the resources of a people Y Where, I But it is asked why we are united in support of the democratic repeat, on earth or in what age of the world have you not had vio- party. A celebrated author in his work on political ethics savs that lence and turbulence where a people are prostrated by the burdens of in the history of all free countries there is no instance of a people be- oppressive government, and tortured 3,n d impoverished by taxation f ing unanimous in sentiment and action, unless they were made so by Where have you ever seen orderly, quiet, and peaceable citizens whose the imminence of some great and common peril or by the inspiration governors are lawless felons, whose ministerial officers are forgers and of some enthusiastic sentiment. thieves, and their magistrates scoundrels f The people of the South are not moved by the latter. Even if the And, sir, when this prostrate people writhing in their agony turn events of the war and the sufferings since the war had not, as they over and jostle these rickety establishments that would fall down of have done, crushed out all their party attachments, nearly one-half . their own rot if let alone, when, as is almost inevitable, disorders the people of the South have no attachment to the democratic party, occur, the national .authority iB called upon, the Federal Executive is and in acting with it for the time being, they only obey, as I said be- invoked-for what! To protect the prostrate people against these fore, the imperious law of self-preservation. illegal, dishonest, corrilp~ and oppressive governments f No; but The motive which prompts their co-operation is not the expecta- to protect and maintain tnese governments and to hold the people tion of filling cabinets and directing policies, bot simply to get an down in quiet submission to them! What a policy! This great Fed- administration which will not be unfriendly to them, an administra- eral Government powerless for the prot-ection of the people-agatnst tion which in place of the appliances of force, subjogation1 and dom- oppressions of local government, but omnipotent to maintain those ination, will give them amnesty, restoration to the pnvileges of governments andenforce their oppressions. American citizenship; which will accord to their States the same equal Now, sir, I have read all this testimony with reluctanec. My pur- rights with other States in this Union ; equality of consideration, \ pose has been to show that ample cause exists for these troubles in equality of authority and jurisdiction over their own affairs; equal- the South without attributing them to a spirit of cruel vindictive- ity, sir, in exemption from the domination of their elections by t he ness, or wild, restless, unlawful ambition on the part of southern bayonet and by solcliers a-s the irresistible instruments of·a revoltincr whites. I have ap\)ealed to this evidence of earnest, leading repub- local despotism. Give them that, give them local self-government, licans that the sudden enfranchisement of 800,000 slaves th1·eateueu and you will then see at last what will be the dawn of prosperity in the very evils which have come upon us. I do not arraign your policy. all the industries and enterprises of the North; you will see, sir, a Its attempted reversal now would lead to a shock and ruin even worse true southern renaissance! a real grand reconstruction of the Sout h- in • 5094 CONGRESSIONAL RECORD-HOUSE. AUGUST 2, all the elements of social order, strength, justice, and equality of all Because the negroes have no emigration, nothing but the natural increase, wb.He her people. Risin·g from her confusion and distress, rejoicing in her we have emiuration from all the world and natural increase besides. Thus, by postponing the thing only to such times as the negroes are qualified to enjoy polit- newly-recovered liberty, prospero~1 free, great, her sons and daugh- iCal rights, the dangers I have been consid erin~ would have fully passed a.way1 ters of every race happy in her smile, she will greet your benignant their iilfiuence would no longer be dangerous in tne manner I have indicated, ruin Republic in the words of the inspired poet- a conilict of races wonld not be more likely to happen than it now is in Massachu- setts. In Massachusetts the negroes have exercised political rights for twentv-flve Thy gentleness bath made me great. years, and yet there has been no disturbance there, no c<~nflict of races. Why ¥ [Applause.] Because the negroes have been in the minority. (Extract from Governor Andrew's valedictory address.l APPENDIX. Gi>vernor Andrew, of Massa.ebusetts, in his valedictory address delivered on 5th January, 1866, speaking of the basis of reconstruction in the South, uses the follow. [Extracts from the speech of Ron. 0. P. MORTON, at Richmond, Indiana, Septem· in~ language: ber 29, 1865.] 'It may be asked: Wby not demand the suffrage for colored men, in season for NEGROES U:NFIT TO VOTE. their vote in the busin(\SS of re-organization ~ My answer is, I assume that the col- I believe that in the case of 4,000,000 slaves just freed from bondage there should ored men are in favor of those measures which the Union needs to have adopted. be a period of probation and preparation before they are brought to the exercise But it would be idle tore-organize those States bythecolored vote. If the popular of political power. * * * What is their condition ¥ Perhaps not one in five vote of the white race is not to be bad in favor of the guarantees justly required, hundred-I might say one in a thousand-can rea.d, and perh11ps not one in five then I am in favor of holding on just where we now are. I am not in favor of a hundred is worth 15 in property of any kind. * * * Can you conceive that surrender of the present rigfits of the Union to a. struggle between a. white minor- a body of men, white or black, who have been in this condition, and their II.D.Ces· ity, aided bv the freedmen on the one hand, against a majority of the white race on tors before them, are qualified to be immediately liftero-slavery argument I ever heard. It is to pay the highest zation, re-organization will be delusiv<~ and full of danger. compliment t<1 the institution of slavery. 11 Why not try them 1 They are the most hopeful subjects to deal with, in the very nature of the case. They have the brain and the experience and tho educa- THE RIGHT TO VOTE INVOLVES THE RIGHT TO HOLD OFFICE. tion to enable them to understand the erigences of the present situation. They The right to vote carries with it the right to hold office. You cannot say th!l.t the have the coura~e, as well as the skill, to lead the people in the direction their judg- negro baa a natural right to vote, but that he must vote only for white men for ments point, in spite of their own and the popularprejndice. Weaker men, those office. The right to vote carries with it the right to be voted for. When that of less experience, who have less hold on the public confidence, are comparatively right is conferred, you can make no discrimination, no distinction a; ainst the right powerless. Is it consistent with reason and our knowledge of human nature to to hold office· and the right to vote in a State carries with it the nght to vote for believe the masses of southern men able to face about, to turn their backs on those President and members of Conpess and for all Federl\l officers. The right of they have trusted a.nd followed, and to adopt the lead of those who have no mag- su1frage being conferred in Soutu Carolina., for State purposes, under our Constitu- netic hold on their hearts or minds f Re-y electing men of their own color is abso- Mr. GOODE. I rise to a question of privilege. The CoNGRESSIONAL lutely certain. Believing that human nature is the same under different complex- ions, that the negroes are not difterently constituted from ourselves, and that they RECORD which contains the proceedings of last Saturday represent-s have like passions with ns, we cannot doubt how this power will be exercised. me as having applied for and obtained an indefinite leave of absence. Some will say that it is all right; if they can find colored men qualified all right. That is a mistake, as I did not apply for or obtain any such leave of 'l.'here are enough colored men of education in the North to go to the South and 1ill everv office there, and I have no doubt they stand ready to do it. Here we deny absence. It would be stn immaterial matter but for reference made to them.almost every right except that of mere personal liberty; and it is so in illi- tQ it for party puposes in certain public prints of the country. nois and many other northern States; and when you present to them the prospect The SPEAKER pro tempore. The correction will be made in the of holding the highest offices in the gift of tl1e people of the Southern State s, rest Journal and in the RECORD. assured they will embrace it. They will have colored governors and colored Mem- bers of Congress, and Senators, ana judges of the Supreme Court, &c. Very well; OSAGE LANDS IN KANSAS. and suppose they do send colored Sen,a.tors and Representatives to Con.greaa, I have Mr. GOODIN. I ask by unanimous consent to take from the Speak- no doubt you will find men in the N~·th who will be willing to sit beside them and will not think themselves degraded by doin/]; so. I have nothin~ to say to this. I er's tllble the bill (H. R. No. 3625) providing for the sale of Osage am simply discussinJr the political effect of it. In every State w nere there is a. col- ceded lands in Kansas to actual settlers, returned from the Senate ored State government, a negro for governor, and a negto for supreme judge, white with amendments, in order that they may be non-concurred in and emigration will cease; there will be no more white emigration to any such Sta.te. You cannot find the most ardent anti-slavery man in Wayne Count:r, who will go a committee of conference requested. and locate in a State that has a colored State government. You Wlll absolutely There was no objection. shut off at once and effectually all emigration from the northern States, and from Mr. CONGER. I do not object to the proposition of the gentleman Europe, too, whenever that event shall happen. Thus they will remain perma- from Ka.nsa.s, if it is agreed that the amendments sha,ll be printed in nently colored States in the South. The white men who are now there would re- move from them ; they would not remain under such dominion. the RECORD. EFFECT OF THEm E~RANCIDSEME..~T; A NEGRO BALANCE OF POWER. 1\fr. GOODIN. The amendments of the Senate 11>re all printed in Very well, say some; that is all very well if we can get the negroes to go there. this morning's RECORD, where they can be seen. I move that the But let me say that the colored States would he a balance of power in this conn~. amendments of the Senate be non-concurred in. I ask, iB it desirable to have a colored StAte government ¥ I say it is not; it 18 The motion was agreed to. not for many reasons. One reason is that such States wonld pe~tually consti- 1\fr. GOODIN. I now move that a committee of conference be re- tute a. balance of power. They would be held bound b¥ that stringent tie that quested on the disagreeing votes of the two Houses. ever held men together: the tie of color and race, the tie of a down-trodden and despised race. As 300,000 slaveholders by a common tie were able to govern this The motion was agreed to. nation for along time, so 4,000,000 people, bound together by a much stronger tie, The SPEAKER pro tempo-re appointed as managers of said confer- despised by the whole worlrl as they have been, would constantly vote and act ence on the part of the House, 1\fr. GooDIN, Mr. LANE, and Mr. Mc- together; and their united vote would constitute a balance of power that might control the government of this nation. DILL. I submit, then, however clearly and strongly we may admit the natural right of Mr. COX. I move the House do now adjourn. the negro-I submit it to the intelligence of the people that colored State govern- Mr. JOHN REILLY. I move the following as an amendment to the ments are not desirable; that they .vill brin~ about results that are not to be hoped motion to adjourn. for; that finally they wonld threaten to bring about and, I believe, would result in a war of races. The Clerk read as follows: THE SOLUTION OF THE DIFFICULTY. Resolved, That when the House adjourns it be until eleven o'clock a. m. to-mor- Now the question turns up, how can this be avoided~ If I had the power I row, and that thereafter and until the close of the present SeftSion that hour be would arrange it in this way: I would give t.hese men a. period of probation and the re$ula.r hour of meeting; 1tnd that the hour between eleven and twelve be a.s- I preparation ; I wonld give them time to acquire a little .property and get a little signea first to the consideration of the pension bills on the Calendar, and next to / education; time to learn something about the simplest forms of business and pre- receiving reports of committees, without conaiderin~ the same. .... pare themselves for the exercise of political power. At the end of ten, fifteen, or The SPEAKER p1·o tempore. That involves a change of the rules1 twenty years, let them come into the enjoyment of their political rights. By that time tbese States will have been so completely filled up by emigration from the and cannot be entertained. ~orth and from Europe that the negroes will be in a permanent minority. Wby ~ Mr. Cox's motion was agreed to. 1876. CONGRESSIONAL RECORD-SENATE. 5095 PA€IFIC MAIL STEAMSIDP COMPANY. • LEAVE OF ABSENCE. By unanimous consent leave of absence was granted to Mr. WILL- Mr. JONES, of Nevada. I am directed by the Committee on Post- IAMS, of Wisconsin, indefinitely. Offices and Post~Roads, to whom was referred the joint resolution And then (at five o'clock and twenty~two minutes p.m.) the House (S. R. No. 22) allowing the Pacific Mail Steamship Company to carry adjourned. the mails in their new iron steamships, to report it with an amend- ment. I desire the immediate consideration of the joint resolution, as there is necessity for its speedy passage. PETITIONS, ETC. The PRESIDENT pro tempore. 'fhe joint resolution will be re- The following memorials, petitions, and other papers were presented ported, subject to objection. at the Clerk's desk under the rule, and referred as stated: The Chief Clerk read the joint resolution. By Mr. CUTLER: Remonstrance of citizens of New Jersey against · Mr. EDMUNDS. It is very dangerous to act upon bills of this im- the licensing of prostitution in the District of Columbia by authority portance the very moment they are reported; but the Senator frQm of Congress, to the Committee for the District of Columbia. Nevada says, and of conrse he is correct, that it is quite important By Mr. THORNBURGH: The petition of Benjamin Baker, late pri- that the action should be speedy. I have no objection to the bill vate Company C, Ninth Tennessee Cavalry, for a pension, to the Com- being considered, subject to objection at any stage, so that if any mittee on Invalid Pensions. difficulty shall arise it may go over and we may look at it. There are one or two amendments I want to suggest. By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution. It authorizes the Post- IN SENATE. master-General to accept from the Pacific Mail Steamship Company, for service in transporting the mails of the United States between THuRSDAY, August 3, 1876. San Francisco and China, the steamships City of Sidney, City of New York, and City of San Francisco, the same being new iron American- Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. built ships of more than three thousand tons register; these iron The Journal of yesterday's proceedings was read and approved. steamships to be substituted for the wooden side-wheel steamers now HOUSE BILL REFERRED. doing service under the act of Congress of February 7, 1865 they The bill (H. R. No. 2692) to relinquish the title of the United States having been constructed in full with the requirements of said act; to certain prop~rty in the city and county of San Francisco, Cali- but nothing contained in the joint resolution shall be construed as an fornia, was read twice by its title. . indorsement of any claim now pending, or as a basis of any claim Mr. SARGENT. The Committee on Naval Affairs, I believe, has a which may hereafter be preferred against the United States by the Senate bill relating to the same matter under consideration, and I steamship company, growing ont of any existing law or contract move that this bill take that reference. whatever, excepting the law of February 7, 1865. The motion was agreed to. The joint resolution wa-s reported from the Committee on Post- Offices and Post~Roads with an amendment in line 17, to strike out EXECUTIVE COMMU!I;'ICATION. the word "existing " before "law ; " so as to read : / The PRESIDENT pro 'te:nJ]Jore laid before the Senate a communica- Thst nothing herein contained shall be construed as an indorsement of any claim tion from the Acting Secretary of the Interior, transmitting, in re- now pending, or as a basis of any claim which may hereafter be preferred against sponse to a resolution of the Senate of the 24th ultimo, a statement the United Sta~ by said steamship company, growing out of any law or contract of the aggregate number of civil officers employed in that Depart- whatever, excepting the law of February 7, 1865, above referred to. ment from Hl59 to 1875; which was ordered to lie on the table, and The amendment was agreed to. be printed. Mr. EDMUl'<.TDS. I have one or two amendments to suggest, and I PETITIONS AND MEMORIALS. have no doubt they will be entirely agreeable to the Senator from Mr. MERRIMON. I present the memorial of W. W.Corcoran,M. W. Nevada. In line 10 I move to strike out the word "the" and insert Galt & Brothers, and many other citizens, business men, residing on "any" after "for;" and to insert "lawfully" after "now" in that Pennsylvaniaavenue,remonstrB,ting against the passage of the amend- line ; so as to read : ment offered by Senator DORSEY, July 31, 1876, extending the time lawfully Said iron steamships to be substituted for any wooden side-wheel steamers now for repaving Pennsylvania avenue. The memorialists say that they doing service under the act of Congress of February 6, 1865. have already suffered great damage by the present condition of the Mr. JONES, of Nevada. I have no objection to that amendment~ Avenue, and they are anxious that the paving shall be complet,ed as The amendment was agreed to. soon as possible. I move the reference of this memorial to_the Com~ Mr. EDMUNDS. I now move in lines 12 and 13 to strike out all mittee on the District of Columbia. after the words "eighteen hundred and sixty~five;" that is to strike The motion was agreed to. out these words: REPORTS OF COMMITI'EES. The same having been constructed in full with the requirements of said act. Mr. LOGAN. I ask that by unanimous consent it be agreed that That is a matter of fact that is quite unnecessary' and it is not usual Honse bill No. 58 be taken up, and then I will give way until after to put such a statement in a law, I believe. reports are made. Tho amendmenL was agreed to. Mr. DAVIS. What is the bill t Mr. EDMUNDS. In line 14 I move to strike out the words "an in- The PRESIDENT pro te:mpore. It is the bounty bill. dorsement of" and insert" creating, reviving, or recognizing;" so that Mr. SARGENT. Of conrse it is impossible to come to any oonclu~ it will read: sion on that bill in the morning hour. • That nothing herein contained shall be construed as creating, reviving, or recog. Mr. LOGAN. I do not desire to interfere with morning business. I nizing any claim now pending, or as a basis of any claim, &c. merely ask that the bill be taken up and then I will yield to morning The amendment was agreed to. business. . Mr. EDMUNDS. In line 18 I move to strike out tho word "excep~ Mr. SARGENT. The Senator wishes to have the bill considered in ing" and insert "except such as may lawfully exist under;" so aa to the morning honr, I understand f read: Mr. LOGAN. Yes, sir. . Growing out of an:y existin_$ law or contract whatever, except such as may law- . Mr. SARGENT. I object. fully exist under the law of J:o-ebruary 7, 1865, above referred to. The PRESIDENT pro te:mpore. The Senator from California objects It is the same idea the Senator had who draughted the joint resolu- to the proposition of the Senator from illinois. Reports of commi~ tion, and states it a little more fully. tees are in order. The amendment was agreed to. Mr. INGALLS. The Committee on Pensions, to whom waareferred The joint resolution was 1·eported to the Senate a-s amended, and thepetitionoftheheirsofDanielSpalding,deceased,haveinstructedme the amendments were concurred in. to report it back and ask to be discharged from its further consider- The joint resolution was ordered to be engrossed for a third reading, ation. It appears from an inspection of the papers that the claim is was read the third time, and passed. for contingent expenses, for clothing and equipments furnished by The title was amended so as to read: "A bill (S. No.1021) allowing the ancestors of the petitioners during the war of 1812, and the com- the Pacific Mail Steamship Company to carry the mails in their new mittee ask that the papers may be referred to the Committee on Mil- iron steamships." itary Affairs. BILLS INTRODUCED. The report was agreed to. Mr. WINDOM (by request) asked, and by unanimous consent ob- Mr. SARGENT, from the Committee on N~val Affairs, to whom was tained, leave to introduce a bill (S. No. 1022) to provide for the tak- referred the bill (S. No. 923) authorizing the appointment of Acting ing of testimony to be used in the General Land Office; which was Passed Assistant Surgeon Francis V. Greene as surgeon and of Act- read twice by its title, referred to the Committee on the Judiciary, ing Pasied Assistant Surgeon Joseph J. Sowerbyas assistant surgeon and ordered to be printed. in the Navy, reported adversely thereon, and the bill was postponed Mr. MAXEY asked, and by unanimous consent obtained, leave to indefinitely. introduce a bill (S. No. 1023) for the relief of George H. Giddings, of Mr. CONKLING, from the Committee on Commerce, to whom was Texas; which was read twice by its title, referred to the Committee referred the bill (H. R. No. 354) to give an American re~ter to the on Post~Offices and Pos~Roads, and ordered to be printed. steamboat Isabel, reported adversely thereon, and the b1ll wa.s pos~ Mr. FRELINGHUYSEN asked, and by unanimous consent obtained, poned indefinitely. • leave to introduce a bill (S.No. 1024) forthe relief of HenryM. Meade, 5096 CONGRESSIONAL RECORD-SENATE. AUGUST 3, late paymaster in the United States Navy; which was·read twice by The PRESIDENT pro tempore. It will be so referred, if there be its title, referred to the Committee on Naval Affairs, and ordered to no objection. . be printed. SIGNAL SERVICE CORPS. Mr. INGALLS asked, and by unanimous consent obtained, Jeave to Mr. SPENCER. I deaire to call up and pass if possible during the introduce a bill (S. No. 1025) to authorize th~ Commissioner of Pen- morning hour a bill of general interest to which I do not think there sions to waive irregularities in declarations for pensions in certain can be any objection. I move to proceed to the consideration of Sen- cases ; which was read twice by its title, referred to the Committee ate bill No. 731, to limit and fix the Signal Service. on Pensions and ordered to be printed. The Chief Clerk read the bill. Mr. LOGAN asked, and by unanimous consent obtained, leave to Mr. SAULSBURY. I should like, before the bill is taken up. to introduce a bill (S. No. 10'.l6) for the issue of silver coin and ·to make know whether this service is required for the Signal Corps' ' a .silver dollar a legal tender; which was read twice by its title, or- Mr. SPENCER. The bill has been very strongly recommended by . dered to lie on the table, and be printed. the President of the United States, by the present and the late Sec- Mr. DORSEY asked, and by unanimous consent obtstined, leave to retary of War: and by the Signa] Service itself, and also it is very introduce a joint resolution (S.R.No.23) in relation to the Hot Springs ~trongly recommended by General Sherman, the {!eneral of the Army. reservation, in the State of Arkansaa; which was read twice by its The service has been emasculated by the sundry ci vii bill, and there title, referred to the Committee on the Judiciary, and ordered to be will be no Signal Service unless this bill is passed. It is necessary in printed. order to place the service on a permanent footing. There is a long Mr. DORSEY. Imovethattbe joint resolution (S.R.No.21) defining report accompanying the bill which can be read, if the Senator desires. the meaning and intent of the act of June 11, 1870, entitled "An act Mr. MORTON. I think this matter will give rise to some debate. in relation to the Hot Springs reservation in ArkansM./' which was I should be glad to hllve the question of reconsideration proposed by P1trodnced by me the day before yesterday, be referrea. to the Com- the Senator from Vermont [Mr. EDM-uNDS] disposed of. mittee on the Judiciary. Mr. SPENCER. This is a matter of general consequence to the The motion was ~OTeed to. country, and the matter that the Senator from Indiana speaks of is COLLECTORS OF L~TERNAL REVENUE. a local bill, entirel;v personal. Mr. SAULSBURY. Let the bill go over. Mr. SHERMAN. I ask unanimous consent to reconsider the vote Mr. LOGAN. If there is objection, of course I do not desire to say by w~ch the bill (H. R. No. 292'2) to authorize the Secretary of the anything. Treasury to make allowances for compensation to collectors of inter- Mr. SPENCER. My motion is pending. nal revenue who went out of office prior to February 8, 1875, upon Mr. LOGAN. I merely deaire to say, in addition to what the Sena- :final settlements of their accounts was indefinitely postponed on the tor from AJ.abama has stated, that this matter of organizing the Sig- report of the Committee on 'Finance. Upon official information re- nal Service is a very important consideration. It does not affect the ceived by me this morning, I ask that this vote be reconsidered stnd service so far as the Army is concerned, except that it puts it upon a the bill recommitted to the Committee on Finance. basis where these officers cannot be taken away at the will and pleas- The PRESIDENT pro tempore. If there be no objection, that order ure of anybody and assigned to other places after they have learned will be made. · the duties of their office. The object of the bill is to establish the REPORT OF SOUTHERN C~S COMMISSION. service upon a permanent basis1 and it is a very important matter, I Mr. WRIGHT. I rise to offer a resolution, and before I present it think, to the whole country. It does not change or affectth13 amount I wish to state one fact. It appears that by the act of March 3, 1875, of money to be expended under the appropriation bill for th:., dervice. provision was made for printing fifty copies of the summary report There are some amendments proposed ·by the Committee on Military of the southern claims commission, that is, the list of claims that were Affairs, which I suggested myself, in reference to the pay of these rejected, twenty-five copies thereof for the use of the Senate and officers, cutting them down to infantry pay instead of cavalry pay, twent'f-five for the use of the Honse. It seems that no provision was but so far as expenses are concerned the bill does not affect the gen- made m that act for giving to the southern claims commissioners eral cost of the service. themselves any copies of this report. My attention has been called l\fr. SAULSBURY. I think the bill had better go over. to it by the commissioners. They t.hink it but rig;ht and proper that Mr. McCREERY. The consideration of this bill having been ob- at least five copies shall be given to them of the twenty-five, and I jected to, I ask the Senate to proceed to the consideration of-- suppose there will be no objection on the part of the Senate to giv- The PRESIDENT pm tempm·e. The question has not yet been sub- ~g them these five copies, as they seem to be quite important for mitted to the Senate. The Senator from Alabama moves the present their use. At their request I have draughted t:6e following resolution: consideration of the bill be has named. · Reaolved, Tha t whenever the twenty-five printed and bound copies of the sum- The motion waa agreed to; and the Senate, as in Committee of the mary report of the commissioners of claims, ordered for the use of the Senate, a~e Whole, proceeded to consider the bill (S. No. 731) to limit and fix the received by the Secretary of the Senate from the Public Printer, he shall deliver Signal Service. It authorizes the President to appoint, as assistants five copies thereof to the said Commissioners for their official use. · to the Chief Signal Officer, two majors, six officers who shall have the I trust there will be no objection to the present consideration of the rank and pay of captains mounted, six who shall have the rank and resolution. pay of first lieutenants mounted, and six who shall have the rank The resolution was considered by unanimous consent, and agreed to. and pay of second lieutenants mounted, or to detail as su.ch a~sistants the said number of officers who shall have respectively the said rank ORDER OF BUSINESS. and pay while so serving. Several Senators addressed the Chair. Section 2 provides that the enlisted force shall be maintained as Mr. EDMUNDS. I rise to move to take up the motion to recon- hitherto upon dut.y, and not to exceed one hundred and fifty ser- sider Senate bill No. 917, relating to the patent of Erastus T. Bussell, geants, thirty corporals, and three hundred privates; and the en- which I made yesterday; but if there are any further resolutions, of listed men of the Signal Service shall receive pay at the rates for- course they are entitled to precedence. merly fixed for enlisted men of the Signal Corps of the Army of sim- The PRESIDENT pro te-mpore; The Senator from Iowa ha.s not ilar grades; but all acts or parts of acts relating to the duties of the yielded the floor yet. Chief Signal Officer and the Signal Service shall remain in force. Mr. EDMUNDS. I supposed when a bill O! a rcsglution was pa.ssed The amendment reported by tb.e Committee on Military Affairs was the floor was empty for the moment. to strike out the word" mounted" in lines 5 and 8 and in lieu there- Mr. WRIGHT. I shall not interfere with the Senator from Ver- of insert" of infantry." mont. What I wished to propose to do was to take up House bill Mr. LOGAN. The Senate will understand that that amendment, No. 3168, relating to partition of real estate in the District of Colum- instead of giving cavalry pay, gives infantry pay, which reduces the bia. That bill the Senator from Vermont is familiar with; but I do expenses as they exist. not wish to interfere with him. Mr. SAULSBURY. I inquire w.hether this bill does not increase the Mr. EDMUNDS. I wish the Senator from Iowa would let me take expense of the Signal Service f np the motion to reconsider. Mr. LOGAN. No, sir. Mr. DAVIS. I have a resolution to offer. There will be no ob- Mr. SAULSBURY. My understanding is that in the sundry civil jection to it, I know. bill there was an appropriation for that service. The PRESIDENT pro ternpore. That being morning business takes Mr. LOGAN. Yes, sir. precedence. Mr. SAULSBURY. My impression is that this bill will increase FlTh"ERAL EXPENSES OF ALLEN T. CAPERTON. the expense of that service and require an additional appropriation. Mr. DAVIS submitted the following resolution; which was consid- Mr. LOGAN. Not at all. The appropriation bill provides for the amount which shall be expended this year, and this bill does not af- ered by una,nimous consent, and agreed to: fect that at all. These officers are paid in the Army and it is a. part Resolved, That the Secretary of the Senate p{Ly from the contingent fund of the of the pay of the Army, and they are officers of the Army now. The Senate, upon the approval of the Committee to Audit and Control the Contingent Expenses1 the expenditures made by the Sergeant-at. .Arms on account of the death effect of this am~ndment, as the Senator will see, is to reduce the pay and burial of Ron. .A.LLEN T. CAPERTON, late a Senator from th.e State of West Vir- of the officers from that of cavalry officers to that of infantry officers, ginia. which makes quite a difference so far as the pay is concerned. HA.MBUBGH RIOTS. Mr. SAULSBURY. If the Senator says that is the case, I have no Mr. MORTON. I ask that the resolution I offered yesterday to print objection to the present consideration of the bill. the Presiuent's mesRage relating to troubles in South Carolina be re- Mr. LOGAN. It does not now increase it; that is certain, because ferreu to the Committee on Printing. I thought it was untp. just now. we cannot get any further appropriation, and I would not a-sk for any l"B"76. CONGRESSIONAL RECORD-SENATE. 5097 myself. The appropriation is less f6r this year and this hill does not manufacture these articles after the expiration of the· patent, ·tltey affect it either directly or indirectly. All that this bill does is to must necessarily have fitted themselves up for that purpose; they make the service permanent. must have possessed themselves of the proper machinery, and may The amendment was agreed to. be engaged to-day in that business. You, therefore, by the extension The bill was reported to the Senate as amended, and the amend- of this patent stop these gentlemen, whoever they maybe. I do not ment was concurred in. know that there is any such person; but I suppose that may be the The bill was ordered to be engrossed for a third reading, read the case from the precaution that is taken to guard against any liability third time, and passed. on their part. You at once render entirely useless all the capital ERASTUS T. BUSSELL. they may have invested in ma{}hinery, shops, &c., necessary to man- Mr. EDMUNDS. Mr. President, I move as an act of justice to the ufacture these springs after the expiration of this gentleman's pat- gentleman whose patent matter was disposed of yesterday to take up ent. We may be doing this gentleman a favor, but we may be do- the motion to reconsider that I entered yesterday in order that the ing great injustice and injury to other gentlemen by the passage of matter may be now disposed of. I voted against the passage of the this bill. I do not wish to do this gentleman any injustice, and I do bill, coming in late, because it appeared to me that it was not suffi- not want by any act of mine to do any injury to other 'p arties who ciently guarded in respect of arti}les that might be manufactured have engaged in this business after the expiration of this gentleman's during the period that this patent has expired since 1874 and down patent. I therefore cannot vote for the bill. · to the new extension. With an amendment which I propose to ofter, Mr. WAD LEIGH. I presume that the Senator from Delaware and if it be reconsidered, to protect everybody who has manufactured ar- myself will not disagree and that the Committee on Patents will not ticles during that time and to use them afterward, I should be will- disagree with him in reference to the general rule which should be ing to vote for the bill. I move, therefore, to take up the motion to adopted in relation to the extensions of patents. I am opposed to reconsider. any general extension of patents. I think they should not •be ex- The motion wa.a agreed to ; and the Senate proceeded to consider tended except in so~e peculiar cases where great hardship has been the motion to reconsider the vote by which the bill (S. No. 917) to suffered by t.he inventor and where justice and ri~ht demand that his enable Erastus T. Bussell, of Indianapolis, Indiana, to make applica- patent should be extended for the purpose of givmg to him what the tion t.o the Commissioner of Patents for extension of letters-patent Constitution gives him. In this case I assure the Senator bom Del- for a" combined rubber and spiral steel spring" was rejected. aware that no injustice of the kind to which he alludes can possibly The motion to reconsider the vote on the pa-ssage of the bill was happen. The committee examined into that question, and they ascer- agreed to. tained that so far from any injustice being done to gentlemen who Mr. EDMUNDS. Now I move to reconsider the vote ordering the may have bt>.en engaged in manufa{}turing ·these articles there are third reading of the bill, so that I may offer an amendment. none of those gentlemen who have not done great injustice to this The motion was agreed to. . inventor. They have been using his invention for years; they have Mr. EDMUNDS. Now I move to add at the end of the present pro- been fighting him in the courts ; they have been preventing him from viso the following words : getting any reward for his ingenuity, skill, labor, and time, and there Nor in respect of any article manufactured during said time, nor shall any right are no manufacturers of these springs which have not been in exist- exist to prevent the use of any such article so manUfactured during the said tim.e. ence for along time infringing on the rights of this gentleman. So that the proviso will read : Mr. SARGENT. Did the court sustain him T "' Provided, That no damages shall be collected of any person for an infringement Mr. WAD LEIGH. The courts sustained him in 1814. of said patent between the time of the expiration of said patent and the time of the The PRESIDENT pro tempore. The question is on the amendment renewal of the same, nor in respect of any article manufactured during said time, of the Senator from Vermont. nor shall any right exist to prevent the use of any such article so manufactured The amendment was agreed to. during the said time. The bill was ordered to be engrossed for a third reading, was read 'fhe word "during" in the print should be changed to" between.'' the t~rd time, and paBSed. Mr. CONKLING. The Senator from Vermont seems to be diverted DA.VID DE HAVEN. for a moment. I suggest to him that that should be "after the ex- Mr. SARGENT. I move that the Senate proceed to the considera- tension and before the renewal thereof." . tion of Senate bill No. 932,for the relief of David De Haven. Mr. EDMUNDS. Yes, it should be so changed according to the print. The motion was agreed to; and the bill (S. No. 932) for the relief Mr. WAD LEIGH. I will simply say to the Senator from New York of David De Haven was read the second time and considered as in and the Senator from Vermont that if they will reflect one moment Committee of the Whole. It provides for the payment to Captain they will see that nothing of that kind is necessary, because this ex- De Haven, of Boonville, Missouri, of $50,000, in full payme;nt arld tension when granted by the Commissioner, if it·shall be granted, complete satisfaction of his claim against the Government of the does not relate back to the expiration of the patent, and from the United States for the steamboat Alonzo Child, of which he was for- expiration of the patent until the .extension is issued anybody can mer ma-ster and owner, and which boat was taken possession of by manufacture and anybody can sell articles thus manufactured with- the officers of the Mississippi squadron, and used and appropriated out this inventor having any rights whatever agai~t such a person for the benefit of the Government of the United States in tlie sum- under the law as it now stands, without any proviso in the bill at all. mer of 1862. Mr. CONKLING. I am not sure that that is not so as matter of Mr. EDMUNDS. I should like to hear the report in that case read. law. I was talking about the sense of the amendment. If the amend- That is quite a handsome little sum of money. ment is necessary at all, it ouo-ht to mean something. The Chief Clerk read the following rel?ort submitted by Mr. SA.R 4 Mr. EDMUNDS. I do not dispute my friend's law; I am too wise GENT, from the Committee on Naval Afiaus, on the 21st of June: for that. But I took it for granted that as there was a proviso in this bill of exactly this character, only that it was too narrow, the framer The Committee on Naval Affairs, to whom was referred the claim of Captain of the bill and the committee who reported it .thought as a matter of David De Haven, of the State of Misso~ for the loss of the steamer .Alonzo Chilrl, beg leave to report that they have had the matter under consideration, and have precaution it was desirable to make an absolute and unquestioned carefully examined the evidence submitted in sppport of said claim and find the security. Therefore my attention was only directed to perfecting the following facts fully establish£.d: limitation contained in the proviso in the bill. About the month of April, 1861, Captain David De Haven, the claimant, was the Mr. WAD LEIGH. I will say now in reference to this bill as well as master and owner of the steamer known as the Alonzo Child, which was at that time a. regular passenger-packet plying on the Mississippi River between Saint other billB reported from the Committee on Patents that that has been Louis and New Orleans. That about the middle of the said month of April the put in the bills for the purpose of not arousing any objection in the said packet cleared the port of Saint Louis on her regular trip, arriving s;rlely at Senate and thereby obstructing their passage; but any lawyer will New Orleans, where she remained a. short time to take in her cargo, and then 1eft see on reflection that it is not necessary, because when there is no that port under regular clearance-papers from the United States custom-house for the port of Saint Louis. patent no right can be gained by the inventor. That when opposite Memphis, Tennessee, on her upward-bound trip, that city Mr. EDMlTNDS. But there was a patent, and it is to be renewed, bejng then in the hands of the confederates, a shot was fired a.oross the bow of the and it depends upon the date when the renewal takes effect. If this said steamer from one of the confederate batteries and Captain De Haven wa.'i direcied to bring his boat ashore. There being no alternative but to obey this man is to be re-instated as of his former estate in the regular way, order, the captain ran his boat asho:re and made a landing. under the principles of the patent law, then the extension would As soon as this was accomplished his boat was boarded by a. strong detachment operate all the time unless there be special words to prevent it; but of soldiers under one Captain Frank Hicks, the cargo discharged and confis. there is no nse in spending time upon it. Certainly the amendment cated, and the boat retained by the said Captain Hicks and his command. ·· Captain De Haven, finding himself completely in the power of the enemy, im- will not do any harm. mediately proceeded to the headquarters of General Pillow, and made every effort Mr. WAD LEIGH. I do not object to. it. in his power to get his boat released and to be allowed to pass up the river. In Mr. SAULSBURY. I voted against this bill yesterday on the general this, however, he entirely failed, and thinking that if he remained with his boat principle that the extension of patents is wrong. I am told that this and kept his own men on board of her he could the better protect her from injury, and hoping that an opportunity would be afforded him to escape, he made a. request patentee is a very worthy gentleman and yery poor. I have no doubt to be permittOO to remain with her, which was granted, and his officers and men that is true, and I ~o not want by any vote of mine to do him injust- remained with him on the boat until the confederat-es ran her into the Yazoo River, ice; but I think a.a a general rule it is entirely wrong, and it is better and blockaded her with rafts, so that she could not be got out, and then }le left her, that private individuals should suffer than the public generally suffer leaving two of his men on board of htr to watch her, and to keep him advised of any change tha.t might take place, and with instructions, also, that should the by granting the extension of patent-rights. Federal forces get possession of the river and recapture her, to inform them that it There is an admission in this bill that there haY9 been springs man- was his boat, and also the circumstances of her capture by the confederate forces. ufactured by other parties than this gentleman, and precaution is 0aptain De H~ven, finding it useless to remain lonuer with his boat, with a. view taken to guard against the patr.ntee having rio-bts as against those of getting beyond the confederate lines, and bein~ i;imself in feeble health, went into the intenor of the State, to Silelly Springs, wnere he remained a long time an parties so manufacturin~; but you can see ve~y readily how those invalid. • parties may be damnifiea. by the passag) of this bill. In order to Some ~e in 1862, the Federals got possession of the Yazoo River, and fouud 5098 CONGRESSIONAL RECORD-SENATE. AUGUST 3, this steamer lying at Yazoo City, with her cabin furniture undisturbed, bed and this report, on what authority of law it is that be states that this beddin~ sufficient to accommodate seventy-five men, and a cargo of yellow pine, was not a lawful capture by the United States forces when we seized consisting of about one hundred thollB&Dd feet, all of which together with the boat, wa.s taken possession of by the Mississippi squadron, under Admiral Porter, the vessel and got her back f I had the impression that the law and the boat used in the naval service for nearly a year, when she was by them wa.s-- completely gutted, and her hnll condemned and sold as a prize at Mound City, 1\Ir. SARGENT. I think I did not say in the report that it was llliriois and purcha.sed by the Government. unlawful for the American forces to recapture her. The further fact appears that at the time that the Federal forces took possession of this boatt they were not only informed by the two men whom Captain De Haven Mr. EDMUNDS. What I mean by "lawful capture" is a lawfnl had left on ooari:l of the boatthatshewastheproperty of Captain DeHaven, and of capture jure belli, and that is one which changes the property and the circumstances under which she Wllo8 taken from him by the confederate forces, transfers the dominion from the government from which the capture but that the chief engineer of the Mississippi Rqnadron, who actuallytookpossession was made into the government making the capture. of the boat, was well acquainted with Captain De Haven, bad know him for a long time, and knew his boat, and as soon as they came in sight of the boat, told Admiral Mr. SARGENT. My impression is that the Senator would hardly Porter that it was Captain De Raven's boat, the Alonzo Child, and that he knew desire tha.t I should assume to instruct him upon the law on that him well, and that be was a loyal man. point. It further appears that as soon as Captain De Haven was informed of the fact Mr. EDMUNDS. No; but I asked him to explain to the Senate that the Federals had got possession of his boat, be sent a message to General Mor- ~an L. Smith, with whom he was acquainted, and who was then in comma-nd of a what is stated in the report. t division of the Federal forces at Snyder's BlufiS, the point to which she bad been Mr. SARGENT. Unquestionably it is the law of nations, well set- taken after her recapture, that the Federal forces had ~ot possession of his boat, tled and laid down by all the leading authorities and our own Supreme the Alonzo Child, and requested him to protect his interests therein. It further appears that at the time the boat wa~ takon possession of by the Fed- Court, that where a vessel or any other property or. thing belonging eral forces she was ne!M'ly new, and had cost Captain De Haven ~5,000 in gold, to the citizens of one government has fallen into the possession of an and the chief engineer of the Mississippi ·s quadron, to whom she was turned over, enemy, on being recaptured by the forces of the nation friendly to and by whom she was used, swears that she could not have been built short of the individual, it should be returned to him. I lay that down as a 1125,000. Captain De Haven was and is a resident of a loyal State, and his loyalty is es- broad proposition and have proceeded on that theory in this report. tablished beyond question; and as tppoint· from the honorable Senator who .sits immediately behind me and also ment of Public Printer be, and the same are hereby, r epealed. from certain other Senators. I did not yesterday evening, by reason There wa.s no Public Printer at the time this bill was before us, of a motion ma-de to adjourn by the honorable Senator from Rhode and therefore this enrolled act, as I ~nderst~nd it.! abolishes an.office Island, [Mr. ANTHONY,] have a.n opportunity to reply to the objec- which did not exist, and the one which was mtencted to be abolished, tions made by these Senators to my amendment ; and now in order that ' I suppose, still exists. I move that the matter be referred to the Com- I may have that opportunity I shall do what I have never done before mittee on the Judiciary. in the Senate, make a dilatory motion. I now move that the river Mr. EDMUNDS. What is the point T Why not refer it to the Com- and harbor bill be recommitted in order that I may have an oppor- mittee on Printing! tunity to say what I desire to say in answer to what was said yes- Mr. ANTHONY. Because it is a legal question. Perhaps it should . terday. go to the Committee on Appropriations. The PRESIDENT p1·o tempore. The Senator from Oregon moves the Mr. EDMUNDS. Let it go there. recommittal of the bill to the Committee on Appropriations. The The PRESIDENT pro tempore. The matter will be referred to the question is on that motion. Committee on Appropriations, if there be no objection. Mr. MITCHELL. Now, Mr. President-- Mr. ANTHONY. It is an error in the enrolled bill. I have made Mr. ALLISON. Before the Senator proceeds on that theory, I should inquiries at the State Department and have received a dispatch from like to make a suggestion. I do not wish to disturb him at all; but, the Secretary of State. So I suppose the office of Congressional if I understand the rule, a motion to recommit is also subject to the Printer still exists. fi.ve-minnte arrangement. TREASURY STATEMENTS AND ACCOUNTS. The PRESIDENT pro tempore. The five-minute rule only applies Mr. DAVIS. It will be recollected a few days ago I gave notice to Mr. amendments. ALLISON. Then I have failed to read the rnle correctly. that this morning I should ask the Senate to take up the report of Mr. MITCHELL. Mr. President, yesterday the honorable Senator the Committee on Finance on the Treasury discrepancies so that I from Delaware [Mr. BAYARD] in making his objection to the amend- might make so~e remarks. I then ex~epte.d th~ b~ now ~endin.g. I now give notwe that to-morrow mormng, if th1s bill shoulu be dis- ment offered by myself used this language: BAYABD. I trust the Senate will pause long before they give their consent posed of in the mean time, I shall ask the Senate to allow me to sub- toMr. the doctrine of this amendment. We have had the question raised in this body mit my remarks in the morning hour. several times, and I am not aware that any decision can be found for it. I am not aware of any judicial decision of the courts of the United States, and certainly THE HAWAIIAN TREATY. there has been no legislative precedent for any such claim of power on the part of Mr. SARGENT. I ask leave to make a remark. The legislation to the Government of the Unit.ed States. If yon can assume such a right to con- give effect to the Hawaiian treaty has been pending before the Sen- demn lands in invitum, what becomes of the right of eminent domain which in all periods of the history of this Government has been supposed to be vested in the ate for some time. We have been prevented from bringing it np by States themselves~ the fact that so much time was absorbed by the impeachment and The doctrine enunciated by the honorable Senator is that the Gov- other important matters. I shall ask the Senate as early as possible ernment of the United States has no power whatever to exercise the to give conside~ation to that legislatio~. Business intere~ts are. be- right of eminent domain over lands within a State desired for the ing somewhat d1sturbed for want of action. For these considerations use of the United States Government unless the consent of the State and because of the importance of the measure, I shall ask its earliest has been first had. In the course of the discussion, the honorable consideration. Senator who sits immediately behind me [Mr. CoNKLING] used these Mr. MITCHELL. I concur fully in that suggestion. words: POST-ROUTE BILL. Mr. CoNKLING. I wish the Senator would let me understand the Senator from Oregon. Does he say that there iB no statute of Oregon under which the United Mr. HAMLIN. Allow me to say in that very connection that I States may take property for a public building or anything else! shall ask the Senate to give consideration to the post-route bill as Mr. MITcHELL. I know of no such statute in Oregon. There is a general in- soon as the pending measure is disposed of, and I hope the Senate corporation law providing for the condemnation of private property for public use. ww give me an opportunity. Mr. CONKLING. I suggest that Oregon had better prepare herself to receive appropriations for improvements. I MESSAGE FROM THE HOUSE. Thereby concurring, as I understand, fully with the doctrine laid A me~ge from the House of Representatives, by 1\fr..G. M. ADAMs, down by the honorable Senator from Delaware. which, as I have its Clerk, announced that the House had non-concurred m the amend- stated, is to the effect that the Governme~t of th~ United S.tates ments of the Senate to the bill (H. R. No. 3625) providing for the through its Congress b:ls no power to exerCise the nght of emment sale of Osage ceded lands in Kansas to actual settlers, and requested domain over lands within a State unless the consent of the State is a committee of conference on the disagreeing votes of the two Houses first had. thereon ; and that the Speaker of the House had appointed Mr. JOHN Mr. CONKLING. ?t:ir. President, the Senator will pardon me. Be- R. GoODIN of Kansas, Mr. LAFAYETTE LANE of Oregon, and Mr. fore he proceeds now to knock me down in argument, I wish to dis- J.ums W. McDILL of Iowa, managers at the conference on the part claim altogether the construction which he pots upon my remark. of the House. He commenced by sayini that I had violently opposed this amend- CONGRESSIONAL RECORD-SENATE. AuGUST 3, ment, whereas my impression was that I had merely undertaken to mentary authorities. Upon this point I refer first to Cooley's Con- understand what the amendment means. Now he refers to my re- stitutional Limitations. I read from page 525: mark that Oregon had better prepare herself to receive improvements. As under the pe.c uliar American system the protection and regulation of private I beg to state to him in advance that what I meant was exactly this: rights, privileges, and immunities in general properly pertain to the State govern- that inasmuch as the Legislature of the State of New York, with menta, and those governments are expected to make provision for those conven- iences and necessities which are usually provided for their citizens through the whose doings I a.m. more familiar, and the Legislatures of all other exercise of the right of eminent domain, the right it.self, it would seem, mu!'lt per- States whose action ha-s been brought to my knowledge in that connec- tain to those governments also, rather than to the government of the m\tion; and tion, with which I am less familiar, have at all times spontaneously and such has been the conclusion of the authorities. In the new Tenitories, however, readily done whatever was necessary to make over to the United where the Government of the United States exercises sovereign authority, it po.~­ sesses, as incident thereto, the right of eminent domain, which it may exercise di- States both possession and jurisdiction where that was necessary to rectly or through the tenitoiia.l governments; but this right passes from the nation the construction or completion of a work, I thought it would be well to the newly formed State whenever toe latter is admitted into the Union. for Oregon, if she had not .that kind of statute, to adopt "it in order to remove any impediment which might be found in receiving such ben- But now hear what follows: efactions or benefits, if that be more accurate, conferred by the Con-: So far however, as the General Government may deem it important to appropri· ate lanfu; or other property for its own purposes, and. to enable it to perform its gress of the United States. functions-as must sometimes be necessary m the case of forts, light-houses, mil- Mr. MITCHELL. Mr. President, the only trouble with the position itary posts, or roads, and other conveniences and necessities of government-the of the honorable Senator from New York is that the Supreme Court General Gi>vernment may still exercise the authority, as well within t.he State as of the United States, as well as several other courts in the different within the Territory under its exclusive jurisdiction, and its right to do so may be supported by the same reasons which support the right in any case; that is to say, States, have decided that, so far from the States having any power to the absolute necessity that the means in the Government for performing its func- exercise the right of eminent domain for the benefit of the United tions and perpetuating its existence should not be liable to be controlled or defeated States, no such power exists. by the want of consent of private parties or of any other authority. Mr. CONKLING. I did not affirm that it did exist. I will affirm I refer also to a very able decision made by Judge Cooley in the what I believe to be the law about it when I get the opportunity, case of Trombley vs. Humphrey, 23 Michigan, page 471. In that able but I do not wish words put in my mouth. opinion, in discussing lhe powers of the General Government to ex- · Mr. MITCHELL. I think I had a perfect right to infer from the ercise the right of eminent domain without the consent of the States, language used by the l;wnorable Senator from New York that it was he uses this language, and here I take pleasure in stating that I learn his judgment that it was the duty' of the State of Oregon, before from the report that my honorable friend from Michigan [Mr. CHRIS- coming to the Congress of the United States and asking for a.n ap- TIANCY] participated in that decision: propriation in aid of a great internal improvement and for the con- Under the division of the power between the United States and the individual demnation of private property within the limits of the State of Ore- States, each has its sphere of sovereignty, within which it moves and operates with- gon necessary for that improvement, to give its consent. That I under- out let or hinderance from the other, and within that sphere it employs the eminent stand to have been the position of the honorable Senator yesterday. domain whenever needful to the complete and e.!fectual eurci.s11 ojita powers, and with If it is not his .position. to-dayiamglad to see that he has reformed, as little occasion or necessity for the permissiOn or assistllllce of the other as if tbe two governments were wholly foreign to eaoh other instead of being constructed as and that he has accommodated his views to· the decisions of the parts of one harmonious system. . courts and the views of elementary writers on this particular subject. The right to take private property for public purposes is an incident to gll gov- I said yesterday before I had time to examine the authorities upon ernments. (Baldwin, 205.) this point, that I was surprised at the position taken here that it was And so it is, Mr. President, it is. incident to all governments. It necessary to ask the consent of a State before the Congress of the does not come, perhaps, so much from the Constitution as from the United States could exercise the right of eminent domain in construct- faot of sovereignty; as every sovereign State may exercise this right ing a great public improvement. That never was the law. No court within its sphere, or else there is an end at once to all government. ever held that, so far as I know, and I am surprised at the honorable But not only so, the authority in the case of Michigan does not stop Senator from Delaware to-day in hearing him enunciate the doctrine here; neither does the authority of the Supreme Court of the United that he has enunciated here. Why, Mr. President, that would have States stop here; but they go further, and they uproot and under- done very well under the old government of the confederation, where mine the suggestions and the positions made and taken yesterday by no power could be exercised by the Congre~ except those powers that the honorable Senator from New York and the honorable Senator were exp1·essly delegated; and that is one reason why the govern- from Delaware. ment of the old Confederation wa-s set aside by the people of this Mr. SAULSBURY. Will the Senator allow me to ask him to recon- country who, in order to form a more perfect union, ordained and cile what he is now expressing with the seventeenth paragraph of establislled the Constitution. But there are certain implie4 powers section 8 of artiole 1 of the Constitution, which says Congress shalJ under the Constitution of the United States and there are certain ex- have power- press powers. What is one of the express powers T By article 1, sec- To exercise exclusive legislation in all cases what-soever, over suoh district (not tion 8, oi the Constitution Congress shall have power- exceeding ten miles square) as may, by cession of particular States and the aecept- To regulate commerce with foreign nations, and among the several St.'\tea, and ance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature with the Indian tribes. of the State in which the same shall be, for the erection of forts, magazines, arse. nals, dock-yards, and other needful buildings. · In reglllating commerce they have a right under this clause, as has been decided over and over again, to encourage commerce, to promote I should like him to reconcile the opinion which he is now express- commerce, and how is this doneY By the improvement of our rivers ing with this clause; and then to answer this further interrogatory, and harbors, by the construction of canals, and by the building of whether he believes it is competent for the General Government to railroads, if you please. As an incident to that power it becomes enter within the limits of a State and acquire property for any and. necessary to condemn private property, not only within the Territo- for every purpose that Congress may determine f ries, but within the States; and the constitutional question raised by Mr. MITCHELL. No question about it, Mr. President, provided the amendment that I have offered to this bill is simply whether the that property is necessary to carry out any end that Congress may Congress of the United States can exercise the right of eminent do- have in view within its sphere. I will answer the honorable Senator main over private property within a State without the consent of the further that that provision of the Con.Btitution does not apply and bas State. It has been decided in Ohio ; it has been decided in Michigan; no kind of reference to the question of t.he appropriation of property. it has been decided, I think, in California, and, better than all, at the It only refers to the exercise of jurisdiction over the property after it last term of the Supreme Court of the United States the Supreme has been acquired. That has been decided. That was decided in the Court unanimously decided it. It is true Judge Field dissented from case. in Michi~an; that was decided by the Supreme Court of the the judgment upon certain minor points involved, but upon the gen- United States m the case to which I have referred. I call the atten- eral question as to the right of Congress to exercise the right of em- tion of the honorable Senator, in answer to his interrbgatory, to the inent domain within a State, that question was :finally and conclu- following in the case from Michigan. I read from the syllabus: sively settled in the case of Mary R. Kohl and Others, Executors of Consentof State not condition-precedent, only necessary to transfer jurisdiction. John S. Kohl, vs. The United States, deciued at the October term, 1875. The consent of the State is not a condition-precedent to the taking of lands by the The ca.se came up from the State of Ohio in reference to the condem- General Government. Its consent is required only for the purpose of a. transfer of jurisdiction. · nation of land in Cincinnati. Mr. SHERMAN. I will state to my friend, as I happen to know And the Supreme Court of the United States, I will say to the hon- about it, that there was some difficulty in getting the needed legis- orable Senator from Delaware, [Mr. SAULSBURY, 1 following up that lation from the State of Ohio; indeed it was practically impossible; idea and adopting the principle and I may say iilinost the very lan- and therefore that made a test case of the authority of the United guage of the supreme court of the State of Michigan, holds to the same States which condemned a whole square in the city of Cincinnati, a view, as I will show. I now read from the decision of the Supreme square appraised at six or seven hundred thousand dollars. The Court of the United States in the case of Kohl et al. 118. The United matter was contested with great activity by many of the lot-owners, States, decided at the October term, 11:375, in which they use this lan- carried through aJl the stages of litigation, and it was intended by guage: the Government of the United States to be a test case as to its right The consent of a. State can never be a. condition-precedent to its enjoyment. Such to condemn private property for public use. consent is needed only, if at all- Mr. CONKLING. That was for a custom-house and post-office 7 Even a doubt in the mind of the Supreme Court whether it is Mr. SHERl\IAN. Yes, sir. . needed at all- Mr. MITCHELL. Before proceedin~ to call the attention of the only, if at all~ for the transfer of jurisdiction and of the ~bt of exclu.elve legisla- Senate to precisely what that decision 1s, I wish to refer to a few ele- tion after the land shall have been acqnired. 1876. CONGRESSIONAL RECORD-SENATE. 5101 So it is not a condition-precedent to the taking of the land. It is accomplished within then· territorial limits, are just as much beyond the scope of a monstl'Ons doctrine, let me sa.y to the honorable Senator from Dela- the eminent domain as J>OS868sed and exercised by them as they would be.if to be a-ccomplished within the exclusive jurisdiction of a. foreign nation. lJnder the ware, to hold that before the Congress of the United Sta.tes can ap- division of pOJVers between the United States and the individua.l States each' has propriate a foot of land for a fort or an arsenal or an armory or a ita sphere of sovereignty within whic;:h it moves and operates without let or hinder- ligbt-honse or a canal they must obtain the consent of the State or ance from the other, ana within that sphere it employs the eminent domain wher- the consent of anybody else. Such a doctrine would destroy this ever needful to the complete and effectual exerciae of iU! powers, and with as little occasion or necessity for the permission or assistance of the other as if the two Government and make it as powerless before the people as was the governmenU! were ~holly foreign to each other, instead of being constructed a8 government of the Confederation, where they could not exercise any parts of one harmomous system. For th:e one to enter the sphere of the other and power except that power was expre8sly granted to them in the Arti- employ its officers and machinery in the exercise of its eminent domain for the cles of Confederation. benefit of the other would not only be as much without warrant, but also as much a work of supererogation, as for the UnitOO. States to exercise thfl like anthoritv But, Mr. President, not only so, a.s I was about to say, when inter- and employ the like agencies in a. foreign country in order to ap~ropriate individuai rupted by the honorable Senator from Delaware, the decisions and property therein for the benefit of the government of such foreign coUDtry, which, the elementary writers on the subject go further, not merely to the aa a. sovereignty, had powers of iU! own fully adequate to the purpose. In the exercise of its sovereignty, and as a part of its provision for the regulation, effect that Congress may exercise this power, but they go further and control, and protection of commerce- say the States have no right to exercise it for the Federal Gov- ernment, and why f For the simple reason that every sovereignty Now, speaking of commerce- may exercise the right of eminent domain, for what purposes! For the United States erects light-houses, and may without question seize the property its own purposes, but not for the purposes of another. The right of of individuals for the purpose, observing the constitutional requirement of mak- ing due compensation therefor. To do this, would be but an ordinary exercise of eminent domain is a right recognized the world over, in all govern- the right of eminent domain. But when the State undertakes to do the same- ments, in all sovereignties: in France bymaking compensation as we I call attention to this- do here ; in England frequently without making any compensation. That right, deemed so necessary to the welfare of a great govern- But when the State undertakes to do the same-not for any purposes of its own, but in order to turn the property over to the United States, thediffi.cultiesappear ment, is exercised time and again, and has been as I have said in En- to ns insurmountable. In the first place there can be no necessity for the exercise gland without making compensation, although they sometimes do of this right by the Stat~s for this purpose, for the authority of the nation is ample make cgmpensation. What is the law, then! Not as suggested by for the supply of its own needs in thls regard UDder all circumstances. In the sec- the ~onorable Senator from Nelf York; not as stated and elabor:~;ted ond place, the eminent domain in any sovereignty exista only for its own pur- poses. by tfi·e honorable Senator fro:i!r Delaware1 [Mr. BAYARD,] but JUSt the reverse. The law is that no State Within the Federal Govern- "Only for its own purposes." The United States cannot condemn ment can condemn property for the nse of the Federal Government. property for the use of a State, neither can the sovereign power of a Mr. CONKLING. I interpose now a second time. · I have once said State condemn property for the use of the sovereignty of the United to the Senator from Oregon that I expressed no opinion on this ques- States. Each one is exclusive within its own sphere and its own tion. I have read the RECORD, and I find tha.t I expressed none. jurisdiction. Haying disclaimed it, he has now for the third time imputed to me But further: w bat I never said or never intimated; and as I am not ambitious to And to fnrniah machinery to the ~neral Government, under and by means have the Senator from Oregon associate my name with this debate- which it is to appropriate lands for national objects, is not among the ends contem- plated in the creation of the State government. Thus we perceive that the founda. ! will do that myself if I choose to do it-I ask him again to omit me tion upon which must repose the nght to appropriate individual property againat when he refers to the Senators who have stated in the Senate the the will of the owner under the emment domain is wholly wanting in the case be- contrary of this doctrine. I said nothing about it ; I maintained fore us. We do not doubt that the appropriation would have been effectual had the United St.at~s seen fit to aooept the land and the owners to receive the com- nothing about it. I have my view about it, which I will endeavor to pensation aws.rded ; for a. statute may transfer the title to land in any form the state myself, inadequate as that statement ntay be compared with parties mutually assent to, (Embury vs. Conner, 3 New York, 511 ;) but, UDtil the ooe which the Senator from Oregon may make. But now in good aasent of both is signified, the proceedings are and mnst be wholly inoperative." nature and in seriousness, I say to him again that I will thank him The Supreme Court of the United States, following in the line of to omit me in this repetition time after time of what has been said that decision, delivered their opinion in the case of Kohl t,s. The by Senators. United States at the October term la.st. The opinion was delivered Mr. MITCHELL. I certainly have no intention of doing the Sen- by Mr. Justice Strong, and it asserts the doctrine, as I have stated, ator from New York any injustice, nor am I ambitious to associate positively and emphatically that the right of eminent domain not only his name with a debate that he does not care to have it associated exists in the General Government to condemn private property within with t but, unfortunately, the Senator from New York himself asso- a State for the use of the General Government, but t.bat it is an e...:v- ciated his name with this debate; and, if I think it necessary or clusive right in the General Government and that no such right exists proper in defending the amendment which I hav:e had the honor to in the States whatever. I must be pardoned if I quote at length offer and which the honorable Senator from New York, as he had a from this opinion in order that Senators may understand what they perfect right to do-because I do not question that for a minute- are doing in voting on this amendment. · saw proper to question, then I cannot help it if it becomes necessary It baa not been seriously conoonded during the argument that the United States to refer to his name. Of course I shall. feel compelled to do it, and Government is without power to appropriate lands or other property within the shall do it, in perfect good nature, because I never get out of humor States for its own uses and to enable it to perform its proper functions. Soch an and I am not out of humor now; and I shall certainly say nothing authority is essential to its independent existence and perpetuity. These cannot intentionally to associate his name unpleasantly with this debate, or be preserved if the obstinacy of a private person or if any other authority can prevent the ~Wqnisition of the means or instruments by which alone governmental to place him in any awkward or false position. I thought I had a functions can be performed. The powers vested by the Constitu1:i.on in the Gen- right to say what I have said after what the honorable Senator from eral Government demand for their exercise the acquisition of lands in all the New York bad said in 1the suggestion he made yesterday, that Ore- States. These are needed for forts, armories, and arsenals, for navy-yards an(l gon bad better prepare herself to receive appropriations for improve- light-houses, for custom-houses, post-offices, and court-houses, and for other public nses. ments. I will say to him in all candor, in all kindness, and in all good nature, and I will say to the Senate, that the State of Oregon This is another public purpose : a88umes no such right, the State of Oregon assumes no such power as If the right to acquire property for such uses may be made a. barren right by the to dictate to the Government of the United States when it shall or shall unwillingness of property-holders to sell or by the action of a State prohibiting a sale to the Federal Governmentz the constitutional grants of power may be rendered not condemn private property within its limits for the purposes of a nugatory and the Government IS dependent for its practical existence upon the will great public improvement in the interest of commerce. of a State, or e>en upon that of a private citizen. Mr. President, as I was saying when interrupted by the honorable I call the attention of the honorable Senator from De aware to this Senator from New York, the doctrine laid down in the cru:~e in Mich· because it is a perfect answer, I think, to the interrogatory he pro- igan and which was adopted by the Supreme Court of the United pounded to me some time ago. States in the decision to which I have attracted attention, is to this effect-not only to this effect, but is absolutely this, and I call the This cannot be, attention of the Senate to it and of every member of the Senate- Say the Supreme Court. namely, that a State of this Union, while it hru:~ the power under its No one doubts the e:xisoonce in the State governments of the right of eminent right of eminent domain to condemn private property within its limits domain; a right distinct from and paramount to tho right of ultimate ownership. It grows out of the necesaities of their being, not out of the tenure by which lands for the use of the State, for the use of ~orporations created by a State, are held. It may be exercised thongb. the lands are not held by grnnt from the baa no power whatever, directly or indirectly, to condemn private Government, (·ither mediately or immediately, and independent of the considera- propertr for the use of the United States. That is the doctrine, and, tion whether they would escheat to the Government in C..'\Se of a failure of heirs. that bemg the doctrine, the State of Oregon ha-s no power whatever The right is the offsprinq; of political necessity, and it is inseparable from sover- eignty, unless denied to 1t by its fundamental law. to entertain jurisdiction to condemn property at the Cascades of the Columbia River for the nse of the United States Government upon That is the doctrine of the Supreme Court upon this subject. Even which to erect a canal and locks. though there were Ito implied power resulting from any express lan- Now allow me to quote from these decisions to see whether or not guage used in the Constitution, still the right of eminent domain I am correct. 'l'he supreme court of Michigan, Judge Cooloy deliver- would exist necessarily in the General Government; and why f .As · ing the opinion in the cru:~e of Trombley vs. Humphrey, used this lan- a political necessity, as a matter growing out of the fact of sover- guage: eignty. The Supreme Court, proceeding further, say: The States of this Union po88888 the eminent domain for allleg!timaoo purposes Bnt it is no more necessary for the exercise of the powers of a State government nnder their own sovereignty. They may take and appropriate Janda for rOads, than it is for the exercise of the conceded powel'S of i.b e Federal Government. canals, state-houses, conrf...honses, school-houses, a.nd many other purpos.es need- 'I hat Glish the objects for which their governments have been True, its sphere is limited. Certain subjects only are committed to it, but its created by their people. But ~here a.re other public objects which, though to be · power over those subjects is as full and complete as is the power of the States over 51U2 CONGRESSIONAL RECORD-SENATE. AUGUST 3. the aubjoote to which their eovereiplty extends. The powor ia not changed by its ed, this improvement will in all probability be obstructed by the trai18fer to another holder. power in Ore~on that ha.s had control of the waters of the Columbia But now I call attention to the other question decided by the Su- River ever smce that river was discovered almost. The object of preme Court, and that is the question as to the absence of a.ll power this legislation is to break down the monopoly that has seated itself in the States to exercise this right for the benefit of the Federal Gov- in power at the Cascades of the Columbia River, and that has bid de- ernment. The Supreme Court, in referring to tho case of Trombley fiance to the people of Oregon in all past time. Will it be said now VB. Humphrey, 23 Michigan, page 471, say: that before the Congress of the United States can have the privilege A dtiferent doctrine W:loB asserted, founded wo think upon better reMOn. The of constructing a canal and locks at that point in order to break proper view of the ri~ht of ominont domain seems to be that it is a right belonging down that monopoly and build up the commerce of that great and to a sovereignty to ta.~re private property for its own public uso, and not for those growing country they must kneel before that monopoly and before of another. Beyond that there exists no neoossity, which alone is the foundation of the right. If the United St:'\tcs have the power, it must be complete in itself. It the power that perhaps it may exercise insidiously over the minds of c.an neither be enlarged nor diminished by a State. Nor cru1 any State prescribe the a legislative :tssembly t manner in which it must be exercised. The consent of a St.'\te cn.n never be a con- I hope, Mr. President, the amendment will be adopted. I hope ~ver t.he law authorizes private real property to be appropriated to public by condemnation, without prescribing the mode of e:x.ercismg the power, gave him uses, the same may be entered upon, examined, slll'Veyed, and selected in the modo also the power to obtain it by any means that were competent to adjudge a COD· prescribed by the st.atut{'l giving such authority, and thereafter tbe State, county, damnation. The judiciary act of 1789 conferred upon the circuit courts of the or other munici~al or public corporation therein, seeking and authorized to mako United States jurisdiction of all suits at common law, or in equity when the United suQh apprl>priatiou, may proceed in the mode in this title prescribed to have such States or any officer thereof, suin~ under the authority of any act of Congress, ~e property appropriated and the compensation therefor determined. plaintiffs. If, then, a proceeding to take landfor public 11868 by condemnation max be a suit at common law, jurisd1ction of it is vested in the circuit court. That 1t Tha.t authorizes the State, county, or any municipal corporation in is a" suit" admits of no question. In Weston vs. Charleston, 2 Peters, 464, Chief the State to condemn lands. It does not include the United States. J nstice Marshall, !!peaking for this court, said " the term (suit1 is certa.inly a. very comprehensive one, and is understood to apply to s.ny proCeeding in a court of jus· It does not say the United States may prooeed to condemn lands for tice by which an indiv..dual pursues that remedy which the law affords. The public use. Therefore the law in that respect perhaps does not au- modes of proceeding may be various, but if a right 18 litigated in a court of justice, thorize a condemnation of these lands by the United States; but the the proceOOing by which the dooision of the court is sought is a suit." Legislature of Oregon will be in session in five weeks from t.his time I do not deem it necessary to read further from this dt'cision. It and I doubt not that by a unanimous vote in both branches the is clear then that the )aw is well settled that the Congress has not Legislature will provide a modo by which the property may be con- only the right to do just what is.proposed to be done by my amend- demned in the courts of Oregon. I have no doubt that when the ment, but that the State of Ore~on has no right whatever. That is mattor is called to their attention this will be done. It will be nec- the law of the land, and that IS the reason why I offer the amend- essary, a~cording to my judgment, for the State of Oregon to sanction ment, and I trust it may be adopted. I hope that the Senate will the purchase of the United States before any moneys shall be ex- adopt this amendment. The honorable Senator from Delaware [Mr. pended. BAYARD] yesterday very kindly stated that he felt friendly to this Mr. MITCHELL. I call the attention of my colleague to the fact improvement, as I have no doubt he does. I will say to him that in that the Supreme Court of the United States decide emphatically my judgment, under the decision of the court to which I have at- that it is not necessary. tracted his attention this mo~g, .unless this amendment is adopt- Mr. KELLY. I will presently refer to that point. I call the at· 1876. CONGRESSIONAL RECORD-SENATE. 5103 tention of the Senate to section 355 of the Revised Statutes, which indi,v idual happens to be adversely interested-the whole community, says: DO doubt, will a-ssist in acquiring the title to these lands and ~ve no public money shall be expended upon any site or land purchased by the them to the United States at a very moderate compensation. I think, United States for the pnrpose of ere~ting thereon any armory, :u-sen~, _fort, fortifi- therefore, the proper way is to intrust to that State the right to ac- cation, navy-yard, custom-house, bght·house, or other public bmlding, of any quire this land and the right to transfer it immediately to the United kind whatever, until the written opinion of the Attorney-General shall be had in favor of the validity of the title, nor until the consent of the Legislature- States for their benefit. To this I call the attention of the Senate- I withdraw the motion to recommit the bill. Mr. CHRISTIANCY. Mr.President, previous to 1871 or1872theprac- nor until the consent of the Legislature of the State in which the land or site ticeibelievehadbeen uniform, when the UnitedStateswishedto obtain may be, to such purchase, has been given. property in the States for public works of any kind, to borrow the power Where the land is to be purchased for any building whatever, as of eminent domain of the several States to acquire it. The right of the the building of locks in this ca-se for a, canal, it is, in my judgment, States to exercise that power for that purpose came first squarely out within the purview of the statute. No money can be expended upon in the ca-se that bas been cited from Michigan, a case in the decision the construction of that canal and the locks until the nssent of the of which I participated, and for that reason I would not cite it here State is given to that purchase. Here is a statute of the United if the Supreme Court of the United States had not fully ratified it by States, and I presume it will be paramount and will control this case, the decision which they have recently made in the case of Kohl and to the e:fl:'ect that no officer of the United States shall be authorized Othera vs. The United States. As to the substance ofthat decision I will to make an expenditure until the State has given its assent to the proceed to state the point and then how far I think the decision of the Federal Government making the purchase. That being the case, as United States court has affirmed the points in the case in Michigan. I have said, the Legisla.ture will shortly assemble, within a little more I read from the decision : than a month from this time, and I have no doubt thn.t the assent of This State bas no authority, by virtue of its eminent domain, to condemn private the Legislature of Oregon will be given to this purchase and that it lands within its boundaries for the purpose of tnrning the same over to the United will at the same time authorize the ln.nds to be condemned in such a States for the erection and maintenance of light-houses thereon. Act No. 119 of wav as it may deem proper and jnst. 1807, (session laws, 1867, page 158,) which undertakes to authorize the governor to i..a to the r1ght of a State to condemn the land, I will say that this sphere do this, is unconstitutional. for the reason that its enactments are not within the of State ~wers, and if put in force would constitute an appropriation of the amendment substantially conforms to the law that was passed on the property of individuals without due process of law. 3d of March, 1875, in relation to the Fox River improvements, where The eminent domain is the rightful authority which exists in every sovereignty it is provided: to control and regulate those rights of a public nature which pertain to its citi- zens in common, and to appropnate and control individual property for the public That whenever, in the prosecution and maintenance of the improvement of the benefit, as the public safety, necessity, convenience, and welfare may demand. It Wisconsin and Fox Rivers, in the State of Wisconsin, it becomes necessary or has its foundation in the imperative law of necessity, whichalonejustifiesandlim- proper, in the judgment of the Secretary of War, to take possession of any lands, its its exercise. or the right of way over any lands, for canals and cut-offs, or to use any earth- The States of the U'nion cannot any more exercise this right within their terri- qnaiTies or other material lying adjacent or near to the line of said improvement torial limits for purposes which under the division of powers between the United and needful for its prosecution or maintenance, the officers in charge of said works States and the mdividnal States are within the sphere of the sovereignty of the may, in the name of the United States, take possession of and use the same, after United States than as if the two governments were wholly foreign to each other. first having paid or secnred to be paid the value thereof, which may have been as- Such purposes, though to be accomplished within the territorial limits of a State, certained in the mode provided by the laws of the State wherein such property are beyond the scope of the eminent domain of such State. lies. The United States in the control of its sovereignty, and as a part of its provis- That, it seems to me, is the proper way to have the lands con- ion for the regulation, cont-rol, and protection of commerce, erects light-houses, demned. I will say here that while the decision rendered in the State and may in the exercise of its eminent domain, by observing the constitntional "re- of .Michigan is certainly a. very able one, it is in direct opposition to of quirement of making due compensation thereof, seize and condemn the property I . individuals for that purpose. two cases that had been decided before that time. I refer to a case The right of eminent domain in any sovereignty exists only for its own .\)Dr· iu .Ma.ssachnsetts and especially to the case of Gilmer vs. Lime Point, poses; and to fnrnish machinery to the General Government for it to approl?nate decided by the supreme court of California, and reported in the lands for national objects is not among the ends contemplated in the creation of State ~overnment. eighteenth volume of the supreme court reports of that State. They theThe Umted States has never, by any legislation, undertaken to confer upon the there held, after an elaborate review of the law upon this subject, States authorio/ to judge of its needs of lands for national purposes or to assess that the State has a right to take and condemn lands for the purpose the compensation 1t should pay, and any such judgment and assessment must, of erecting buildings for the United States. The supreme court of therefore, be wholly provisfonal and subject to its acceptance and ratification. The aid of the State, as here attempted to be afforded, in obtaining a site for a. Cl\lifornia say : light-house, is not analogous to the aid it gives the General Government in render- The phrase employed in onr Constitution is: "Nor shall private property be ing its war power effectual. • taken for public use without just compensation." The words "public use" here, The proceeding under said statute cannot be sustained on the ground of the in: mean a use which concerns the whole community, as distingnshed from a partic- terest of the State by reason of it.s coastwise commerce, in the establishment of ular individual or a particular number of individuals. It is not necessary, how- light-houses upon these waters. The statute does not proceed on any theory of ever, that each and every individual member of society should have the same de- State interest. · gree of interest in this nse, or be personally or directly affected by it, in order to Where, in a proceeding of this na.tnre, the State abandons the proceeding before make it public (18 California Reports, page 251.) , its completion, and the owner of the lands, sought to be taken, applies for man- It may be for the public use of the State; it may be for the public damus to compel its being carried into eftect, the question of the State power is of necessity involved. This right, if it exists at all, must be mutuaL nse of the United States. Here let me say that this is in my judg- The consent of the State is not a condition-precedent to the taking of lands by ment a correct view of the law. Where the constitution of Oregon the General Government. Its consent is required only for the pnrpose of a trans- says that private property may be taken for public use, it may be fer of jurisdiction. (23 Michigan Reports, pages 471 and 472.) taken for the public nse of the State or for any county in the State, Now I wish to see how far the Supreme Court of the United Stat,es or for the United States, where the benefit accrues to the people of have ratified that.decision and how far they have approved or dis- that State. approved the case cited by the Senator from Oregon [Mr. KELLY] .Mr. MITCHELL. Will my colleague allow me a moment f from the courts of California. Mr. KELLY. Certa-inly. It is true- Mr. MITCHELL. The Supreme Court of the United States decides Say the Supreme Court of the United States- the reverse and overrules all those decisions. this power of the Federal Government has not heretofore been exercised adversely, Mr. KELLY. I do not understand it so. I do not understand that but the non-user of a power does not disprove its existence. the decision rendered n.t the last term of the court overrules them. That is the power of the Federal Government. The decision says that the United States have a right to proceed in In some instances the States, by virtue of their own right of eminent domain, their own courts and condemn land. There is no question n.bout have condemned lands .for the use of the General Government, and such con- that; but the objection I make to the proposition of my collea.g ne is demnations have been sustained by their courts, without, however, denying the that there is no law at tb.is time which authorizes the courts to pro- right of the United States to act independently of the States. Such waa the rUling ceed and assess the value. It is trne that in the case referred to con- in Gilmer 11s. Lime Point, lS California, 229, where lands ~ere condemn~ by a proceeding in a State conrt and under a State law for a Uruted States fortifica- cerning the land for a custom-bouse in Cincinnati, the United States tion. A siiD.ila.r decision was made in Bnrt vs. The Merchants' Insurance Com- courts did proceed to take jurisdiction of the case. They proceeded pany 106 Massachusetts, 356, where land was taken under a State law as a site to condemn lands, and undoubtedly it was the law of the land; but I for a' post-office and subtreasury buildinj!:. Neither of these cases denies the question the propriety of the oonrt undertaking to decide this matter right of the Federal Government .to have l~ds in the State~ condemned for its uses under its own power and by 1ts own action. The question was whether the without any law of the United States upon the subject. I admit it State could take lands for any other public use than th~t of the State. In Trom- would be very proper, very appropriate, that such a law should be bley vs. Humphrey, 2.1 Michigan, 471, a different doctrine was asserted, founded, passed, especi&lly after this decision has been made, bnt at present we think. upon better reason. 1 there is no ln.w of this kind. Inasmuch as the State has the right, as The PRESIDING OFFICER. The Senator's time ha.s expired. Shall I conceive, to acquire this title and transfer it to the United States, he proceed by unanimous consent Y I think the amendment reported by the committee should be agreed Mr. CONKLING. Are we under the five-minute rule t to. I prefer, inasmuch as the State has a right to condemn as well as The PRESIDING OFFICER. We are. the United States, that the amendment as the committee have report- Mr. CONKLING. Did not the Senator from Oregon renew the mo- ed it should be adopted with slight modifications. tion to recommit the bill! Therefore I shall vote against the amendment of my colleague, The PRESIDING OFFICER. He did and withdrew it when he sat hoping that the amendment of the committee with the modification down. . which I have suggested will be adopted, so as to proceed in the State Mr. CONKLING. Then the Senator from :Michigan can renew it courts t.o acquire this title. I have no doubt we can do it and pro- and finish his reading. ceed with this work. Not only the Legislature, but the courts of Mr. CHRISTIANCY. I renew the motion to recommit the bill in Oregon and every individual in the State, or nearly so, unless such order to conclude what I have to say. 5104 CONGRESSIONAL RECORD-SENATE. AUGUST 3, The PRESIDING OFFICER. The Senator from Michigan will use the said ]andB, after having purchased the same, or, in case the sa.idJanda can- proceed. not be purchased for a. reasonable price, then after the titJe to the same shall be procured by the United States under the laws of Oregon in such manner as the Mr. CHRISTIANCY. The court say- Legislature of that State may prescribe. The Department of Justice shall repre- In Trombl~);:k:umphrey, 23 Michigan, 471, a different doctrine was asserted sent the interests of the United States in any legnl proceedingfl under this act to founded, we · upon better reason. The yroper view of the right of eminent obtain the right of way for said canal. domain seems to e that it is a right belonglDg to a sovereigt~ty to take private property for its own public use and not for those of another. Beyond that tbere Mr. MORTON. I did not pay very careful attention to the read- exists no n00688ity, which alone is the foundation of the right. If the United ing of the decision of the Supreme Court; but I think I understand States have the power, it must be complete in itself. It can neither be enlar~ed the drift of it, and it is this: that so far as the right of eminent nor diminished by a State. Nor can any State prescribe the manner in whicn it domain is concerned the United States has it, and a State cannot give must be exercised. The consent of a State oo.n never be a condition-precedent to its enjoyment. Snch consent is needed on1y, if at all~ for the transfer of jnrisdic. it to the United ~tates. If the Government cannot procure the land tion and of the right of exclusive legislation after tne land shall have been ac. by purchase, this amendment provides for obtaining it under the laws qmed. . of Oregon; but a-ccording to principles that seem very well settled, Showing conclusively that the Supreme Court of the United States Oregon cannot confer this right by her own law. She can take land have approved the decision which I have just read from the State of for State purposes, but she cannot take land for United States pur- Michigan in everything perhaps, I may say without any qnalificnr- poses. The United States can take that herself and does not have to tion; but in the application of it there may be an exception. It may ·go to the State of Oregon. This amendment makes a muddle of this be true that the supreme court of the State of Oregon might decide tbn,t whole doctrine, and recognizes that the Government cannot get a. foot- they had the constitutional power to use the right of eminent domain hold in a State even for a. post-office or a public work or a custom- for the benefit of the United States. That would be directly contrary house without the consent of the State. .Ai3 far aB I am concerned I to the decision in Michigan, but still it might be the law of that State, want to put my foot, small aB it is, on that doctrine wherever I because the decision of the supreme court of that State might be be- find it. That doctrine denies to the Government the power to have yond the reach of the Supreme Court of the United States. I am a post-office in a State by denying her a foothold. We recognize inclined to think it would be so, and therefore if the supreme court the converse of that proposifiion by denying to a State the power t-o of the State of Oregon should so decide, that must be looked upon aB tax United States bonds. We say if a State can tax United States a final decision. They have not yet so decided, as I understand, al- bonds it can tax the bonds out of the State. If it be true that the Gov- though the State of California bas. But the Supreme Court of the ernment cannot get a footing for a public work of any kind in a United St.ates have gone further. They have held that the right of State without the consent of the State, then it is in the power of that eminent domain may be exercised by the United States authority and State to keep the Government out. I will never recognize that doc- in the United States courts without the aid of an act of Congress; trine, as far as I am concerned. and that is the very point which arises upon this amendment. Under Mr. BAYARD. Mr. President, I always regret when I hear an ar- this decision I see no objection to the amendment offered by the Sen- gument in this Senate or elsewhere in the country based upon the ator from Oregon [Mr. MrrcHELL] to the amendment reported by the idea that there is a necessary hostility upon the part of States to- committee .o n the authority of the decision of t.he Supreme Court of ward the Federal Government. Why, sir, the States could scarcely the United States. I must frankly say that without that decision of exist, would certainly blot out their national existence, without this the Supreme Court of the United States I should have thought we great tie of the Union to bind them, just as mnch as the Union itself should be taking rather bold ground to say that the power of eminent mnstfalliftheStates are not preserved in their integrity; and bywhat domain on behalf of the United States could be exercised without the method of reasoning is it that an American can suppose that a con- authority-of an act of Congress regulating its exercise; but, after all, stituent portion of his country's Government is hostile to the exist- I am rather inclined to think the decision of that court is right in ence of that Government t Mr. President, woul(l it not have beeu principle, and it certainly is the law of the land. It is based, as I as well to wait until there had been some suggestion on the part of undtrratand it, upon this ground, that if the proceeding in the Fed- some State that there was an unwillingness to aid in the necessary eral court be of a character which sufficiently protects the rights of prosecution of the Government's business by making it a free gra11t individuals, it may be done without an act of Congress; otherwise it of its lands or assisting in every way to give it jurisdiction over cannot. That, I think, is the full extent of the decision, and to that those portions of its territory necessary to the operations of the Fed- extent I think the decision is right in principle; but it would be eral Government f much better to have an a-ct of Congress covering the whole ground. Why, sir, there never has been a case in the history of this Gov- I see no objection, however, to the al\lendment as reported by the ernment known to me in which there bas been the least hesitancy on committee within the decision of the Supreme Court of the United the part of a State freely to cede jurisdiction a,n d aid in the estab- States. But the amendment suggested by the Senator from Oregon lishment of Government works. What a spectacle does this bill pre- [Mr. KELLY] bl1Sed upon the decision in the eighteenth California sent t We have had too much here in my opinion of local search Reports, might or might not be valid as the supreme court of the for local advantage. It was to have Government works built in the State of Oregon should or should not decide. Such I understand to State, Government moneys expended in the State, that we hav.e seen be the legal positions involved in this amendment. For myself I am so much ardor, so much just, prompt, quick apprehension of local -ad- in favor of the amendment reported by the committee and opposed vantage exhibited all over the Senate. Why, then, is the necessity to that suggested by the Senator from Oregon, [Mr. KELLY.] to state this proposition, that in this community of feeling, each for I withdraw the motion to recommit the bill. mutual advantage, the Union coverin~ the States with its blessings The PRESIDING OFFICER. The motion to recommit is with- and the States maintaining the Union m its integrity, for suggesting drawn. The pending question is upon the amendment of the Sen- here that there is danger to us aB a people under a Federal Union ator from Oregon [Mr. MITCHELL] to the amendment of the com- that that Union will ever be injured or weakened by the refusal of a mittee. State to give us that aid or that cession of its territory which is nec- Mr. MITCHELL. I ask for the yeas and nays. essary for Federal purposes t The yeas and nays were ordered; and being taken, resulted-yeas Mr. MORTON. Will the Senator allow me to interrupt him f 16, nays 21; as follows: Mr. BAYARD. Certainly. YE.AS-M6881'8. Allthonr,, Bruce, Cbristiancy, Edmunds, Ferry, Hamlin, Har· Mr. MORTON. I did not sngO'est the idea that there is hostility; vey, Logan, McMillan, Mitchell, Morrill, Morton, Oglesby, Sargent, West, and but I oppose the idea of making the Government of the United Stat.as Wright-16. . dependent upon the consent of a State to own a custom-house in that NAYS-Messrs. .Allison •. Bayard Cockrell, Conkling, Cooper, Davis, Eaton, Gor- don, Ingalls, Jones of Flonda.-Keily, Kernan, Key, Maxey, Merrimon, Randolph, State. There has been hostility in ten States where the Government Ransom. Sanlsbiiry, Wallace, 'Whyte, and Withers-21. would have been denied the right if she hadappliedforit and where .ABSENT-Messrs. .Alcorn Ba.rnum, Bogy, Booth, Boutwell, Burnside, Cameron she was even driven from her own p1·operty. It is of no use to talk of Pennsylvania, Cameron of Wisconsin, dayton, Conover, Cragin, Dawes, Dennis, about a thing of that kind being impossible; it is possible, because Dorsey, Frelinghuysen, Goldthwaite, Hamilton, Hitchcock, Howe, Johnston, Jones of N eVadaJ..McCreery, McDonald; Norwood, Paddook, Pa.t terson, Robertson, Sharon, it has been. But the idea that I am combating is this, of making Sherman,l:5pencer, Stevenson, Thurman, Wadleigh, and Windom-34. the United States dependent upon a State for the possession of any property in a State. I do not know that the time will ever come So the amendment to the amendment was rejected. when a State will refuse it; but I do not wa.nt the Government to be Mr. KELLY. I now offer an amendment, which I ask the Clerk to in the position of depending npon a State. It destroys her sover- report. eignty. The idea that lies at the bottom of that baa been the author The PRESIDING OFFICER. The amendment will be reported. "of all our woe." The CHIEF CLERK. It is proposed to strike out of the amendment Mr. BAYARD. Mr. President, I exceeding1yre~ret that it does not reported by the committee the words: seem possible for the honorable Senator from Indiana to take part in .A.fter having paid for the same, or secured the value thereof, which value may a debate but what there must be a resuscitation or a reference to be ascertained in the mode provided by the laws of Oregon for the condemnation of lands for public uses in that State. causes of past strife in no way necessarily connected, in no way in my And in lien of those words to insert : opinion properly to be adduced in the consideration of this question before us. I was speaking only in a feeling of unity and peace, try- After the title to the same shall be procured by the United States under the laws ing to show that the best hopes of this nation lie in the happiness of of Oregon in such manner as the Le~ature of that State may prescribe. the people of the various States. That was my idea, and I do not So that, if amended, that .p ortion of the amendment will read: think it at all necessary to assume a doubtful power or to make as- Of which amount the Secretary of War is authorized to expend so much a.s, in his sertions of a doubtful power when there is no possible necessity for judgment, may be necessary and proper to secure title and rif;ht of wa.y for canal it and ha.s been no suggestion of necessity for it. For my own part, and locks, not exceeding the sum of $10,000; and whenever, lD the prosecution of the said work, it shall have become nece88ary to obtain the right of way over an~ I believe that this Government is just aa likely to fall from hostility lands for the said canal and locks, the Secretary of War shall take po8868sion of and at the hands of those who have Federal power as itis at the handq of 1876. CONGRESSIONAL RECORD-SENATE. 5105 those who have State power, because the existence of both is equally The Chief Clerk read as follows : essential to the happiness and existence of each. Therefore it is that And in like Illffi¥ler notice of amendments to bills makin~ appropriations for I resist when it is now put forth this first claim by an act of Congress rivers and harbors shall be given and referred to the committee to which such to the exercise of that right known to lawyers as the right of eminent l>ills shall be referred. · .A:ny pending amendment to a general appropriation bill may be laid on the ta- domain of the States, the right of Congress by a Jaw to give either to ble without affecting the bill. representatives of the United States or other parties the power to take in invitum the property of private citizens for pulllic use. That power The PRESIDING OFFICER. The Chair will state the question. has in the history of our Government always been exercised through The motion of the Senator from Iowa is to lay upon the table the the sovereign powers of the States. It has never yet been exercised amendment of the Senator from Oregon to the right of the Chair, under the authority of Congress by the Government of tho United [Mr. KELLY.] The other Senator from Oregon [Mr..MITCHELl.] States, and I say therefOI'e until there shall occur some occasion in raises the point of order t-hat this carries wjth it the bill, which point which the interests of the Federal Government are obstructctlselfishly, the Chair overrules. From that decision the Senator from Oregon improperly, by the action of a State, the asserted power, for the ex- has appealed. ·ercise of which no necessity is shown to exist, will not be claimed. I Mr. ALLISON. Now Oregon does not seem to have exhausted it- would rather take a thing as a free gift from one whom I love and re- self upon this particular measure, and I withdraw the motion to lay spect than have it with the feeling that be gave it to me under com- on the table. pulsion. There is no necessity for making this precedent in this ca~e The PRESIDING OFFICER. The Senator from Oregon withdraws and I would pause before it is made. the point of order, the Chair supposes 7 The PRESIDING OFFICER. The Senator's time has expired. Mr. MITCHELL. Yes, sir. Mr. KELLY. I do not deny the binding .authority of the decision Mr. MORRILL. Now I desire to ask the Senator from Iowa a of the Supreme Court which has been read and commented on by my question. I notice in the phraseology reported as an amendment colleague and other Senators who have spoken. I do not deny that from the Committee on Appropriations that the Government is to where the title cannot be procured through State authority or under take possession of- State law the United States may acquire it aa it did in the case of and use the ·said lands, after ba.ving purchased tbe same, or, in cu.se the said Kohl vs. The United States, in Cincinnati; but whero the State is lands cannot be purchased for a reasonable price, t.hen after having paid for the willing under its laws to have the property condemned, certainly the same, &c.- United States can acquire the title to the property they desire nuder they shall be condemned under the laws of Oregon. I desire to the State law, and that is the mode which has been invariably pur- ask tile Senator from Iowa if he thinks it would be a sufficient title sued in all the States heretofore. I see no good reason wby·we should upon the bare purchase on the part of the United States from an in- depart from it now, and I have therefore offered this amendment, dividual. I see that this does not provide for anything if it can be knowin~ that the Legislature, that meets in five weeks from this purchased previously. It strikes me that that is hardly enough. In time, w1ll, as the California Legislature did in the Lime Point case, nearly all cases where we have provided for acquiring lands we have provide laws for the condemnation of its property in case it cannot provided that we shall have the consent of the Legislature that they be purchased. Feeling satisfied that the State of Oregon will do this, are not to be taxed. I have offered this amendment. I have no donut that a law will be Mr. ALLISON. The Senator from Oregon [Mr. KELLY) read a pro- provided at the coming session by which this property may be con- vision which I understand applies to this clause 3.8 well as to all demned and the title acquired, and that the United States will get it others, that the Attorney-General shall see that the title is perfect as cheaply and perhaps more so than if they were to purchase it with- before any money is.expended. · out any condemnation whatever. I know it is the interest of the Mr. EDMUNDS. That relates merely to the title. This is a ques- people of that State that this work shall be prosecuted, and as I said tion of taxation. before I am satisfied there will not be a dissenting voice in either Mr. MORRILL. The question is whether the Government of the house of the Legislature as to this mode of obtaining the title. United States can acquire a sufficient title to lands for public use by Mr. ALLISON. If the Legislature of Oregon desires to convey this merely purchasing them of an individual. I think not. property, it baa ample power now. If it does not, I think some way Mr. ALLISON. I understand the point now of the Senator from will be found by which the United States can take possession of it if Vermont. I think very likely that might be amended so as to cover we appropriate this money. the objection made. · Mr. KELLY. I should like to correct the Senator. There is no Mr. KELLY. 1 think the consent of the State would cure it. The law at the present time in Oregon authorizing the United States to section of the Revised Statutes that I referred to before provides: condemn land, and that is the reason why I have offered this amend- No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any annory, arsenal, fort. fortification, ment. • navy-yard, custom-house, light-house, or other public building, of any ~d what- Mr. ALLISON. But the Legislature of Oregon meet in five weeks, ever- and if they want this money expended in that State they will make It may be a question whether the building of the locks of a canal some provision for it. If they do not the United States Government is a public buildillg. will find some way to do it. Therefore I move to lay the amendment :Mr. EDMUNDS. I should think so. on the table. I want to finish the bill some time. Mr. KELLY. I think so too- Mr. MITCHELL. I rise to a point of order. or other public building of any kind whatever until the written opinion of the At- Mr. MORRILL. I wish to put an inquiry to the Senator from torney-General shall be bad in favor of the validity of the title, nor until the con- Iowa. sent of the Legislature of the State in which the land or site may be to such pur- Mr. MITCHELL. My point of order is this, that the motion car- chase has been given. ries the bill with it. According to my construction of that, no money can be expended The PRESIDING OFFICER. This is an appropriation bill. upon the site of this proposed canal until the assent of the Legisla- Mr. MITCHELL. I raise the further point of order that this is ture of Oregon is given. not a general appropriation bill within the meaning of t.he rule. Mr. EDMUNDS. The trouble about that is it has not the sUghtest The PRESIDING OFFICER. The Chair does not sustain the point. reference to a canal at all. It has reference, as the Senator bas read This is an appropriation bill within the rule. it, to public buildings and things of that sort. If we have any right Mr. MITCHELL. I appeal from the decision of the Chair. at all in this matter, it is a right that belongs to the United States The PRESIDING OFFICER. The Senator from Oregon appeals under the Constitution, and not one that we are to acquire by virtue from the decision of the Chair. of any sovereign assent of a Legislature. Neither the Legislature of Mr. EDMUNDS. I should like to hear the rule read. Oregon nor the Congress of the United States nor both put together The PRESIDING OFFICER. The rule will be read for the in- can resort to any contrivance by which Congress is authorized to do formation of the Senate. a thing that the Constitution of the United States does not allow. I Mr. HAMLL.'f. Senators will find on reading the rule that all ap- take it everybody will agree to that proposition. propriation bills, excepting this one, shall go to a certain committee, The question then is whether the Constitution of the United Statea thereby makin,:r this one, if there is any meaning in language. authorizes Congress to make this improvement around these rapids Mr. EDMUNDS. I should like to hear that rule read. in the Columbia River by means of a canal instead of blowing the The Chief Clerl\ read the second clause of Rule 30, as follows: rocks out in the swift water and building locks right in the midst of the river. It is the same thing_ in substance exactly, just as year after All amendments to general appropriation bills reported from committees of the year we have improved the lJes Moines Rapids in Iowa, by going Senate, proposing new items of appropriation, shall, one day before they are offered, be referred to the Committee on .Appropriations, and all general appropriation bills within the territorial jurisdiction of the State of Iowa either with or shall be referred to the said committee; and in like manner notice of amendments without its consent-I do not care which for my present point-and to bills making appropriations for rivers and harbors shall be given and referred instead of taking rocks out of the channel of the river we have gone to the committee to which such bills shall be referred. .A:ny pending amendment to a general appropriation bill may be laid on the table to the edge and are etty's and Smith's Islands. and it is rather invidious. And in lieu thereof to insert : Mr. MAXEY. I do not think it makes a. particle of difference so And the sum of $40,000 is hereby appropriated for incidental repairs of harbors far as that is concerned, beuause it will come ont of the $40,000. Bnt for which there is no special appropriation provided for by law and for examina· as will be seen by any one who understands engineering, the amount tion and SlliTey of such rivers and harbors as in the judgment of the Secretary of of $75,000 is limited from this point on which I have my finger [in- War will subserve the general interests of commerce. dicating on a diagram] down to Red Fish Bar here. [Indicating.] Mr. ALLISON. There is one matter struck out of the second sec- Mr. EDMUNDS. Where is that limited f .tion that I supposed was in the first section. It relates to a survey of Mr. MAXEY. In the bill. The continuation of that work, as the ship-channel in Ga.lveston Bay, from line 79 to 92 inclusive. That claimed by those having an interest in the improvements above, is to is not really a smTey. It is an examination of the hay at Galveston run it according to the red line to Bolivar Point. [Indicating.] with a view of ascertainin~ how best to expend the money appropri- There is the cit.y of Galveston; here is the North Galveston Bay. ated and to be appropriatea. for that harbor, and the Engineer Bureau [Indicating.] They insist that if the channel is cut through there say that it is very desirable to make that survey. Therefore I want the embankments thrown up will necessarily create an underdraiu to reserve that portion of the section and insert it at the end of the which will throw this water of the North Galveston Bay now feeding first section. Galveston Harbor around by Bolivar Point, and thus shoal Galveston Mr. MAXEY. I have here a diagram of the harbor. Harbor. Mr. ALLISON. It must be provided for. It is really to ascertain Mr. SARGENT. Why wi11 not that all be provided for m1der the the best mode of improving Galveston Harbor. second section as the committee propose it f If the engineers think Mr. INGALLS. Is the objection that is included between lines 113 that the survey should be made and that it is necessary for the gen- and 118 intended as an addition to section 1 or as an independent eral interests of commerce that it should be made, of course they will section! avail themselves of the allowance under the second section to expend Mr. ALLISON. AB an addition to section 1. It is not printed as money for the purpose. we intended. We intendetl to have it inserted at the end of section Mr. MAXEY. Now I will go on and finish what I bad to say. It 1, and then to strike out the second section, but by some mistake the is insisted by those above that it will not have that effect and that amendment was inserted after. they will save several mi1es in getting to the outer bar by going the Mr. EDMUNDS. It would be better to make· it a separate section, way they want. It is insisted by the people of Galveston that it will as it is a separate subject. have that effect. Whether it will or not is a matter that I think a Mr. ALLISON. It is not quite a separate subject. The sum of layman cannot determine. It will have to be determined by an en- $40,000 is appropriated for incidental repairs of harbors for which gineer, and it is important to have it determined speedily, in order to there is no specific appropriation. Therefore it is really an appro- make the $75,000 effective which is appropriated already to this work. priation for repairs as well as f<. ...· fl!'}W Rurveys. Mr. CONKLING. I confess I can see no objection to the request of Mr. ED~ffiNDS. I do not care about it. Take your choice. the Senator from Texas, and I think the Senator from Vermont on The PRESIDING OFFICER. The question is on the amendment reconsideration will see none. If the latt.er section of the bill as it of the Senator from Iowa to the amendment of the committee. now stands includes this, then the division of the amendment bas no Mr. EDMUNDS. Where is the money to come from for this survey effect one way or the other. If, on the contrary, that latter provision of the bay of Galveston Y is for any reason too narrow to embrace this, the effect will be not to Mr. ALLISON. It may come from the $40,000 or the principal ap- increase appropriations made lJy the bill or any one of them, but to propriation for Galveston Harbor. We have appropriated $2'25,000 take from the money appropriated for this harbor enough to answer for Galveston Harbor, and there is a question as to the mode of mak- this need, which need is an essential one as affecting the providence ing this improvement. So the engineers say, and they want author- and safety and good judgment with which the whole appropriation ity to make the survey. • may be applied. Mr. EDAIDNDS. Why will it not fall under the clause at the end Surely, on that state of case I can see no objection to this proposi- for the "examination and survey of such rivers and harbors as in tion. It may be that that would be the law upon the general pro- the judgment of the Secretary of War will subsern the general in- vision at the end. If so, my answer is, then it does no harm, and terests of commerce f" that I have a riuht to say because the committee has the evidence Mr. ALLISON. I think it would. that the board gf engineers and its chief consider this survey proper, Mr. EDMUNDS. If that is left in, there is a direct direction to do consider it necessary. Therefore it would be certain t.o fall withil1- a particular thing without any money to pay for it, whereas if you the last section of the bill if for other reasons that section is broad leave it under the general head, if the interests of commerce in the enough to include it, and then there can be no possible reason, I sub- opinion of the Secretary of War warrant it he will make this very mit, why we should not specifically nominate it in the bill to cure examination to which the Senator has alluded. all doubt. On the other hand-and I repeat myself-if it should be Mr. MAXEY. I think I can explain it to the Senate without diffi- held to fall without the concluding section of the bill and to require culty. The survey is one of the very greatest importance. There are the payment of money not there devot-ed, then it comes out, not of two distinct sets of improvements going on; one from Houston down any other m-oney, not of any future appropriation, implies no increase through Buffalo Bayou and the San Jacinto River to the mouth, and of appropriation here, but it is simply subtracting that small sum, then in Galveston Bay at the outer bar. That is one system. Then which we cannot now definitely determine, from the appropriation there is anot.her system from Galveston to the outer bar. The.re is a. contained in the bill devoted to that harbor and to the security of conflict, and a very important one as an engineering question-I have that appropriation, to the well-doing of the work for which that ap- examined the whole matter on the ground-as to where the ship- propriation is made. \Ve are assured by the experts that this survey channel for the improvement from above, that is, from the Houston is needed. Now, either way, how can there be any reason why we Harbor down, should run through the bay. It is contended by the should not allow the Senator from Texas to "make assurance double people of Galveston that if it runs in the direction that it is sought sure" by ret,aining these words t · . . to be run by the people of Houston, it will have the effect of creat- Mr. EDMUNDS. Certainly I do not wish to stand m the way of ing an underdrain that will carry the waters of North Galveston Bay, the Senator from Texas in doing anything he wishes that does not cost which now furnish the water of Galveston, around Bolivar Point and the Government anything. I move to amend the part proposed to be will thus shoal Galveston Harbor. The Senate haa limited the ap- stricken out by the committee, and which the Senator wishes to have propriation of "75,000 for the upper work that I referred to, to work retained, by adding after the word "six," in line 92, these words : between Morgan's Point and Red Fish Bar. That leaves the dis- "the cost thereof to be paid out of the $40,000 hereinafter mentioned," puted question between Red Fish Bar and Bolivar's Point or the har- RO as to make it clear and definite that the expense is to be borne by bor of Galveston as the route may be determined by" the engineers, the forty-thousand-dollar appropriation. and therefore it is an important question for the Senate to direct that Mr. CONKLING. The Senator from Texas does not object to that; survey to be made. It is a matter ofthe utmost consequence to those it is in his interest. two peoples. Mr. MAXEY. I do not object to it at all. ,. Mr. EDMUNDS. The same may be said, probably, of nine-tenths Mr. ALLISON. I do not object. of all the clauses in this second section. This is to make an excep- Mr. SARGENT. Is it proposed to keep in the words in lines 1, 2, tion for a single survey of one particular locality when there are fif- and 3 of section 2 7 To have this stand by it.self would be singular. teen or twenty or perhaps thirty in the whole section. In lieu of all Mr. ALLISON. No; we will change it to" to survey;" so as to of them, the committee propose to give $40,000 for incidental repairs read: ''The Secretary of War is hereby directed to survey," &c. and for all these examinations, which covers this and all others. Now Mr. CONKLING. The mode, I submit, should be to non-concur in why we are to make a special exception in favor of this particular the amendment striking out the lines named by the Senator from locality and require a survey there and require it nowhere else, I do California, 1, 2, and 3, on page 22, so as to read: not quite understand. I do not doubt that it is valuable and impor- That the Secretary of War is hereby directed to cause examinations or lilliTeys, tant. Many of the others are valuable and important ; but when we er both, to be made at the foJ.!owing points, namely. have given this sum of money for this general purpose, if the Sena- Then will follow this one point, and then will follow : tor is correct, and I have no doubt he is, that this is a proper thing to do, then can there be any doubt that the Secretary of War will do And the sum of $40 000 is hereby appropriated for incidental r('pa.irs of harl?ors for which there is no ~pe~ial appropriation pr?vided !or by law. and for examma- itY Certainly he has authority under this ~meudment recommended tion ann survey of such nvers anu harbors as m the Jnd~ent of the Secretary of by the committee to examine such harbors as in his judgment "will War willsubserve Lhe general interests of commerce. subserve the best interests of commerce t" I hope the Senator will not But, to make it exactly grammatical, I suggest to the Senator from 5108 CONGRESSIONAL RECORD-SENATE. AUGUST 3, Io wa that in line 2 in place of " examinations," it should be reduced same, and report tbe same to Con~ess by the 1st day o.f December, 1876, tho cost to the singular; so' as to read "to cause examma . t'wn an d smvey, " thereof to be paid ont of the $40,000 hereinafter appropnated. and then strike out ''or both," "to be made at the followjng point.," The amendment was agreed to. make that singular, "namely." Then will com~ in the words: Mr. ALLISON. Now add tbe next amendment. .A. survey for a. ship-canal through Galveston Bay, &c. The CHIEI!' CLERK. It is proposed to add to the second section tho following: Mr. ALLISON. I think we can ananO'e it in a moment. I ask the Anrl the sum of 40,000 is hereby appropriated for incidental repairs of har~ors Senate to strike out all of section 2, and then .we can re-insert what for wllich there is no spet of Half-Moon Shoals and P elican one, and it; might be an a-ccid ~ utal circumstance. I t m 1~~ t be on an Islan ct"''ann to twelve feet water in Galveston Channel; and to canso an estimate of occasion of an accident, for mstance, the sudden .ulomu ~g up ?f a tho COSt of t he same to be ffiR{lO, and of the comparative merits Of the Same, with tho route to tho head of Bolivar Channel ; and of the effects of tho completion of street by the falling of .a house or some other occasiOn _whwh mtght each of sa ill channels on the Galveston Harbor as to shoaling or deepening the make it essential to do 1t. In other words, I do not beheve the Gov- 1876. CONGRESSIONAL RECORD-SENATE . . 5109 e~nme~~' in that respect should be different from any private propri- 1 the States in cities he cannot buy without the certificate of his phy- etor and complain of a trespass under such circumstances. The Sen- sician because it is a poison ; but he needs the laudanum and the drug- ator from Vermont by his quest.ion would iillply that he is in favor of gist sells it "*;o him. That is a viol:ttion ·of the law; but who prose- this legislation, proposed in such a shape that it requires two or three cutes that sort of a thing 1 Somebody runs his horse by accident or Senators to assist thf Clerk to read it, being put on the bill without in a terrible storm into a public building a11Cl injures it a little. examination. It is contrary to all his course in the Senate hereto- Nobody thinks of prosecuting it as criminal. Thus, sir, the illustra- fore, as I have observed it, because on the simplest propositions he tion will not help it. This is a simple proposition now once for all, has insisted that it is contrary to the course of the Senate to act upon when we arc spending millions a year for protecting the property of them without a report from a committee, and I mysP.lf on a number the Government of the United States against unlawful occupation of occasions where I thought delay was injurious have consented to without the assent of the Secretary of War. his suggestion that matters should go to the commi ttees1 believing per- Mr. ALLISON. If the object of this amendment were to correct the haps that he might be right that in all c:ll:les these tlnngs should go abuse spoken of at Cleveland, Ohio, I do not know that I should ob- to committees and be there considered and reported in form. In some ject to it; but it does seem to me that it covers a broader ground. cases where the urgency was very great, I have resisted the appeal, I The language is that no person or corporation shall use or occupy a believe, not always with success. I think we should follow the gen- pier, breakwater, or other improvement without the written consent eral rule, and legislation of this character fixing a new crime and put- of the Secretary of ·war. Here is a harbor with two piers at Sagi- ting penalties upon the heads of citizens of the United States should naw, :Michigan, if you please, or at some sea-port, say McCargoe'sCove, at any rate receive the ordinary examination which is given to a bill where vessels come in for what purpose f For the purpose of un- establishing a single post-route. loading a cargo or receiving a cargo 1 They laud at one of these Mr. EDMUNDS. I do feel an interest in this amendment, because piers right there. How is a person to get hiS goods from that vessel I consulted the Senator from New York about it before he offered it to the shore without in a sense at least using or occupying or cross- and also I consulted with the Senator from Ohio who is farthestfrom in(l" the pier for that purposef me, [Mr. THURl\IAN.] Of course what led to this amendment, which I may be all wrong with reference to this subject, but I do not see is perfectly germane to the bill, because it is merely for the protcc- what the object of havin~ these piers can be unless it is for the use of tion of the property that we are trying to spend money to construct, the public, by which people who have conveyed property by land sh:1.ll every body can see. The necessity for it haa been made apparent from be enabled to communicate with the people who are conveying prop- the circumstance referred to about the east pier at Cleveland, as the erty by water in vessels. Senator from Ohio who sits nearest to me [Mr. SHERIIIAN] stated that Mr. EDMUNDS. Which party ought to control them, may I n.sk the he wanted to take these people by the throat and compel them to Senat.or f Ought the Secretary of War to control these works or the come to an understanding. United States, or ought private people to make them a common f Mr. SHERMAN.· I hope the Senator will not quote me as willing Mr. ALLISON. But if the vessel chooses to land at a pier or at a to send a man to the penitentiary because he crosses a pier to get to breakwater for the purpose of discharging its cargo, before it can use a bridge. that pier or breakwater for that purpose, if this provision is inserted, Mr. EDMUNDS. No ; I will not quote the Senator from Ohio as it must secure, as I understand it, the written consent of tlle Secre- being willing to send anybody to the penitentiary for occupying the tary of War. I take it that these piers are for the public use and Cleveland pier for twenty-three years to the exclusion of the United not for the specific use of corporations or particular individuals. States, or to take any steps whatever to correct the abuse. I will They are open to the poor man's wagon or the rich man's wagon the not impute anything of the kind to him. Far be it from me to bring same to unload a cargo from a vessel or to load a vessel with a fresh the Senator from Ohio into any such attitude as that. cargo. If I am entirely mistaken with reference to the scope of this Now I" will begin again. Mr. President, the public works of the a.menponsil>le who does damage to the works of companies, not this company alone but all the railroad companies, the Government, I wo11ld support it; but to exclude the use of it, the own pretty much all the land from the foot of the bluff, includinG' all absolute use of it, without the permission of the Secretary of War, is riparian rights to the lake and lyi.J1g east of a certain pier built-by entirely wrong. This bill for instn.nce appropriat es money for build- the Government of the United States. The only way by which these ing locks on the Kanaw b::t River, and yet no vessel could pass throogh great corporations can get to the lake or come into that city is by those locks without permission. A vessel might perhaps come up sweeping along down the bank of the lake and striking this Govern- from tho Mississippi Rivcrauu tho captain \Yonld want to pass up the 1876. CONGRESSIONAL REOORD-SENliTE. 5113 Kanawha, but before he coul(l pass through one of the locks under breakwater. The breakwater is another instrument of defense around this amendment as proposed, as I underst.and it, he must first get the a harbor, altogether different from lining the banks of ri vcrs throng b. permission of the Secretary of War. cities. Those are walls made to protect the water from the falling in Now, the adoption of this provision, according to my understand- and caving in of the banks, not to break the water off, but to break ing 'lf it, will embarrass the commerce of the COlmtry much more than the dirt ofl'. it will do good in the protection of the interests of the Government Mr. .MERRIMON. I do not care what impro>ement it is, whether in taking care of its property. Then look at the penalty. I do not it is a breakwater or w bother it is a wharf; wlmtever it may be, if it know why we should always have our bills filled with the fearful is made for general usc, to be used in a particular way in navigating penalties of fine and imprisonment for every violation of a law, how- a vessel or in unloading a vessel, every one would have the right t o ever trivial. I would rather see a civil remedy provided against the use it accordin~ .to law. The proper constrnction to be placed upon parties who may damnify the property of tho Go>ernment than to these words is this : Wherever any one shall be using any public work be holding up over the people of this country the pains and penalties of the chara-cter embraced by t.be amendment otherwise than as the of imprisonment in the penitentiary. I cannot vote for a proposition law allows for purposes of business, i11 t.hat case he shall be subject of that kind. to the penalty. I think it is very plain that that is the only con- In my judgment, therefore, we had better let this whole thing alone. struction that can. be placed upon it. If the law allows any shipper At any rate without proper consideration we ought not to attach to a or any one having charge of a vessel to use the work for a lawful bill of this kind such a provision. Certainly I will not vote for the pqrpose, then it would be no violation of this proposition if it were bill with any such provision in it. If the object is to defeat the bill, the law to-clay; but if he shall use it in a way other than that al- it will have that effect so far as my vote is concerned. I will not vote low~d by law for purposes of business, in that case he would be sub- for a bill creating penal offenses to pnt my fellow-citizens in the pen- ject to the penalty. It seems to me these words are appropriate in itentiary; I do not care where the amendment comes from that re- this view. In the case of piers a,nd many other public works along quires it. If you provide a civil remedy against parties who may in- rivers persons might want to walk along them occasionally for pleas- jnro the public property of the country, I wi.ll vote for such a propo- ure and it would be very absurd to say that such penalties should be sition ; but I will not vote for this. imposed upon persons who happened to walk on a pier or any other The PRESIDENT pro tempore. Tho question is on the amendment public work; but where they undertake to use it for purposes of of the Senator from Wiscor:sin [Mr. HoWE] to the amendment of tho business, and do it knowingly and willfully, then they ought to be Senator from New York, [Mr. CoNKLING.] subject to heavy penalties. The amendment to the amendment was rejected. Mr. KERNAN. Mr. President, I think it is probably true that there The PRESIDENT p1o tempore. The question recurs on the amend- should be some legislation to protect these works; but I submit that ment of the Senator from New York. we are not prepared to make the appropriate legislation now. This Mr. MERRIMON. It seems to me that this amendment, if enacted provision would apply to every work built by the Government to im- into a law, would be a very wise provision to protect the proper~y of prove rivers or harbors making it penal to trespass upon them, and the Government. I am not exactly sure that it ought to be made in this I fear we should interrupt uses of some of these works that are very bill. With a view, however, to perfect it, I would suggest to the Sen- necessary and very beneficial to commerce. .My suggestion is that ator from New York if it shaH beJome a part of the bill, that it be this lef.,rislation should be had after an application to the War Depart- amended in this way: Insert next after t.he words "United States" ment that we may have from tho engineers and those who are familiar in line 6 the words " for purposes of business," and substitute the with the subject facts showing that there are wrongs done a.nd what word ''willfully" for the word "knowingly," in line 10. their general character is, so that we may frame pe~al legislation The PRESIDENT p1'0 tempore. The question is ou the amendment with more care t.ban we can now. Therefore I submit we had better of the Senator from North Carolina to the amendment. take this up as a separate subject,.bave a report from a committee Mr. EDMUNDS. I do not think there is any objection to that. which can be based upon information showing the character of legis- Mr. MERRIMON. I think the word "willfully" is better than lation that will prop-e rly protect. the public works and will not be a "knowingly." Take the case put awhile ago where a vessel in a great obstruction to business in the ways suggested by the Senator storm is forced t.o go on the Government property; that act ought not from Illinois and some that I can imagine myself in reference to a to be punished. - few harbors that I am famHiar with. :Mr. OGLESBY. I should like to ask the Senator from North Car- Mr. HARVEY. I presume the object of this amendment is to pre- olina how far he means the expression "for purposes of business" to vent the permanent occupation and nse ·of public works by persons extend! Take the case of a vessel passing in between the piers from or corporations engaged in commercial business to the e:x:clusion of the lake and entering a river, the channel of which has been deep- other persons and corporations engaged in like business. If that is ened or widened or both, and the Government has constructed stone the object of the amendment, I am certainly in favor of the principle; walls or barriers along the banks of the river to prevent the caving lmt I agree with the Senator from New York who has just spoken in of the banks and thus to avoid obstruction to its navigation. that it bad better be macle the subject of a separate bill and consid- Take the case of a vessel entering in between the piers, coming up ered in another connection. the stream along the stone walls erected by the Government two or The PRESIDENT pro tempore. The question is on the amendment three feet wide, up against which the business of the city is all car- of the Senator from North Carolina [.Mr. MERRIMOX] to the amend- ried on; where the warehouses, store-houses, market-houses, retail ment of the Senator from New York, [Mr. CONKLING.] establishments, elevators, &c., are built immediately a.g ainst that Mr. CONKLING. I accept the amendment as I have a right to do stone wall. Does he mean or will the amendment be cow;;trned to having in form offered it, so that there need be no vote on that. mean that a vessel cannot run against tha.t wall and discharge its After hearing t.he Senator from Illinois on my right [Mr. OGLESBY] cargo, and that persons occnp~ ing the buildillgs along the banks and feeling that there is force in what he says, I suggest an amend- cannot cross that wall with their produce and pnt it on board of ves- ment which if adopted will cause the first two lines of this proposed sels without being char:tcterized as carrying on business' Does he provision to read : mean by those terms to exclude that sort of business f If be does, I - It shall not be lawful for any person or corporation to continuously or perma.· think his amendment adds nothing whatever to the amendment sug- · nently use or occupy any pier, breakwater, or other work, &c. gested by the Senator from New York. and I can see that that Sena- Mr. THURMAN. You have a right to modify your amendment. tor might very readily accept tho suggestion. If, on the contrary, the Mr. CONKLING. I know I have; but I do not want to modify it Senator from North Carolina means by "l.msiness" a permanent oc- without myself considering for a moment and getting the Senator, if • cupation of t be -wharves, a permanent occupation of the piers, a per- he will, to consider the effect. manent occnpa1 ion of the breakwaters, I could got along with it with . Mr. l\IORRILL. I would suggest the addition of the word "ex- considerably le~s difficulty. clusively." · . Look at the Chicago River for instance, a river that runs through Mr. CONKLING. There the Senator will be "hoist with his own the heart of the city, that is walled in as it were to prevent its banks petard." He will sc;.trcely find a case where one single person goes, from breaking in and stopping the channel. To say that steam-tugs, without communit.y with anybody else, and occupies exclusively one sailing-craft, steam-craft cannot go up by the side of an elev.ator or of these structures. In a case which I do not like to refer to because of the wholesale houses .along there and tie to that wall or pnss over I do not want to pe invidious, it appeartl that there is one king-bee in that wall without committing a misdemeanor is going further than I the hive that occupies, and then swarming iB. along with him are am willing to go Ly my vote. I would inflict no penalty on commerce several other small interests, and it is all very good for them; but it or any of the agents or instruments of commerce for such an occupa- is pretty hard for the people generally engaged in commerce and I tion or such a use of a wall or a pier as that, whereas I should be per- should like to have a little share for the Senator's constituents and fectly wiping to vote t~at no pier and no wall should be permanentJy others who are called upon once a year t.o build up what is broken and contmuons!y occupied by any company or any person for gain or down by this proceeding. If it says "exclusively," for the reason I profit or business. I could go for that, but I certainly could not accept have stated and for an additional one which I might state, I do not the cons1ruction which I think the language naturally bears. think the statute will be operative; but if we say" whoever shall Mr. MERRU\10N. I do not intend the words to have any ~ncb con- continuously and permanently"-those are the words used by the struction as that attributed to them by the Senator from illinois; nor Senator from Illinois-squat upon the pier and stay there so that do I think if this amendment should become a law any court would they will not go off, so that the engineer reports that it would re- so construe them. If a breakwater is made for the accommodation quire military force to disvossess them or to enable him to go on and of navigation and such purposes as he has indicated, it would be per- do anyt•hing with the pier, then it would take hold. fectly legitimate. Now I have a word to say to my colleague in n.nswer to his sug- .Prlr. OGLESBY. The Senator misunderstood me. I did not say a gestion. I do not know whether he means to vote for the riyer and 5114 CONGRESSIONAL RECORD-SENATE. AUGUST 3, harbor bill as it stands or not. Assuming that he does, and th&t he but I take my risk in my hand, and if they catch me doing this upon is a friend of the bill, knowing as I do that be is a friend to some of a pier I cannot answer this section by pleading that I am a conductor the appropriations which it contains, I make to him this suggestion: or ticket-seller of a stearnbon.t company or a railway company. That I rather think from what I have heard that there may come a time would not answer the purpose with even a majority of whoever might when this bill will need friends; it is possible it may be scant of try me as a court. votes; and I also inferfrom what I hear and what has been revealed, "Mr. CHRISTIANCY. To a certain extent the Senator i" correct un- not in one case only but less publicly revealed in two or three other doubtedly, but the penalty of imprisonment it is very plain cannot cases, that there may be several Senators here who feel that if they apply to a corporation. are building piers or works of another sort-for it is not piers alone- Mr. CONKLING. Strictly to a corporation it might not; but in- for a railroad company or a coal company or a company engaged in asmuch as a corporation must act through men, and it does apply to ~etting out lumber or cord-wood, it may not make them any more an- them, you have there the safeguard. nnated than they- would otherwise be in supporting this bill. Hence Mr. SHERMAN. I ask the Senator from New York to remember, I believe in the rnterest of the bill that if my colleague or some other as be does no doubt, the condition of affairs at Chicago, and think good lawyer in this body will tfl.k e a little pains to perfect this amend- h<,>w such .a law as this would apply t~ere. If I remember correctly ment so that it will do no harm and so that in the estimation of some there are unmense elevators, the most Important agencies of the great Senators it will ~nard some of those appropriations from being used commerce of Chicago, built out alongside of these very piers, clear for purposes whiCh they believe to be wholly private purposes, and out far in the lake. They carry the railroad tracks, just as at Cleve- therefore in the sense of the Constitution unlawful purposes, he land, alongside the piers to the other side of the elevator, and there will be very likely to augment the chances of the bill. And there- the elevator built alongside the pier is using the pier every day; that fore although, as I repeat, I did not prepare this amendment and is, all the wheat that goes to the city of New York from the city of probably should not have prepared it, but did offer it in the absence Chicago is passed from the railroad to the elevator over the pier. It of Senators who did prepare it, I think he cannot devote a little is used every day by everybody, especially by the owners of the ele- time to any more useful or wholesome purpose touching this bill than vator. It is not possible to carry on the business of the lakes other- to put in some safeguard which will prevent our receiving a report wise. I suppose it is the same in Milwaukee. at the next session of Congress from the War Department and the Mr. CONKLING. I think the Senator's attention has been with- Engineer Bureau that unless they are allowed to proceed under the drawn a moment since the amendment was changed. As it is now it war power by military force they cannot get enough possession of certainly would not act upon that, and I am free to say that I do not the piers which we have built up to repair them. _I confess that think it ought to. There may be force in what the Senator from every time I hear that pro!_)osition stated, or state it myself, it strikes Wisconsin [Mr. HoWE] said that we ou~bt to so change it that this me anew with some wonder that such a thing can be that a man, re- would in some way be the subject of joint contribution ; but this ducing it to the illustration of private ownership, who owns a work does not affect that, and I do not think it should. It imply provides and has built it, says that without military force he cannot enjoy it now that if persons or corporations take permanent possession and himself for the uses for which it was built and cannot dispossess in- continuous possession of this work, then they must have some under- truders and trespassers who monopolize it and devote it t{) their own standing with the Secretary of War about it, and be has power to use. interfere when it gets to be a grievance and say "Now yon must limit But, Mr. President, I have no interest in this amendment except this to the use I prescribe," if they persevere then he can act under tJJat which I state, and certainly we should not pass an amenclment the statute. going further than it ought to go; but I submit that if it is changed Mr. SHERMAN. Here, on the other band, these buildings that have so as to be restricted to cases where they take continuous and per- been put there by the acquiescence of the Government, to say the manent possession of public works for private purposes, it would be least, to promote the public interest and promote commerce have cost very difficult for any member of this body to object to that. Whether perhaps half a million, I think some of them more tha.n that, perba ps the statute will then be of enongh vigor to en8.ble yon to apply it is a a million of dollars; I have beard of one costing a million and a half question which we must take the chance of; but it does seem to me of dollars. That is a permanent thing, therefore. It may bo said that we ought to file some caveat, we ought to give some notice of their occupation of the pier is a permanent occupation, a continuous some kind that this sort of proceeding shall stop. occupation. Mr. LOGAN. Will the Secretary read the proposition again T :Mr. CONKLING. Not at all. The PRESIDENT pro tempore. The amendment will be read. Mr. SHERMAN. They do it every day and every hour; and at The Chief Clerk read as follows: any moment a Secretary of War who chose to abuse the power con- SEC. -. It shall not be lawful for any person or corporation to continuon.<1ly or ferred on him might at once arrest the whole progress of this enor- permanently use or occupy any pier, breakwater, or other work of the United mous business. It does seem to me that we ought not to interfere in States for the improvement of rivers or ba.rbors or naviaation in the United States this way with what has gone along without objection and without for purposes of business without the written consent of the Secretary of War and law and without complaint, except as to the amount of $8,000, and I without compliance with such conditions as he shall prescribe; and such cons~nt may be canceled at any time on one month's notice. And any person who, wllether do not care who is made to pay that. If the Senator or anybody will acting under the authority of a corporation or otherwise1 shall willfully violate the make a proposition that will compel the railroad companies at Cleve- foregoing provisions shaU on conviction thereof be pumshed by imprisonment for land to repair, or anybody who uses a Government pier to repair, any not more than one year or by fine not greater than $500. This section shall take loss or damage done to the pier by reason of their use or occupation, olfect on the 1st day of October, 1876. I shall be perfectly willing to vote for that. Indeed, I say that it is Mr. CONKLING. Is there any objection to th:tt now f right that the Government of the United States ought not to main- Mr. KERNAN. It has been changed since I heard it before to "con- t.ain piers for the benefit of wharves and where the wharfage use of tinuously or permanently." these piers does injury to the Government, impairs the foundation of Mr. CONKLING. Does my colleague see any objection to thatf the piers, or causes damage, some provision of law ought to be made, Mr. KERNAN. I cannot see :my objection to that. It may have carefully guarded, by whicb t.he corporation should be compelled to pay some good effect now. that loss. But the use of these piers continuously and permanently The question being put, a division was called for on the amend- is a necessary use in order to carry on the business of the people, and ment. is a necessary use to make the harbor available and the piers availa- Mr. CONKLING. I will modify my amendm.,nt. 'Let us take the ble. Look at Chicago and the enormous business that is done there; question. in the best form. I modified my amendment so as to incor- and in Dufi'alo it is the same. I saw the thing therewith the honora- porate these words, finding that other Senators approved of thern-- ble Senator from New York. A train of cars comes in on ono side of a. • Mr. ALLISON. It is not modified. great elevator. The elevator is owned by an elevator company; the Mr. CONKLING. The Senate voted under a misapprehension. pier is owned by the Goverument; the river is public property. The Mr. CHRISTIANCY. I wish to ask t-he Senator from New York use of all these different great agencies of modern civilization baa one question : How corporations a,re to be punished under the lan- been carried on for years to the advantage of the public at large. If guage of the amendment f the use by the elevator should be injurious to the pier, the Govern- Mr. CONKLING. If my friend will look to the amendment he will ment ought to have the power to require the elevator company tore- see that it includes corporations. Then be puts to me very naturally pair any damage caused by it. If the railroad has caused any injury how are you to reach corporations. It has been decided in Massa- to the elevator, it ought to be required to repair that damage. chusetts, for example, that a corporation can be indicted for assault Mr. EDMUNDS. The tenant ought to keep the landlord's property and battery. I rather think if that is the law, that a corporation can in repair. That is the general rule. be treated as a trespasser for coming forbidden upon a, close not their Mr. SHERMAN. Why do yon not say sot own. Mr. EDMUNDS. I do not regard it aslancllord and tenant. Mr. CHRISTIANCY. Can they be imprisoned f Mr. SHERMAN. Why do you not say that if in the use of a public Mr. CONKLING. There is a subsequent part of the amendment pier any corporation or person sha,ll injure the pier or do damage to which the Senator, from Maine [Mr. HAMLIN] has made a suggestion the pier then there ought to be a remedy, and it ought to be a civil about. If the Senator thinks he had better strike out the imprison- remedy, not a penitentiary remedy 'f ment-! rather think, however, be had oetter not strike it, out-that Mr. CONKLING. 'Vhy uoes not my honorable friend propose itT is a thing which can be done and the fine will go against the corpora- Mr. SHERMAN. I did. I offered a proposition as an amendment tion. But a corporation not being a natural person acts only by its to t,he very clause, so far as that particular ca.se was concerned. I am a.gents, and therefore if I, .being t.he a,gent of a corporation, go upon willing to extend it to all. a pier and take possession of it, I do it at my peril. In trespass all Mr. EDMUNDS. How would it do to add-would this agree with are principals, and in a misdemeanor or offense there is no agency, my friend's motion T 1876. CONGRESSIONAL RECORD-SENATE. 51J5 Any person who shall unlawfully injure or unlawfully occupy (except in case of take bold of this question and do the suhject better justice than we stress of weather) any pier, property, or other work of the United States for the are likely to do here by tinkering over it for an hour or two at the improvement of rivers or harbors or navigation in the United States, shall, on con- . viction thereof, be punished by a. fine not exceeding $100, &o. • tail end of this bill. The provision itself uoes not take effect until the 1st of October, by the amendment, so that only two months will Or, if that is too much, a fine not exceeding what the violator is intervene between that time :mu the next session of the Senate, when willing to pay. How would t,hat do 1 the Judiciary Committee, or the Committee on Commerce, or some Mr. SHERMAN. I should say, on the contrary, that the remeJy other standing committee of this Houso familiar with the subject, ought to be a civil remedy. He should be required to repair the dam- could prepare a bill just to the Government of t.he United States and age done, or in a snit to be brought by the United States to pay the just to all the people of this country, because I do fear t.bat at many damages. There is no trouble in dealing with this case. Wherever places this ame~dment, if adopted in any form that it is likely to take, a company invests a million of dollars, or even $20,000, in the con- will do injustice to very good people who are engaged in one way anu struction of a work alongside of a pier and does damage to that pier, another in transacting business at these uifferent places where har- it furnishes itself the security. I would make the property, as in the bors and piers have been erected. whisky cases, responsible for the damage done. Further than that Mr. EDMUNDS. May I ask the Senator a question 1 Is it any part it does not seem to me wise to go. of t.he business of the people of the United States to furnish out of Mr. CONKLING. If I am not out of order, the Senator from Ohio its Trea-sury places for private people to do business and take posses- bas brought us to a time when I want to make one remark, and I sion off wish I could get to it the attention of every Senator. Ha.ving a knowl- Mr. ALLISON. Certainlv not. The Senator does not need to ask edge of river and harbor bills for a good many years, I believe if yon me that question. • might by an amendment such as we are discussing or in some other ?tjr. EDMUNDS. I think it isveryopportunetothe Senator's argu- way separate from public works the idea that they can be used as mt!flt. private property, you wonlu strike off a large percentage of all the Mr. ALLISON. It does seem singular that this great abuse all over applications for river and harbor improvements. To make plain my this country has lain dormant for forty or :fifty years and only been meaning, let me give an illustration. Wherever you find the terminus discovered at the tail end of this river and harbor bill. Therefore I of a railroad, you find in that fact a great and pressing inducement suggest that if this matter is so vital and so important that you must to a harbor improvement. We can all see that for just and proper ma.ke penal provisions with reference to it, put people in the peniten- reasons inducements arise in such a case. But the particula,r thing tiary and fine t.hem a thousand dollars or more, it is sufficiently im- to which I point is this: If there is a railwa.y company that wishes portant to require the careful attention and consideration of the Ju- to deliver coal in place of building a wharf to deliver coal 1 it wants diciary Committee of this body. if possible to havetbatwbarf constructed at the public expense, and Mr. CHRISTIANCY. I move to amend the amendment in the lat- so with piers and with a variety of other works whieh can be found ter part so as to read : in this present report of the engineers. If you once establish the fact And any person who, whether acting under the authority of a corporation or other- that they cannot occupy as their own that pier without paying for wise, shall willfully violate the foregoing provisions shalL on conviction thereof, it ns they would pay for any other wharf, that moment in many of be punished, if an individual, by imprisonment not more than one year, or by fine these cases the great push for appropriations will cease. not greater than $500, and if a corporation l.ly fine of not more than $.),000 nor less than $500. . Mr. President, it is not to touch a case like Buffalo, the local geo- graphy of which I think was not sharply present in the mind of my Mr. CONKLING. I accept that amendment. honorable friend from Ohio when be made his remarks. He will not The PRESIDENT pro tempore. The question is on the amendment :find a case in Buffalo where the railroad. runs, not ou the land siue of of the Senator from New York, :-~s amended. the elevator, but on the water side, a case where the railroad runs on Mr. EDMUNDS. I ask for the yeas and nays. the pier, but where the Erie Railroad or the New York Central runs The yeas and·nays were oruered. its cars along the side of the elevator fiom which the legs go down Mr. WEST. Let it be reported as it stands now. into the hold of the vessel to snatch up the grain and put it in the The PRESIDENT pro tempore. It will be read. elevator and deliver it over on the other side; but he will find ele- The Chief Clerk read as follows: vators stanuing along normal to f,he basin or the water, and on the SECTION -. That it shall not be lawful for any person or corporation to continu- otfter side of those buildings is the railway track on which cars run ously or permanently use or occupy any pier, breakwater, or other work of the underneath and over on the other side this cargo is delivered into United States for the improvement of rivers or harbors or navigation in the United them. They do not use the pier; they do not crush any masonry States, for purposes of business, without the writt-en consent of the Secretary of War, ru1d without compliance with such conditions as be shall prescribe; and such built by the Government. They are on the other side of the building. consent may be canceled at any time on one month's notice. And any person who, It stands between them and the water, down into which the Senator whether acting under the autholitv of a. corporation or otherwise, shall willfully saw the long legs of the elevator put, taking out of the bold of aves- viobte the f01egoing provisions shall, on conviction thereof, be punished. if an in- dividual, by imprisonment not more than one year or by fine not Jrre3ter than 500, E!el and having disappeared beyond his view with almost incredible and if a corporation, by fine not more than 5,000 nor less than $500. This section quickness the larO'est cargo that comes down in bulk. shall take effect on the l!!t day of October, 1876. Mr. SHERMAN. I was unfortunateif I described that at Chicn.go differently. The railroad is always on the left and the pier on the The question being taken by yeas and nays, resulted-yeas 14, nays right. 28; as follows: Mr. CONKLING. Precisely. YEAS-Messrs. Anthony, Chriatiancy, Cockrell, Conkling, Edmunda, Hamlin, Hitchcock, Howe, Kernan, Merrimon, Morrill, Oglesby, Thurman, and West-14. Mr. SHERMAN. And the big building between. NAYS-Messrs. Allison, Bayard, Boutwell, Cooper, Cragin, Davis, Dennis, Eat.on, ?t!r. CONKLING. Then my honorable friend will see that his case Ferry, Frelinghnysen, Harvey, lngalls, Jones of Florida, KE\lly, Key, McCreery, of an elevator is just the case t,hat does not touch this. 'Vhy f Be- McDonald, McMillan, Maxey, Mitchell, Randolph, Ransom, Sargent, Saulsbury, cause by their own apparatus t.hey connect the elevator with the bold Sherman, Windom, Withers, aml Wright,-28. ABSENT-Messrs. Alcorn, Barnum, Bogy, Booth, Brnce, Burnside, Cameron of of the vessel; the cargo passes off through the legs of the eleva.tor, Pennsylvania, Cameron of Wisconsin, Clayton, Conover, Dawes, Dorsey, Gold- and my friend and a procession at the same time could march along on thwaite, Gordon, Hamilton, Johnston, Jones of Nevada, Logan, Morton, Norwood, the pier, :mdhenever would even know, unle~s be looked, that a great Parltlock, Patterson, Robertson, Sharon, Spencer, Stevenson, Wadleigh, Wallace, stream and toiTent of grain was passing up from the hold of the ve sel and Whyte-29. that lies outside into this tall buildin~ which becomes its rece-ptacle. So t.he amendment was rejected. I do not wish, of com'Se, anything which would inteifere with that. Mr. EDMUNDS. I offer the following amendment, to come in as a I do wish if possible that we should come to a time when a. man last section to the bill; and on it I ask for the yeas and nays: who wants to ship cord-wood or lumber will not come here and ask Anv person who shall unlawfully injure or unlawfully occupy-except in case for an appropriation to build a pier or a wharf which will enable him of stress of weather-any pier, l.lre3.kwa.ter, or other work of the United States for to bring it conveniently up and load it from there into a vesSPI, and the improvement of rivers or harbors, or navigation in the United States, shall, on the same thing with corporations. I want it stopped, :first because of conviction thereof, be punished by a fine not exooeillng $100. what I conceive to be its illegality, and second because of wba.t I The yeas and nays were ordered. b~lieve to be the diminution (If these appropriations many of which Mr. ALLISON. I would suggest to the Senator from Vermont to are applied, I will not say Aquandered, to such uses. strike out "except in case of stress of weather." I do not think Mr. ALLISON. Mr. President, I do not know that I shall object tJO that would be an unlawful occupation. this amendment when perfected; but it seems to me that the debate Mr. EDMUNDS. It might ·be unlawful in the sense of a trespass, has disclosed such a diversity of opinion with reference to the effect and therefore I want to make it as acceptable as possible and ascer- and scope of the amendment that it bad better be eliminated from tain if it is possible to put even the slightest check upon the sort of this bill. Wo have lived a great many years in this country improv- thing which seems to be going on at some places. ing harbors from year t.o year without any such provision. Mr. McMILLAN. · I votecl against the last amendment a.nd I shall .Mr. CONKLING. Building wharves. feel compelled to vote against this. I believe there is a wrong, per- 1\lr. .ALLISON. Building wharves or whatever. We have before haps, which requires some legislation, but I think the circumstances ns now a provi~>ion prepared by two or three eminent Senators and are such as to require any legislation proposed to be carefully con- amencled four or five times, and I have just seen the handy fingers of sidered by a committee, so that snch legislation may be framed and the honorable Senator from Michigan [Mr. CHRI.STIANCY] aL this p]a.ced upon the statute-book as will be certain to accomplish the pur- amendment, and I have no doubt be will perfect it still more. poses intended by it, and I think by legislating at this time aud in Mr. EDMUNDS. Has it been amended oftener than the bill hns this way great injury might be done to the interests of commeree , IJeen in other respects f where no such injnry is intended. That is my only reason for oppos- .Mr. ALLISON. It uoes seem to me that a careful committee may ing this amendment; but if a provision of this kind can be referred 5116 CONGRESSIONAL RECORD-SENATE. AUGUST 3, :,. to a proper committee and receive the consideration of such a com- persons who do that thing shall be brought under tho penalty of law, mi ttee~ I should very cheerfully support it. is the quest ion. The question being taken by yeas and nays, resulted-yeas 15, nays Mr. SHERMAN. I do not agree that the river and harbor bill is 26; as follows : not like any other appropriation bill. It is a bill to carry on ~xi~:~ting YEAS-Messrs . .Anthony, Cameron of Wisconsin, Cockrell, Conkling, Cragin, works and to commence new works, and it ought to be treated as and Edmunds, llamlin, Howe, Kernan, Merrimon, Morrill, Oglesby, Thurman, Wad· is in its nature an appropriation bill. leigh, and West- 15. As to general legislation the Senator from Vermont made a very in- NAYS-Messrs. Allison, Bayard. Boutwell, Cooper, Dennis, Eaton, F erry, Fre- teresting speech here the other day, one of great abili ty, t o show t hat ling;huysen, Gordon, Harvey, Ingalls, Jones of Flonda, Kelly, Key, McCreery. ~c­ the conduct of the House of Representatives in undert.aking to leg- Donalt1, McMillan, Maxey, Randolph, Ransom, Sargent, Saulsbury, Sherman, Wm- dom, \Vithers, and Wri~rht.--26. • islate in .a whole ale manner upon an appropriation bill was not right ABSENT-Messrs. Alcorn, Barnnm, Bo;nr, Booth Bruce, Burnside Camero~~: of and that we might very fairly stand upon that ·position. Here is au Pennsylvania, ChriRtiancy, Clayton. Conover, Davis, Dawes, ~ot·sey, Goldthwatt.e, attempt to legislate not as to the particular works but as to all works, Hamilton, Hitchcock, Johnston, Jones of Nevada, Logan. Mitchefi, Morton , Nor- wood, Paddock, Patterson, Robertson, Sharon , Spencer, Stevenson, Wallace, ancl not tho e that are embraced in this bill but as to all the works of th~ W.byte--30. • United States, and all the property of the United States, to protect them. So the amendment was rejected. 1\lr. EDMUNDS. 0, no, sir; only river and harbor works for which Mr. EDMUNDS. I see it has not got quite soft enough yet. I this bill provides. will try it again. I propose this amendment: Mr. SHERMAN. There are many hundreds of millions of dollars, .Any person who sh:ill unlawf:Illy injure- I may say, invested in other rivers and other harbors in works com- Leaving out occupation entirely and confining it to mere inj~­ pleted; and yet this section extends to them a.ll. It is a penal law. '' any pier, breakwater," &c., "shall be punished by a fine not ex- Mr. ED.MUNDS. So it is. ceeding 100." Mr. SHERMAN. And are you to put on a river and harbor bill all The PRESIDENT pro temp01·e. The amendment will be read. the laws that we pass, all the penal statutes that ought to bo inventecl The Chief Clerk read as follows : by the Judiciary Committee, all the commercial regulations that Any person who shall unlawfully injure any pier, breakwat-er, or other work of ought to be invented by the Committee on Commerce f If so, there the United States for the improvement of rivers or harbors or navi~ation in the is no virtue in the rulo we have been acting on. If this amendment United States shall, on conviction thereof, be pllllished by a fine not exceeding 100. is adopted, what can we say to the House when they havo undertaken Mr. SHERMAN. I simply desire to say that this proposition and to change the salaries of all officers of the Government from the all propositions of this kind are geuerallegislation. This is general President down, the salaries they provided for being appropriat.ed for lt>gislation applying to a great multitude of cases, and it ought to be in the bill that they sent to us Y If they cannot change the salaries referred to the appropriate committee. I shall vote against it on that that are provided for in those bills, how can we on this bill put a. ground. I am told by the Seuat.or who has the bill in charge t.hat penal~:~tatute as to public improvements that have been finished fifty there is no legislation on this bill of a general character. There is years ago T I am perfectly willing to do anything to protect the pub- legislation aftecting and regulating the expenditure of particular lic property; but the suggestion made by the Senator from New Jer- sums named in the bill. - sey is perfectly correct, tlmt this matter ought to be referred to the Mr. EDMUNDS. The Senator from Ohio having no further objec- proper committee to examine it. tion to offer to the amendment itself, comes at laBt to the solid ~round Mr. EDMUNDS. Let me ask the Senator if he has not himself that this is legislation on an appropriation bill. moved to this very bill nn amendment of legislation respecting the Mr. SHERMAN. Of a general character. east pier in Cleveland Harbor f Mr. EDMUNDS. And legislation of a general character. What is Mr. SHERMAN. And that was perfectly proper, bccn.u e tl.Je mle the general character of this legislation f Its general character is expressly authorize.q where ~particular snm of money is appropriated just as general as the bill is, and not a bit more. The bill provides for a particular purpose an amendment of a le~islative chamcter to $5,000,000 to construct, improve, repair, and protect public works of be ofiered in regard to that particular appropriation. The rule ex- internal improvement. This amendment proposes that if any person pressly provides for it, and that is perfectly gormane always to every shall willfully and unlawfully injure one of these works of public im- appropriation bill and is not controverted by any Senator whateyer. provement, he shall be subjected to the slight fine of 100, which will That is where a particul.-.,r appropriation is made, anything that di- not send him to the penitentiary. Now, the Senator is struck with rects the mode :uul manner of its expenditure is proper and portjnent astonishment and says this is general legislation. It is not general to it. legislation. It is specific legislation, applicable to the specific works Mr. EDMlTh'DS. That is just what the House have done about sal- that $5,0001000 of the money of the people of tho United Stat-es is to aries. They appropriate money for salaries and provide that what be appropnated to build up and take care of. That is what it is, and they appropriate shall be in full for all that the men do. · . nothing more. The objection that we have aU or many of us made Mr. SHERMAN. I think we are all astute enough to se~ the differ- to legislating on appropriation bills that were merely to furnish money ence between a particular provision as to how a particular sum of to carry on t.he Government according· to the requisitions of existing money appropriated in a bill shall be expeuded and what results shall law, is one thing; but when you sail out with a biJl that has not in come from a general appropriation. it any provision to carry out any existing law, but is absolutely fresh Mr. THURMAN. No one can deny the propriety of t.his proposi- legislation though on an old subject, then in order to protect the tion as an abstract proposition. The only objection to it is that it is uses to which w:o apply .this money we propose that if any person com- proposed as a part of an appropriat-ion bill. I leave it to those who mits an injury upon these works he shall be made responsible for it have discussed that question whether it is proper ou this bill or not. in a small pena.lty. That is the proposition. The Senator from Vermont says that the rule that no general legisla- Mr. FRELINGHUYSEN. I have had no opportunity to look at tbe tion shall be had in appropriation bills applies only to those bills statutes of the United States. If this matter was referred to a com- which appropriate monoy in pursuance of law for the necessary sup- mittte, that committee probably would examine it. It seems to me port of the Government, (and that is a very strong proposition,) and very strange if in all the legislation there is not some provision, some does not apply to a bill of this sort which is not necessary to maintain statute against malidous mischief er against destroying the public or support or carry on the Government. I leave that, however, to works of the United States or the works for improving the naviga- those who see fit to enter upon that discussion. tion of tbe rivers. The effect of this propose(l statute is to reduce all But what I have now to say is that my friend from Vermont has those penalties down to 100 and to make that the punishment for got down to what is a very fine point in this busine s, a.nd that he all this mischiof. Therefore it seems to me that this statute may be might just as well give up. His amendment is not legislation that doing great damage. It may be really repealing many of the penal- will get at the evil. The present proposition belon~s to general leg- ties which exist now for the protection of these very works. islation and does not at all touch the grievance whlCh has been con- Besides, the Senate has several times by its vote indicated that it sidered. I move, in hope that it will moot his assent and that of did not wish to legislate upon this subject without its being referred others, to strike out all after the word "that" in his amendment and to a cornmittee, and I do not think that any amendment can be so insert: drawn that I would vote for it. Tbe Secretary of War is hereby directed to report to Con.u;resa on tho first Mon- Mr. EDMUNDS. I feel perfectly sure of that. . day of December next what legislation is in h1s opinion necessary to protoot tl1e Mr. FRELINGHUYSEN. You may be assured of 1t. the breakwaters, piers, and other public works constructed by the United States. Mr. EDMUNDS. I have been sure of it for some time. I will mod- The PRESIDENT pro tempore. The question is on the amendment ify my amendment by putting the :penalty up to not exceeding a to the amendment. thousand dollars. I do not think that I shall lose any votes by it, Mr. EDMUNDS. He will say that an appropriation of 10,000,000 and it will make it look a little more respectable. Now I wish to say is what is neccss:try to protect them. Tha~ is all we call upon bim to my friend from New Jersey that several gentlemen have examined to do. the statutes of the United States to see if there was any earthly way Mr. THURMAN. I mean a.gainst unlawful injury or occupation. under existing law to prohlbit the willful violation of tho rights of Mr. EDMUNDS. 'Vonld it not be a good thing to sa.y it theu, if the United States against the protest of the engineers and where that is what you mean f nothing but the Army could be brought to bear to protect our works Mr. THURMAN. Insert "against trespass upon or injury to the from ab olnte injury and destruction. Now, whether on a bill to which same." - i~ is perfectly germane and to protect t.he very objects of the bill, it is Mr. CONKLING. I can see no objection to this amendment as it possible to get a majority of this Senate to say that for such a piece is modified now; except tha.t it repeats inadequately what I take to of misconduct, not occnpation, not use: but m~re willful injury, the be the existing law. It is manifestly under tho st.atutcs touching 1876. CONGRESSIONAL RECORD-SENATE. 5117 the Secretary of Wa.r, the Engineer Corps, and the doing of river and 1\!r. THURMAN. A subordinate officer of the Engineer Depart- harbor work, the duty of the Secretary of War in his report to pre- ment has made that report, and that is all. sent any facts bearing upon that subject. It manifestly was his duty Mr. CONKLING. 0, no! to do it on t.he several occasions when he l:jent here reports, some of Mr. EDMUNDS. That the Secret.ar:v has transmitted to us. which I have read, calling attention in one instance, and it is not the :Mr. CONKLING. The subordinate officer haf! made it to the chief; only one, to this very thing for which the Senator from Ohio now in- the chief has malle it to the Secretary of War; the Secretary of War quires, to wit: not only trespass upon the piers of the United States, has made it to the President; and the President bas sent it here with . but damage done to them. And it is the duty of the President ofthe his mcssaO'e, . United States in sending his message to us to send along with it the Mr. THURMAN. And after all that red-tape it is nothing but tho report of the Secretary of War and the report of the Engineer De- report of Colonel Cram, the subordinate officer. I want to know from partment which the Secretary of War by appending makes a part t.he responsible head of the Department whether or not the facts of his report. .All that is the law now. All tl1at, for aught I see, require that there should be le(J'islation. will be the law if this amendment is adopted ; but the Senator from Mr. CONKLING. Does the Senator expect the Secretary of War to Ohio will take no ofl'ense I hope when I say that I cannot discover go a.ronnd in person aud lo..ok at all these works f that this will add one particle of weight to the duty now imposed by Mr. THURMAN. No; but I do expect that if he is worthy to be law upon the President, the Secretary of War, and the head of the Secretary ?f War, through all the agencies under his control and sub- En~eer Department. ' ject to his direction he will get such facts as any other minister in any If the honorable Senator from.Ohio will take the trouble to turn other government in the world would submit to the legislature. over the leaves of the lll8t report, or the report before that, or the re- Mr. HOWE. I wouldsuggeattotheSenatorfrom Vermontwhether port before that, he will find in one case in all of them, and in other he had not bett-er change the penalty imposed in his amenon, Bayard, Cooper, Davis, Dennis, Eaton, Frelinghuysen, bad amendment to adopt. While it may be that there is not on our Jones of Florida, Kelly. McCreery, Maxey, Norwood, nandolph, Sherman, Wad- statute-book any law imposing a pena.ky for these injuries to public leigh, Withel'>', and Wright--17. ABSENT-Messrs,Alcorn, Barnum. Boj!:y, Bruce, Burnside, Cameron of PennRyl- works-- vania, Cla.yi.on, Conover, Crapn, DoTsey, (J{)ldthwalte, Gordon, Hamilton, Harvey, Mr. EDMUNDS. Unlawful injuries. Ingall!-1, Johnston. Jones of :Nevada, Logan, .McDonald, .Morton, Patter on, R~bert· Mr. FRELINGHUYSEN. Unlawful injuries to public works, yet I son, Sauh!lmry, Sharon, Spencer, Stevenson, Wallace, and Whyte--28. suppose that if in the State of Illinois or Ohio, where these works So the amendment was agreed to. are located, a.ny person should take gunpowder and maliciously de- Mr. FRELlNGHUYSEN. I would call the attention of my ft·iend stroy them, it would be an offense that the.ir statutes would certainly from Vermont to the nmendment just adopted and ask whether it apply to, and a person so offending would be sent properly to the pen- does not have the effect of repealing the act iu reference to the pro- itentiaryr probably for life. It may be that our passing this law tection of the work :\t the mouth of the Mississippi River. There the making the penalty a mere pecuniary fine of $1,000 would not affect penalty is a tine or imprisonment or both. This is for the protection that State law. of all the works of the United States, and is only a fine, which I Mr. EDMUNDS. What does the Senator think about that point t think is an illustration of this mode of legislation without laws going Mr. FRELINGHUYSEN. That may be so; I am not entirely cer- to a committee. . tain; but whether it is or not, theFe is that comity existing between Mr. EDMUNDS. It is n. very good illustration, inasmuch as we , the Federal Government and the State government that I do not ha.d the law before ns and read it, aud inasmuch as the Senator saw think a judge would impose a gre:J.ter fine, unless he was compelled the point before :mrl ought to have contributed his valnable experi- by the Stat-e statutes, than the United States had said should be im- ence to making it t·ight. I beg to assure my distinguished friend that ' posed for that offense. This shows the impropriety of our legislating I clo not think it would be very bad if it did. !fit does repeal it, we without referring these subjects to a committee; aml my friend from have a new law for a thousand doll:J,rs fine instead of a law for fine Vermont, for the first time I think since I have known him, has de- and imprisonment, as it is; so thn.t I think tl.Je public interest ma.y parted from his rule of insisting that statutes of this character should possibly be protected to the extent of 1his small amendment in that take that direction. case. Mr. EDMUNDS. Mr. President, I have not departed from any rule Mr. FRELINGHUYSEN. But my impres ion was that the object of conduct at all. I have taken the liberty as other Senators have, of the Senator was to make the law more stringent for the protection when a bill is under discussion and a grea.t abuse necessary to be cor- of these works, instead of making it more lenient. rected by legisla.tion relating to the subject of that very bill comes 11--Ir. EDMUNDS. No, >t was not eir.her fear of ma.king it more to light, to propose in my humble way some redress aga.inst it. That stringent for the prot.ection of the Eads work or making it more is aU; so that I believe I am within the line of my own precedents·. lenient. It was to apply the law to all the works of the United Now, the Senator says the objection to this is that it interferes with States, there being no law now agn,inst willful injuries by people who State comity. The Senator had better repeal aU our laws :J,g ainst are unlawfully doing wrong to them. That was it. The Senator counterfeiting the coinage, for the States all have laws of that kind, does not like that sort of law; I do; and so we h:J,ve disposed of the and a great many others that opemte upon the same persons and subject. upon the same class of subjects and upon the very same acts. The The bill was reported to the Senate as amended. United States and the States pass their independent L1.ws without The PRESIDENT pro tempm·e. The qnestion is on concurring in any reference to whether the penalty is great or small in eit.her case. the amendments made as in Committee of 1.he Whole. The statute-books are ful1 of such cases; and I never heard before :Mr. EDMUNDS. I wish to ask that one or two of the amendmenti that legislation was asked even to be p,ostponed on the ground that of the committee be reserved. I will hunt them up. I had them we were to inquire what is the condition of a St.ate law about some marked on my bilL public interest of the United States which by possibility might be Mr. HARVEY. I wish to reserve the amendment on page 13, be- protected under it. I do not think tha.t argument wi11 stand. ginning at !ine 309 anu running to line 312. I do not want to occupy time; but in order to make the amendment l\lr. THUR:\IAN. I ask unanimous consent to give notice that as I hope acceptable to everybody, before "unlawfully" I wish to insert. soon as thjs bill is disposed of I sha.l l ask the Senate to proceed to the words "willfully and,'' so that it shall be a willful and unlawful the consideration of the bill reported by the Judiciary Committ.ee in injury of this particular class of public property mentioned in this respect to the Pacific Ra.i :roads. bill. ?.Ir. HAMLIN. I want to repeat a. notice that I ga.ve in advance of Mr. FRF.LINGHUYSEN. I should like to a-sk my friend one ques- my friend from Ohio, that I shall a-sk the Senate to take up the post- tion, whether he thinks that a conrt in Ohio, if we fix tliis penalty at route bill if I can get the floor. a thousand dollars, would in any event impose a greater penalty under Mr. SARGENT. If there is any virtue in notices, I desire to say the State law than we ha.d indicated f that I wish to call before the Senate the important measure giving Mr. EDMUNDS. I do most certainly. I ha;ve that respect for the effect, to the Hawaiian treaty. courts of the State of Ohio th:J,t leads me-- Mr. CONKLL~G. I witih to give notice that there are several bills Mr. FRELINGHUYSEN. They would have that respect for us to on the Calendar which I shall endeavor to get the Senate to consider suppose that we would fi.A the .right penalty. as soon as oircnms+-ances will permit. I Mr. EDMUNDS. I have forgotten whlch one of us it was who was :Mr. ALLISON. I ask tha-t all the amendments not reserved be con- speaking. I have that respect for the courts of the State of Ohio that curred in, so t'ta.t we may make some progress. leads me to believe those courts in executing t.beir own laws will do it Mr. EDMUNDS. I want tQ_reoe.rve the amendment fr..om line 162 independently, on their own j ndgment, accorcling to t be justice of each to Hue 165. That is about the fallen trees in t.he Little Kanawha Ri ,-er. particular case that is brought judicially 9efore them, and I have no I think most of the others are in t.he text of the bill, and are not doubt they will do so; and so of the courts of New Jersey: If they necessary to be reserved. 1876. CONGRESSIONAL RECORD-SENATE . 5119 .Mr. CONKLING. I am told it was said the other day in the Sen- as being within the limits of tbe State of New York, and limited by ate during my absence, which absence was not greater than five that circumstance, instead of being a great entrance to the whole minutes, that the State of New York had managed in this last re- Republic, is the silliest of all absurdities. But I submit to my friend vision of the bill to profit about $100,000, I am told the sta.t ement that he had better ta.ke this bill as it is, be.·le by the Senator from Indiana [Mr. MORTO.Y] upon lantic coast, except so far as the commerce of one State may be the fignres which I gave him. I propose now to show the correctness greater than that of another. of that proposition. On page 1 $18,000 wa8 stricken out for Dun- Mr. THURMAN. May I intenupt the Senator to ask what is the kirk; on page 2 $6,000 was ~:;tricken out for Olcott; on page 2 $5,000 quest.i on under consideration T was stricken out for tbe improvement of the harbor at Pultneyville, Mr. CONKLING. The pending question is on concurring in the New York; on page 2$5,000 was stricken out for the improvement of amemlments made as in Committee of the Whole, and I am speaking the harbor at Great Sodus Ba.y; on page 11 $.!),000 was stricken out to that question. for the improvement of the harbor at Waddington, New York; and Mr. THURMAN. But on what p!.rticular amendment' on page 11 $15,000 was stricken out l'or the improvement of Harlem Mr. CONXLING. · I am speaking on all of them now. They are all River. That makes a decrease of $S4,000. On pa.ge 1$10,000 is added pending in gro&~. for Buffalo; on page 2 $3,000 is added for Oak Orchard; on page 2 Mr. EDMUNDS. They a.'ro not yet separated. $90,000 is added for East River and Hell Ga.t.e aml on page 11 $20,000 Mr. CONKLING. The rocks at Hell Gate are hidden rocks lying is added for Oswego; and on the same page $41,000 is added for the in an arm of the sea, in a great strait, which strait I want to remind Hudson River, in New York, making a total of $164,000; and when the Sena-tor from Ohio when it is cleared will shorten the trip of sea- you deduct $54,000 of decrea-se from tha.t, you leave a square increase going vessels to Europe three hundred miles. of $110,000. It will not do for the distinguished Senator from New Mr. THURMAN. My dear friend from NewYork,I beg now to say York to nod his ambrosial locks in this direction and say that the that I am for Hell Gate all the time. [Laughter.] appropriation for Hell Gate iB not in the State of New York. It is Mr. CONKLING. I know there is a certain affinity between the an appropriation to be expended in the improvement of that place, gate of hell and the Senator from Ohio. [Laughter.] I was not and the State of New York derives the benefit from it. It may be arguing to dispute that proposition; but spealring of t.h is particular that ultimate benefits will be derived by other States and other com- Hell Gate, I object to its being located, in the sense of a work local munities; but the benefit is given directly to the State of New York. in cha.racter, in the Sta.t eof New York and charged to her account in I think the assertion which was made by the Senator from Indiana the river and harbor bill; and therefore I am observing that all the is true, that the appropria.tions were increased by the Senate com- vessels which traverse Long le-land Sound are exposed to the danger mitt-ee $110,000, a.ad that New York reaps the benefit of tha.t amount. of these rocks. Therefore I am observing that these rocks lie at the Mr. CONKLING. My honorable friend, the Senator from the great- bottom of an arm of the sea, of a great strait of na,tional commerce, est State in the Union, and the brightest star in the radiant galaxy in no sense applicable to this bill and in no other sense known among o.f States, if that was hl.s description, has been perhaps imperfectly men loc31 in the State of New York. And now I say t.ha.t dismissing heard :tll over the Chamber, and therefore I ·beg to repeat first his Hell Ga·te the committee in its last revision has stricken down the statement that $110,000 has been added for the State of New York, appropriations for the State of New York $85,000-and I say it be- and he makes it up by including this item "for the improvement of cause I repeat that in my absence the other da.y it was intimated the Hudson River, New York, $'25.000." It now stands $66,000, and that in ~he harmony of this bill it had come to pass that $100,000 ha.d be says th~t is an addition of $41,000. Let me show him how plain been added to the benefits which the State of New York would have a tale will put him down. If he will turn over to page 17 he will enjoyed under the original bill. I wish to correct that statement, find that there stood- and to say thll.t this $85,000 taken from the bill has not been wit·h- For dredging Hudson River in front of Jersey City t25,000. drawn from creeks, from rivers subject to the police power of the State o.f New York, and belonging to it, bot withdrawn from great That was stricken out. In other words, that appropriation and the barbo~a on inland seas, thereby meaning Lake Erie and Lake Onta- other appropriaiiion wa,s lumped; and now, if my friend will take his rio. The harbor of Dunkirk, the terminus of the Erie Railway, ha,s pencil and deduct $25,000 from$41,000, he will find that he bas fallen been striken out altogether, so that not a penny remains for it. So into one error. When the honorable Senator comes to prove as a geo- for four harbors on Lake Ontario, the shores of which a.re bo1d, the graphical and commercia.! fact that Hell Gate is local to the State of billows of which are stormy, the coast of which is little indented, New York, the demonstration is so plain that I have not.bing to say the harbors of which are few and far between, all appropriation about it. It is like the seventh proposition of Euclid which has been has been stricken from the bill. When I state these facts the Senate cafled the pont which we beard so much yesterda.y and something to-day. to say that I sha.ll feei at liberty t_9 movo t.() reconsider the action of Harmony in any sense of the word is a, good thing to have about the tho Senate, if the Senate concurs in the amendments of the committee house. In this connection I t.h ink the word is used in a musical sense. striking out New York a.nd then overrules them touching other Stv.tes. This bill is legislation set to music ; and I have no disposition to dis- Mr. THURMAN. Mr. President, when I wa8 a very young boy turb it, as I have said. I think it is a little too much neglected in my mother put into my hand Knickerbocker's History of New York, this utilitarian age. I know of a poet. who is skeptical about "the and I read in it the adventures of those who went up and met with music of the spheres" because he never heard it ; but the harmony grent misfortunes at what was then ca.Ued Hurl Gate, but is now of this bill is audible, I think, to the dullest ears, and I only desire called Hell Gate, and ever since that time I have longed for and de- to add if possible to the harmony of t.he bill by res~.oring the key- sired to vote for an improvement of that strait. I therefore fully note of the symphony; and that I deem to be the little improvement sympathize with the Senat.or from New York, v.nd am willing to vote provided for in this item. for almost any sum to improve Hell Gate, or Hurl Gate, or whatever This is for an improvement on the Missouri ~-liver between the is its proper name; and I agree with him tba,t to talk of that stra.it States of Kansas and Missouri-two of the best States in the Union- 5120 CONGR.ESSIONA.L RECORD-SENATE. AUGUST 3, o.nd the impro~rement is upon the greatest river on the continent in -Mr. EDMUNDS. Has there been public money spent on this sec- the middle of its course. It is an improvement necessary to prevent tion of the river before' the destruction of navigation ~on that river; to prevent the de- Mr. ALLISON. No, sir. struction of the city of Saint Joseph on the Missouri River, and to Mr. EDMUNDS. This a.p pears to mo to be entirely outside. prevent the destruction of the uavigation of the river by the disper- Mr. ALLISON. My frien~ from Virginia reminds mo that this sion of tho waters over n. great space of ground on the Kansas side 2,000 is to remove certain obstructions in the Upper Cumberl::tncl by which will so shallow the stream as to make a permanent and in- which the people can 1·each the coal-mines situated at the falls. superable obstacle to navigation. The navigation of this river is of lt:lr. WITHERS. There are large deposits of coal which are located great use to thew hole couutry. It is of prcsentimmediate use in trans- just above the fa.lls, and the object is to remove these obstructions so porting line of appropriations. And from Smith's Shoals to the Falls of t.he Cumberland, i2,000. Mr. ALLISON. The Clerk will read just what is said by the en- Mr. EDMUNDS. I wish to ask my honored friend in charge of the gineer in the report I send to the desk: bill to explain this business about "Smith's Shoals to the Falls of the Th~ Clerk read as follows : Cumberland," what it is, who recommends it, &c. Should the cost of extending tho existing slack-wat~r system be considered too Mr. ALLISON. I will do so with great pleasure. This Cumber- ~reat, it might be considered proper to appropri.1to a. small sum for the removal of land River extends through the States of Tennessee and Kentucky, tho Beaver Rocks and the rock in Nailor Bend, and fo1· clearing out the snags ancl and tho people living aloug the river and in its neighbor~ood have fa~n trees. For this w-ork 1 would estimate as follows: no railway facilities whateve1·, and from information receiw'd by the Removal of Reaver and K ail or llend Rocks: committee we were satisfied that the expenditure of a small sum of Fivo hundred and fifty yards rock excavation, at 94----- ____ • ___ .--- -- _.--. $2, 200 Three months' snagging, at $1,700 per month. __ .. --. ___ ------_.------_-_--- 5,100 money here would be of very grea.t benefit to the people living along this st1·eam in securing them a method of transportation for their 7,300 crops. Mr. ALLISON. That is just the amount appropriated. 1\fr. EDMUNDS. Where do they carry them f Mr. EDMTmDS. That is all it might be considered proper to give Mr. ALLISON. All along down the Cumberland River. for two or three months' snagging. Mr. ED.l\WNDS. Is there a recommendation of the engineers for The amendment was concurrecl in; there bei-ng on a division-ayes tbisf 30, noes 10. Mr. ALLISON. No, sir; there is no recommendation of the engi- The PRESIDENT pro tempm·e. The amendment reserved by the neers, I believe, for this particular expenditure. There is a recom- Senator from Kentucky [Mr. McCREERY] will be reported. mendation for the general improvement of t.bi.s river from Nashville The CmEl!' CLERK. In line 160 the Seuate, acting as iu Committe~ to the falls of the Cumberland. · of the Whole, struck out "300" an<.l inserted '' 270 ;"so as to read: 1876. CONGRESSIONAL REOORD-SENATE. 5121 For the improvement of the Great Kanawha R:iver, West Virginia, including the The PRESIDENT pro tempot·e. The question is on concurring in purchase of sites for dams and locks, not exceeding $15,000, $270,000. the amendment in line 160, made as in Committee of the Whole. Mr. McCREERY. Mr. President, I wish to submit a propositio;11, the The amendment was concurred in. modest merit of which will commend it to the favorable considera- The PRESIDENT pro tempore. All the amendments of the com- tion of the Senate if it is understood. My proposition will not in- mittee have been concurred in. The bill is st·i ll open to amendment. crease the appropriation a siogle ~ent. I move to reduce the appro- Mr. EDMUNDS. I offer an amendment. I move to strike out all priation for the Great Kanawha R1ver from $270,000 to $250,000, ~nd, after the enacting clause of the bill and insert: if I am sucN~ssful in this, I shall ask the Senate to approprmte That the sum of $3,000,000 is he~by approprlated,_to be expended for the repair $20 000 for the improvement of Big Sandy River, the boundary line and preservation of works for the Improvement of rivers and harbors und er the bet~een Kentucky and West Virginia, so it will be observed that direction of the Secretary of War: Provided, That the Secretary of War is h~reby nothing is added to the ex-penditure. authorized to cause such expenditures to be made so as best to subserve .the mt~r­ ests of commerce; and he is required to report to 'Congres~ ~t the ope?mg of 1ts Mr. MERRIMON. Where was the appropriation for the Big Sandy December session all the expenditures made under the proV1810ns of this act up to stricken out in the bill 7 that time in detail. Mr. McCREERY. On page 14, lin~s 322 and 323. ~e regio.n lyi~g In support of this amendment I only have a single word to ~ay. contiguous to the Big Sandy River 1s :probably as r~ch or ncher m The Treasury is deficient in money. The commerc~ of the U~nted mineral resources than any other portion of the Umted States. .Its States has gone on without the sum of mone,;v that 18 app.ropr:tated p1·oducts are salt, coal, and iron, and the safe and easy transportation the bill for a great many y~ars. If the~e 1s any ~me ob.Ject. rn ~·e­ of these articles is not only a matter of importa;11ce to the people in spect of which we can econonnze safely, Without clomg essenttal It?-- alona that river, but would be equally beneficial to the people justice to anybody it is not to launch out into these works at this thro~ghout the West and Southwest. I .do not propose at. this .late time. My amen~ent propose.s to appropriate ~,000,000 ~or the pres hour io consume the time of the Senate m argument on this subJect, ervation and repair of all that we have and gives nothing for n~w but any man who is n,cquainted with these water-courses or any man works. Explaining it in that way, I ask for the yeas and nays on ita who will take the trouble to look at a map will hardly fail to ac- adoption. knowledge that the Big Sandy is entitled to as much as the Great The yeas and nays were ordered. Kanawha. Mr. COCKRELL. I am practically in favor of reform andretr~nch­ Mr. EDMUNDS. Isitjust as large on them<~o;f ment and I should like exceedingly to see the amount appropriated Mr. McCREERY. It is about as large on the map and about the for ri ~era and harbors this year brought within the limits of $4,000,000. same size when you come to see it. . I think that would be enough. I would not object to the amount Mr. WITHERS. 0, no. fixed by the Senator from Vermont, but I cannot vote for the manner Mr. McCREERY. Yes, sir; thatismyopiuion,andiha:vesee_n them in which it is to be expended. I think that the Senat-e with its com- both. I will not contend, however, as to the relative drmens~ons of mittees is just as competent to decide where and in what sum this these rivers but I do claim that if the Great Kanawha is entitled to amount shall be expended as the Department ~o which it is prop?sed a quarter~ a million the Big Sandy should have as much as $20,000. to intrust it. While I am in favor of reducmg the present bill, I It is so absurd and preposterous to grant these large.amounts to the hope when the bill has reached its final stage and is in such a condi- former and to deny anything to the latter that the mere statement tion that the amounts rdon, Harvey, Howe, Jones of out day on Monday next, August7, A. D.1876, at twelve o'clock noon; Florida., Kelly, Kernan, Key, McCreery, McMillan, Maxey, Merriman, N orwoordon, Harvey, money appropriated by it ra;nging from 10 to as many thousand and Howe, Kelly, Key, McMillan, Maxey, Merriman, Mitcbtill. Norwood, Oglesby, Pad- more. They are poor, needy parties. If they are.to have this money dock, Patterson, Randolph, Ransom, Sa.J.-gent, Thurman, West, Windom, Withers, it ought to be given to them and the matter ought to be decided. I andWrigh~. NAYS--Messrs. Cockrell, Conkling, Eaton, Edmunds, Hamlin, Hitchcock, Jones do not wish to antagonize any bill, but I esteem it my duty to appeal of Florida, Logan, McCreery, Morrilf, and Wadlei§!h-11. to the Senate to ~ivo this bill an opportunity. We can pass the bill ABSENT-Messrs. Alcorn, Anthony, Barnum, Bo~, Broce, Burnside, Cameron in my judgment m fifteen minutes i.f we take it np. I am certain we of Pennsylvania, Clayton, Conover. Cragin, Dorsey~ Goldthwaitbe1 Hamilton, In can pass it in that time unless the reading of it is asked for. Thero galls, Johnston, Jones of Nevada. Kernan, McDonru.d, Mort~n, Rooertson; Sauls- bury, Sharon, Sherman, Spencer, Stevenson, Wallace, and Whyte-27. are but two or three amendments to the bill. I now appeal to the So the bill was pa-ssed. Senate to p;ive me an opportunity to take up this bill. M:r. CONKLING. I suggest to the Senator to take it up after the MESSAGE FROM THE HOUSE. post-route bill is out of the way. .. A message from the House of Representatives, by Mr. G. M. A.DA.?tt:s, Mr. LOGAN. I am very certain that all of the bills the Senators its Clerk, announced that the House had passed the bill (S. No. 866) desire to have taken up are very important bills, but I think I am in tp remove the -political disabilities of 'l'homas H. Williams, of Mary- charge of one that is equally as important, and I want to know be- 'l and. fore the Senate adjourns this session whether there is a majority of i The message also announced that the House had passed a concur- the Senate in favor of it or not I have always found a majority in ·r ent resolution for the adjournment of both Houses of Congress with- favor of it when there was no chance to take it up. Every time there 1876. CONGRESSIONAL RECORD-HOUSE. 5123 is n. majority for it wherr i~ cannot be taken up, and I want to know That while the investi~ation contemplated under that resolution was in progress whether there will be a majority when it can be taken up or not. It it was developed that one .Josiah Caldwell had made certain statements to parties as t-o the subject-matter of that inquiry. These-statements were offered in evirlence is House bill No. 58. The Senator from Ohio [Mr. THURMAN] says he before the committee, but they were exclmlcrl unon tho grounds, first, that they has a bill which will save several millions of dollars. The Senator were irrelevant to the suQ.ject-matter of the Tarbox resolution and, second, that from Iowa [Mr. WRIGHT] has a bill which will pay some poor people Caldwell was in Europe and therefore beyond the re..1.ch of the process of this House. some monev. I hope they will get it if they deserve it. I have a biU Unrler these circumstances it was determined by tho comnutteo that a teleg;.-am should be sent by the chairman to Caldwell, asking him to appear before the com- here to pay the soldiers of this country a debt that the Government mittee to testify' owes them and has owed them for fourteen years. I want to know, .After the action of the.committeo, and before any communication had been had after this bill has passed the· Honse five times and the Senate once, with Caldwell, a telegram purporting to come fi'Om him was delivered to tho chair- whether the Senate is now going to pay them a debt that the Gov- man, as follows: "Have just read inNew York papers Scott's evidence about our bond tr::mRaetion ernment owes, which it can be demonstrated it owes. I ask that and can fully corroborate it. I never gave lllaine any l<'ort Smith bonrls, directly House bill No. 58 be taken up. I propose whenever the bill moved or otherwise. I have three foreign railway contracts on my hands, which makes it by the Senator from Maine is taken up to move to lay it aside in order imJ??SSible for me to leave without great pecuniary loss ot· would gla{llv, volun- tmly come home and so testify. Can make affidavit to this e.lfect and inail it if to take up the bill I have named. desifetl." POST-ROUTE BILL. The resolution referred to your committee in substance demands that this tele- p-am be made part of the testimony taken by the subcommittee engaged in the The PRESIDE~T pro te111pore. The question is on the motion of mvestigation under the Tarbox resolution. the Senator from Maine to take up the bill (H. R. No. 3628) estab- H this demand is to be complied with, it must be upon the ground that such tel. lishing post-roads, on which the yeas and na.ys have been ordered. egram is competent eviuence in t.bis investig-ation; for otherwise the proposition The question being taken by yeas and nays, resulted-yeas 30, nays would be that incompetent testimony might be introduced to establish facts before a tribunal constituted by this House. 9; as follows : The sole question in this view of the case is, is this telegram competent evi- YEAS-Messrs. Allison, Bayard, Can1eron of Wisconsin, Coch--rell, Conkling• dence~ Cooper, Cragin, Davis, Dennis, Eaton, Ferry, Frelinghuysen, Gordon, Hamlin, Hitch· It is impossible to conceive upon wh.'\t ground such a proposition can be. main- cock, Howe, Jones of Florida, Kelly, Kernan, Key, Maxey, Merrimon, Mitchell, t.'lin<'d. · Norwoorl, Paddock, Patterson, Randolph, West, Windom, and Wither~O. In the first place, with the concession tha.t the telegram c:tme from Mr. Caldwell, NAYS-Messrs. Booth, Christiancy, Harvey, Logan, McCreery, Oglesby, Sargent, its statements cannot be received as evidence, bee:~ uso not rua.de under oath. It Thurman, and Wright-9 · would be singular. indeed, if in an investigation where witnesses actnallylt·escnt ABSENT-Messrs . .Alcorn, Anthony, Barnum, Bogy, Boutwell, Brnce, Burnside, before the committee are required to be sworn, the unsworn statements o an ab- 1 Cameron of Pennsylvania, Clayton, Conover, Dawes, Dorsey, Edmundil,Goldthwaite, sent person shoulu bo admitted as testimony. Such a rule would make too uncer- Hamilton, In~alls, .Johnston, Jones of Nevada, McDonald, McMillan, Morrill, Mor- tain proceedma:s before an investigating committee, proceedings which require ton, r.ansom, Robertson, Saulsbury, Sharon, Sherman, Spencer, Stevenson, Wad- limit and definiteness rather than wirler latitude. leigh, Wallace, and Whyte-32. But in the l!e.cond place, wl1en the tele!!l'alll was received by the chairman, there was not the slightest evidence that it hail: been sent by Mr. Crud well. As it stood So the motion was agreed to. then, it simply ll·p peared that a message with Mr. Caldwell's name subscribed to it The PRESIDENT p1·o tempore. The bill is before the Senate. had been delivered to tho chainuan of the committee. Mr. SARGENT. I move that the Senate now adjourn. But no one will pretend that this est.'l.blishes the fact that Mr. Caldwell sent the Mr. LOGAN. Will the Sen atot· withdraw his motion for a moment T messa~re. In every case, when tho contents of a. telegram are to bo proven., or its authenticity is t!> be established, the origin:tl message written by the sender must be Mr. SARGENT. For what purpose! produced. It IS true, that secondar,y cvulence may be admitted, but then, •only Mr. LOGAN. I wish t9 make a motion in reference to adjourn- after such proof of t.bo loss or destruction of the original as is required to make ment. such evidence admissible in other cases. Mr. SARGENT. I do not wish to withdraw the motion to take up In Matteson vs. Noyes, 25 lllinois, page 59, it is said : "The paper filed atthcofficefrom which the message is sent is of course the orig- anv other business. inal, and that which is received by the person to whom it was sent purports to be Mr. LOGAN. I am not going to offer to take up any other busi- a copy. H the dispatch is soup:ht to be used in evidence the original must be pro ness. I said I would move to lay aside the post-route bill after it was duced and its execution proved precisely as any other instrument or its a.bsence up and substitute House bill No. 58. a..ccounted for in the same modo before the copy can be received. " The same doctrine is maintained in Williams vs. Buckell, 37 Mississ'ppi, 682; Mr. SARGENT. Then I insist on my motion to adjourn. Durkeo vs. The Vermont Central Railroad Company, 29 Vermont, 59; and Howley Mr. LOGAN. If the Senator will hear me, I say I will not offer that vs. Whipple, 48 New Hampshire, 4tl7. . now, but I want to offer a motion in reference to adjournment. I In the third place it may be said that, while the messnge received is not evidence yet its receipt gave rise to a presumption want to move that when the Senate adjourns it be to meet at twelve . that its contents are his statements. As to this it may be remarked that it hadand that it was sent by Mr. Caldwell al- o'clock to-morrow. re:tdy been dr.cided by the Judiciary Cnmmittee, in this very investigation, that Mr. SARGENT. I withdraw the motion for that purpose. statements made by Mr. Caldwell to others who were present before the commit- Mr. LOGAN. I move that when the Senate adjourns it be to meet tee to testifv as to them were not admissible in evidence. The rule esroblished by the committee, by that action, seems decisive of the present question. for the same at twelve o'clock to-morrow. reasons which, required the rejection of the oral statements of Mr. Cahhvell should The motion was agreed to. . · ' exclude his written st'l.temenb:, and certainly such st:ttements as are containetl in Mr. SARGENT. I now renew my motion that the Senate adjonm. wh.'lt is only a copy of his writin.~. But it bas been repeatedly decitled that a cupy The motion waa agreed to; and (at six o'clock and thirty-five min- New of IJ, message raises no pre. the chairman of the committee, and that all communi- cations with or from Caldwell in reference to such subject were in the hands of the of his own political household. In every instance they have origi- chairman, to be used accordin~ to his discretion in accomplishing the object of the nated with members of his own party organization. In proof of this committee, and that no just complaint can be made of any use of such communica- I need not trouble the House by referring to the numerous dama!!ina tions, providing the disc.rotion were fairly and reasonably exercised. Your committee would further report that they are satisfied from all the circum- articles and letters which from time to time appe:1red in some th~ ot stances that the chairman in withholding the dispatch from the committee acted newspapers of his own party connecting his name in no very reputa- in good faith and without any t•nrpo e to nuure any person involved in the inves- ble manner with various railroad corporations, and which he sono-ht to tigation, and would recommend that the fnrlher consideration of the resolution be connt;ervail by repeatedly rising to personal explanations upo~ this inuefinitely postponed. floor mstead of promptly and defiantly demanding an investigation Mr. HURD. I move the previous questio:c upon the adoption of as he did on the occasion of the memorable Credit Mobilier scandaL this report. I will merely call attention to the following article which :1ppeared The previous question was seconded and the main question ordered. in the Cincinnati Gazette, a leading and influential republican news- Mr. HURD. I now yield to the gentleman from Kentucky, [Mr. paper, on the 27th of April; and I do so because it has a direct and KNo'IT,] the chairman of the Committee on th~ Judiciary, who de- immediate connection with the matter in hand: sires to make a statement to the House. CINCINNATI, .April 26. Mr. KNOTT. Mr. Speaker, satisfied, so far as I was personally, with The Gazette to-morrow morning will publish an interview with Mr. John C. S. th.e unanimous report of the Committee on the Judiciary which has Harrison, of Indianapolis. Mr. Harrison makes the following statement: At the just been read, completely exoneratin~ me from any suspicion, either September (1872) meetinu of the board of directors of the Union Pacific Railroad at which I was present, the president of the board, Mr. Horace F. Clark called th~ of a mistake in judgment or of having oeen actuated by any unworthy attention of the directors to a. letter from the president of the Fort Smith anll Little motive in relation to the matter reported upon, I had determined not Rock Land Grant Railroad with referl:'nce to some b'mda of that road ht>ld by the to tax the patience of the House with a single word of my own until Union Pacific company. Desiring to know something more about these bonds I my attention was called to the following paragraph in a. recent iasne ma(le a motion to appoint a comnnttee of three to investigate and report before the I!Aljonrnment of the board as to how they came into its-possession, and all matters of the Philadelphia North American : connected therewith. Thereupon E. H. Rollins, the secretary took me to one side ancl Josiah Caldwell bas written a letter to the wife of General Sherman reiterating told nie that I must withdraw that motion for an investigation of the bond transaction his entire procedure in the matter of his previous correspondence concerning Mr. as it wonlll involve James G. Blaine. He said the fall elections were near at band Blaine's connection with the Fort Smith Railroad bonds. Re-asserting the valid- and Blaine was a candidate for re-election to Congress in Maine. An exposure of the ity of the dispatch purposely and infamously suppressed by Mr. PtlOCTOR .KNOTT, transn.ctionjtist at that time would be sure to defeat him . With that I withdrew the this letter will freshly awaken the contempt of the conn try for a man who hold· motion. Snbse9.uently I took J. H. MiHar(l, of Omaha, who was and still remains ing one of the highest poaitions in Congress could so debase himself aa to seek to a Government director, to Mr. Rollins, and in his presence asked Rollins if I onder- conceal positive evidence of the innocence of a political foe. Mr. lL'iOTr and his stood him correctly in relation to the bond transaction involving Mr. Blaine. He allies succeeded in keepin_g Mr. Blaine from the Presidency, but KNOTT at leaat rept~ated that I did, and that an investigation '\vould be anre to kill off Mr. Blaine covered himself with inenaceable dishonor. at ~e appro.aching e~ection. Aft~rward, wh~n th~ investig-ating committee of which Jeremmh M. Wilson was ch:nrman wasm sessiOn, and E. H. Rollins was on Since I have seen the utter and inexcusable ignorance or palpable the stand, I telegraphe(l Wilson to ask the witness certain questions conce1·ning disregard of the facts as well as the unprovoked mali~ity displayed the Fort Smith and Little Rock bonds, but in noticing the daily reports of the com- in this and similar paragraphs in other papers, I feel Impelled by.an mittee aft~rward I saw that no such questions were asked. On the 3d of Febru- ary, 1873, I wrote to Wilson, ~hairman of the committee, more fully about the mat- inexorable sense of duty to myself as well as to certain other gentle- ter, detailing the·facts that I have j nat stated, but I di(l not mention Blaine's name. men of the committee of which I have the honor to be chairman to I stated that the transaction implicated a prominent member of the republican ask the attention of the Honse to a few remarks in relation to the party. That letter was copied into my regular letter-book at Indianapolis, and subject under present conE!ideration. I do so, however, sir, under the can be referred to at any time. I never received any answer to the letter to Wil- son, but O'll the 26th of February, just twenty-three days later, Mr. Delano, Secre- I most painful feeling of embarrassment. It is always extremely dis- tary of the Interior, wrote a letter to a proiDIDent republican official, saying it was tasteful to me to be compelled to allude to myself in any manner or deemed best on the part of the Government to change the entire board of directors under any circumstances whatever, and it is peculiarly so at this of the Union Paciftc Railroad, and that he therefore proposed to appoint some one time. Especially in the absence of the late member from Maine, from Indiana in the place of J. S. C. Harrison. This proposition of Delano met with such strong opposition that it was abandoned and none of the directors were [l\Ir. Blaine, 1 who for the promotion of his own personal ends, and, removed. We were engaged at that time in making an active fil!ht a11:ainst the as I shall always believe, with a full knowledge of all the facts, Wyoming Coal Company, which was swindling the United States out of i-100,000 or found it necessary to make upon this floor the unjustifiable and dis- $600,000 a year. H the committee want that letter of Delano's they can find a. copy of it in the ingenuous imputations eml>odied in the resolution which has given Interior Department. Bear in mind that this action on my part as a Government occasion for the report just submitted. Notwithstanding the errone- ous impreasions with which the public mind was filled by the sublime director, and the correspondence to which I have referred, and the effort on the part of Secretary Del:mo to have me removed from the board of directors occurred J piece of acting exhibited by the late member from Maine when this in 1872, and early in 1873, ,just about the time of the re-election of President Grant, and when neither Mr. Blaine nor any other man was spoken of in connection with matter was for the first time and so theatrically brought to the at- the Presidency of 1876. It is therefore lm.reasonable to suppose that anybody at tention of the Honse and the country; notwithstanding the floods that stage of the proceedings was interested in defeatinrr Mr. Blaine's presidential of calumny and vituperation which were poured out upon me by the aspirations. This whole Little Rock bond matter would"have been investi aated by press of his party, and which from the paragraph I have just read it the United States court at the time but for the killing off of the Credit ~obilier snits. I showed to Mr. Jenks, the Government's special attorney, who, with three seems have not yet subsided; conscious of the correctness of my own others, waa charged with investigating the affair, this order of the executive com- I judgment and of the rectitude of my own intentions ; conscious that mittee: I had done nothing more nor less than my simple duty; conscious "NEW YORK, Decembe:r 16, 1871. that I had done precisely what I ought to have done and what I "Ordtred, That Morton, Bliss & Co. be authorized to draw on the treasurer of would do again under similar circumstances, I waited long and pa- this company for $64,000 payable at forty days from date, and hold as collateral security for the company seventy-five land-grant bonds of the LittleRock and Fort tiently for his re-appearance upon this floor before opening my lips in Smith ll.ailroad Company's bonds, $1,000 each." my own vindication to be disappointed at laBt by the aunou:;wement He made a copy of It in my J?resence and would have entered snit upon it at once of his resignation ; for, sir, I had many things to say concerning his had not all these Credit Mobilier snits failed in the courts, being ruled out on de- connection with this matter which I was anxious to say in his hear- murrer. In conclusion I have to sa;v. that I am ready and willing at any time to go before the Judiciary Committee of the Honse and make oath to the facts in this ing here upon this fioor, face to face and eye to eye, where he could statement. have the amplest possible opportunity to be heard in reply, but which 1 I could not and cannot now afford to say in his absence. After this article had appeared and been extensively copied in the But, sir, he is not here. It is said that the hand of God is upon newspapers throughout the country, the gentleman from Massachu- him; that he is sick; that he has found it necessary for the recuper- setts [Mr. TARBOX] submitted the following resolution, which was ation of his overtaxed and shattered energies, physical as well .as agreed to: mental, to abandon the arena in which he had so frequently dis- Whereas it is publicly alleged, and is not denied by the officers of the Union Pa- played the most marvelous skill as a parliamentary gladiator before cific Railroad Company, that tbat corporation did, in the year 1871 or 1872, become the owner of certain bonlls of the Little Rock and Fort Smith Railroad Company, for vindicating his personal and political integrity, which had been so which bonds the said Union Pacific Railroad Company paid a. consideration largely fiercely assailed by members of his own political party. in excess of their actual or market value, and that the board of directors of said However that may be, it is entirely immaterial to what I now pro- Union Pacific Railroad Company, though urged, have neglected to investigate said pose to say. Whether he be really affiicted either in body or mind transaction : Therefore · Be it Tesolvect, That the Committee on the Judici!J.ry be instructed to inquire if or only simulating disease ; whether he has been actually prostrated any such transaction took place, and, if so, what were the circumstances and in- by a protracted attack of " brain fag" or has been merely playing ducements thereto, from what porson or persons said bonds were obtained and upou the part of the "old soldier" in order to postpone investigation until what consideration, and whether the transaction was from corrupt design or in fur- the popular interest in his personal concerns shall have somewhat therance of any COITupt object; and that the committtee have power to send for persons and papers. abated, I do not -k now or pretend to know. I only know he is not here and does not intend to be. I ·shall therefore allude to him only This resolution was adopted on the 2d of May, and at once referred so far a..s may be absolutely necessary to a proper understanding of to a r:mbcommittee consisting of the gentleman from Virginia, [Mr. the simple statement of facts which I propose at this time to submit HUNTON,] the gentleman from North Carolina, [Mr. AsHE,] and the solely for my own vindication upon the face of the record, in which gentleman from Ohio, [Mr. LAWRENCE,] which had been appointed my reputation for integrity and fairness has been wantonly and cause- some time previously to investigate the transactions of the various lessly a~a.iled. Pacific railroad companies as required by a resolution introduced by • 1876~ CONGRESSIONAL RECORD-HOUSE~ 5125 the gentl-eman from California [Mr. LUTTRELL] and agreed to Janu- But what those extraordinary ervices were, what he did during the ary 31. first nine months of his term as president o.f the company to entitle This subcommittee was selected, as I have stated on a former occa- him to any sum, from fifteen to twenty-two thousand dollars, over sion, without the slightest reference to Mr. Blaine whatever, and long and above his regular :fixed salary be did not explain. He did say, before I had an intimation, or a suspicion even, that he would turn however, that he got the bonds from Josiah Caldwell and paid him out to be " the man under the hay," or that the proposed investiga- eighty cents on the dollar for them, and t.hat he sold them to the tion into the condition and transactions of those corporations would company at the same price, and that he bad no knowledge or belief disclose anything affecting his reputation in the lea-st possible degre8. that Mr. Blaine wa-s connected with them in any manner whatever, The gentlemen composing that subcommittee proceeded at once and '' 80 ja1· as h~ (Scott's) connection with the transaction was concerned." in good faith to the inquiry committed to them with the honest in- Now, sir, whether Colonel Scott knew anything about it or not, it tention of concluding the investigation so far a-s Mr. Blaine might be was perfectly manifest that, if Mr. Blaine really had any connection involved in it if possible before the meeting of the republican con- with these bonds or was in any m anner interested in or benefited vention at Cincinnati, before which it was understood he would be a by the transaction, Josiah Caldwell could explain it if he would; prominent candidate for the presidential nomination. ~nd it so happened that several witnesses bad been summoned, who Among the numerous witnesses summoned was Mr. John C. S. Har- it was understood had repeatedly beard Mr. Caldwell make state- rison, of Indianapolis, who was sworn and examined on the 15th of ments with reference perhaps to that very point. Among them was May, and who reitern.ted upon his oath in the most unequivQcal and Mr. John McClure, of Arkansas, who was sworn and stated that all emphatic manner the statements I have already read from the Cin- he knew with regard to the possession of the $75,000 in the bonds of tho cinnati Gazette, accompanied by a solemn asseveration of the kimlest Little Rock and Fort Smith Railroad Company by the Union Pacific possible feeling toward Mr. Blaine and an earnestly expressed hope Railroad Company he got from Mr. Caldwell. Objection having been that he would come out of the investigation, to use his own language, made, however, on the part of Mr. Blaine, to any evidence of the "clear and bright/' . statements of .Mr. Caldwell, because among-otherreasons it would be This, as a natural matter of course led at once to the necesstty of but hearsay, the point was submitted to the full committee and the calling Mr. E. A. Rollins, the secretary and treasurer of the Union objection sustained, on the ground that Mr. Caldwell was beyond Pacific Railroad Company, a prominent citizen of New Hampshire, the reach of the process of the House, and, as such evidence could an- and at present the Senator-elect from that State. Whether this witness swer no other purpose than to indicate what might possibly be proven was himself suffering from a recent attack of" brain fag," or was by him, it would be unnecessary if not unjust to Mr. Blaine to tako it afflicted with that sudden and convenient dereliction of memory unless there was some rea-sonable assurance that Caldwell's presence which frequently characterizes the average congressional witness, or could be procured. It was thereupon moved by some member of the whether he was simply endeavoring to tax the patience or test the committee that a dispatch should be sent to Mr. Caldwell in Europe ingenuity of the gentlemen who were examining him, I will not un- simply asking if he would appear and testify. But that proposition dertake to determine; but I will say, sir, that no unprejudiced mind, was earnestly and strenuously resisted on behalf of Mr. Blaine on the I care not what may be the cast of its political convictions, can read .alleged ground that Caldwell would not appear even if dispatched the record of his testimony without feeling fully satisfied that he con- for in the manner indicated. The force of that objection I have never sidered himself under no legal obligation to remember anything that been able to appreciate. It seemed to me that of all men in the could not be proven by some other witness. And I will say, more- world Mr. Blaine should have been the very one to demand that·Cald- over, that nothing could more closely resemble the tedious and painful well should be called to testify and his attendance procured if possi- process of extracting from hU. what little he did seo proper to remem- ble. If be was innocent he must have known that the evidence of ber than the unsatisfactory and vexatious operation of twisting a Caldwell would vindicate instead of convicting him, even if he should "possum" out of a hollow log. consent to come; and on the other hand, if be should refuse to come, The delivery of his testimony afforded a beautiful example of what that would be the end of it, and be would occupy the attitude of the doctors would call "a breech presentation," and the accouchement challenging instead of resisting the production of any testimony was consequently a very protracted as well a-s an exceedingly delicate against him whatever, even if it had to be procured by the most ex- undertaking. Read his testimony, sir, and you will be convinced traordinary means. The objection prevailed, however, and the mo- that the hundred eyes of Argus never watched the "Golden Fleece" tion was lost, I believe, by one vot~. more vigilantly than this doubled-and-twisted railroad official was But, sir, viewed in the light of subsequent developments, there disposed to guard the interests of his company. With regard to the may have been some r~asou why Mr. Blaine did not desire that Mr. purchase of the bonds in question, he says: Caldwell should be disturbed in the quiet seclusion of his foreign res- If he (Mr. Blaine) had sold the bonds to the company I should think it must have idence. On the 25th of May one A. P. Robinson, an old acquaintance been a questionable transaction. I don't know why the company should buy them and intimate friend of 1\Ir. Blaine, was called to the stand and ex- of anybody. It was a transaction that I did not approve. As treasurer of tlie com- amined with relation to his having delivered n. {l::t.ckage of Little Rock pany I felt in duty bound to protect its treasury against all comers, and I did not and Fort Smith bonds to Mr. Blaine from Josiah Caldwell. He ad- want to pay out $64,000 or any other sum of money unless it was absolutely neces· aary. mitted having delivered a package, but denied all knowledge or in- formation from Caldwell or any one else as to its contents. He was Yet, sir, according to his own statement, he patiently and silently asked if he bad not stated to Mr. Curry that the package contained permitted thil;j "questionable transaction" to bang like an incubus twenty Fort Smith and Little Rock Railroad bonds, lmt he positively upon his pious conscience from December 19, 1871, till thC:'I 11th day and emphatically denied that he had made any such statement to of September, 1872, without saying a word about it. He "let con- Mr. Curry or any one else. Well, Mr. Curry was next called, and cealment, like a worm i' the bud, feed on his damask cheek " for swore as positively and emphatically that Robinson had, about five nearly nine long months, and never breathed his disapprobation to weeks before that time, told him that he had carried a package con- mortlll man. On the contrary, as he admits himself, when one of the taining $20,000 in bonds from Caldwell to Blaine; that he (Robinson) Government directors discovered for the first time that the transac- was certain the package contained that much, and it was Robinson's tion-this "questionable transaction"-had taken place, and as in understanding that that was but an installment of the bonds that duty bound moved that it should be inquired into, the honest treas- Blaine was to receive. On these conflicting statements being tele- urer appealed to him to withdraw the motion, that an investigation graphed to the country through the Associated Press, Mrs. Curry would involve Mr. 'Blainet that those ·were Mr. Blaine's bonds, or that sent the following telegram t-o her husband, which was admitted by he had heard they were the bonds of Mr. Blaine. Yet from whom he Mr. Blaine a~ evidence to save the necessity of calling her as a wit- heard it, how he heard it,· when he heard it, or precisely what he did ness: t hear he could not for the life of him recollect. To A. P. CURRY: Notwithstanding all of his "backing and filling," however, his tes-- Have seen yonr testimony aa published in Associated Pre,qs dispatches, anrary abode in some Massachusetts prison. I :was consequently referring to the numbers of the letters-a synopsis containiiJg the points of the let- not appriSed of the obstacles that might lie in the way of procuring ters. I had made that memorandum so as to be able to refer to hero when ques- his return to the land of his nativity, or the possible diffioulty of tioned. He asked me to let him read the letters, and I showed him this statement too. After he had them read bo asked me what I wanted to tlo with those pnpersi· gettin8' the truth out of him if he should come. I accordingly set to if I wanted to use them. I told him I never wanted to nse the papers nor woult work m good faith, and with all proper diligence, to ascertain his not show them to the ·committee unless when I w::Hi called upon t 'l do so. Then he address, in order that I might send him the dispatch as directed. aske7.72 to him in a great popular emergency like that Y He accord- unprejudiced mind to infer. ingly went over to the telegraph office in Philadelphia, and sent the But let us return to Mr. Robinson's dispatch. He says, "telegraph following at three o'clock and fifty-one minutes in the afternoon of Scott, Philadelphia., (as ym£ tmtlifully can,) the strongest indorsement of May31: his statements." Why so solicitous, Mr. Robinson f Why so anx- "To Favo," which turns out to b~ the mellifluous pseudonym of ious T Why so superlative f Would not a mere modest indorsement Mr. Josiah Caldwell. My acq-daintance with foreign la.ngnages is sut'6ce f Why should yot£ ask the "strongest" indorsement of Scott's extremely limited, sir, but I am informed that jaw is the Italian statements f But, sir, observe the parenthetical expression "as ~JOU word for "honey-comb," and I have no doubt that to many a citizen trutllfull.lf can." Pray, Mr. Robinson, how did you know whether of Maine there appears t.o be a beautiful and poetic propriety in this Caldwell could t1"'l tthfully indorse Scott's statements or not f You were delicious nom de plume when they think of the thousands of t.'lteir sworn and examined touching that very point only two days before, hard-earned dollars which went to line the pockets of tho sweet- and what did you say then J" scented Mr. Caldwell throu~h the instrumentali~ of his enterpris- 5128 CONGR.ESSlONAt RECORD--HOUSE. .AUGUST 3, ing bond-broker, Mr. Blaine. Sweet Fa.vo! Thou gushing recepta.- name to Mr. Heber Robinson, the manager of the telegraph office in cle of the luscious treasures extracted from many a modest flower Philadelphia, from which he sent his dispatch 7 Why did bo concen.l by the disinterested and indefatigable Bee! his place of residence when Mr. Robinson's clerk desired to know it 7 Dispatch received. Cable this immediately to chainnan Honse .Judici:1ry Com- If this was a perfectly straight, fair, and honorable transaction surely mittee, Washington: Have just read Scott's evidence abontonrbond transaction no gentleman need to be ashamed of his participat.ion in it. Why in New York newsllapers and can fully corroborate it. I never gave Bl'\ine any then all this mystery 1 If Mr. Caldwell knew nothing damaging to Little Rock bonds, directly or otherwise. Am now building three EuropeanrailroaiU Mr. Blaine w by the necessity of urging him throu 01Yh the media of costly and cannot leave without great pecuniary loss or would gladly voluntarily come homo and so testify. Can make affidavit to this effect and mail it if desired. telegraphic displlotches "to cable nobody but Scott" and not to suffer himself to be interviewed by newspaper men or others 7 If there And straightway the echo answered: was no conspiracy in the ma.tter, directed by one interest.ed and su- CHAIRMA..l'i HousE .JUDICIARY CoiDIITIEE, Wcuhington: perintending genius, how did it happen that so many persons, some Have just read in New York papers Scott's evidence about our bond transaction in Wa.shington, some in Philadelphia, and ot.hers in New York, should and can fully corroborate it. I never gave B1'\ine any Fort Smith Railroad bonds · h 'd · 1 • • 1 h · directly or otherwise. 1 have three forei[]l~ railway contracts on my hands which bo am mated by t e 1 en tiCaL, same mottvo, at preetse y t e 8ame ttme, mak~ it impossible for me to leave without great pecuniary loss or would glacll;r and at that particular time of all others, to effect the very same ob- voluntarily come home and so testify. Can make affidavit to this effect and maiht ject; and that, too, an object in which neither of them could have if desired. .JOSIAH CALDWELL. had as much interest personally a.s they wonld in a diamond mine in the crater of some extinct volcano in the moon ' How excessively ardent and impatient this enthusiastic young pa- But, sir, it is unnecessary for me to dwell further npon the facts I triot was, to be sure. There is no time to be lost. The Judiciary ha e arrayed here. To do so it occurs to me would seem like a pre- Committee is after your address. "Cablo this irmnediately." What meditated insult to the intelligence of this House. They need no marvelous powers of clairvoyance he possessed! As a'' mind-reader'' comment. They speak for themselves. They show to the exclusion the universe never has and never wilJ behold his parallel. Fnr over of a reasonable don bt precisely what I suspected the moment I read the wide waste of waters, fnll three thousand miles away, he knew as tho dispatch purporting to have come from Caldwell, that it was con- infallibly what was hidden away in the innermost chambers of Cald- cocted in this country, telegraphed to London, and echoed back in well's intellect as if he had been his animating spirit. He knew to order that the Judiciary Committee might be made the unwitting in- an everlasting certainty that he had read the New York papers of the strument through which a fraud might be perpetrated upon the 16th. He knew that Caldwell could not only corroborate, bnt "full.'!' House and the country, and that the whole scheme orjginated in the corroborate every statement Scott had made, totheveryla.st dot. He fertile brain of Mr. James G. Blaine. knew that Caldwell never did in his life, at any time or under any Mr. FRYE. Mr. Speaker, I do not know when I have been more circumstances, let Blaine have any Little Rock bonds. He knew that pained than I have been to-day, when my feelings have been so Caldwell was building three European railroads ::md that he would wounded or when in my life I have so suddenly lost a confidence wllich suffer great pecuniary loss if he should leave. He knew that the sole had slowly but surely been builded up. reason which could by any possibility restrain CaldweHfrom rushing An attempt by me to review the testimony taken under the Tar- home to give his testimony was the apprehension of that Tery peen- box resolution is entirely unnecessary now. The attempt to review niary loss. He knew he would come, and come gl.adly; that he would it and to pronounce judgment by tho gentleman from Kentucky [Mr. come with his heart bounding and his face radiant with joy; that he KNOT!'] when tho Committ.ee on the Judiciary have postponed the would come not only gladly but voluntm·ily, even if the coast were furt.her consideration of the case until next December, was without liq_ed with bumba,il.i.ftS from the Bay of Fundy to Cape Sable ann a the slightest justification in honor or in parliamentary law. _ I will thousand prisons yawned to receive him deeper and darker than the simply say, in regard to that testimony, that when it is · reported to gloomy cavern of Avernus. And he knew he would ma-ke an affidavit this Honse it will convince beyond any question or doubt every bon- to that effect and mail it if nece~sary. He knew thn,t whatever mess est, sincere seeker after the truth that Hon. James G. Blaine never of hell-broth he might concoct he simply bad to say" gape, sinner, had aught to do with the $70,000 of Little Rock and Fort Smith and swallow" and Mr. Caldwell would shut his eyes and blindly gulp bonds that were purchased of Mr. Caldwell and sold to the Union it down. There was one thing, however, which I presume he did not Pacific Railroad Comp::my. know, or if he did he omitted to instruct Mr. Caldwell what to say And. further, I dare assert that no member of the subcommittee of about it. While he knew that Caldwell did not let Blaine have the the judiciary: who bus listened to that testimony has remaining in bonds, he did not know whether Blaine lot Caldwell have them, and his mind to-~ay a single suspicion that Hon Mr. Blaine ever bad whether Caldwell was or was not the intermediary through which aught to do with the bonds which the House ordered the committee the bonds passed from Blaine to Scott and the money from Scott to to investigate. None but a mind filled with jealousy, filled with Blaine; nor do I know. malice, filled with wicked purpose, would dare pronounce judgment But, sir, it is said that Mr. Caldwell in the exuberance of his phi- against a peer of his on the floor of this House on any such te8ti- lanthropy has adopted -this dispatch, this illegitimate vagrant, begot- monv as that. · ten, conceived, and born o this side of the Atlantic three thousand And, sir, I do not propose to review the testimony in regard to the miles away from its generous benefactor. Certainly he has. 'Nobody Caldwell dispatch. That testimony was taken by the Committee on denies that. And, sir, in my opinion he would just as readily adopt the Judiciary in their committee-room, to be pa.ssed upon by tbeJu- a telegram requesting him to state that to his personal knowledge Mr. diciary Committee as such, and then, by them, if they desired to do Blaine stood by and gave directions while the Creator wheeled the it, to be reported to this House; and there is no justification for the dirt out of which the world was made, and "make affidavit to that chairman of that committee to rise here as chairman or as a mem- effeot. and mail it if required" besides. But that is not the point. ber of that committee n.nd report to this House that testimony and The question is, Who was the father of that baBtard foundling' Was his conclusions thereon. it Reed f Or did he only carry the basket and lay it at Caldwell's The commit.tee has reported this morning and their report has been door and ring the bell, and ask the benevolent soul to take the little read to the House. I submit that on the testimony in that case, stranger in f Who is Reed anyhow that he should take such a lively when the whole of it shaU have been print.ed and brought before the interest in this matter' Where does he reside' Ha.s he really "a House, it will be found that it fails to show in any way whatsoevP.r • local habitation and a name f" If he has a name he wa-s careful not that Mr. Blaine inspired or sent or sought or asked that any dis- to subscribe it to this dispatch. And moreover, Mr. Heber Robinson, patches should be sent to Mr. Caldwell; and I nowsaytothe cha-irman the telegraphic manager at Philadelphia, swears that when he deliv- of the committee what I have said to him again and again, that ered the dispatch for transmission he not only refused to disclose his neither Mr. Blaine nor I had the slightest interest in the matter; name but the place of his residence aL'!o. It would seem from Scott's that I would not appear as counsel, nor -would Mr. Blaine appear as testimony that he was extremely anxious that t.he committee should a party in that investigation, and that he might pursue it to the very have all the evidence possible; yet there has been a subpama for him bitter end, and at that end he would not find Ron. James G. Blaine. in the hands of the Sergeant-8.t-Arms from the 26th day of last May And I say that no mind that was not made reckless by bitterness, requiring his attendance before that same committee, and the cities by malice, by wicked purpose, would over dare assert in this House, of New York and Philadelphia, and I believe some others, have been before the completion of the testimony and its printing for the use of searched time after time by the officers of this House in the diligent, the House, that Ron. Mr. Blaine "instigated," "stood over," helped vain endeavor to find him. If his attendance could have been pro- on Mr. Reed, the clerk of Mr. Caldwell, in the sending to his employer cured however, I have no doubt he would have sworn that the tele- in London the dispatch which has been read by the gentleman from gram sent by him to Caldwell wa-s the ellillnation of his own unas- Kentucky. sisted intellect, neither suggested nor procured by another. He was Now in the progress of this investigation, as the gentleman from no doubt employed with special reference to his ability as well as his Kentucky says, he was directed by the Juiliciary Committee to tele- . willingness to swear to that or anything else that might be necessary graph to Caldwell. Every man around here-Mr. Sickles, who was in an emergency. But, sir, were he to swear it until his head became with the chairman of the Judiciary Committee every day, Mr. Rob- as white aa the eternal snow that crowns the summit of Mont Blanc, inson, who was here-a half a dozen gentlemen found ways and means there is not an unprejudiced mind on the continent that would be- to communicate with Mr. Caldwell forthwith. The gentleman from lieve him for a single moment in the light of all the facts and circum- Kentucky, whose duty it was to communicate with him, failed utterly stances I have stated. and entirely to do so until days after the instructions were given and Sir, if Mr. Reed waa acting simply anrl solely upon his own sug- after he received a telegram from Mr. Caldwell. Whyf gestion 1 if there was no one behind him for whom he was acting the · Again, when Mr. Blaine was preparing his defense -he ledrns that part of the pliant tool or the hired emissary, why the necessity of so the chairman of the Judiciary Committee, a colleague of his in the much mystery T Why did he so persistently refuse to disclose his Fortieth Congress, I believe, a colleague of his in the Forty-fourth 1876. CONGRESSIONAL RECORD-HOUSE. •5129 Congress, had received a telegram from Josiah Caldwell in London place when he knows as he knows himself that God struck down Mr. completely exonerating him, Mr. Blaine, from even a suspicion of con- Blaine and that for two days and a half he never uttered one word, nection with the bonds sold by Caldwell to Mr. Scott and by Mr. never recognized ·wife or children, that for two days and a half his Scott to the Pacific Railroad Company. Reporter after reporter was eyes were not closed-a gentleman, I say, who knowing this dares to sent to the gentleman from Kentucky after June 1, when he had re- stand on the floor of this House, in the presence of its members, in ceived the dispatch, to inqnire of him whether or not he had received the absence of Mr. Blaine, and insinuate that that was all a part of any such telegram. And each one of them came away with the im- the play in which he was a great and leading character, and that he pression that Mr. KNoTT had not heard anything from Mr. Caldwell plays his part admirably-shows a malice filling his whole heart m London. driving out discretion, dri~ng out justice, driving out a:ffection, . Finally, on the morning before :Mr. Blaine made his explanation in driving out all that is good ifud pure and holy, and filling it entirely this House he learned conclusively that Mr. KNoTT had received the with its own devilish and wicked form. If that feeling is there to- dispatch on the 1st of June; that he had kept it in his pocket up to day in full growth, in vigorous life, then it was there when the tele- that day at any rate without showing it, so far as he could learn, to gram from Caldwell wa.s originally received; and if it was there thtm, any member of the Judiciary Committee and certainly not to Mr. I say for the republican members of this House that they will be Blaine's friend on that co~ittee, :Mr. FRYE, who waa also on terms of justified in voting to a man that this report from the Judiciary Com- friendship with the gentleman from Kentucky. mittee is not a fair, a just, a righteous report, and that it ought to be Now I submit, and I say it boldly, that on that statement alone my recommitted. oolleague, Mr. Blaine, was justified beyond any question in the charge I yield to my colleague, [Mr. HALE.] he made upon the gentleman from Kentucky on that memorable Mon- Mr. HUNTON. Will the gentleman from Maine allow me one min- day on the floor of the Honse. The gentleman may say, "You have uteT signed the report or agreed to the report exculpating me.'' I am Mr. HALE. For what purpose f sorry to say that I did. Mr. HUNTON. There was a remark which fell from the gentle- Mr. KNOTT. You can take your name off the report, so far as I man from Maine who has just addressed the Honse that I should am concerned, if you desire to do so. probably say something in response to. He stated, in the course of Mr. FRYE. I am obliged to the gentleman; I will do so with the his remarks, that he dare 388ert that there was ·not one member of greatest pleasure. that subcommittee who had a lingering suspicion that Mr. Blaine Now ns to this report: After that attack W38 made upon the gen- had anything to do with those Little Rock and l!'ort Smith bonds. I tleman from Kentucky he did not feel so brilliant as he evidently believe I repeat yon oorrectly f does to-day. While Mr. Blaine was on the floor of the House the gen- Mr. FRYE. Did I not say any gentleman with an honest, unpreju- tlemnn from Kentucky did not undertake to make any attack upon diced mind f (Laughter and applause on the republican side.) him; but he did when Mr. Blaine charged him with the suppression, Mr. HUNTON. Does the gentleman mean to say that I am not of make a feeble and unworthy defense. While I was acting as a mem- that list Y Answer. ber of the Judiciary Committee, and not as counsel for Mr. Blaine, Several MEMBERS. Make him answer. gentlemen who were friends of the gentleman from Kentucky were Mr. FRYE. You must draw your own inf~rence. BBking at my hands that I should agree to a report which should ex- Mr. HUNTON. If he does, I pronounce-- culpate that gentleman. Hie friends were saying to me," He desires Mr. HALE rose. exculpation because he has received unfriendly looks and unfriendly Several MEMBERS. Let him answer. criticisms from his own side of the Hoose." And when the gentle- Mr. HUNTON. wht does the gentleman from Maine sayf man from Ohio [Mr. HURD] drew this carefully worded report and Mr. DOUGLAS. Let him answer. in his room submitted i.t to me for inspection, I saw that it was drawn Mr. HUNTON. I desire an answer from the gentleman from Maine. -with a care which is seldom bestowed upon an ordinary report. I Does he mean to say I am not honest T · ., saw that it treated the matter as a legal proposition entirely. The Mr. FRYE. You heard the remark I made. If yon necessarily first proposition discussed was whether or not the Caldwell telegram draw the inference-- waa evidence. Now there is no lawyer in Christendom who would Mr. HUNTON. Do you intend that inference to be drawn f not stultify himself by undertaking to declare that that Caldwell Mr. FRYE. I intended- telegram was evidence. When that was submitted to ;me as a law- Mr. HOAR. I rise to a point of order. yer as the report of the committee, what was there for me to do ex- The SPEAKER pro tempore, (Mr. CLYMER in the chair.) The gen- cept to say, ''Not guilty, if you put it upon legal technicalities." tlemanfrom MassachusettS' rises to a point of order, and will state it. The second proposition of the gentleman from Ohio was that not Jt.Ir. HOAR. I make the point of order that it is not in order fnr being evidence, it follows logically that the dispatch could not be a one member of the House to ask another member whether he is or is suppressed instrument of evidence. Any lawyer in Christendom not honest, a reply to which in the negative would clearly be unpal'o would stultify himself if he should vote "no" on that proposition; liamentary. and I was not prepared to vote "no." Several MEMBERS. Let him answer the question categorically. · Then he carefully takes a step further and says that legally this Mr. HUNTON. I ask the gentleman from Maine to answer me cat- telegram was a matter for the chn.irman of the committee; that he egorically if he meant by that remark any personal-- was not instructed to report it to any committee ; that it waa a mat- Mr. FRYE. The one hour which waa given to this side is being ter in his own discretion. The only thing in which I did wrong was consumed by the gentleman from Virginia, who has no right to the in concurring in the statement of that report that he exercised this floor. discretion h good faith. Why do I say that f I started out by say- Mr. HUNTON. I trust this time will not be taken from the other ing that I was pained beyond words to express with a loss of confi- side. I desire to call the attention again of the gentleman from Maine dence to-day in a gentleman in whom that confidence has been grow- to the fact that before I had answered him, before I had completed ing slowly but surely during this whole session of Congress. I have my sentence, he interposed a remark here from which an improper boarded with the gentleman from Kentucky, he and I have sat at the inference in regard to my character might be drawn. t same table, and lived on terms of intimacy which up to this time Mr. FRYE. What does the gentleman desire me to say f nothing has disturbed. l. have admired him socially; I have ndmired Mr. HUNTON. I desire to a-sk you categorically whether yon him intellectually. In private life, his powers of mind naturally meant to reflect upon my character in that remark f brilliant, thoroughly cultivated, have made him to me a delightful Mr. FRYE. I meant to say, sir, that, in my honest opinion, from companion. I have learned to love the gentleman from Kentucky as the commencement of that investigation of Mr. Blaine down to Mr. I seldom learn to love men. Impelled by that love, I dared to take Blaine's attack upon you there wae perhaps no more than the ordi- the ground in the committee, and I dared to take the ground at home nary prejudice in your mind resulting from the attack which Mr. in Maine, in spite of sharp criticisms, that the gentleman from Ken- Blaine had made on the floor of this House against the democratic tucky had not malice in his heart when he suppressed that telegram. side. I meant to say further t.hat after lir. Blaine made the attack I dared to take the ground that living down in Kentucky in an agri- in this Honse on a Monday, and after Mr. Blaine read the letter of Rob- cultural district, remote from any knowledge of cable telegrams, he inson in which he said that he had been called by you into your room was excusable for his ignorance in not knowing when he received that and had been questioned for a long time to find out what he knew telegram that he could have learned in five minutes'timewhetherCald- and your reply to the gentleman from Maine, I do not believe from well had sent it from London and where Ca.l d well was in that city; that that time to this your mind has been without prejudice against my he was excusable for his ignorance of the fact that he could have tele- colleague. graphed for Caldwell's affidavit in five minutes and in an ho~s time Mr. HUNTON. That is all you meant to say, then f could have received an affidavit which would have exculpated my Mr. FRYE. That is all I meant to say. colleague, :Mr. Blaine, from even a suspicion in this matter. I say Mr. HUNTON. Very well; then I desire to go on and finish whait that with the affection I had learned to have for the gentleman and I rose to state. with the knowledge which I had gained in respect to him and the Mr. FRYE. I cannot yield any more time. circumstances surrounding him, I did honestly, happily, gladly ex- Mr. HUNTON. But I have not made my response to your rema.rk. culpate him and did say that he kept back that telegram in good Mr. FRYE. Does it come out of our timef faith. Mr. HUN'fON. Not at all. But, sir, the exhibition of malice that the gentleman from Kentucky The gentleman stated he dare assert that there was not a member has dared to make on the floor of this House to-day in the absence of of that subcommittee who had a lingering svtSpicion in his minrl that the gentleman from Maine satisfies me that I had not sounded the Mr. Bla.ine had the remotest connection with these Little Rock and deep recesses of his heart. A gentleman who will stand here in his Fort Smith bonds. 5130 CONGRESSI()N.A.t RECORD-HOUSE. .A.UGUST ~' Mr. FRYE. Which went into the Union Pacific Railroad t as tb..o minds of the judges who sit in our highest courts. But the Mr. HUNTON. Yes, sir. All I desire to say is t.hia: With that re- gentleman from Kentucky, the chairman of this legal committee, mark of the gentleman from .Maine going to the cmmtry, and not with this investigR-tion pending and a final report put off, dares to r()~ponded to by me, it woulcl seem to be an indorsement that I had come into this House and not only to discuss the matter covered in come -...o the conclusion he gave. I desire to say, sir, that I bad en- this report, and I believe be did it without any knowledge on the deavored from the start to keep my mind clear of conclusions until part of the gentlem~u presenting it of what he proposed to do; dares the testimony wa.s all in. That testimony is not a,ll in. The taking not only to discuss the report upon which no other member of the of it bas been interrupted by a motion to postpone it on the part of committee proposed to say a, single word, but vehemently and with Mr. Blaine, and the testimony not being a,ll in, I for one have not. malignityin every breath goes into the whole relat.ions of my former come to any conclusion on tho subject. collea~e with the 13ntire investigation. Why, sir, what would be Mr. FRYE. Let me ask the gentleman, then, if that is so, do you thougnt of a judge who during an adjournment of court should mount justify the chairman of the Committee on the Judiciary in bringing the stand and in public proceed to argue one side of the case com- that matter before this House f mitted to him f Nay, sir; more than this; it is a breach of the good Mr. HUNTON. The chairman acts for himself and I for myself. faith that was entered into by that committee such as no member on Mr. FRYE. Answer me categorically; doyoujustifytbe chairman this floor has ever been disgraced by participation in or even behold- of the Judiciary Committee' ing. There is nothing in the records of congressional proceediugs Mr. TUCKER. I call the gentleman from Maine to order. He bas since I have been here that at all compares with the enormity of this no right to address my colleague in that way. deliberate breach of faith that had been entered into by the Commit- Mr. HOLMAN. Let us have fair play. tee ou the Judiciary that this whole affair should be postponed until Mr. ]!'RYE. I now yidd to my colleague, [Mr.liA.LE.l next December. I charge this directly upon the gentleman from Mr. HALE. Mr. Speaker, how much time is there left of the bourf Kentucky. 'l'he SPEAKER pro tempore. One-half hour. Whether the gentleman from Kentucky has, in the turbulence of Mr. HALE. There have been during this winter some animosities his inflamed passion, realized the full position that be occupied here excited and asperities have at times been keen upon this floor. Be- in this remarkable speech of his before the members of this House tween the two parties represented here combat has been almost inces- and before the country, is not for me to judge. But if anything should santly waged. There has grown out of these conflicts more or less of be depended upon, if anything should be considered sacred in this personal feeling. My former colleague, Mr. Blaine, was not infrequently House, it is the conclusion of a committee like the Judiciary Commit- foremost. He gave and he took hard blows. He never smote in the tee, that the minds of its members should remain undisturbed by back. His combats were always open and manly and everybody op- warrings and passions, and that an important, _perhaps exciting, sub- posed to him knew his ground and had fair opportunity for thrust ject-matter pending before them should be laid away in peace only and parry. - to be taken up at a time agreed upon. Mr. Blaine relied upon this; By common consent, Mr. Speaker, all of this strife, insofar as he my colleague [Mr. FRYE] relied upon it; I relied upon it; the coun- was concerned, it has been agreed shaH be considered as a mai.ter of try expected it. the past. The Judiciary Committee has determined, after full delib- I have had heretofore a confidence in the Law Committee such as eration, the gentleman from Kentucky as chairman participating, would justify me in feeling that the course invariably pursued in that the subject-mai.ters upon which my colleague was more than once such cases would be pursued here; but the gentleman has chosen to impelled upon tbis floor should be taken from_the field of investiga- break through all agreements and to come here and to argue this case. tion R-nd for the time being should cease to be-'discussed. The com- Mr. Speaker, there is no man here who has not been pained at the mittee voted unanimously that they should go over until the next exbibit.ion of to-day. The report would have been probably pa-ssed session of this House in December. I have failed to bear on this side without question. Now, in what I say here I do not address there- of the House or on that side of the House until to-day any murmur publican members alone but gentlemen upon the other side. This . of dissent from that conclusion of the Law Committee of the House. report, Mr. Speaker, proceeds largely upon a technical ground, which For at the time when it was reached my former colleague lay upon is undoubtedly good law, and no man could express it better than the his bed of sickness. He had been struck down on that memorable gentleman from Ohio [.Mr. HuRD] who presente(l the report. That Sunday when devoted friends in a city near where the gentleman the bare telegram of Caldwell wa-s not legal testimony, and that from Kentucky lives were maintaining his cause and presenting him therefore there was technically no suppression of legal evidence, no- for the highest honors of the American Republic. There had super- body will deny. My former colleague never claimed that it was legal vened a lingering and dangerous illness', from wbicb he has only testimony when he made that memorable assault which the gentle- until very lately been hopefully partially relieved. At the time when man from Kentucky at least has not forgotten. What be claimed the committee arrived at this conclusion, it was agreed that in con- was that the faith was bad, that there had not been given the same sideration of all the circumstances of the case my collengue should publicity to that dispatch that would have been ~iven bad its con- have what any person in any court would always have accorded t.o tents been different and borne hardly upon him lllStead of wholly him, an order of con~inuance. . exonerating him as it did. He believed and he charged that in this The Committee on the Judiciary baa also since then agreed to are- lnst case the dispatch would have been heralded upon every flashing port unanimously giving its exoneration to t.he gentlemen from Ken- wire +,hrougbout the land to his detriment. He did not claim that tucky in relation t{l the suppression of the Caldwell dispatch ; and, technically it was a suppression of legal evidence, and so the report Mr. Speaker, that report would have passed unchallenged this morn- standing upon legal propositions is justified and is good law. There ing but for the remarkable exhibition of the gentleman from Ken- is the further point to which my collea~ue~ bas so well adverted that tucky. I wish to say here that my colleague from Maine, [Mr. FRYE,] I need not say more than a word upon 1t. The report does negative a member of the Judiciary Committee, in agreeing to that report, al- the proposition that there was malice in the heart of the gentlem..m thou~h he may have been blamed for it by party friends here or from Kentucky. I think there is no man here who has listened to tho by friends at home in the State of Maine, did it in full consultation outpourings of his "limed soul" who does not feel that envenomed with me; and, although I am not a member of that committee, any malice moves him now. No man can doubt it, and, Mr. Speaker, blame that has been laid at his door, any .censure that falls upon him this enters into the whole question of that part of the resolution here or elsewhere, should equally fall upon me, for I joined with him which grounds the conduct of the gentleman fTom Kentucky upon in believing that no injustice would be done to any one by gratifying good faith and freedom from malicious motives. For, Mr. Speaker, the fervent desire of a gentleman who believed himself aggrieved and the malice that held this House for an hour and a quaxter to-day ac- wanted to be righted. tuating and impelling almost every sentence that the gentleman I did not think the gentleman from Kentucky free from blame in uttered was not a malice that bas just been born. It bas lain im- keeping the dispatch, but I was willing to be persuaded that he had bedded in the gentleman's heart for weeks and for months. not been swayed by malicious motives. The gentleman from Ken- It is the malice that "lieth in wait;" it is the ''long gallop that tucky has chosen to open the whole -matter. If by this opening he never tires;" it shows conclusively that my collea~e was wrong and has gained or :my friend of his has ·gained anything or .Mr. Blaine that I was wrong in counseling him as I did to .Join in that report, bas lost anything, I have failed to appreciate the occasion. We have believing that it had been a mistake and an error, but not with a bad a most rema,rkable :manifestation, such as is not often seen here; malicious purpose. No member here is ca1led upon to vote for this a manifestation of combined deliberation and passion; the passion resolution if it is pressed, as it should not be. that does not choose it words, but thrusts them forth recklessly, with- And with this I dismiss the gentleman from Kentucky, saying only out regard to fac;ts and testimony; the deliberation that lies masked this as I close: This discussion has heen opened by the gentleman, until a dreaded enemy bas disappeared :firom the field before it steps choosing, aS be did, his own time and choosing well; for I say to you. forth for a public expression. We have had the two combined in a Mr. Speaker, and I say it to him, tha;t had my late colleague sat here manner that in my experience has uever been presented here before. in his seat as we all remember him, the gentleman from Kentucky And I doubt not, sir, that I am justified in saying that it will never would no more have made his speech than the mousing owl would be presented here again. venture forth when the "eagle is in the sky, towering in his pride Sir, the O'entleman from Kentucky is chairman of the Law Com- of place." [Great appla,use on the floor and in the galleries."] mittee of the House of Representatives. To that committee is in I now yield five minut-es to the gentleman from Iowa, [Mr. Mc- trusted a legal inve~::~tigation. Every member of that committee sits Cn.ARY.] and acts as a judge in a semi-judicial capacity. The investigation is The SPEAKER pro tempm·e. The Chair hopes that tb re will be no arrested midway. It lies over by the unanimous consent of the com- demonstrations, either of appbuso or of dissent, made on tho .floor of mittee; and .t he minds of the judges who are holding this question the House. Gentlemen certainly understand that it is entirely out of in abeyance should be as free and a-s clear from prejudice and passion order. i876. OONGRESSIONAL REOORD-JIOUSE. 5131 Mr. McCRARY. I was not present with the Committee on the Ju- demanding legal evidence when it is convenient for tb.em and for the dicia,ry when the report now under consideration was agreed to, being interest of democracy to be so, but who utterly disregard the rules at that time absent from the city; and therefore of course I did not of evidence when a republican is charged and may be smirched by agree to it. admitting that which is not eviclence. I regret as much as any gentlemn.n upon this floor can regret that I have here the testimony in an investigation in which a republi- the chairman of the committee should have seen fit to take adva.n- can ex-member of this Honse, a late minister to England, General tage of this opportunity afforded him by the magnanimity of his cpl- Schenck, waa concerned. In hurriedly-looking over these pages, I leagues upon the committee to discuss the whole subject of the investi- have count.ed some thirty dispatches, some of them cable dispatches, gation which has been for some time pending before us and is yet not one signed by the party accused, nor by anybody authorized by unfinished. The impropriety of such a course is manifest. him, no more competent as evidence than the Caldwell dispatch, all Sir, if there is a tribunal anywhere on the face of the earth that which are spread upon this record and published abroad aa evidence ought to proceed with deliberation, that ought to proceed with fair- in the investigation and for the purpose of smirching him. And yon ness, t.hat ought to adhere to those rules of law and of evidence must secrete, yon must suppress, you must keep out of the record a which the experience of a thousand years has shown to be necessary dispa.tch which exonorates and vindicates a republic~ member of to the protection of innocence and the punishment of guilt, it is a this House, because it is not evidence. committee of Congress charged, not with settling questions involving Sir, I cannot go further into this discussion now. I say, however, paltry dollars and cents, but charged with the duty of making n.n thn.t if the rule which has been followed when a democrat woo to be investigation which affect.B the honor, the reputation, the character investiga.ted, if the policy which has been pursued when a democrat of a fellow-member. And surely, even if other committees might dis- was concerned, had been followed in the case of James G. Blaine, we re~ard these great and important principles, the Law Committee of long ago would have had a report exonerating him and vindicating this House ought never to lose sight of them. his good name. I was disposed to agree to the report of the committee, because it Mr. FRYE. I now yield to the gentleman from Massachusetts, is founded upon a correct principle of law, but I was not prepared to [Mr. HoAR.] . find that in the midst of this investigation the merits of it would be Mr. HOAR. I assented to the report which has been read to the brought before the House and the whole case nom beginning to end Honse, not on any technical ground, but because I deemed the gen- be discussed here by one of the judges who is finally to decide it. tleman from Kentucky [Mr. KNoTI] incapableofthe act of suppres- Holding the views I do touching the dnt.y of each member of a sion charged against him. I thought so, because his high position as committee charged with an inquiry involving personal character, I a Representative of the honorable State of Kentucky and as the much regret that what has fallen from the lips of the chairman of chairman of the J ndiciary Committee of this House outweighed any the committee seems to require a sta,tement in reply concerning the suspicions which grew out of the fact.B which were before the com- merits of this unfinished investigation. I should have preferred to mittee. I had not then heard the speech which the gentleman from remain silent for the present, as I think becomes every gentleman on Kentucky has made this morning. I listened to that speech with the committee. But the chairmn.n . of the committee bas chosen to the profoundest sorrow and shame. If I had heard it before, I should express n.n opinion at thia time, and as I cannot by my silence accept not have assented to that report. his conclusions I have no alternative but to state my own. Mr. FRYE. I now yield to the gentleman from Ohio, [Mr. LAW- I have no time now to review the evidence; I have no hen.rt to RENCE.] do it. But this much I desire to sa.y; that after the first da,y nf the Mr. LAWRENCE. No member of this House and no member of investigation, when three witnesses testified to their absolute and the Judiciary Committee can more sincerely regret the exhibit.ion personal knowledge concerning the facts that the committee were which we have witnessed this day than I do. My relations with all the ch:trged to ascertain, there has really been nothing for that commH.tee members of the Judicia.ry Committee have been of the most pleasant to investigate; nothing for it to do but to report the fa.cts. If I am character. I have received marks of kindness from the chairman of called upon here and now to express a.n opinion, th~t is the only that committee which I shall never forget. It is, t.herefore, with ex- opinion I can express. . treme reluctance that I rise to say what I conceive my duty requires The committee were charged to inquire how the Union Pacific Rail- on this occasion1 and it is with extreme regret that I find myself road Company had come into the possession of certain bonds, from compelled to behove that the occasion makes it necessary. whom it had obta.ined them, and for what consideration. On the first This report which is now submitted to t.he House was drawn by day of the investigation three witnesses were called, Colonel Thomas my esteemed colleague from Ohio [Mr. HuRD] and was read to the A. Scott, Mr. Carna.gie, and Mr. Mort-on, a. banker in New York, all of members of the J ndiniary Committee. It was arranged that it should whom testified to their personal knowledge of the manner in which be again submitted to ·him and to my colleague on the Judiciary the bonds were obtained. The testimony of those witnesses showed Committee from Maine, [Mr. FRYE,] that they might revise it and conclusively that the Union Pacific Railroad pmchased snid bonds make such changes as they deemed proper" after the consultations from Colonel Thomas A. Scott, and that Colonel Scott purchnsed them which had been had in the committee-room. I shall not disclose from Mr. Caldwell, and that Mr. Blaine was in no way, shape, or anything that occurred in the committee, certainly nothing to which manner connected with :the transaction, either directly or indirectly. a.ny member will object. But I had so much confidence in those gen- Why were not these fact.s reported t tlemen, as I yet have, that I did assent that the report which was Sir, I cannot bnt call to mind another investigation by a committee made1 and which they were to revise and submit to the Honse, should of this House, and I cannot bnt contrast here the course taken by the be suomitted to the House as the report of the committee. two committees. In one case the gentleman accused was an honored We have heard the report read. It embraces three essential propo- Ex-Speaker of this House; in the other, the accused party was the sitions: ~~irst, that the Caldwell telegram was not strictly legal evi- Speaker of the House. Both were men of the highest character; one dence i second, that as a legal proposition it would not bo a suppres- was a republicn.n, the other a democrat. When the testimony con- sion of evidence to withhold from the committee that which in law cerningthe Ex-Speaker was complete and overwhelming in his vindi- was .not evidence; and, as my colleague on the committee has well cation, the Judiciary Committee refused to report and continued the said, no lawyer would refuse assent to these propositions. The third investigation, sending out for further testimony and seeking to find point em braced in the report relates to the circumstances or purpose somebody who perchance might contradict some one of those wit- of retaining possession of the telegram. , nesses who had testified in his vindication. Month after month the I am admonished by a friend who sits near me that the hour on inquiry went on after, as I have said, three witnesses of the highest. which I am speaking has nearly expired, and I find therefore that I character had testified to their personal knowledge that the Ex- have not time to finish all that I desired to say. Embarrassed by Speaker had no connection whatever with the transaction in ques- this want of .time I can only now say that in view of what has been tion, and after he on his oath had asserted the _same thing. said and of what has occurred I must now ·insist that this report How different was the course of the committee in the case of the shall be recommitted, that the committee may review it, and I must Speaker of the House. When he was accused by the testimony of a now withhold my assent from the report. witness on the stand, how swift was the committee to send for other Mr. FRYE. I now yield the balance of my time-two minutes-to witnesses to impeach his accuser and how prompt was the committee the gentleman from Ohio, [Mr. HURD.] to come in with their report vindicating entirely the Speaker from Mr. HURD. Mr. Spea,ker, the minority of the Judiciary Commit- these charges. And how re2dy and l?enerous was every member upon tee, whose representatives have just spoken on this floor, do not more this side of the House in joining w1t.h one voice, without dissent, in regret what has transpired to-daythap I do. I had presented to this vindicating him acrainst what we all believed to be a false charge. House the report of the Committee on the Judiciary unanimously Fully believing as I do in tho entire innocence of the Speaker, tmth agreed to, as to which I had supposed there would be no discussion nor compels me to say that his vindication was not so complete, was not debate. I had given, in conversation, my word of honor to the gen- so thorough, wa.s not so overwhelming as the vindication of James G. tleman from Maine [Mr. FRYE] that there was to be no discussion of Blaine by the testimony adduced on the very first day of the investi- the report. I had supposed that all that was intended to be said was gation concerning him. Is thatfair,is that impartial f Sir, if James that which related merely to what involved the chairman of our com- G. Blaine had been our democratic Speaker instead ot a republican Ex- mittee, and what was necessary to his individual and personal ex- Speaker, how prompt., how complete, how emphatic, and how unani- culpation. mous would have been his vindication at the hands of this House. I regret the debate because it has compelled those gentlemen who The report now made to tho House is based upon the gronnu that so kindly aml generously signed the report and agreed t-o its being the telegram from Caldwell was not evidence under the law. I can- brought to the House, to withdraw from it, their approvaL I am not not but remark another thing, and that is that upon the other side here to express any opinion as to what has been said by the chairman of the House there are gentlemen who are exceedingly technical in of the committee upon the different propositions hfl baa discussed. 1 5132 CONGRESSIONAL RECORD-HOUSE. AUGUST 3, merely regret the fact that the discussion was thought necessary I do not know nor do I care; but be has gone from our midst, and when there was presented to the House a report which afforded him more than that, never to return during the present Congress, and the most abundant exculpation and which enabled the commi~e to that without any procurement of mine give it with cheerfulness and friendliness. Now, sir, the whole gist of the pending question is simply as tothe I am here still to maintain that the report is true. I maintn.in that authenticity of the Caldwell dispatch and whether or not I acted in the propositions, both of law and of fact, which the report contains good faith in my connection in that matter. There is the whole are abundantly sustained. I maintain, in opposition to what has been thing. These gentlemen have said I was not blameworthy in that asserted by the gentlemiiDfrom Maine, [Mr. FRYE,] that nothing that matter. If they see proper now to recall it so be it, they have my can be said by the chairman of the committee this day should change consent to do so. the opinion of the committee as to what the chairman did months The SPEAKER pro tempore. The gentleman's time has expired. ago. I am here to say that there is not the slightest evidenge to show Mr. HURD. Mr. Speaker, I desire to say that in maldng the mo- either a willful purpose to withhold the dispatch or a di!position to tion to recommit this report to the Committee on the Judiciary I do injure any person who was involved in that investigation. I am thore- it with the object that the minority of the committee who have ex- fore prepared to vote in favor of the report as I voted for it when it pressf3d opinions on the floor hostile to the recommendations of the was considered by the committee. But six membel'S of the committee, committee may have an opportunity of presenting to the House ami- making a majority, have requested of me that the report be recommit- nority report. ted for further action, and I now desire to make the necessary motion The SPEAKER pro tempore. The gentleman from Ohio moves to which shall enable that proposition to be submitted to the Honse. I reconsider the vote by which the main question was ordered. move to reconsider the vote by which the previous question was sec- The Houso divined; 'l.nd there were ayes 114- onded and the main question ordered. Mr. ATKINS. I demand the yeas and nays. Mr. KNOTT. I would like to say a few words. Several MEMBERS. 0, no I . The SPEAKER pro tentpore. The gentleman from Kentucky [Mr. Mr. ATKINS. I withdraw itJ.. KNoTr] is entitled to five minutes of his time which he did not use. In the negative were 57. Mr. KNOTT. Mr. Speaker, "one by one the roses fade;" and simply Mr. VANCE, of Ohio, demanded the yeas and nays. because they have been touched by the wand of truth. Sir, after the The yeas and nays were not ordered. _ ship-of-the-line had strnck its colors and hauled off, I little expected So the vote ordering the main question was reconsidered. that I would be compelled t-o continue the conflict with the yawls; it The SPEAKER 'Pro tempore. The question now recurs on the mo- nevertheless seems that such is ~be case. tion of the gentleman from Ohio to recommit the report to the Com- As to the speech that I have delivered and which haa caused so mittee on the Judiciary. much "pain" to gentlemen on the other side, I have merely to say Mr. HURD. And on that motion I demand the previous question. that I would not alter one single word that I uttered. I have neither The previous question was seconded and the main question ordered. explanation nor apologyto make. The House divided; and there were-ayes 131, noes 49. The man who supposes that I will sit tamely by and submit to a So the report was recommitted to the Committee on the Judiciary. brutal, outrageous, disingenuous, and false assault such as was made Mr. HURD moved to reconsider the vote just taken; and also upon me on this floor, reiterated in ten thousand different shapes and moved that the motion to reconsider be laid on the table. through ten thousand channels, and not say a word in my own de- The latter motion was agreed to. fense or vindication, mistakes the man. Abandon me if you will. Vote as you please. I stand here upon every utterance that I have MESSAGE FROM THE SENATE. made and I reiterate it, much as I may regret to lose the friendship A meisage from the Senate, by Mr. SYMPSON, one of their clerks, of the gentleman from Maine, [Mr. FRYE.] If he can surrender the informed the Honse that the Senate had passed bills of the following regard which be professes to have entertained for me upon such slight titles; in which the concurrence of the House was requested: pretexts, it certainly was not worth the having. If we must part, all A bill (S. No. 1021) allowing the Pacific Mail Steamship Company that I can say to the gentleman, is- to carry the mails in their new iron steamships; Fare thee well! and if forever, A bill (S. No. 917) to enable 0. T. Bussell, of Indianapolis, Indiana, Still, forever fare thee well to make application to the Commissioner of Patents for extension of [Laughter and applause.] letters-patent for a combined rubber and spiral steel spring; and Now what is the''head andfront of my offending" that the gentle- A bill (S. No. 731) to limit and fix the Signal Service. man should be suddenly inspired with such pious mdigna.tion f It is CONSULAR AND DIPLOMATIC BILL. said that I have prejudged the case under investigation by the commit- Mr. SINGLETON. I rise to a privileged question and submit a re- tee. I trust that such imputations were inadvertently made, because port from a conference committee. they are not justified by a syllable I have uttered. I might perhaps; The Clerk read as follows: if I were not afraid of being accused of having "plantation manners,' The committee of conference on the disa!Zl'eeing votes of the two Houses on the say that all such insinuations are absolutely and unqualifiedly false. amendments of the Senate to the bill (H. R. No. 1594) malting appropriations for I have only brought to the attention of the House certain facts which the consular and diplomatic service of the Government for the fiscal year ending free conference, have boon unable to agree. led to the necessity of dispatching to Caldwell, without expressing June 30,1871, having met, a.fterfull and OTHO R. SINGLETON, any opinion at all upon those facts, and without having prejudged WILLIAM M. SPRINGER, in the least any matter whatever under investigation. But how do JAMES MONROE, these suddenly virtuous gentlemen deport themselves t They are a-s Managers on the part of th.e House. much judges of the subject-matter of the investigation as I am; yet FREDERICK T. FRELINGHUYSEN, GEORGE F. EDMUNDS, they can rise in their seats with impunity and say that Mr. Blaine is R. E. WITHERS, 1 as immaculate as the driven snow; that he is purer tha.n Mar.agers on the part of the Senate. The icicle That's curded by the frost from purest snow, .And hangs on Dian's temple. Mr. SINGLETON. Mr. Speaker, I move the House insist on its dis- agreement to tbe amendments of the Senate and ask for further con- 1 ference. But before the question is put, my colleague upon the com- But there is no hafm in that, there is no prejudging the case in mittee [Mr. SPRINGER] wishes to make a few remarks in explanation that. I have not said whether Mr. Blaine is guilty or innocent of the of the l>osition occupied by the committee of conference, and I yield charges still before the committee nor intimated an opinion upon the the floor to him for that purpose, question. But upon the subject-matter of this report, upon the au- Mr. SPRINGER. Mr. Speaker, I would not ask the attention of thenticity of this Caldwell telegram, I have asserted and I reiterate the House at this tune in reference to this report were it not for the here-I would reiterate it in the courts of heaven-that I believed it fact that the conferees on the part of the Senate wheu they submit- originated in the fertile brain and to su bserve the purposes of James ted their report on the subject did injustice, I think, to the House con- G. Blaine, of Maine. And in that belief I am fully justified by the ferees in stating the position we had a5aumed in reference to this bill. proof. It was stated that we bad declined a number of propositions in re- It has been said that I would not have dared to make the speech gard to tJlis bill. and had persistently demanded, without giving any I have made to-day had Mr. Blaine been here; that I would "in a reason therefor, that there should be a reduction~ the salaries of bondman's key, with bated breath and whispering humbleness," have consular and diplomatic officers. It is true that the conferees on the spoken very differently. That may perhaps be the opinion of the part of the House did insist there should be a reduction of the sala- gentleman, and may go for what it is worth. I am not responsible ries of certain consular and diplomatic officers. ·We insisted upon for the absence of the late member from Maine. I did not bring that, and we thought we gave goocl rea-sons to that committee, and about his resignation. The floor wa-s free to him, as it is to me; he reasons which ought to be sufficient to the country, for insisting that could have remained here had he chosen to do so, but he saw proper the Senate should consent to reduction of salaries below what is de- to withdraw from this arena where he had been assailed by h1s own nominated "the existing law." party friends; and t~t, too, before he had vindicated his reputation For instance, the first subject cliscussed was as to the salaries of ' for integrity as a man and as a leader of his party, and I was in no ministers plenipotentiary to Great Britain, France, Germany, aud Rus- way responsible for it, and whether he was acting upon the sugges- sia., which by existing law are $17,500 each per annum, and which by tion of the old English verse that- the bill pa-ssed by the House are placed at 14,000 each per annum. He who fight& and runs away Your conferees thought that salary was sufficient in view of the gen- May live to fight another day; , Bnt he who is in battle slain eral reduction of salaries all over the country and the necessity on the Will never rise to fight again- part of all classes of people to economize in all their expenditures. 1876. CONGRESSIONAL RECORD-HOUSE~ 5.133 Other reductions were pointed out which we deemed it necessary to I hope, Mr. Speaker, that another conference committee will be make at. this time. But the conferees on the part of the Senate in- appointed upon this bill, and I hope also that the same sentiment sisted that we must make appropriations t,h at conformed to the law as that has been represented on previous conference committees will be it now stands, and they would not consent to any reduction of such sal- represented again; and that this House, standing upon its right as n.ries. We offered many reasons why they should be reduced below the immediate representative of the people of this country, will from existing law, which reasons were quite satisfactory to us, but they week to week and from month to month insist that the Senate of the did not sa regard them. United States rnu.l;jt respond to the demand of the people in favor of And I am sorry, Mr. Speaker, that it has been asserted at the other reduction of expenditures in all the departments of the Government. end of the Capitol that the attitude of this House in respect to this The high-toned officials in foreign countries as well as the clerks in bill is a threat to the Senate of the United States; that we stand the various Departments in this city must submit to the inevitable here in the attitude of coercing that body into arbitrary and unrea- demands of public economy. sonable measures. Such is not the case. We only ask that the Senate Mr. BURCHARD, of Illinois. Will my colleague yield to me for a will respond to the reasonable demand of the people of the country question f that there shall be a reduction in all the departments of the Govern- Mr. SPRINGER. Yes, sir. ment, in the salaries of high as well as low officials ; and we know of Mr. BURCHARD, of Illinois. I wish to ask t.he gentleman if the no place in the public service where the rule of economy can be so conferees on the part of the Honse made the claim that waa ma-de by properly applied as to the salaries of our foreign ministers. I can him upon the floor of the House, that the Senate had no right either see no reas()n for paying a foreign minister 17,500 a year for his to originate appropriation bills or to make amendments 7 Was that services, and at the same time paying Cabinet officials $8,000 a year one of the points of difference 7 and members of Congress $4,500 or $5,000 a year. Mr. SPRINGER. We discussed at some length the constitutional Every gentleman who has examined into the question thoroughly provisions on this subject. As we were of different politica). views on must know that it costs every member of the Cabinet of the Presi- that committee, and as I thought the gentlemen representjng the dent of the United States more to live in the city of Washington than Senate would perhaps prefer republican authority upon that point, I it costs any foreign minister to live in a becoming manner in any for- took the liberty in that discussion to call the attention of the Sen- eign court in the world. We are asked to pay these foreign ambas- ators in the conference ~ommittee to the view of the late Charles sadors, who have but little to do compared with the onerous duties Sumner upon this question, in which he took the position now as- of a member of the Cabinet or a member of Congress-we are asked . sumed by the HouSE) upon these bills; and also the position taken by to pay them exorbitant salaries. And when we insist that the Senate Hon. JoHN SHERMAN, when a member of this House, w;hen be stated - shall agree to that, we are told that we are standing in an attitude of that t.he people must look to this House and not to the Executive De- threatening a co-ordinate branch of legislation. partments of the Government or the President of the United States Mr. DUNNELL. I would like w ask the gentleman a. question. for reforms which they demanded. Mr. SPRINGER. Very well. · Mr. BURCHARD, of Dlinois. Then the right to originate and Mr. DUNNELL. I would ask the gentleman if the salary now un- amend appropriation bills was one of the points of difference 7 der a republican administration is any more exorbitant than under a Mr. SPRINGER. Yes, sir. democratic administration when it was inaugurat-ed t :Mr. THOMPSON rose. Mr. SPRINGER. That does not make any difference so far as the Mr. SPRINGER. Does the gentleman from Massachusetts desire fact is concerned. If salaries were too high then, they should have to discuss this bill f been reduced. If too high now, they should be reduced. I care noth- Mr. THOMPSON. I do. ing for the argum.entum ad hominern. I want gentlemen to realize the Mr. SPRINGER. I have not the floor to yield. It belongs to the condition in which this country is to-day and the necessity there is on gentleman from Mississippi, [Mr. SINGLETON.J the part of every branch of the Government to economize their ex- l!r. HOLMAN. Has not the previous questiOn been demanded 7 penditures. But the gentleman from Minnesota [Mr. DUNNELL] will The SPEAKER pro tempore. The Chair does not so understand. find that the salary of . 17,500 a year for foreign ministers was not Mr. SPRINGER. The gentleman from Mississippi before demo.nd- fixed by a democratic administration. In that he is mistaken. And ing the previous question yielded the floor t.o me. I have been speak- I claim that every foreign minister can live in a manner befitting his ing in his hour, but have said all I desire to say on this question. I station as a representative of this great Government in any of the thought it due to the House and the conferees on the part of the courts of the world upon $14,000 a year, the amount allowed by the House that some explanation should have been made, in view of the House bill. The idea that our foreign ministers m~t give court balls attitude of the Senate and our failure to come to an agreement upon and receptions, must have liveried servants, must dii.ve with gorgeous the disagreeing votes of t1ie two Houses on this bill. equipages on the boulevards, and ape the prodigality of princes in The SPEAKER pro tempore. Then the gentleman from Missis- order to be deemed respectable, is the sheerest nonsense imaginable. sippi will lose his right to the :floor at the expiration of one hour and Our ambassadors will honor themselves and meTit the respect of the the Chair is sure that that . is not what the gentleman from lfissis- world by assuming in all foreign courts the same simplicity of man- sippi desires. Does the gentleman from Mississippi demand the pre- ner which characterizes their countrymen at home. If they do this vious question f there will be no complaint that the salaries fixed by this House are Mr. SINGLETON. I do, sir; it will not cut off debate. insufficient. The SPEAKER pro ternpore. It will cut it off at the expiration of Mr. Speaker, this bill, fixing the salaries of consular and diplomatic one hour. representatives of this country was passed by this House with perfect Mr. WILSON, of Iowa. What does the gentleman call the pre- unanimity. I believe there were but two votes recorded against it vious queetion on 7 upon the call of the yeas and nays. To be accurate, the yeas were The SPEAKER pro tempore. On the motion to insist and ask a fur- 190, and the nays were 2. I regret, therefore, to see by the CONGRES- ther conference. SIONAL REcoRD that in another place this bill has been denounced as Mr. BLAND. I give notice now that I shall call for the regular "an enormity." That the action of this House, composed of a body order as soon as the hour expires. of intelligent men as anxious to subserve the public interest as any The SPEAKER pro tempore. The gentleman from Missouri can call gentlemen can be in the other end of this Capitol, after deliberating the regular order when it is not excluded by a privileged question. upon this measure for several weeks, and having passed it with the The Chair will state to the gentleman from Mississippi that it seems full knowledge of its contents-that that action and that this bill evident that three or four gentlemen desire to make remarks upon should be denounced as " an enormity" is something quite unaccount- tills subject and that it is evident from wba.t the Chair knows that able to me. Sir, I know of no "enormity" that haa passed this House it is the desire of the gentleman himself to close debate. By the at this session under the denomination of an appropriation bill. Is it consent of the gentleman from Mississippi the Chair will therefore " an enormity" to enact that the consul-general at Cairo shall have reco~Plize other gentlemen until such time as the gentleman from $3,000 a year instead of $4,000 f From the creation of this office down to Mississippi desires to call the previous question. the appointment of the present incumbent it has been disgraced from Mr. RANDALL. It must be within the hour. · year to year by the venality of those who have filled it. Is it "an Mr. HOLMAN. I trust the previou.S question will be called at once enormity" to say that the salary of that office shall be reduced a on this report. thousand dollars a year f There are other " enormities" of that kind The SPEAKER p1'0 t.empore. If the gent1eman fi:om Mississippi in this bill; but they are all in the interest of economy; they are all yields the floor without calling the previous question, debate may in the interest of the tax-payers of this country. And I believe that run on interminably. this Honse in passing this bill has represented the true sentiments of Mr. RANDALL. As I understand it the gentleman from Missis- the people. sippi who called up this report was entitled to one hour before his It has been said that the Senate would agree to another conference right to call the previous question expired. on this bill in the hope that "a better and truer sentiment" of the The SPEAKER vro tempore. The gentleman from Pennsylvania. House of Representatives would be represented upon another con- will readily understand that if the gentleman from Mississippi occu- ference committee. I cannot understand why such a statement should pies the hour or controls it, whether he occupies it himself or gives have been made. I supposed that, in taking the attitude that was it to others. he loses his right to the floor. taken by my colleague [Mr. SINGLETON] and myself, we were repre- Mr. RANDALL. He baa not yet occupied it, and he wants to call senting the House of Representatives on this subject, and, as I be- the previous question now, and I hope he will be allowed to do so. lieve, also the people of this country. And if the Senate expect to The SPEAKER pro ientpore. The only desire of the Chair is to pro- find in this House of Representatives any other m· different sentiment mote the business of the House; he has no personal feeling in the with regard to these bills, it has not been developed heretofore. matter. 51!34 CONGRESSIONAL RECORD-HOUSE. AUGUST 3, Mr. BURCHARD, of lllinois. The gentlema. ould be entitled to the expense of living abroad, and in many cases of the difficulty of one hour after be calls the previous question. making the ends meet-having had some knowledge, I say, and ex- Mr. HOLMAN. I propose after the previous question is seconded perience of this kind, I cannot honestly take the ground that the to raiso a point of ordor upon that question. salaries of our consuls and ministers abroad will fairly admit of much Mr. SINGLETON. I demand the previous question. reduction. That is my difficulty. Tho previous question was seconded and the main question ordered. My opinion is that, as a general thing, we have cut them down Mr. SINGLETON obtained the floor. about as low as they ought to be; and I cannot help thinking tbn.t Mr. HOLMAN. I now raise a question of order, and it is that un- they are about as low as the people. of the United States wou1cl wish der the rules a member is_only entitled to one hour after the previous them to be. That is the question at issue between the House and the question is seconded when he reports a bill from a standing or select Sonato. For myself, I do not think that we, as well-wishers of the committee of the House. I believe that that rnle docs not apply to country, as careful of its credit abroad as those who desire that tho reports from committees of conference. business of the country abroad should be creditably, efficiently, and 1\fr. RANDALL. Is not this a report from a committee. honestly done-I do not think that as persons having this feeling we Mr. HOLMAN. It is a report from a committee, but the rule relates should vote for much reduction of their salaries. on1y to reports from standing or special committees, and doos not ap- I do not say that there may not be individual cases, that there may ply to reports from conference committees. be a minister here and there who has more than is necessary; and The SPEAKER pro tempore. The gentleman from Indiana certainly perhaps a more careful scrutiny into cases of this kind would be de- does not dispute that the gentleman from Mississippi is entitled to an sirable. There may be a consul here and there, a case now and then, hour after the previous question shall be seconded. where too much is paid; there may be such cases. But I venture to Mr. HOLMAN. I think he is not under the rules entitled to the sa.y that they are few. My opinion is, that if we should go into a hour. I may be mistaken as to the rulo but that is my understand- very careful examin.•ttion of the salaries paid in all these cases, and ing of it. should hear evidence in regard to them, we should perhaps as oftou Mr. WILSON, of Iowa. I rise to a point of order. The gentleman find that it would be necessary to mise the salary of a consul or min- from Illinois [Mr. SPRINGER] bas just told us that be was talking ister as it would be to refuse it. I could perhaps name one or two in the hour of the gentleman from Mississippi. · Now, that being the pla.ces abroad where too much is paid, but as a general rule I would case, the gentleman from Mississippi after demanding the previous say that our representatives abroad in both of these great depart- question in his first hour has only a right to occupy the remainder ments receive no more than is necessary for them to live upon fairly of that hour. and decently, and I do not believe the American people desire to re- The SPEAKER pro tempor~. That is so. That is what the Chair duce them below tha.t. has ruled. The gentleman from Mississippi has occupied a portion As a general thing, then, admitting that there may be exceptional of his hour in advance and during that hour bas called the previous cases where I would vote for a reduction, as a general rule I am op- question, and ho is only entitled to the remaining portion of the hour. posed· to the reduction of the salary of consuls and ministers abroad But at the same the Chair overrules the point of order made by the below the point n.t which the law now fixes them. And, further, I gentleman from Indiana, [Mr. HOLMAN.] am opposed to a reduction of the number of our consuls abroad. I Mr. HOLMAN. I have not the rule before me, but perhaps the am opposed to abolishing any of our consulates except in two or three Clerk can turn to it. I do not think it relates to reports of commit- exceptional cases that might be named. As a general thing I am op- tees of conference. posed to reducing the .n umber of our ministers abroad. I do not think The SPEAKER pro tempore. The Chair will be glad to have the our foreign representation is any stronger, any more numerous, or gentleman from Indiana examine the rule, but for the present he more efficient than it ought to be. Having that feeling, of course I overrules the point of order. could not a.grc~ on this question with my colleagues on the conference Mr. SINGLETON. I yield to the gentleman from Ohio [Mr. MoN- committee on the part of the House. ROE] for ten minutes. Mr. KASSON. Will the gentleman from Mississippi [Mr. SINGLE- Mr. MONROE. Am I entitled to tho floor or is the question of or- TON] yield to me for five minutes, in order that I may submit some der still under discussion f statistics fur the use of the next conference committee f The SPEAKER pro tempore. The Chair has decided the question Mr. SINGLETON. I will after a. little while. The gentleman from of order and the gentleman frum Ohio is entitled to the floor. Indiana [Mr. LANDERS] haa asked me to yield to him for a few Mr. MONROE. I do not desire, sir, to occupy any length of time in minutes. · tho discussion of this question of the disagreements of the commit- Mr. LANDERS, of Indiana. I ask unanimous cons~nt to take from tees of conference to the various questions in issue between the the Speaker's table and have rl3ferred Senate bill No. 917. House and the Senate in connection with the several appropriation Mr. HOAR. What is the bill f bills. Those questions have been so much discussed on this floor and Mr. LANDERS, of Indiana. It is a bill for the renewal of a patent, at the other end of the Capitol, and so thoroughly reported and dis- and I ask that it be referred to the Committee orrt>atents f cussed in the newspa.p~rs, the House would perhaps weary if an at- Several members objected. tempt were made to extend this discussion to much length, and I have Mr. LANDERS, of Indiana. Who objects f no desire to do so. But as a member of the committee of conference The SPEAKER pro tentpm·e, (Mr. CLYMER in the chair.) Objec- I should hardly do justice to myself if I did not say a word in regard tions were heard by the Chair from several members. to this case. Mr. HOAR. I do not think that members understood it was merely The great causes of disagreement have been substantially stated for reference. by gentlemen who have already occupied the floor, but I ought per- Mr. LANDERS, of Indiana. I merely ask that the bill be referred. haps to add in justice to the Senate committee that there was one Many members objected. cause for disagreement which frequently came up in which offers wore Mr. SINGLETON. I now yield to the gentleman from Iowa, [Mr. made on both sides but on which there seemed to be no possibility of KAssoN.] agreement on the part of the committee of conference. Mr. KASSON. Mr. Speaker, I rise mainly to place upon record cer- The committee on the part of the Senate offered to accept and pn.ss tain statistical information which I think will be of use to gentlemen thiM Honse bill, or any House bill, reducing appropriations for our who may not have obtained it from the Departments and who may ministers and consuls abroau just aa much as the House should think require it in the succeeding conference. We have two branches of proper. They offered to receive and pass such a bill, and let it be- our foreign service: the consular and the diplomatic. The consular come a law, on condition that the House bill should contain nothing service is not paid out of the ordinary funds of the Treasury. It is which amounted to a repeal of existing legislation upon the subject. paid by fees collected upon foreign mercantile transactions, and Bnt the Senate coriunittee, on beha.If of the Senate, declined to pass should be expended for the benefit of the commerce of the country. favorably on any appropriation bill on this subject which should re- The first statement I submit is a comparison of tbe appropriations peal existing Jaw. They offered to pass a.ny bill making just such for consular salaries from the year 1856 to 1875, showing also how appropriations as the House should think proper, provided there was the revenue from fees has grown wit.h the increase of the consular no such repealing clause in it. service; the fees, however, in the larger mtio. In 1856 the salaries On the other hand, the House committee insisted that the appro- amounted to $280,000 in round numbers, with no report of fees. The priation bill should contain some clause repealing existing law, such next year the sabries amounted to 273,750 and the fees to ·110,802. a clause as this, for instance : That the appropriations herein made From that small beginning the consular service appropriation rose shall be held to be payment in full for the salaries of these officers in 1872 to $477,000 as the highest figure, while the fees have increased for the current fiscal year. Here wa-s an issue between the two com- to over 700,000. [See table foot of next page.] mittees which could not be reconciled; and it was on this point sub- This statement is important as showing that the facilities we afford stantially that we despaired of comingto an agreement. to commerce by consular appointments are actually increasing the Now, without discussing the propriety of the positions thus taken, revenue to the Trea~ury; and the effort to abolish those consular ap- I desire to say for myself, simply that I may be properly understood pointments where the fees are sma,ll is like a telegraph company that mY: difficulty may be regarded as even deeper, if possible, tha~ abolishing every office on its line that does not pay the expenses of t~at which tho Senate committee expr~ssed. One miD'ht say it lies a its maintenance. little further back, although perhaps It amounts to the same thing. Last year we reduced the payments from the figures of 1812 $333,000, The difficulty which I have always felt, as I had occasion to express while the fees are about $700,000. Hence I maintain that the de- t? the Ho~1se earlr in this session, is this: that having ~esided some struction of the consular service proposed in this bill is a de.., truction tliDe abroad, havrng some knowledge of the manner in which our pro tanto of the commercial interests of the country. I desire that consuls n,nd ministers abroad are paid, having known something of the next committee of conference may bear in mind that the consular 1876. CONGRESSIONAL RECOR.D-HOUSE. 5135 service is one which merchants pay for and that they have a right to year our appropriations for same objects were only $34:3,500, being demand its vigorous support, while they also pay in part for the uip- less than in Buchanan's period; thus correcting the errors which ba.ve lomatic service. appeared in statements by gentlemen touching the increased expenses I submit also the following statement of contingent expenses show- of th~ service under republican administrations. ing a yearly average from 1869 to 1873 of $1092759, about the same Diplomatic salaries in 1R60 and now : they were prior to 1860, in Buchanan's administration : In 1860 the appropriations for salaries of ministers was ..•••.•.•.•...•.•.. $296, 500 Salaries of secre~ries of legations ............ . • • • • • • •• • . • . • • • .. . . . . . • . • • . 51, 000 Expenses foreign interoourse, 1853 tO' 1873. On the 30th of .Tune, 1853, there were unexpended balances carried to the appro- Total ·-······················· .. ••• .. ••••• .. ••••• .. ••••••••• ......... 347,500 priations for the year ending 1854, as follows: In 1874 and 1875: Contingent expenses of miss1ons .......................... $47, 540 44 Salaries of ministers. . . . . . . . . . . . .. . . . . • • •. • • • • • • • • • • .. • • • • • •• • • • • . . • • . • • • • . 310, 500 Contingent expenses of foreibrn intercourse................ 9, 757 48 $5 , Sala.ries of secretaries of legation.......................................... 33, 000 7 297 92 Amount of appropriations for four years, {1853 to 1857). • • • • • • • • • • • • • • • 489, 263 78 Tot.'ll. . . . . . . . . . . . . . .. . . • . • . . • . . . . . . .. • . . . • . • • • . . • . • • . . . . . . • • . . . • .. . • • 343, 500 546,561 70 This amount the House bill proposes to cut down to $235,000. Unexpended balances on .Tune 30, 1857: Expenses diplomatic intercourse-Contingent expenses: Contingent expenses of missions...... . . . • . • . • • • • • . • • • • • $82, 319 00 Contingent expens~s of foreign intercourso... •• • ••• • • • . . 25,_ 000 00 Average per year, President Pierce, 1853 to 1857 ....................... . $1.09, 810 67 107, 3l9 00 Average per year, Pres1dent Buchanan, 1857 to 1861...... • • • • . • • • • • • • • • 120, 336 95 Average per year, President Lincoln, 1861 to 1865. . • . • • • • • • • • • . • • • • • • . . . 132, 283 75 Expended during four years, (1853 to 1857)....... ................ •• • •• 439,242 70 Average per year, President .Johnson, 1865 to 1869 .••••• ·................ 140,731 69 Average per year during Pierce's administration, (1853 to 1857) .••••••• · 109, 810 67 Average pe-r year, President Grant, 1869 to 1873 .•••••••••.•.•••••••.••• 109,759 91 Mr. SINGLETON. I now yield ten minutes to the gentleman from Unexpended balance on .Tune 30, 1857, (as above) . . . . . .•. ....•. .•.. .. . 107,319 00 Massa-chusetts, (Mr. THOMPSON.] Amount of appropriations for four years, (1857 to 1861) • • • • • • • • • • • • • • . 415, 000 00 [Mr. THOMPSON addressed the House. His speech is publishedelse- Unexpended balance& .Jane 30, 1861: S22, 319 00 where in this issue of the ~ECORD.] Contingent expenses of missions .••••••...•...•..••..••• 8228 79 During the delivery of Mr. THOMPSON'S remarks the following pro- Contingent expenses of foreigninteroourse ..•••...•..••• 40,742 40 40,971 19 ceedings took place: Mr. SINGLETON. I cannot yield to the gentleman further. There Expended during years 1857 to 1861 . • • . • • . • • • . • • • • . • • • • • • . • • . . • . . • • • • • 481, 347 81 are other gentlemen who desire to be heard. - Average per year during Buchanan's administration, (1857 to 1861).... 120, 336 95 Mr. THOMPSON. I seldom trespass upon the attention of the Unexpended balance on .Tune 30, 1861, {as above)...................... 40,971 19 House, and I hope I may be allowed to conclude my remarks. Amount of appropriation for four yeru:·s, (1861 to 1865) •• _..... • • • • . • • • • 510, 000 00 The SPEAKER pro tempore. The Chair will state to the gentleman from Mississippi [Mr. SINGLETON] that he has but eight minutes of 550,971 19 Unexpended b:lla.nces on June 30, ·1865: his hour left. Contingent expenses of missions ....•....•••.•••••.••••• $6,097 14 Mr. SINGLETON. I yield half of that time to the gentleman from Contingent expenses of foreign intercolll'Se .••.••••.••••• 15,739 04 Pennsylvania, [Mr. RANDALL.] 21,836 18 Mr. HOAR. I ask unanimous consent that my colleague [Mr. Expended during the years 1861 to 1865...... • . • • • • • • • • • • . • • . • • . • • • • • • ::;29, 135 01 i.l'HOMPSON] may be permitted to finish his remarks, and that the Average per year during Lincoln's administration, {1861 to 1865)...... 132, 283 75 time thus occupied shall not be taken from the time of the gentleman from Mississippi. . Unexpended balance on .Tune 20, 1865, (as above) . .•• •• .. . ••• . •. • •• • • • . 21, 836 18 Mr. BLAND. I cannot agree to that. Amount appropriated for four years, (1865 to 1869).................... 680, 000 00 M:r. KASSON. Then Imovethat thegentlemanhave leavetoprint 701,836 18 the remainder of his remarks. · · Unexpended balance .Tune 30, 1869: Mr. THOMPSON. I do not want to trespass upon the time of the Contingent expenses of missions ............... ~......... $8, 186 78 House; but this is a subject of great importance. Contingent expenses of foreign intercourse ..••••.••..... 130,722 61 138,909 39 Mr. RANDALL. I appeal to the House to allow the gentleman from Ma-ssatlhusetts additional time which shall not come out of the Expended during the years 1865 to 1869 ............. : . . . •• . . • • • • • . • • • . 562, 926 79 time of any one else. Average per year during .Johnson's administration, (1865 to 1869). ••• •• 140, 731 69 Mr. BLAND. I gave notice some time ago that I would not yield Unexpended balance on .Tune 30, 1869, (as above)...................... 138,926 39 my objection. · Amount of appropriations for four years, (1869 to 1873)............... 400, 000 00 The SPEAKER p1·o tempore. The Chair recognizes the objection of the gentleman from Missouri, [Mr. BLAND.] How much time did the 538,926 39 Unexpended bal.a.nce remaining in Treasury .Tune 30, 1873....... ... •• • 101,886 75 gentleman from Mississippi allot to the gentleman from ltlassachu- setts! 437,039 64 Mr. SINGLETON: Ten minutes. Average per year during Grant's administration, {1869 to 1873). • • • • • • • 109, 759 91 The SPEAKER pro tempore. The ten minutes have expired. The expenditure has not materially changed since 1873. Mr. SINGLETON. Some time ago. I dislike very much to inter- I also submit a statement of diplomatic salaries in the aggregate, rupt the gentleman ; but there are others who desire to be heard. including both secretaries of legation and ministers, showing that the Mr. RANDALL. I renew the request that the gentleman from · amount appropriated in 1860 for this purpose was $347,500, while last Ma-ssachusetts may haye the additional time he desires without taking it from the time of any other member. The SPEAKER pro ternpore. Is there objection to that proposition 7 Comparison of amoun.ts appropriated fm· consular salaries 'With the a11wunts Mr. BLAND. I object. of fee.s collected and 1·eturned to the Fifth Auditor of the 'Jlreasury for Mr. THOMPSON. Then I ask unanimous consent to have my re- the fi.scal years named. marks printed in their complete form. There was no objection. • Appropriations. Salaries. Fees re- · Mr. RANDALL. Mr. Speaker, there are but two material points turned. in the remarks of the gentleman from Massachusetts [Mr. THOMP- SON] to which I desire to refer in reply. The first point is as to_a $280,750 00 No report. seeming charge that this House has neglected its duty in respect to ~~tf~r; ~.~857::::::::::::_:::::: :::::::::::::::::::::: 273,750 00 $110,802 89 this bill. The bill was passed by this House as long ago as the 11th 110,896 78 of February; and I submit therefore that no blame whatever at- ifu~c~ 3~~9 ~::::::::: ::::::::::::::::::::::::::::::::: 235,000 00 99,113 23 taches to this Honse in that respect. 273,750 00 M.ay 26, 1860 ....•••••••••••••••••••••• - ................ . 268,750 00 77,590 21 February 28, 1861 ..................................... .. *329, :Wl 97 The next point in the objections of the dissenting gentleman from 152,982 54 Ma-ssachusetts to which I wish to refer is that relating to the change ~:~~:~!: ~~~i :::::::::::::::::::::::::::::::::::::::: 35l, 550 00 t416,354 34 254,218 34 of rule. Prior to this session the rule, under its practical construc- J"una 20, 1864 . .......................................... . t477,500 00 287, 108 00 tion, has been that any amendment increasing salaries could be ~~;W.t iti/~~: 2 ::::::::::::::::::::::::::::::::::::::: f450, 000 00 f425, 000 00 442,477 56. 424,099 17 placed upon an appropriation bill, but no amendment changing F ebruary 28, 1867 ...................................... . f43l, 500 00 435,179 73 law which decreased salaries could be. That rule we changed so as March 30, 1868 ......................................... . f400,000 00 459,722 43 to admit upon an appropriation bill any proposition which, being March 3, 1869 . ......................................... . f400, 000 00 534,670 79 germane to the subject-matter, reduced salaries or expenses. I admit r!~~~!~ ~~~ ~ ~::::: :::::::::::::::::::::::: :~: ::: ~: t376,663 00 632,258 22 t391, 200 00 '706, 907 95 that in this step the House effected a revolution of former rules. It t416, 000 00 746,594 80 was a revolution in the direction of economyandawayfrom the path ~~~~~;~~ :-:~: ~ ::::::::::::::::::::::::::::::::::: ~: t409, 000 00 715,202 94 of paBt extravagance. 364,500 00 697,988 4!) The gentleman from Massachusetts talks about the rights of the 333,200 00 !700, 000 00 people. Sir, it is the right of the people by means of frequent elec- tions to send to this House representatives who shall scrutinize the *This includes a. deficiency of $54,571.97. t This inr.ludes loss by exchange, estimated at $45,000 to ~48,000, The House bill manner in which the people's money is expended. And I say here to- proposes to reduce the appropriation for consular salaries to $294,900. day deliberately that the effect of that rule will be to reduce the ap- t Estimated. propriations of this year from those of last year, both Houses assent- 5136 CONGRESSIONAL RECORD-HOUSE. AUGUST 3, ing thereto, whether with or without coercion, to the amount of resolution which I send to the desk, correcting an error in enroll- $30,000,000. I say further that without any interference with har- ment. mony in administration those expenses might have been reduced The CJerk read as follows: $40,000,000. Nay, more; I say that next year we can add to the re- Resolved, {the Se:nate concurring,) That the Joint Committee on Enrolled Bills of ductions of this year the ten millions which au obstructive and a the two Houses be authorized to correct an error in the bill (H. R. No. 3963) by in- persevering Senate in behalf of extravagance prevented. And we can between serting the word "not" on the second rage of the enrolled bill next to the last 'line, the words "shall" and "be;' so tha.t the same sha.ll read, •• there shall o further. We can go ten millions further without any doubt. And not be a.coutract()r," &c. f hope, as it has beon the mission of this session oi Congress to reduce Mr. CLARK, of Missouri. I will state to the House, in explanation thirty millions, we will be able in the next session, with the light of that resolution, that the error spoken of occurred in an act tliat before ns derived from the operations of the year, to reduce twenty was passed by this House a few days ago to amend the postal laws so millions more; so that when this Congress sball1·eooh its conclusion as to prevent the vicious system of "straw bidding." The error was it will have the right to claim the merit of having reduced the ex- in leaving out the word "not" where it should be inserted. I will penditures of this Government between this Congress and the past state in this connection that the enrolling clerks of this House are not Congress to an extent of $50,000,000. to blame in this matter, as the error must have occurred before the And now, Mr. Speaker, in the present condition of things, with clerks enrolled the bill. ev-ery industry prostrated and every individual doing business, whether The resolution was adapted. of a manufacturin~ or a commercial character, reducing his expendi- l\!r. CLARK, of Missouri, moved to reconsider the vote by which tures and dischargmg his supernumerary employes, I ask is there any the resolution was adopted; and also moved that the motion to recon- other ground for this Houseto tread than that path which it has been sider be laid on the table. treading in favor of economy and against corrupting and extravagant The latter motion wa-s agreed to. expenditures by the Administration in power f The gentleman from Massachusetts has made a defense of tha PATRICK H. JONES. ground taken at the other end of the Capitol. There is not any jus- Mr. COCHRANE, by unanimous consent, from the Committee of tification whatever for any such defense, nor is there any light he can Claims, reported adversely on the bill (H. R. No. 2173) for the relief - shed upon the subject which bears him out in the discharge truth- of Patrick H. Jones, late postmaster of New York City; and the same folly and faithfully of his duties as a Representative, whose first duty waa laid on the table, and the accompanying report {)rdered to be it is to guard the money of the people. printed. .Mr. THOMPSON. Will the gentleman pause there for a question f ORDER OF BUSTh""ESS. Is it not tho first duty of a Representative to keep that oath which Several MEMBERS. Let us have the regular order of business. he solemnly takes to support the Constitution of the United States Y Mr. REAGAN. I ask unanimons consent- Mr. RANDALL. The Constitution of the United States ~uarantees The SPEAKER pro tempore. The Chair cannot recognize the gen- "n honest administration of the Government, and that IS what we tlemn.n in the face of the general demand for the regular order of are trying to bring about. But the gentleman is captious. He tells business. The morning hour now begins at four o'clock and five you that we have no right to make a change of this law upon an ap- minutes p. m., and the pending business is the consideration of a bill propriation bill. The gentleman is sadly ignorant; for if he had reported from the Committee on Mines and Mining, bein~ the bill (H. ~one back but two years he would have found a republican Congress R. No. 3635) to utilize the product of gold and silver mmes, and for m both branches absolutely incorporati.Jlg in the corresponding ap- other purposes, on which the previous question has been demanded propriation bill of that year an entire change of the diplomatic and by the gentleman from Missouri, [Mr. BLAND.] consular service under the guidance of the gentleman from Indiana THOMAS H. WILLIAMS. [Mr. Orth] then chairman of the Foreign Affairs Commh;tee of this House. Mr. REAGAN. I ask unanimous consent to take· from the Speak- .Mr. THOMPSON. I wisk to n.sk the gentleman if he does not sup- er's table a bill (S. No. 866) to remove the political disabilities of . pose I would condemn th"at in the one side as quickly as iu the othorf Thomas H. Williams, of Maryland, in order that it may be put on its Mr. RANDALL. Well, sir, we are simply in the interest of econ- passage at this time. It will take but a few minutes. It was passed omy doing what the republican party did in behalf of extravagance. by the Senate some time since. ;For while we were promised that that bill would reduce expenditures, The SPEAKER pl'o tempore. The Chair hears no objection, and the it absolutely increased them. And we only ask now th:t't the extrav- bill will be taken from the Speaker's table. agance of that net shall be traversed and reduced, and that these The bill was read a first aud second time, and ordered to a third foreign representatives be brought down to adequate and just sala- reading; and it was accordingly read the third time, and passed, two- ries. thirds concurring "therein. [Here the hammer fell.] ORDER OF BUSINESS, Mr. KASSON. I hope the ~entlemttn will look at tho figures as sub- Mr. RANDALL. I ask, by unanimous consent, that there may be mitted by me to-day, comparrng the expenditures under this Admin- some arrangement by which the gentleman from Ohio [Mr. GARFIELD] istration with those under the democratic administration of Buch- .Bhall ha ye an opportunity of replying to the speech of the gentleman anan. from Mississippi [Mr. LAMAR] deli\ered on yesterday. The other side The SPEAKER pro tempore. The question is, Will the House agree of the House were liberal in gi\iug the gentleman from Mississippi to the conference asked by the Senate ' as much time as he desired, ani:. I think it no more than right the The question being taken, the motion was agreed to. same courtesy should be extended to the gentleman from Ohio. FINAL ADJOURNMENT. Whether the gentleman from Ohlo shall take the floor now is for the House to determine. I understand the gentleman from Ohio is ready Mr. MORRISON. I rise to make a privileged report. The Com- to go on this evening. · mittee of Ways and Means have directed me to report the resolution Mr. GARFIELD. Although it is a late hour of the day, I am will- which I send to the desk and recommend its adoption. ing to proceed. The Clerk read as follows: Mr. RANDALL. Then I move that the rules be suspended aud Resolved, (theSJ'IW.teooncurring,) Th&t thePresidentof the Senate and the Speaker the House resolve itself into the Committee of the Whole on the state of the House of Representatives be: and they are hereby, dirooted to adjourn their of the Union. ~~~fc!~~~:.ouses without day on Monday next, August the 7th, 1876, at twelve Mr. BLAND. That motion cannot be made, as we are now in the :Mr. MORRISON. Upon that resolution I call the previous ques- morning hour. ~. . .T he SPEAKER pro tempore. The ruling in regard to the matter is The previous question was seconded and the main question ordered. very plain. The SPEAKER p1·o tempore. The question is on agreeing to the Mr. RANDALL. My motion is in order, a;nd I hope it will be put resoluti.on reported by the gentleman from Illinois. to the House. Mr. WAD DELL. I call for the yeas and nays on adopting that Mr. BLAND. That cannot be done until after the morning hour. resolution. The SPEAKER pto tempore. A maJority of the House can -at any On the question of ordering the yeas and nays, there were-ayes time suspend the rules and go into the Committee of the Whole. 24, noes 129. Mr. BLAND. Let me make a statement. To-morrow I cannot have The SPEAKER pro ternpore. The affirmative!is not one-fifth of the the floor because it is private-bill day, and the gentleman from Ohio whole vote. · can go on with his speech then. I am willing to yield him all the Mr. POPPLETON. I call for tellers on the yeas and nays. time lle desires to-morrow, but rhope the House will go on with the The question being taken on ordering tellers, there were ayes 18; regular order in the morning hour instead of going into Committee not one-fifth of a quorum. of the Whole at this time. So tellers were not ordered, the yeas · and nays were not ordered, The SPEAKER pro tempore. The motion to go into Committee of and the resolntion was adopted. the Whole can be made at any time; and when made and a-greed to Mr. MORRISON moved to reconsider the vote by which the reso- it necessarily supersedes the morning hour for the time being. The lution was adopted; and also moved that the motion to reconsider question will be first pnt on the motion of the gentleman from Penn- be laid on the table. · sylvania. The latter motion was agreed to. Mr. WARD. I ask the gentleman to yield to me for a moment. Several MEMBERS. Regular order. CORRECTION OF ERROR IN.ENROLLl\fENT. Mr. BLAND. I hope the gentleman from Pennsylvania will a,Uow Mr. CLARK, of Missouri. I ask unanimons consent to offer the the morning hour to proceed. Evidently it will bring about a state 1876. C.ONGRESSIONAL RECORD-SENATE. of feeling which will not allow the gentleman from Ohio to go on this ANNA ELLA CARROLL A.L.'\TD CHARLES W. SCOTI. evcnin~ or to-morrow. Mr. MAcDOUGALL, by unanimous consent, from the Committee The SPEAKER pro tempore. This is not a matter of discussion. on Military Affairs, reported the testimony taken by that committee The quest,ion is on the motion of the gentleman from Pennsylvania in support of the claim of Anna Ella Carroll and Charles "\V. Scott, to go into Committee of tho Wholo. · relative to the military operations on the Tennessee River in the The Honse divided; and thore were-ayes 104, :Boos 58. years 1861 and 1862; which was recommitted to the committee, and Mr. LANDERS, of Indiana. I dem:1ond the yeas and nays. ordered to be printed. The :veas and nays were ordered. Mr. MAcDOUGALL moved to reconsider the vote by which the Mr. HOLMAN. I ask nn::tnimous consent, for the benefit of the testimony was recommitted to the committee ; and alao moved that gentleman from Ohio, thn.t he be permitted to go on this evening, the motion to reconsider be laid on the table. with the understanding that to-morrow morning the morning hour The latter motion was agreed to. shall be given to the current business now pending in the morning Mr. CONGER. I now demand the regular order, so that we may hour. see if we will have a chance to be heat·d upon this _side of the House, Mr. KASSON. Does the gentleman from Indiana refuse the courtesy or not. extended by this side of the House yesterday 7 Mr. BANNING. You will have a chance to be heaf(l. Mr. HOLMAN. We propose to extend that courtesy to the gentle- The que&tion was put upon the motion of Mr. STONE that the House man froo Ohio. adjourn; and on a division, there were-ayes 114, noes 44. Several MEMBERS. Regular order of business I Mr. RANDALL. Before the result of the vote is announced I de- :Mr. HOAR. The gentleman from Indiana evidently does not mea.n sire to ask unanimous consent that the gentleman from Ohio [Mr. that there shall be an evenin~ session. GARFIELD] shall be heard on Saturday immediately after the reading :Mr. HOLMAN. I wish to g~ve the gentleman from Ohio the whole of the Journal. [Cries of "Regular order."] evening. Mr. MILLS. That is in accordance with an agreement the other The SPEAKER pro tempore. This discussion, members must recog- day, and I trust there will be no objection to it on this side of tho nize, is entirely out of order. The gentleman from Indiana asks House. unanimous consent, and there are a· dozen cries for the regular or- . Mr. HOLMAN. I ask leave that the gentleman be allowed to· der. The regular order is the call of the roll on the motion of the morrow morning after the morning hour. gentleman from Pennsylvania that the House now resolve itself into Mr. MILLS. I am willing to agree to that. [Renewed cries of" Reg· Committee of the Whole on the state of the Union. ular order.''] Mr. HOLMAN. I hope the unanimous consent asked by me may The result of the vote on the motion of Mr. STOYE was then an· be put to the House. We (lcsire to give the gentleman from Ohio nounced as above recorded; and accordingly (at fonr o'clock and an opportunity to be heard to-night. twenty minutes p.m.) the Honse adjourned. The SPEAKER pro tempore. There were a dozen calls for the regu- lar order while the gentleman was asking for unanimous consent. Mr. HOLMAN. I think my proposition was not understood. The SPEAKER pro temp'>re. The Chan· will hear the gentleman now. IN SENATE. Mr. HOLMAN. I a-sk that the House go int.o Committee of the Whole without calling the yeas and nays-at once-so the gentleman FRIDAY, August 4, 1876. from Ohio may proceed with his speech. I think that is fair and right; but with the understanding that t.o-morrow morning the morn- The Senate met at twelve o'clock m. ing hour shall be devoted to the regular, current business. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Mr. PIERCE. I object. - . On motion of Mr. BOUTWELL, and by unanimous consent, the Mr. MILLS. I move +,o change the order so that the gentleman reading of the Journal of yesterday's proceeilings was dispensed with. from Ohio shall have the floor to-morrow morni11g. [Cries of "Regu- CORRECTION OF ERROR IN E~mOLLl\IENT. lar order."] The PRESIDENT pro tempore laid before the Senate the following Mr. STONE. I move that the Honse do now adjourn; and upon concurrent resolution of the House of Representatives : that. motion I call the yeas and nays. · Resolved, (the Senate concurring,) That the Joint Committee on Enrolled Bills of ENROLLED BILLS SIGNED. the two Houses be authorized to correct au error in the bill (H. R. No. 3963) by in· serting the word "not" on the second page of the enrolled bill next to the last lineil PenWAkthe motion to adjourn, between the words "shall" and "be;' so that the same shall read, "there sha Mr. ILTON, of Indiana, from the Committee on Enrolled Bills, not be a contractor," &c. reported that the committee had examined and found truly enrolled Mr. HAMLIN. I hope the Senate will act upon the resolution at bills of the following titles; when the Spe!J.ker signed the same: this time. It is right. In the enrolling of the bill, by some· process An act (H. R. No. 810) making appropriations for the support of or other, the word "not" got knocked out. It should be restored, the Military .Academy for the fiscal year ending June 30, U377; andand the bill will then state precisely what it should do. Mr. ANTHONY. I concur, of course, in what the Senator from .A.n act (H. R. No. 1336) to establish a new land district in the Ter- ritory of Wyoming. · Maine says. This is the second instance we have had this week of an WITHDRAWAL OF PAPERS. error in enrollment. I introduced a resolution some time ago requir· ing enrolled bills to be in print. They would be much less liable to On motion of Mr. GUNTER, by unanimous consent, leave was error. It would take no longer to print them than to enroll them, ~ranted for the withdrawal from the files of the House of the papers and then they could not be altered after thev were enrolled. m the case of Charles Agliff, of Pulaski County, .Arkansas. Mr. SHERMAN. The Senator has not caUed up his resolution. Mr. CONGER. I did not hea.r the statement made that there had Mr. ANTHONY. It was referred to the Committee on Rules. been no adverse report in that case, and unless that is so I should Mr. SARGENT. If the Senator will couple it with another condi· . have objected to the withdrawal. tion, and that is that no bill shall pass the respective Houses later The SPEAKER pro tem,pore. The Chair has given instructions that than two days before the adjournment, it will be possible for it to no papers shall ever be withdrawn unless the statement is made thatoperate. there has been no adverse report in the case. The Chair thinks the Mr. ANTHONY. That is the rule now. statement wa-s made in this case at the Clerk's desk, and it was a Mr. SARGENT. But it is always suspended. If yon make the rule mere omission to make the statement. effective, then the suggestion of the Senator from Rhode Island LEAVE OF ABSENCE. would have force. That was the objection that I made before. The rule stands all through the session but is suspended near the close. Mr. W .ALLACE, of South Carolina, was granted an extension of the When you come to the .last night of the session you cannot print the leave of absence heretofore granted him, for ten days. bills. Mr. HENDEE was gran•,ed lea.ve of absence for ten days. The resolution was concurred in. Mr. HAYS was granted leave of absence for ten days. Mr. GLOVER was granted leave of absence for ten days from Satur- ADJOURNMENT SINE DIE. day next. • The PRESIDENT pro ternpo-re laid before the Senate the following Mr. JENKS was granted leave of absence indefinitely from Friday concurrent resolution of the House of Representatives: next. Resolved, (tM Senaie concurring,) That the President of the Senate and the Speaker CONSULAR AND DIPLOMATIC APPROPRIATION BILL. of the House of Representatives be, and they are hereby, directed to adjourn their respective Houses without day on Monday ne.x.t, August the 7th, 1876, at twelve Mr. RANDALL moved to reconsider the vote -by which the Honse o'clock noon. - . . insisted on its disagreement to the amendments of the Senate to the Mr. WINDOM:. I move the reference of the resolution to the Com- consular and diplomatic appropriation bill; and also moved that the mittee on Appropriations. motion to rer.onsider be laid on the table. Mr. KERNAN. I suggest to the Senator whether it ill neceBSary to '.i'he latter motion was agreed to. · refer it to a committee. .- - The SPEAKER appointed as conferees on the part of the Honse on Mr. WINDO:l\1. I think that has been usual. the disagreeing votes of the two Houses on the amendments of the Mr. MORRILL. Always. Senate to the consular and diplomatic appropriation bill Mr. SINGLE· Mr. KERNAN. The time is so short that I think we ought to act on roN, Mr. -HQLHAR, nnd Mr. FOSTER. it now. If we do not hurry.up, I am afraid we shall never get awa;J. IV-322 5138 CONGRESSIONAL RECORD-SENATE. AUGUST 4, The PRESIDENT pro tempore. The question is on the motion of his letter that there is a sufficient appropriation to pay them. I the Senator from Minnesota to refer the reoolution to the Committee only state what is asked for and the necessity for its passage by the on Appropriations. Secretary of War and the Commander of the Army in reference to the The motion was agreed to. • restoration of these scouts; and that is what is provided for in the bill. OSAGE LANDS L~ KANSAS. Mr. EDMUNDS. I do not rise to oppose this, because my friend knows all about it and I do not, but I only want to make this ob- The Senate proceeded to consider ita amendments to the bill (H. servation : that taking up matters at the time they are reported is R. No. 362.1)) providing for the sale of Osage ceded lands in Kansas to unjust to the other matters that have been before reported and are actual settlers, disll.greed to by the House of Representatives. on the Calendar, and it takes up the time of the morning hour that On motion of Mr. INGALLS it was would be left to get up those cases to which there would be no ob- RuoZved That the Senate insist upon ita amendments to the said bill, dis.'logreed jection if they could have a chance. I willnotobjectin this instance, to by the House of Representatives, and agree to the conference asked by the but I do not think as a general rule it is quite just to the cases that Holl86 on the di.sa,areeing votes of the two Houses thereon. have been already reported. By unanimous consent, it wa8 Mr. LOGAN. I agree that it is not just to cases that have been Ordered, That the conferees on the part of the SenatoJ>e appointed by the Pres- already reported, and if other Senators would refrain from calling up ident pro telnpoTIJ. their billa I should certainly do so, but I see the Senators all around The PRESIDENT pro tempore appointed Mr. INGALLS, Mr. EDMUNDS me doing it. There has not been a bill reported from the Military and :Mr. KERNAN as the committee on the part of the Senate. Committee called up for several days and I might say for weeks almost. PETITIONS AND l'tiE"MORIALS. I think this is a most important bill. Mr. BOUTWELL presented a memorial of a committee of the Mr. EDMUNDS. I have not objected, I beg the Senator to under- Massachusetts Medical Society, in favor of the metric system of stand, but after this I shall object. weights and measures; which was referred to the Committee on By unanimous consent, the Senate, as in Committee of the Whole, }l.nance. proceeded to consider the bill (S. No. 1007) concerning the employ- Mr. JONES, of Florida, presented the petition of John Hayes, ment of Indian scouts. It repeals so much of the Army appropriation Louis Rheb.Edward P. Walsh, and others, citizens of the District of act of July 24, 1876, as limits the number of Indian scouts to three Columbia, praying for the passage of the bill (H. R. No. 3435) pro- hundred and continues in force sections 1094 and 1112 of the Revised viding for the adjustment of claims against the District of Colum- Statutes, authorizing the employment of one thousand Indian scouts. bia, and for other purposes; which was referred to the Committee It also provides that a proportionate number of non-commissioned offi- \ on the Judiciary. cera may be appointed. The scouts, when they furnish their own horses Mr. HAMLIN presented the memorial of George M. '\Veston, re- and horse equipments, are to be entitled to receive forty cents per monstrating against anv alteration in the amount of pure silver in day for their use and risk so long as thus employed. the one-dollar coin, as established by the original Mint act of 1792, The bill was reported to the Senate without amendment, ordered and in favor of the repeal of all laws which now obstruct its coin- to be engrossed for a third reading, read the third time, and passed. age; which was referred to the Committee on Finance. NORTH CAROLINA STATE RECORDS. Mr. BRUCE presented the petition of 0. S. B. Wall and others, Mr. LOGAN. The joint resolution (H. R. No. 152) instructing the citizens of the District of Columbia, praying a grant of public land Secretary of War to forward to the State of North Carolina authen- for the purpose of endowing a home for the indigent poor of the ticated copies of certain State records captured in 1865 has been re- District of Columbia; which was referred to the Committee on the ferred to the Committee on Military Affairs. I ask that the commit- District of Columbia. tee be discha,rged from its further consideration, and then I shall REPORTS OF COMIDTTEES. move its indefinite postponement, having a letter of the Secretary of Mr. THURMAN. I am instructed by the Committee on Private War on the subject. Land Claims, to whom .was referred the bill (H. R. No. 534) for the The motion to discharge the committee was agreed to. relief of Rosetta Hert, (late Rosetta Scoville,) Charles C. Benoist, Mr. LOGAN. I ask that the letter of the Secretary of War be read Emily Benoist, and Logan Fanfan, half-breed Indians, to ask to be and go in the RECORD to show the reason why the joint resolution is discharged from its further consideration and that it be referred to not passed. the Committee on Indian Affairs. The reference to the Committee The Chief Clerk read as follows: on Private Land Claims was plainly a mistake. WAR DEPARTMENT, Washinaton Oity, Jtdy 27, 1876. The report was agreed to. Sm: In reply to your letter of the 20th instant, inclosing copy of House resolu· Mr. THURMAN, from the Committee on Private Land Claims, to tion No. 152, instructing the Secretary of War to forward to the State of North whom was referred the bill (H. R. No. 1997) to grant title to certain Carolina authenticated copies of certain State records captured in 1il65, and re- ' lands to the heirs of Caleb L. Brayton, submitted an adverse report questing information thereon, I have the honor to state there aro in the archko thereon; which was ordered to be printed, and the bill was postponed office of the Department two letter books of the executive of North Carolina1 one of six hundred and forty pages _(demy) of closely written matter, another of sixty- I indefinitely. nine pages same size. _ Mr. LOGAN, from the Committee on Military Affairs, to whom was A copyist could not, it is thought, copy and compare more than ten pages a day. referred the joint resolution (H. R. No. 96) to provide for the protec- With the amount of work on hand, it is dovbtful whether a clerk conlcl well be tion of the Texas frontier on the Lower Rio Grande, reported it with spared for seYenty consecutive days for this work, particularly if the clerical force should be reduced. amendments. It is res:pectfully su~gested that if the resolution should pass provision be made INDIAN SCOUTS. for defraymg the expense of copying these records. Mr. LOGAN. The bill (S. No. 1007) concerning the employment of Very respectfully, your obedient servant, J. D. CAMERON. · Indian scouts was referred to the Committee on Military Affairs. Secretary of War. There has been no meeting of the Committee on Military Affairs since Hon. JoHN A. LoGAN, the reference, and on account of the ·importance of the bill, and in Ohairman of Oommittee on Military Af:irr, order that it may be considered at this time, I move that the com- United tates &nat& mittee be discharged from its further consideration. Mr. LOGAN. I move on that ground the indefinite postponement The motion was agreed to. · of the joint resolution. Mr. LOGAN. I now ask for its present consideration; it will take Mr. MERRIMON. I ask the Senator from illinois to allow this but a. moment to pass it. I will explain that it is recommended by resolution to go upon the Calendar. the Secretary of War and by the General of the Army. The Pay- Mr. LOGAN. For what purpose f master-General wrote me a letter saying it will need no new appro- Mr. MERRIMON. I would rather it should go there for the present. priation. There is money enough now in the appropriation bill to 11-Ir. ALLISON. Why not amend the resolution by providing for pay these scouts, for the reason that of the thousand men provided the payment of this expense f for in the Revised Statutes which this bill asks t~ re-instate there Mr. LOGAN. I haY'e no objection to its going on the Calendar. were never more than three huntlred, as many as are provided for in The PRESIDENT pro tempore. It will be placed on the Calendar. the Army bill, employed at any one time. Therefore the appropria- !.1r. LOGAN. But let it go with my report as an individual against tion will be entirely sufficient to cover this bill if it passes. The its adoption. I will say to the Senator from North Carolina that in- necessity of it is that they may all the time be gathering these scouts. asmuch as it is of interest to these people to have the records, if they They are killed off, and many serve but a short time. In that way have a mind to propose an appropriation for that urpose there would they will not keep more than the number that is provided for in the be some reason for passing the resolution; but inasmuch as the ap- appropriation bill at any one time. 'fhe Revised Statutes in provid- propriations are being cut down and the number of clerks cut dowu, ing for the organization of the Army, section 1094, provide for " a I do not feel it my duty to propose appropriations for the purpose of force of Indian scouts not exceeding one thousand." Then in section copying letter-books for the benefit of a governor, and that is all the .1112: benefit I can see to be derived from it. It is for tho benefit of some The Presid11nt is authorized to enlist a force of Indians, not exceeding one thou- individual. sand, who sha.ll act as scouts in the Territories and Indian country. They shall Mr. CONKLING. Has not objection been made to this resolution f be discharged when the necessity for their service shall cease or at the discretion The PRESIDENT pro. tempore. It has gone on the Calendar. of the department commander. The Army appropriation bill provides for only three hundred, and REPORTS OF COMMITTEES. the bill provides without making an appropriation that the number Mr. EDMUNDS. I am authorized by the Committee oc the Judi- ,llhall not be restricted. The PaY.ma.ster-GeJ:~e~al, as stat~d, says ~. ciary, to whom was referred the bill (H. R. No. Z736) t,, remove the 1876. CONGRESSIONAL RECORD-SENATE. 5139 political disabilities of N.H. Van Zandt, of Virginia, to report it hns failed for want of time. I understand there is no objection to it, favorably, with an amendment. This applicant was dismissed from and very likely in the game of bounce here I might succeed by aned by the Secretary of the Interior. that all may have an opportunity without striving with each other for the ear of the Chair. As I say, although I do not like to make The point to which the Senator from Rhode Island called the at- objection, I wish the Senators who have bills in which they are inter- tention of the Senate wn.s that there was no Public Printer so enti- ested (there are a number here th:1.t I think ought to be acted upon) tled at t.he time the bill was before us, and coi}sequent.ly the clause would allow us to take up the Calend:1.r and run along morning aft.er in the sundry civil bill did not a.bolish that office or any office. I was morning, and I think in that way they could secure the consideration of the same impression upon a hnst.y examination of the statute, but of their bills. the matter was referred to the Committee on Appropriations, and I Mr. EDMUNDS. That is a very good idea. find in the earlier statutes provisions that the Printer should be des- The PRESIDENT p1·o te11tpm·e. Is their objection to the proposi- ignated or called Public Printer. Upon further examination I find tion of the Senator from New York f thnt in 1874 the following provision was passed: Mr. SARGENT. It is a very good nlle to dispose of uno~jected For compensation of the Congressional Printer, and the clerks and messengers ca-ses, but suppose we should come to a case which was p:ntia.lly dis- for in his office, $13,917 : PrcnJided, That so much of the act entitled "An act providing t.he election of a. Con~ressional Printer," 11.p proved February 2-2, 1867, as pro- cussed in the morning hour, as the De Haven bill yesterday, which vides for the election of such officer by the Senate, ~d provides that such officer was laid over. Some one makes an objection and wants to consider shall bo deemed an officer of the Senate, shall cease and determine and become of it. I do not know how we are to get up a bill of that kind unless by no effect from and after the date of the first vacancy occurring in said office; that some broader arrangt>ment than that proposed by the Senator from officer the title of said otticer shall hereafter be Public Printer and he shall be deemed an of the United States, &c. New York. I should like to show, if I had an opportunity, that the committee were right in their view of the law upon which the report So that at the time the sundry ci vii bill was pending the title of in that case was made. I have examined it with considerable care that office was Public Printer, made so by statute, and there ii no since yesterda~ and I am prepared to satisfy the Senate that not necessity for any change. only the facts and the equity are clear in favor of the case, but the Mr. CAMERON, of Pennsylvania, from the Committee on Foreign strict law also. Relations, to whom was referred the bill (S. No. 994) to amend sec- Mr. CONKLING. If my friend will allow me to suggest that if tion 2931 of the Revised Statutes of the United States so a.s to allow this rule ~hould run through a fra-ction of the morning hour and a repayment by the Secretary of the Treasury of the tonnage.. tax where case is objected to it loses nothing, because the Senator can move at it has been exacted in contravention of treaty provisions, asked to be any time to take it np. Simply the residue of the morning hour would discharged from its further consideration, and that it be referred to be given to the unobjected cases on the Calendar for two or three morn- the Committee on Finance; which was a~reeu to. ings. If the Senator will pardon me one moment, take a.s an example Mr. WRIGHT. The Committee on Clarms, to whom were referred the case of one claimant who wants a patent extended. It is simply the petition and papers of Jackson Tibbetts and others, emplo~·es of ~n exceptional case. He is a blind man, entirely blind, and the Sen- L. J. and J. Day and T. W. Call, late contractcrs of the Fox River ate and House have both passed his bill at a previous session, and it improvement, praying that the amount fOrfeited to the U:1itnd Ctates · • 5140 CONGRESSIONAL RECORD-SENATE. AUGUST 4, by the contractors by the annulment of their contracts ~e applied to (S. No. 288) granting the right of way to t.he Birmingham and Saint the payment of wages due them, have had the same aga.m under con- Lou:is Railroad Company through the public domain, and for other sideration (the matter havin~ been recommitted to the committee) purposes, submitted an adverse report thereon; which was ordered to and have reached the conclusiOn heretofore reported, that the claim be printed, anu the bill was postponed indefinitely. should be rejected; and I now report the same ba{)k and make such He a.Iso, fro~ the same committee, to whom was referred the bill recommendation. The Senator from Wisconsin requested.; upon the (S. No. 572) for the relief of settlers upon the reserved Government supposition that there was a bill in the case, that it shoul the Committee on Indian Affairs. Rock, at tbe entrance of Narraganset Bay. Mr. ALLISON. It is reported by that committee. · }r!r. INGALLS. I object. The bill was reported to the Senate. The PRESIDENT pro tentpo1·e. The bill will be passed over. Mr. EDMUNDS. I want to ca-ll attention to one thing in this bill. The next bill on the Calendar was the bill (H. R. No.1398) to regu- ( l should like the Seocetary to read again the provision in the first late the practice of pharmacy in the District of Cofnmbia. 1876. CONGRESSIONAL RECORD-SENATE. 5143 Mr. ALLISON. I object. ANDREW J, BARRETT, The next bill on the Calendar was the bill (H. R. No. 2454) amend- The next bill on the Calendar was the bill (H. R. No. 648) for the ing the laws granting pensions to the soldiers and sailors of the war relief of Andrew J. Barrett. of 1812 and their widows. Mr. EDMUNDS. That wa8 a subject that was under debate be- Mr. EDMUNDS. I think that had better go over. fore, and there was opposition to the bill; and therefore it will take Mr. INGALLS. I think the Senator from Vermont inadvertently a little time. I think it had better go over. objected to that bill perhaps. Mr. CAMERON, of Wisconsin. I do not think it will really take Mr. EDMUNDS. If that is the old 1812 pension bill, I did not in- any time. The bill is accompanied by a brief printed report, and I advertently object. think if the Senator will hear the report read he will be satisfied Mr. INGALLS. I did not know but that it might have been done that the bill ought to pass. inadvertently; but I think if he would hear it read he would have Mr. ED:MUNDS. I was satisfied quite otherwise before, bot I will no objection. look at it again, if the Senator will let it go over, and he can call it Mr. EDMUNDS. I will hear it read subject to objection. up at another time. The Secretary proceeded to read the bill, but before concluding- Mr. CAMERON, of Wisconsin. That is the trouble; I have been Mr. EDMUNDS. There is no use in reading that bill. It is the one trying to get it up for some time, but I have not been able. I supposed it was, and there are some parts of it which will neces- Mr. EDMUNDS. Unless the Senate is willing to take •little time sarily lead to debate and which ought not to pass. There are some to consider it, it bad better go over. parts of it I am for; but there is no use in wasting time. Mr. CONKLING. If the Senator from Vermont on examination Mr. INGALLS. We might pass the part you are for. withdraws his objection, we can go back. Mr. EDMUNDS. I have no objection to that, if yon will do it by Mr. CAMERON, of Wisconsin. Very well. unanimous consent. The PRESIDENT pro tempore. The next bill will be reported. Mr. CONKLING. The regular order, Mr. President. RICHMOND FEMALE INSTITUTE. SECU!UTY ON WRITS OF ERROR AND APPF~. The next bill on the Calendar was the bill (S. No. 780) for the The next bill on the Calendar was the bill (S. No. 307) concern- relief of the Richmond Female Institute, of Richmond, Virginia. ing security on writs of error and appeals, and for other purposes; Mr. EDMUNDS. That raises one of the old questions. It had bet- which was considered as in Committee of the Whole. ter go over. The Committee on the Judiciary reported an amendment to strike The PRESIDENT pro tempore. The bill will be passed over. out all after the enacting clause of the bill and in lien thereof to in- Mr. WITHERS. Does the Senator object to that f sert the following : Mr. EDMUNDS. Yes, sir. It raises the old question of damage That the six hundred and thirty-first and the six hundred and thirty-third 800· as well as mere hiring, as I see by the language of the bilL tions of the Revised Statutes be, and are, eo amended that the words " f50" where- Mr. COCKRELL. It is a mere question of rent. ever they occur therein shall read and be "$300." Mr. WITHERS. Rent of a college. SEc. 2. That where a cause in equity, admiralty, and maritime jurisdiction shall Mr. EDMUNDS. But the bill says it shall be in full for all dam- not be subject to appeal to the Supreme Court, the circuit court shall not be re- quired to find or state the conclusions of fact aud law upon which it gives its de- ages, &c. cree. Mr. CONKLING. The Senator is out of order; he has objected, and that is the end of the bill now. The amendment was agreed to. Mr. W.ITHERS. Of course, if the Senator objects, that settles it Mr. COCKRELL. I object. for the present. · Mr. ALLISON. It is too late for an objection. The PRESIDENT pro tempore. The next case will be reported. The PRESIDENT pro tentpore. The objection comes too late. The bill was reported to the Senate as amended, and the amend- BILI.8 OBJECTED TO. ment was concurred in. The next bill on the Calendar was the bill (S. No. 92) to survey the Mr. CONKLING. I rise to make a statement to the Chair. The AUBtin-Topolovampo Pacific route. Senator from Missouri happened to be diverted as I saw, for a moment Mr. EDMUNDS. I think that may go over. in the rear of the Chamber, but as soon as he heard the bill, he came The PRESIDENT pro temp , ore. The bill will be passed over. forward and objected to it. I think it is pretty sharp to say that The next bill on the C:tlendarwas the bill (H. R. No. 2287) for the that is too late. relief of Peters & Reed, naval contractors at Norfolk navy-yard in The PRESIDENT p1·o tempore. The bill was in committee consid- the year 1860. ered and the amendment agreed to. If the Senator from Missouri Mr. BOUTWELL. That will give rise to debate. states that he objected to the bill when it was up for consideration, The PRESIDENT pro tentopre. The bill will be passed over. the Chair will entertain it. Mr. WITHERS. I call for the regular order. Mr. CONKLING. He objected as soon as he found out what it was. The PRESIDENT pro tempore. The regular order is called, which Mr. COCKRELL. It is not the bill I thought it was. I withdraw is the post-route bill, the unfinished business of yesterday. my objection. Mr. CONKLING. Does the Senator mean thatbytheregnlarorder, The bill was ordered to be engrossed for a third reading, read the the unfinished business J third time, and passed. Mr. WITHERS. Yes, sir. ·RATES OF PENSIO:Y. Mr. McMILLAN. I ask the Senator from Maine to yield to me for The next bill on the Calendar wa-s the bill (S. No. 234) to amend the purpose of moving that the Senate proceed to the consideration section 4698 of the Revised Statutes of the United States so as to al- of the bill (S. No. 832) to increase the pension of Helen M. Stans- low a pension of $37 per month to soldiers who have lost an arm and bury. a leg, in lieu of $24 per month now allowed; which was considered as Mr. HAMLIN. There are a. hundred just such cases on the Calen- in Committee of the Whole. dar. The Committee on Pensions proposed to strike out all after the en- Mr. DAVIS. If the Calendar of unobjected cases is not to con- acting clause of the bill, and in lieu thereof to insert : tinue, I ask the favor of the Senate for the floor. That evenr person entitled to a pension under the provisions of section 4698 of RIVER AND HARBOR BILL. the Revised Statutes of the United States, and who bas lost one band and one foot, A message from the Honse of Representatives, by Mr. G. M. ADA.l\18, ehnll be entitled to a pension of $37 per month. SEc. 2. Th.'\t this act shall take effect from and after the 1st day of September, its Clerk, announced that the House had disagreed to the amendments 1876. of the Senate to the bill (H. R. No. 3022) making appropriations for The amendment was agreed to. the construction, repair, preservation, and completion of certain pub- The bill was reported to the Senate a.s amended, and the amend- lic works on rivers and harbors, and for other purposes, asked a con- ment was concurred in. ference on the disagreeing votes of the two Houses thereon, and had appointed Mr. FRANK HEREFORD of West Virginia, Mr. J. H. REA- The bill was ordered to be engrossed for a third reading, read the GAN of Texa-s, and Mr. M. H. DUN:J\'"ELL of Minnesota managers at third time, and passed. the conference on its part. The title was amended so as to read: "A bill to allow a pension of The Senate proceeded to consider its amendments to the bill (H. $37 per month to soldiers who have lost both an ann and a leg." R. No. 3022) making a}'propriations for the construction, repair pres- DISTRICT GOVERNMENT. ervation, and completion of certain public works on rivers and har- bors, and for other purposes, disagreed to by the House of Represent- The next business on the Calendar was the joint resolution (S. R. atives. No. 15) authorizing the qualified voters of the District of Columbia On motion of Mr. ALLISON, it was to vote upon the question whether they desire Congress to establish a government for the District for the regulation of domestic affairs, ofResolved, That the Senate insiat upon its amendments disagreed to by the House Representatives, and ~ee to the conference asked by the House on the dis· the officers of which shall be chosen by the qualified voters of the agreeing votes of the two .11oo.ses thereon. District, and for laying the result of the election before Congress for information. By unanimous consent, it was Mr. INGALLS. That had better go over. Ordered, That the conferees on the part of the Senate be appointed by the Presi· Mr. WITHERS. -There is an adverse report. dent pro tempore. The PRE~IDENT pro tempore. The joint resolution will be passed The PRESIDENT pro tempore appointed :Mr. ALLISON, Mr. SAn- ever. GENT, and Mr. RANSOM. • Sl44~ . . CONGRESSIONA.L RECORD-SENATE. AUGUST 4, ORDF..R OF BUSL.~SS. TBEASUllY BTATE:!\IENTS AND ACCOUNTS. Mr. LOGAN. I do not intend to oppose taking up the post-route The PRESIDING OFFICER. If there bono object.ion, the report bill or to interpose for the purpose of consuming time, but there is referred to by the Senator from 'rVest Virginia will be considered a8 a bill t.o which I have often called the attention of the Senate, and I before the Senate. give notice that so soon as the post-route bill is acted on by the Sen- Mr. HAMLIN. I make no objection subject to call for regular or ate, I shall then ask a vote upon taking up House bill No. 58, com- der. monly known as the bounty bill. The PRESIDING OFFICER. The pending order will be laid aside Mr. DAVIS. I ask for the purpose of submittingsomeremarksthat informally and the report taken up subject to call for the regular the report of the Finance Committee made on June 6th, being Report order. No. 371, be taken up for consideration. . . Mr. DAVIS. Mr. President, I shall be as brief as the subject wilJ Mr. HAMLIN. I believe the Senator gave notice that he would permit. . · address the Senate on this occasion ; b11t it would wonderfully ac- It will be remembered bytheSenatethatin the early part of the pres- commodate me if he would take some other occasion. I believe this ent session, in the month of January, I introduced a resolution, which is the fourth time I have had this post-route bill up, and I should like asked in substance that, owing to material alterations and discrepan- to have it disposed of. I do not wish to interpose any objection to cies appearing in the statements of the public debt, expenditures, and the Senator's request other than that if that question is taken up it receipts of the Government, as contained in the official :finance re- must be taken up subject to a call for this bill at any moment. ports to Congress, a special committee be appointed to investigate Mr. DAVIS. Yes, sir. the books and accounts of the Trea~ury Department, particularly Mr. HAMLIN. I give notice now that I will call for it if any Sen- with reference to such alterations and discrepancies, which, after ex- ator seeks to reply to the Senator from West Virginia to-day. tended debate, was defeated by a party vote, (the republicans voting Mr. CONKLING. What is the motion of the Senator from West solidly against it,) and a substitute adopted, by a like party vote, mod- Vir 03 Less the amount outstanding July 1, 1861, per "re- ooipts and expenditures," 1861, page 385. •••••. •• •• • . . 466, 46.1 12 ~~;:;r:.~v~:!~~~~-~ .t~~ -~~~~~.~~~. ~~ -~ :~.~ ~~~~~- ~~- :~~~~· 20, 192, .s6 00 - - - - - 4, 018,091 91 These examples will indicato the manner and style of explanation, Difference explained................................... ....... 3, 271,970 43 in each case difterent, showing that the discrepancies are not due to a change in making the statements or keeping the books of the Treas- Now I submit that this falls far short of an explanation. Indeed, ury Department. As to the explanation of revenue collected above t canp.ot be rega.rded as an explanation at all. cited, it is enough to condemn itself. A clerical error repeated for In my remarks I set up the figures from l>oth reports and gave several years is made to account for a difference of more than $20,- the total difference as to the years named, feeling that the difference 000,000. In addition to this, the $37,640,787.95 referred to in the ex- as to each year would be apparent and any answer would explain planation is the large sum that, owing to clerical errors, sometimes each one of them; and for the purpose of making proper reply to this appears in t.he statements and at times disappears, and yet no differ- explanation I will now show the difference in each year, increase or ence is noted in the total receipts. decrease, as the casg may bo, 88 fol1ows: But to this and all other explanations touching ib.e revenue eol- 1876. CONGRESSIONAL RECORD-SENATE. 5147 NOTES TO THE FOREGOING TABLE. lected I will call to my aid the language of the committee in their report, which happily furnishes a full answer. On page 2 they say: Ining the Register's report for 1869 the outstand- public debt was published (as heretofore When money is covered into the Treasnry it is under the safeguard of the Con- eiplained) as ---- •• ------------------ -----·- $2,489,002,480 58 stitution and the law. Which is the amount of the As stated before, moneys covered into the Treasury cannot be again taken out, debt, less cash and sinkin~ except through an appropriation ; and even moneys erroneously covered in, as in fundintheTreasury,towhich case of customs or internal revenue, can only be recovered through an appropriation. Ehould be added theamountof I fully agree with the committee. Money once collected and cov- cash and sinking fund--·-·- f156,167,813 58 ered into the Treasury cannot without the action of Congress be taken Less aoorued interest......... 47, 447, 310 79 ----- 108, 7~. SO'J 79 ont; yet in the examples I have cited I have shown that t.he revenue, after being reported for years, has been decreased $50,000,000, without To give the principal of the debt July1, 1869 •• ···-· ••••••••••••• ~~ 007, '722, 983 37 an appropriation or authority of any kind, and before I close I will ln the same report for 1870 the outstanding -=-----== show additional examples. public debt was again published as......... 2, 386, 358, 599 74 I make no further comment than to say that in this way generally To which should be added the the changes, differences, and discrepances are explained. I<,igures and amount of cash and sinking facts not in the reports and clerical errors are called in to aid the De- fund ....... .. ............... f144, 494, 98-i 61 Less accrued interest.. . . . • .. .. 50, 607, 556 52 partment in explaining its own statements. 93, 887, 428 09 Nobody knows, and no one can tell but the officers of the Treasury Department without a thorough examination by an expert with full To iive the principal of the debt July 1, 1870............... ... •• 2, 480, ~. 027 83 time and a proper examination, whether these strange figures are cor- It will be observed that this explanation reduces the difference to rect, and therefore no answer can be made to the explanations so far $426,399.98, and then explains the same away by varions items and as the use of them is concerned. All will agree that the statements figures not found in the reports. themselves should show the trnth and the facts. As it is they do not. In order to show the difference between the reports for each year, PUBLIC DEBT, I have prepared the following table, which I submit is the only fair, It will be remembered that nnder this head I cited the statement proper, and intelligible way of ascertaining the difference between of the public debt, as given in the finance reports of 1870 and 1871, the two reports as to the public debt, and the mode adopted by the for the years between 1862 and 1870, inclusive, and showed that the Department an_d the Finance Committee is neither fair nor intelligible: aggregate difference between these reports was $248,960,352.94, and called atten~on to the large differences that existed between the re- Public debt, as stated in the ports as to each year. The Treasury Department and the committee fi.n:mee report for- make the following explanation, commencing on page 19 of the report Yenr. and ending on page 20 : Incre&86. Deerease. 1871 and sub- Changes in the 2Jublic-debt statement. sequent re- 1870 and pre- potts. vions reports. In the finance report for 1871, the Register states the public debt for the follow- ingyearsa.~ 1862 .... ··- ... ·-· ............... ---- ......................... -- .. f524, 176, 412 13 1862 ................ $.'>24,176,412 13 t514,211,37192 9,965,040 21 ............ . 1863.- ............. -..... -............. -.. -.- ................. -.. 1, 119, 772, 138 63 1863 . --· ------- ·-- .. 1,ll9, 772, 138 63 1, 098,793,181 37 20,978,957 26 ·-·---- ---· .. 1864.-----------.-................ ··- ...... ---·-· .............. .. 1,2, 815, 784, 370 57 1864 ................ 680, 647, 8li9 74 1865 ............ --.. 1,815,784,370 57 1, 740,694,489 49 75,093,88108 · --------··-· 1865 ................ -............ -.......... -.............. -.... . 2, 680,647,869 14 2, 682,593,026 53------- ... ---. $1,945,156 79 1866 ............. ·-- ............... -...... -- ··-- ....... -•• -··- ... 2, 773, 236, 173 69 1861> .... -. ---------. 2, 773,2:36,173 69 2, 783, 425, 8i9 21 -.- .. -- .... -.. 10,189,705 52 1867- ..................... -.. -.. - ..... -.... -.... -- ...... -- ... -... 2, 678, 126, 103 87 1867 ··-- .. ---·--- •• 2, 678, 126, 103 87 2, 692, 1!19, 215 12 --- ........ -•. 14,013,111 25 1868 ............................................................ . 2, 611, 687, 851 19 1868 ................ 2,611,687,85119 2,636,320,964 67 .............. 24,633,ll3 48 1869 .• -··-- -- ................................... . --- ·- --. ·-- .. -·- 2, 588, 452, 21~ 94 1869 .•••••.• -••• -.-. 2, 588, 452, 213 94 2, 489, 002, 480 58 99, 149, 733 36 . --.-.- ... -.- 1870.- .... -- ............ -............. --- ....... -- ••• -- ...... -.-- 2, 480, 672, 427 81 1870 ................ 2,460,672,427 81 2,386,358,599 74 94,313,828 07 ............ . Tot.'\1............ . .. • • • .... .. • • • . . .. • . .. . .. • .• .. . • • • . . • . • . 19, 272, 555, 561 57 Total • __ • _•.•••• _ 19, 272, 555, 561 :i7 19, IT23, 595, 208 63 299, 801, 439 98 50, 841, 087 04 In the report for 1870, for the same year the debt is stated as follows : Total difl'erence or increase ..... .................................. 248,960,352 94 1862 -----· ...... ---· ---··· --··--- ............. ----------·-·- ···- $514,211,371 9'l 1 1863 -- .. -.. -.... -- .. -.- ........ -........ -.••• -- ...... -••• --- -.• - 1, 098, 79J, 181 37 1864 ............................................................ 1,740, 690,489 49 U!65 ......................................... . .................. 2,682,593,026 53 This table shows the difference in each year; for instance, taking 1866 ............................................................ 2, 783,425,879 21 the first year, 1861, the difference is nearly $10,000,000. It seems to 1867 ................................~ ........................... 2, 69-2• 199• 215 12 · me the Treasury Department and committee should have explained \ 1868 ---- .. ----- ·-- .. ·- .. - .. ·-- .. • • .... -- ·- .. -.. -.. -·------ .. · .. • 1869 ------ ____ ; ____ , ------·--. -----· -----· ...... ·-··---- -·. --·.. 1870 -·------------·--·······------- ............................ Total. .................................................... 19,023, 595• 208 63 2• 636• 320• 964 117 this difference and then proceeded with the difference in each of the 2, 489,002,480 58 2,386,358,599 74 remaining years; but instead of this, by the free use of figures, they make up a fictitious aggregate difference of $426,399.98, explain that away, and claim this explanation should account for an established Difference or increase, as shown by the honorable Senator from and a-cknowledged difference of $248,960,352.94 for the years named west Virginia, in the report of 1871 over 1870 of----------... 248,960,352 94 between the two reports. But this difference or increase, as thus shown, is erroneous. It is a comparison of the sum of running balances, between which no intelligible comparison can be But the theory adopted by the Department and committee is en- made. The proper way to make the comparison is to find the increase or decrease tirely unauthorized and unknown to any system of accounting in the on each account for each year, and thus determine the aggregate increase on each world. account since 1861, the difference between which will be the true difference in the Admitting it t.o be trne, it leads to absurdities. Take the last cited accounts. 1 • The following will explain the difference: year, 1870, the difference between the two reports as to the public debt is above $94,000,000. Now, this theory cannot be applied to ex- Year. Debt. Increase. Decrease. Net increase. plaining this difference, nor will it explain any single year. But this is not all. This explanation attempts and claims to ex- ---------------------J--------------------1-----------------~-------------~------------------- plain the difference that exists in t.b.e finance reports for 1870 and Receipts and ex- 1871 as to the public debt for the years included between 1861 and penditures : 1861 .•...• ------. ·-·- ----- --· -···- $90,580,873 7~ .• -·- .... --- .. 1870 ; but in doing this it does not employ the figures found in the 1862 . .. - -· ·-. ---. $524,176,412 lJ 433,595,538 41 -·---· ·----· .. reports and nsed by myself. For instance, in the explanation under 1863 . -- - -.. -- • - -. 1, 119, 772, 138 6J 595, 595, 726 ~0 . --- - - . - -- -- -- the head of '' rece1pts and expenditures" the figures, with one ex- 1t!64.. .. --.---.-. 1,815, 784,370 57 696,012,231 94 . ·- -·- · -· ----- ception, correspond to those used by myself, and are taken from the 1865 . ........... . 2,680,647,86~ 74 864,863,499 17 . ............ . 11366. ····- ·----· . 2, 773,236, 173 69 92,508,303 95 · --- ·- ---- .••• report of 1871, but under the head of "issues and redemptions" the 1867 ....••...... . 2,678,126,103 87 ····--·---- · --- · $95,110,069 82 figures from 1861 to 1f368, inclusive, are taken from the finance re- 1868 . ....•..•..•. 2,611,687,85119 ·-----------·--· 66,4J8,252 68 port of 1870; but the figures for the years 1869 and 1870 are not those 1869. --- -- --• • .. . 2, 580, 453, 213 94 .• - -•.. -- -.. -- -. 23, 234, 637 25 nsed by myself and taken from the report of 1870, but are manufa-ct- 1870. -.-.------- . 2, 480, 672, 427 81 . ----- --.- .. ---. 107, 780, 786 13 ured for this explanation as the foot-note shows, and never did ap- 2, 773,236,173 69 292,563,745 88~ 480,612,427 81 pear in any finance report made to CongreRS, as an examination of Issues a. n d re- the last finance report of 1875 on pages 8 and 578 and all others will demptions: show. · 1e6t. .................. -- •••. -- •.. oo, 867,823 68 ...... __ ..... . t 186:L........... 514,211,3n 92 423,343,543 24 ............. . 1863 ............. 1,098, 7!!3,181 37 584,581,809 45 ............. . Now, all will admit that in submitting to an explanation of a dif- ference or discrepancy between two reports the figures found in those 186L..... ... .. . 1, 740, 690, 489 49 641, 897, 308 12 ............. . reports must be used, and no others can be, and for this reason this 1865 ............. 2,682, 593, ()'Jfi 5J 941,902,537. 04 . ··- ·----- ... . explanation, admitting the theory to be true, becomes a failure and a 1866. -- . - -- •. --.. 2, 783, 425, 879 21 100, 832, i352 68 . --- -- -- •.. - -. 1867.-- ·----- ···- 2, 692, 19!1,215 12 ................ 91,226,664 09 farce and cannot be sustained. 1868 ............. 2,636, 320,964 67 .............. -· 55,878,250 45 !nother objection: On examination of the explanation it will be 1869 ............. *2,59':',722,983 37 ................ 38,597,98130 seen it begins with the year 1861 and states the debt for that year at 1870 ............. t2,480,246,027 83 ................ 117,476,955 54 different amounts; for instance: :!, 783,425,879 21 303,179,851 38 2,480,246,027 83 In report of 1871 at ................................................ 1110,580,873 72 In report of 1870 at_ . • • .. • .. .. • • • .. . • • • .. • .. • • • .. • • • . .. .. • • • • .. • • .. 30, 867, 823 68 Diftieronce..... . • .. • • • • . • .. • • • • . . • • • • • .. • • .. . .. . . . . . • . • . . • . . . . 426, 399 98 1 Difl'erence·. - ......................................--;.......... ~!144 8·t 5148 OONGRESSIONAL REOORD-SENATE. AUGUST 4, for which the explanation does not account. These amounts, though vinced, with the information now before the Senate, that there is and differing, are added in the tables of increase. can be no satisfactory explanation or answer given why the expendi- But there is another still equally fatal objection to this explan:r tures and the public debt of the Government have been so largely in- tion, and condemns it as entirely unreliable. creased. Under the head of receipts and expenditures, page 20 of Finance There must be and is some cause for this fact which will come to Committee's report, it will be observed that, for the year _1869, the light when a proper and fair examination of the affairs of the Treasury debt is stated at 2,588,453,213.94. It should have been stated at Department can be made. $2,588,452,213.94, the figures found in the finance report for 1871 and As a Senator and a citizen anxious to uphold the public credit I the table used by me. This must be the case, because all of the had earnestly hoped that the discrepancies, changes, and differences figures for the other years are taken from the finance report of 1871, pointed out by myself would be explained on the incoming of the and correspond exactly with this single exception. Now, this using report of the Finance Committee, which bas been delayed nearly of the figure ''3" for the figure "2" makes a difterence of $1,000, five months, and which time bas been consumed in allowing the which must affect every other part of the explanation, yet notwith- officials of the Treasury Department to defend their statements and standing this false figure or error making a difference of 1tl,OOO, the make the Axplanations contained in the report of the committee, but explanation of the difference agrees to a cent, which is impoSBible I regret to say while the report admits the evils that exist yet it fails if the balance of the explanation is based on facts. to answer them fully. Another significant fact sug~ests itself in connection with this ex- The Committee on Finance have only made a partial report under planation of the discrepancies m the public-debt statements made by the resolution, owing I have no doubt to other pressing duties. 'fhey the Treasury Department and adollted by the Finance Committee. were required not only to investigate and ascertain if such differences It will be rememoored, in the debate on the resolution, both the hon- and discrepancies existed, but to report the extent and nature there- orable Senator from Massa-chusetts and the distinguished chairman of of. They confined t.bemselves, however, to attempting to explain the Finance Committee made explanation& oi these discrepancies, the examples pointed out by myself, not even noticing all of them, and though slightly differing, yet neither suggested the theory and although there are many others easily found. . explanation used in this report. · These changes, differences, "restating," and "remodeling" of the The explanation by the Treasury Department and Finance Com- official statements of the public debt., receipts, and expenditures, mittee of the differences and discrepancies pointed ont by myself, with all the doubt they cause and the evil they have produced, commencing with the year 1836, is similar in theory to the one just belong to the present administration ; they have occurred, each and referred to, and to which the same objections exist. I will therefore all of them, during the time it bas had possession of the Govern- not detain the Senate to answer them in detail. ment. These objections to the explanation of the Finance Committee and Before this time no changes were made and none were found bold Treasury Department are fatal, and more than sufficient to reject it. enough to attempt to change facts and figures and the publlshed state- It is false in theory and cannot be sustained. ments of the Treaanry Department. The system founded at the or- TRAJ.'iSF'BB OF PACII<'IC RAILWAY DEBT. ganization of the Government was sufficient to carry t.he Govern- ment through near three-fourths of a century of its existence, and was I will close the answer to the explanations contained in the report the admiration and pride of the Republic, but onder the present Ad- by referring to the discrepancy growing out of the transfer to another ministration it is suddenly found insufficient, in part cast aside and table of the Union Pacific Railway debt. this too without law or authority, and changes in the public debt and To the fact stated by myself that in 1870 the reduction of the pub- expenditures are made which startle the country, and this, too, with- lic debt was due mainly to the transfer to another table of the out reference or re-examination of the warrants or accouuts of the Union Pacific Railway debt or bonds, and was not actual, the Trea-s- Register, who is by law the official book-keeper of the Government. ury Department 3nd Fi.nance Committee make the following answer: REBPONSIDILITY FOR MAKING CIUNGES AND FORCING BALANCES. h reply to the charge that, "in the year 1870, there wa!t an ap- parent reduction of the public debt of over $100,000.000, (ac· And the Senator from Massa-chusetts, in his remarks made on the oording to the finance report,) bot this reduction was in a great 19th ultimo, says that the changes made under his administration measure only npparent and due to a stroke of the pen, a mere for the first time in the history of the Government stated the affairs transfer of about ~0,000,000 to another table, fthat] the oo011try of the Treasury Department accurately. He uses this language: gave credit to tho a1lministration for tho lar~e decrease of the public debt during tllis year, when, in fact, f.ne larger part of I also assert that during the four yea-r s that I administered the Treaanry Depart- it was due to the change in book-keeping nnd the Secretary's ment, for the first time in the hisrory of the Government the books of the Depart. new tables," it is only necess.'\ry to state that the outatanding mont represented the exact state of public affairs. public debt on July 1, 1~69, (see finance report of 1869, page Here is not only an impeach~ent. of the system adopted by those 29,) Wl18 . •••••••.••••.•••••.••••••••••••••••••••••••••••••••••• $2,656,603,955 73 From which was excluded the item of Pacific Railroad bonds... 58, 638, 320 00 who organized the Treasury Department, but the accumcy and effi- ciency of his distinguished predecessors are also called in question, Leaving the amount......... .. .•. ....•• .... .. . . .•.••.. .. . ..•. .• 2, 597,965,635 73 among·wbom may bo numbered the following distinguisbe(l na.mes Tte outstanding dobt on the first of July, 1870, (see finance re- which adorn our history: Hamilton,Gallatin,Crawford,Rush, Taney, port o£1870, page 44,) was..................................... 2, 480,304,797 74 Woodbury, Corwin, Guthrie, Chase, and Fessenden. These were 6'Teat Which shows a decrease for the year, exclusive of the item of men. Some of them the founders of our present financia.l system, Pacific Railroad bonds, of ..........................·•.... . • . . . • 117, 660, 837 99 which others have carried out with such great success. They will A brief examination of which will show it is not satisfactory, and live in our history and be long remembered for their ability, fidelity, I was right. integrity, wise and efficient administration of public affairs, while it The Pacific Railroad bonds are included in the report and table may be that the only claim to remembrance that the Senator from referred to. (See-report 1869,.page ~7.) Massachusetts will enjoy will be the unenviable fame of changi.J1g In the first place, the l!..,inance Committee states the public debt for the system, figures, reports, and official statement made by these great 1869 to be 2,656,603,955.73, and cites the page in the report of 1&>9 to men and tearing down what they so faithfully built. Rut the com- prove this. Now, this amount is not taken from the regular tables mittee have not failed to mildly censure the Secretary in their report of the Secretary and Register showing the public debt for each year, in the following language: found in all the finance reports, but is taken from a detailed state- Your committee are not prepared to recommend any change in the mode of keep- ment of the public indebtedness for that year from all sources, and in,. or making public these accounts. Tho system is the growth of the experience ol'the Department since its organization, antl it would be a very delicate and dan· is not what is generally understood to be the "public debt." gerous task to propose nny change in this respect. For instance, on page 317 of the finance report for 1869 the public All will admit if there had been errors in the accounts and r.,ports debt in the regular table is stated at $2,489,002,41:!0.58. of the Treasury Department, which I question, it was the duty of the Bot for the purpose of answering this explanation, I will take the Secretary to refer them to Congress for action. In the remarks made public deht for 1869, a.s stated iu the finance report of 1875, at page by the Senator on the day named he also said: 9 the Secretary and at page 578 t.he Register states it to be 2,588,- 452,213.94, and I will adcl that at pages 11 and 13, in the report of 1871, But the reputation :md tho credit of the country are oonoot:ned in kno.wing whether at any time by any Secretary of the Treasury balances m the public M- the Secretary, and at page 369 the Register, states the debt for that connta have been forced. year at precisely the same figures, and I therefore take it it must be I agree with the Senator that the reputation and credit of the f'Orrect. Now, from this amount subtract the public debt for the year country are concerned in the matter of forcing balances in the .P~~lic 1870 as stated by the committee and in the report for that year, 2,480,- accounts, and it becomes a matter of moment to fix the respons1 b1lity, 304,797.74, and we have $108,1471416.20, and not $117,660,837.99, even if such has been the case, where it -properly belongs. In this connec- including the Pacific Railwaydeot, which amounts to $58,638,320, and tion I will state what is not generally known, but what is well known bein~ excluded leaves $49,509,096.20 as the actual reduction of the to the Senat.or from MaSBachnsetts, [Mr. BOUTWELL,] that in Novem- public d~bt for 1860. ber, 1871, while he was Secretary and durin~ his administration, a FAILURE TO "EXPLAIN ALTERATIONS. letter, to(J'ether with a statement of the pubhc debt, preptLred in the Now, aft-er more than four months' time, the Senator from Massa- SecretarY's Office, commencing with the year 1835 and ending with chusetts, the Treasury Department, and the Financo Committee have the year 1870, waa sent to the Register, in which be was arbitrarily utterly failed to explain why the finance reports uo not agree or bow directed to make his statement of the public debt (to be sent to Con- it is that the expenditures of the Government have been largely in- gress) correspond to the one sent him, compelling him thereby and creased and the revenue decreased and from 1861 to 1!;70 inclusive the by reason of the orders from the Secretary's Office to disregard the public debt has been increased 248,960,3f>2.94. I {lismiss any further official data in his own office, the only true source from which he answer to the explanations of these alarming differences firmly con- could make a statemetlt of the public debt to Congrees as re9-uired 1876. CONGRESSIONAL RECORD-SENATE. 5149 by law; and I now further state that the data. and warrants in the Secretary's table, finance report for 1875 .•••.•••••• f142, 540,493 « Increase ....... . ............. __ .................. · $13, 5.54, 419 89 Register's Office will not sustain the statement of the public debt he was compelled arbitrarily t.o make to Congress; and in order to make his statement of the public debt a.s made up from data in his Letter of Commissioner of Pensions, .Tnly25, 1876... 100, 391, 228 38 ________ Decrease . . . . . . . . . . . . . . . . . . . . . • . . • . . . . . . . . • • • • . . . Difference or increase in Secretary's table... 405,,___ 13,149,265 00 13,149,265 06 154 83 office agree with the one sent him from the Secretary's Office, he was forced to make changeS" in the former statements of the public debt ADDITIONAL CHANGES AND ALTERATIONS. and increase it in the aggregate more than $240,000,000. I leave it to the Senate whether or not this was not forcing balances ; I regret that the Finance Committee could not go t.o the Treasury and as to who did it, that question is answered. Department and make a thorough examination for themselves, but And because such official attacks on the public a.ccounts and state- were compelled to depend upon the Treasury officials for explanation ments and others I have mentioned were made under the administra- and information in the premises, who failed to point out other dis- tion of the Senator from .Massachusetts while Secretary of the Treas- crepancies and differences besides those named by me which exist in ury, and I have ventured in my humble way to bring them to the the reports, among which are the following: attention of the Senate and ask an investigation, it seems I have pro- PeMion expenditures. voked his displeasure, and in his wrath he uses language that adds nothing to his reputation for politeness nor makes his official conduct clearer, and says that I cannot understand the public accounts; in Year. Report for 1869. Report for 1870. Increaae. reply to which I will only remark nobody else can since, aa Secretary Bristow says, he remodeled them. . 1846 ••• ! .................. . fl, 809, 739 62 f1, 811, 097 56 $1,351 94 The Senator in effect acknowledged he made the changes that pro- 1849 ...................... . 193,695 87 1, 328, 867 64 1, 135, 171 77 duced the confusion and diicrepancies in the public accounts that 1859 •••••••••••••••••• • .••. 161,190 66 1, 222, 222 71 1, 061, 032 05 have given rise to this and other discussions. This may be the reason that influenced him to vote against a !!pecial committee of investiga- ToW incree.se ....... ................. . ................. . 2, 197, 561 76 tion and for one of which he is a member and his party friends in the mq.jority. But I snbmit it would have been more manly for him W A.R EXPENDITUlut8. had he made the confession earlier and not waited until an Ex-Secre- tary of the Treasury, the Finance Committee, and others had fast- Year. Report for 1869., Report for 1871. Increase. ened on him the fact that he was the cause of the changes, contra- dictions, and discrepancies that exist in the finance reports. In support of the charge that balances have been forced and th11.t 18« ...•.......•...•....... f5. 192, 445 05 t5, 218, 183 66 t25, 738 61 10,362,374 36 10, 413, 370 18 50,995 8'l the books of the Department will not support the "remodeled state- 184.6 ·••••••••••••••••••• •. 184'1' •••••••••••••••••••• • •• 35, 776, 495 72 35, 840, 0.10 33 . 63,s:u 61 ments and reports" made to Congress, I submit an instance. 14, 472, 202 72 16, 472, 2()-2 72 2, 000, 000 00 1860 ••••••••••••••••••••··· A few days ago I addressed a letter to the Commissioner of Pen- sions asking him to furnish me a statement showing the amount paid TotAl incre&&e .••.....••.••.•.................•...•..••.. 2, 140, 269 04 for pensions from 1~ to 11:!70, inclusive, to which he replied as fol- lows: ltXPE.'IDITIJREB IN INDIAN BUREAU. DEPA.RTliJtNT OF THE INTERIOR, PENSION OFFICE, Wt~Bhington, D. 0., July 25, 1876. Sm: In compliance with your request of the 2-4th instant, I have the honor to Year. Report for 1869. Report for 1871. Incresae. transmit the inclosed table of the amount paid for Army and Navy pensions from 1860 to 18701 inclusive. · · Inclosed IS alao the annual report of this office for the year 1865; the copies for 1848 .•••••••••••••••••.•••. ••• 103, 251 78 fl, 252,296 81 t149,045 03 be year 1864 are exhausted. 1849 .•••••••••••••••••••••. 509,263 25 t, 374, 161 55 864,898 30. Very respectfnlly, your obedient servant, 1854 ...................... . 1, 413, 995 08 1, 550, 339 55 136,344 47 0. P. G. STARKE, 18."5 .•••••••••••••••••••••. 2, 708, 347 71 2, 772,990 78 64,643 07 Ohiq Clerk. 1856 . ••••• ·-~·-· ••••••••••. 2, 596, 465 92 2, 644,263 97 41,798 05 Ron. H. G. DA.VIS, 1857 ••••••••••••••••••.•••. 4, 241, 02B 60 4, 355, 683 64 114,655 04 United Statu &nllte. 1862 .•••••••••••••••••••.•. 2, 2-23, 402 27 2; 327, 948 37 104,546 10 1864 .•••••••••••••••••.•••. • 2, 538, 297 !:() 2, 629,975 97 91,678 17 St«temtnt 1howing the total amount pa.ictin each ftlca.l year for Army and N f£VY pcn- 1865 .•••••••••••••••••••••• 4, 966, 964 90 5, 059, 360 71 92,395 81 rionljrom 1860 to 1870, inclmive. 1860 .•••••••••••.•••••••.•. 3, 247, 064 56 3, 295, 729 32 48,664 .76 1860 ••••••• -........... •••••• ••••• ••••••••••••• •••••• •••••• ••••••• ••• $1, 154,321 73 1861.. ••• • •••••••••••• •• •••• ••• • •• •• ••••••••. •• • • ••• •• • • •• •••• •• • • •• 1, osv, 218 75 ToW increase . • • • • . . . • • . • •• • . • . • • • • .. . ..• -.••..•.•..•.. 1, 614, 668 80 ~:r ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1, ~: ~~ :~ 1m~~~~~ \Ell)l:lilj\;i i~; ~ ; ~;~;tlill;uj;; j~j j;u;;;l ~ ~m~ Statement slwwing total receipts as stated for th.e sante yea1·. Year. Report for 1869. Report for 1871. Decrease. 1870 •••••••••••••••••••••• ···-~· •••••••••••••••••••••••••••••• •••••• 27,780,811 81 1837 •••••••••••••••••••••• . $27, 947, 142 19 25, 069, 662 84 r.n. SS.'J, eaa 84 25, 032, 193 50 $63, 2A8 3!S 37,469 34 Total for eleven years .....•...........•..••.•••..••.••...••.. 129, 391, 228 38 1840 ••• ••••••• ••••••••••••. 1847 .................. ..... . 55, 401, !!04 58 55, 338, 168 52 63,636 06 *Pensioners in Southern States dropped. 1848 •••••••.••••••••••••••. 57. 006, 889 65 56, 992, 479 21 14,410 44 These figures show beyond the possibility of Q- doubt that the books 1850 ••••••••••••••••••••••• 41, 669, 766 75 47, 649, 388 88 20,377 81 1853 ••••••••••••••••••••••. 61,803,404 58 61, 500, 102 81 303,301 77 of the Pension Office do not agree with the Secretary1s new table made 1859 ••••••••••••••••••••••. 81, 773, 965 64 81, 758, 557 30 15,408 34 in 1870, v.nd, what is worse still, that in making this new table the pension expenditures were increased from 1860 to 1870 $13,149,265.06 Total deereaae .••••••.••.••••••••......••......••.•.•••.. 517,892 17 over and above what the books of the Pension Office show them to have been for those years. · M'lBcellaneous reoeipts. In order that the difference between the books of the Pension Office and the finance report for 1870 may rea(lily appear, I have prepared the following statement: Year. Report for i869. Report for 1871. Deereaae. Statem.ent shotoing th.e total amount paid in eack fiscal year for .J..rrny and Navy pensions, as per finance report for 1870 and letter of the Conlmis- 1837 ...................... . 15, 625, 479 15 f5, 562, 190 80 f63. 288 3:l sioner of Pensions of Jul!J 25,1876. 1848 ••••••••.•••••••••••••. 6Z7, 021 13 577,775 99 49,245 H . From Secreta- From letter of ry's table, C 9 m m is- In the remarks I made pending the p388a~e of the resolution to ap- Years. fino.noo re- sion e r of Increase. Decrease. point a special committee I used the followmg language: . port of 1870• Pensions. page 30. Now, it is a fact that in 1871 there was a wholesale change in figures, running back thirty or forty years in the table of the RejZister and altering the amounts, which in some instances .had been fixed, closed, and reported to CongreM for twenty 1 860 ................... fl, 100, 802 :t2 tl, 154, 321 73 ............... $53,519 41 or thirty years. This change and alteration of figures increased the public debt ill 1861 ••••••••••••••••••. 1, 034, 599 73 1, 089, 218 75 54,619 02 1862 . ••••••••••.•••••• . 852, 170 47 800,819 94 ···· i5i: 35o ·53· ............ the aggregate $247,766,674.71. 1863 ................... 1, 078, 513 36 1, 044,364 47 34, 148 89 .............. Notwithstanding this charge, important and alarming as it is, giv- 1864 • ••••••••••••••••• . 4, 985,473 90 4, 521. 622 18 463,851 72 ............ ing the exact figures, yet the Treaslll'y Department and the Finance 1865 ••••••••••••••••••. 16, 347, 621 34 8, 542, 885 Z7 7, 804, 736 07 ............... Committee in .their report made no reference to it whatever. 1866 •••••••••••••••••.. 15, 60:i, 549 8il 13, !leO, 980 17 2, 354, 569 71 .............. 1867 ....•.••••••.••••. . 20, 936, 551 71 r8, 681, 7U 79 2, 254, 839 92 ............... In support of it I no~ submit the following statement of the publio 1 868. ·-···· ••••••••••.. 23, 782, 386 78 24, 079, 403 18 ....................... 297,016 40 debt from 1835 to 1871, as appears in the finance reports for 1870 and 1 869 ...••••••.••.••.••. 28, 476, 621 78 28, 445, 089 09 31, 532 69 -·········· previous reports and 1871 and subsequent reports, showing the differ- 1870 .. . .•..•..••...•.•. 2B, 340,202 17 27, 780, 811 81 559,390 36 ................ ence in each year and the total difference between the two reports• ------ ---- Total ...•.•..•.. 142,540,493 44 129, 39~, 2-28 38 1 13, 554, 4~9 89 405,154 83 (See pages 12 ~d 368 finance report for 1871, and page 276 finance .. report for 18'?0.) 5150 CONGRESSION~L RECORD-SENATE. AUGUST 4, Statement of the public debt from 1835 to 1871. the reports, and that by reason of these changes, differences, and dis- I crepancies the receipts of the Government have been decreased, the Increase in re- expenditures largely increased, and since 1860 the public debt has Year. Report of 1870. Report of 1871. port of 1871 Decrease. been increased in the ag~egate more than two hundred millions; and I over 1870. in the face of these admissions we are told the books of the Treasury Department have not been cha~~~~ 1835 ••••••••••• f351,289 P5 137, 513 05 . •• • • • . . • • . • . • . . $313, 776 00 Third. In addition to these a · sions, I now state, and it can be 1836 .•••••••••• 291,089 05 336, 957 83 f45, 868 78 . ••.••.••••.•• proven, that in 1871 written instructions were sent from the Sec- 18:f7 ••••••••••• 1, 878, 223 55 3, 308, 124 07 1, WJ, 900 52 .••••••••••••• retary's office to the Register: the official book-keeper of the Gov- 11338 ••••••••••• 4, 857, 660 46 10,434,221 14 5,576, 560 68 .• . •••••.•.••• ernment, directing him to ma.Ke his annual statements to Congress 1839 ••••••••••• 11, 983, 737 53 3, 5TJ, 343 82 i . . . . • . . . . • . • . . . . 8, 410, 393 71 18(0 ••••••••••• 5, 125, 077 63 5, 250, 875 54 125, 797 91 .••••••••••••• correspond with a table prepared in the Secretary's office and sent 1841 ••••••••••• 6, 737, 398 00 13,594,480 73 6, 857,082 73 .•••••.•••.••• with said instructions. 1842 ••••••••••• 15, 028, 486 37 20, 601, 226 28 5, 572, 739 91 .•.•••••.••••• Fourth. I further state that the warrants and books in the Reg- 1843 ••••••.•••• 27, 203, 450 69 32, 742, 922 00 5, 539, 471 31 .•..••••.••••• ister's Office will not sustain and agree with the annual official reports 1844 ••••••••••• 24,748, 188 23 23, 461, 652 50 • • • • • • • • • • • • . • • . 1, 286, 535 73 1845 ••••••••••. 17, 093, 794 80 15, 925, 303 01 . • • • • • • • • • •• . • • . 1, 168, 491 79 made to Congress. 1846 ••••••••••• 16, 750, 926 33 15, 550, 202 97 . • • • • • • • • • • • • • • 1, 1!00, 723 36 Fifth. The only changes and alterations ever made in the official 1847 •••••••••• 38, 956, 623 38 38, 826, 534 77 . • • • • • • • • • • • . • • . 130, 088 61 reports to Congress, after being submitted, were made between the 1848 ••••••••••• 48, 526, 379 37 47,044,862 23 .•.••• ••••••.• •. 1, 481,517 14 1849 ••••••••••• 64, 704, 693 71 63, 061, 858 69 • • • • • • . • • • • • • • • . 1, 642, 835 02 years 1869 and 1871. 1850 ••••••••••. 64, 228, 238 37 63, 452, 773 55 . • • • • • • • • • • . . . • . 775, 464 82 Sixth. I fully believe that if the Register and Treasurer should be 1851. •••••••••. 62, 560, 395 26 68,304, 796 02 5, 744,400 76 ·••••• ..•..••• officiaJ.ly called upon they would say that between 1869 and 1871 1852 ••••••••••• 65, 131, 692 13 66, 199,341 71 1, 067,649 58 ......•.•••••• there were changes and alterations of figures in the Treasury Depart- 1853 ••••••••••• 67, 340, 628 713 59,803,117 70 .••••• ·•••••.• •. 7, 537,511 08 1854 ••••••••••• 47, 242, 206 05 42, 242, 222 42 . • • • • • • • • • • • • • • • •• 999, 983 63 ment which decreased the revenue and largely increased the expendi- 1855 ••••••••••. 39, 969, 731 05 35,586,956 56 .••• •• .•• . . •• . • . 4, 382,774 49 tures and the public debt, especially if compared with official annual 1856 •••••••••• . 30, 963, 909 64 31,97'.t,537 90 1, 008, 62a 26 .•..... .....• reports to Congress. 1857 ••••••••••• w, 060, 386 90 28, 699, s:n 85 . • • • • • • . • . • • . • • . 360, 555 o5 Seventh. There must have been an object or motive that caused 1858 ••••••.•••. 44, 910, 777 66 44, 911, 881 03 1, 103 37 . •••... . ...••• 1859 ••••••••••. 58,754,699 33 58, 496, 837 88 . • • • • • . . . . • . . . . . 257, 861 45 the Treasury officials to make the many changes and alterations I 1860 ••••••••••• 64, 71i9, 703 08 64, 842, 287 88 72, 584 80 .•••••.•...... have at different times pointed otit. I leave it to, and it is the duty 1861 ••••••••••• 90, 867, 828 68 90, 580, 873 72 . • • • • • . . • • . • . . . 286, 954 96 of, those who made them to answer why they changed figures and 1862 ••••••.•••. 514, 211, 371 92 524, 176, 412 13 9. 965, 040 21 . .._ •••••..••••• reports that had stood and been accepted as correct in some instances 1863 ••••••.•••. 1, 098,793, 181 37 1,•119, 772, 138 63 20, 978, 9'>7 26 .••..••..••••• 1864 .•••••.••• . 1, 740,690,489 49 1, 815, 784, 370 57 75, 093, 8~1 68 .••.......•••• thirty or forty years. 1865 ••••••••••. 2, 682, 593, 026 5.3 2, 68(), 647, 869 74 . • • • • • . •• • • • • • • . 1, 945, 156 79 Mr. SHERMAN. Mr. President, the remarks of the Senator from 1866 ••••••••••. ~ 783, 425, 879 21 2, 773,236,173 69 ·•••• •.•••••.•• . 10,189,705 52 West Virginia [Mr. DAVIS] ought not to go to the country without 1867 ••••••.•••. 2, 692, 199, 215 12 2, 678, 126, 103 87 . • • • • • • • • • • • • • • . 14, 073, 111 25 some reply, and they will only need a. very brief reply, it seems to 1868 .•••••.•••. 2, 636, 320, 964 67 2, 611, 687, 851 19 . • • • • • . • • • • • . • • . 24, 633, 113 48 1869 ••••••••••. 2, 489, 002, 480 58 2, 588, 452, 213 94 99, 449 733 36 .••••••••••••• me. As a matter of course, I cannot go into the details of the care- 1870 ••••••.•••. 2, 386, 358, 599 74 2, 480, 672, 427 81 -94, 313, 828 07 . .••.••••••••• fully prepared and long studied speech w.b:ich he has now read to us; but there are some few facts which lie on the outside of the case that Total . . . • . . • • • • • • • • . . • . . . • . . . . . . . • . . . • • . . . . . • . 3'J2, 843, 228 59 85, 076, 553 88 I think sufficiently furnish all the answer that is necessary. Decrease.. .••••• .••.. ••.. •. . ..•... ••. . .....•.. 85,076,553 88 In the first place, my friend complains with some tone of sorrow Increase . . . . • • • • . • • . . • • . . • • . . • • •. •• . . • . . . •. • . . 247, 766, 674 71 that he has not had the friendly aid of the Treasury Department in his investigations into the condition of the Treasury. The truth is RECAPITULATION. he went to the Secretary of the Treasury, then Mr. Bristow, and Report of 1871. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • . • • • 120. 221, 399, 098 42 probably waa referred to the subordinate officers who knew better Report of 1870...... • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 19, 973, 622, 423 71 about the matter than the Secretary; and perhaps the Senator took offense at that, ~ he speaks about the motive or animus. Whether lDerea&e in report of 1871 over 1870....... ••••••••• •••••• 247,766,674 71 or not this has in anyway affected the tranquillity of my friendfrom Which proves my allegation; and I now state that the changes and West Virginia I leave to his own sense of justice. He has rung differences pointed out in the above table were made not only as the over, and over, and over again the changes upon the charge orig- reports show but as evidence in the Treasury Department will estab- inally made by him that somebody or other, who he does· not say, lish. It is a fact that by reaaon "of these changes and differences from has changed and altered the books of the Treasury Department. A.8 1835 to 1860 the public debt waa decreased about $1,000,000, but from I said before, if anybody has done that, it is a crime and the guilty 1860 to 1870 it was increased more than $248,000,000. These changes party ought to be sent to the penitentiary, becau.se to change the were not only made under a. republican administration, but, strange public records is by law made forgery. Therefore it is a crime which to say, all of the increase1 amounting as before stated to more than is punishable by law. But in answer to all that, it is admitted on $248,000,000, occurred begmning with 1860 and during republican rule. all hands, except· by the Senator from West Virginia, that there has Now, why these changes were made, by what authority, ~nd what be- been no change or alteration whatever in any book or paper of came of this large sum of money are pertinent inquiries which neither the Treasury Department. Here in the first place I will1·ead a state- the Senator from M38Bachu.setts, the Treasury Department, nor the ment of Secretary Bristow, who, it seems, is the origin and cause of Finance Committee have as yet answered. I am aware that the all this feeling on the part of my friend the Senator from West Vir- Finance Committee have had but little time, owing to other official ginia. He says under date of May 4, 1876 : duties, to devote to this matter, and this may in part account for the lD this connection it should be stated that in no instance has there been any imperfect report they have made. It was argued during the pen- erasure or alteration in the books and records of this Department, and the changes dency of the resolution I introduced, by members of the Finance the precisemade in the published reports have been only to express with greater accuracy condition of the public acconnts, as shown by such books and rec- Committee, myself, and others, that the Finance Committee could not ords. * * * properly do the duty for want of time, and for this reason a special B. H. BRISTOW, Secretary. committee should have been appointed, and I now state had this been In another part of this same letter he says : done not only the above inquiries ·would have been answered, but much other important information brou~ht t.o -li~ht. The Senate memoranda. In replJ, I have the honor to transmit herewith certain tabular statements aBd explaining the discrepancies referred to- ought n<_>t and the country will not be satisfied witn this report, and I hope the day is not far distant when a special committee will be . By the Senator from West Virginia- appointed to examine the accounts and reports o.f the Treasury De- but before inviting your attention thereto permit me to state that in no case have .partment. . the changes referred to in any way affected the cash of the Treasury• · I have selected these additional examples of discrepancies and alter- - We then start ont with this great fact, which is an answer to aU ations from the many that exist in the official finance reports which this stuff about the increase of the public debt or about any injury the Treasury Department and Finance Committee have failed to notice, being done to anybody by the mode of stating the Treasury accounts, and they remain yet to be explained if explanation should be possible. by saying that there is no change whatever of any book. Every It will be obserred that in this discussion I have not referred to book, from the foundation of the Government down to 1870 and from the great differences that exist between the accounts of the Register that time on, stands unchanged and unaltered, in date, letLer, or fig- and Treasurer, as also to the bond account, the account of issue and oro, and that is conceded by everybody but the Senator from "\Vest redemption, commissions and interest paid, nor to the currency ac- Virginia. Perhaps be will now concede it. He says he has not had count, for the reason that to do so intelligently would require a time to examine these books and papers. It would be impossib1e in thorough examination of the books and accounts of the Treasury De- his short life-time to do it. Here I have the official statement. There- partment. was no motive for a change. CONCLUSIONS. Now let ns see what has been done. In 1870 Mr. BouTWEI,L, now In conclusion, it is admitted by the officials of the Treasury Depart- a Senator, then Secretary of the Treasury, found that the statement of ment, the Ex-Secretary, and the Finance Committee, in the report the public debt which was required to be published monthly for pub- under consideration: lic information was meager, imperfect, and inaccurate; not that the First. That the numerous changes, alterations, differences, and dis- figures contained in it were in themselves inaccurate, bnt it with- crepancies in the official finance reports pointed out by myself do held information, it did not contain all the elements which were exist, and were made by the present Administration. needed to enable a plain, sensible man to find out what waa the pre- t:IOOond. That the figures I have oitOO a.r e all correct~ dramt from cise condition of the public debt. To show that this is so, I will put 1876. CONGRESSIONAL REOORD-SENATE. 515l upon the record the statement as published prior to this ch:mge, a-s Amount in Treasury, coin . • • . • • • • • . • • . . . . . • • . . 98, 763, 368 91 compared with one subsequent. Here is a statement of the public Amount in Treasury, currency.... . • . . . . . . . . • • . 13, 063, 092 12 111. 826, 461 03 debt on the 1st of January, 1869, certified to by Hugh McCulloch, then Secretary of the Treasury : Amount of debt less cash in Treasury.................... 2, 540, 707, 201 25 Statement of the public debt of the United States on the 1st of January, 1869. The foregoing is a. correct statement of the pnblic debt aa appears from the . books and Treasurer's returna in the Department on 1st of July, 1869. Debt bearing coin interest. HUGH McCULLOCH, 5 percent. bonds................................ $221,589,300 00 Secretary of the T-teasury. 6 per cent. bonds, 1881................ . • . • . • . . • . 233, ll77, 400 00 6 per cent. 5.20 bonds • • • • • • . • • • • • . • • • • • . • . . . • • . 1, 602, 568, 650 00 Here is another dated the 1st of February, le69, certified to by Hugh McCulloch, a few meager, plain figures containing first "debt - - - - - t2, 107.835.350 00 Debt bearing currency interest. bearing coin interest," the items following," debt-bearing interest in Certificates at3percent .•.•••.•••••...•••.•• ~.. 55,865,000 00 lawful money," theitemsfollowing, "the matureddebtnotpresented Navy pension fund. at 3 percent............... 14,000,000 00 for payment," "the debt bearing no interest," and so on. That was 69, 865, 000 00 the whole information the people of the United States then had as 1 Maturea lkbt not presented/or payment. to the condition of the public debt. When Mr. BoUTWELL beca.Iqe Three-year 7.30 notes, due Angnst 15, 1867, and Secretary of the Treasury he n1.turally supposed that the people of Jnne and July, 1868 ...••..................... 2, 174,900 00 Componnd interest notes, matured June 10, July the United States would desire more detailed information than was 15, August 15, October 15, December 15,1867, contained in this simple statement. He became Secretary . of tbe ~J;b~;· 1~r::. 1~~~~~~. ~ -~~. ~~·- -~~~ 3,878, 290 00 Treasury in 1\larch, 1869, and soon made a. change. On the 1st of July, 1869, I find another statement of the public debt of the United Bonds, Texas indemnity .....•.........•....... 256,000 00 Trea.snry notes, acts July 17, 1861, and prior States, which goes into elaborate detail, gives the date of every thereto ...•............... . .................• 148,561 64 loan, the amount outstanding on every loan, the amount bearing in- Bonds, April 15, 1842, January 28, 1847, and terest in lawful money, the amount bearing interest in gold, then a March 31, 1848 .............................. . 349,950 00 recapitulation, together with a statement ofthe Pacific Railroad debt Treasnry not-es, March 3, 1863 ....•...••••..... 445,492 00 Tem~rary loan .....•.........•.•.••........... 197,310 00 in ample det.2. March 3, 1863 •••••. Bon'd 'iod ~ ,co edl oPe :~ 'd~ ce=+l J~ _sP Authorizing act& Character of issue. Amount out- standing. Interest payo.ble. ~~ ~ ~ p.~ ~ 0• 'S~ ........ .~. 1 8.~- tgje instructed to a right to read it; but I do not tlBnally ask any favors of that kind investigate the books and accountR of the Treasury Department, particularly with in the Senate. I would not usually have a document of this kind reference to discrepancies and alterations in amounts and figures that have been made in them, especially in the annual statements of the expenditures of tho Gov. spread on the RECORD; but I think that the circumstances of thi'i ernment, revenue collected, and tbe public debt conta.inerl in said r eports ; ancl, if particulru· case fully justify it, antl in order to show that I have not any such discrepancies and alterations be fouml to exist, to report tbe same and 1876. CONGRESSIONAL RECORD-SENATE. 5155 the extent and nature thereof, the years wherein they occur, by what authority so universal as to ·be able to accommodate it-self to any particular case that may made, if any, the reasons that induced them, and to report geuerally such other arise. The act of 1836 directed that more than $:!8,000,000 surplus revenues be de- and further information bearing upon the subject as to them may seem best, and posited with the States. It would have been much more convenient for the De- tba.t said committee have power to send for persons and papers," have given tbe partment to have charged off from tbe accounts these amounts of money to each of subject as careful attention as their official duties permitted. these States with which it was deposited; but the law dj.rected that the money: The substance of the information received bv them is embodied in the following should remain on deposit with tho States; and hence to this day that amount of letters and statements hereto annexed and made a pa:rt of this report. Tho refer- money in the public a-ccounts is included in the account of" cash in the Treasury," ences in these statements to the various documents referred to, and especially to although the probable intention was that it should not l>e repaid. the annual reports of the Secretary of the Treasury on the state of the finance~ UNAY AILABLES. made it neces ary to examine all these statements, lmt they are too voluminous to embody in this report. All money in the Treasury, wherever it may be deposited or placed for disburse- Your committee think it wotLd best answer the purpose of the inquiry to state mentor custody, is charged to the Treasurer of the United States. It is obvious, in ,!!eneral terms the resnlt of their investigation. however, that this money may be lost without fault on the part of the Treasurer, The primary object in the organization of the Treasnry Department is to secure by robbery, accident, deblcation of a subordinate officer, misconduct of depositaries the safe custody and legal disbursement of all the public money. A secondary ob· having it in charge, or otherwise. · Still, under the la.w,· the Treasurer is responsi- ject, and yet a very important one, is to secure an accurate accountability aue bursements, the second to the proper accounts of such receipts anu expenuitures. taken from the Trea-sury except by an appropriation, this course could not be pur- :Both objects are intenued to be. secured by the Constitution in the seventh clause sued. An account called'' unavailablcs 'was created, which was charged with the of section 9, article 1, that "no money shall bo drawn from the Treasury but in a.meunts, and the Treasurer cre(:litcd in his general account through the statement consequence of appropriations matrollor, and B.v the several acts organizing the Treasury Department, it was intended to se· has !Jeen rliscontinued. It is plain that tho Treasurer should be relieved from this cure the safe-keeping and custody of the public money a:nd a. full statement and responsibility, a:nu that Con:vess sboulu in some proper way provide by law for the account of all receipts and expenditures. All money was to M covered into the dropping of these unavailable funds, !Jy authorizing a credit to the Treasurer and Treasury; a:nd n.ll claims and demands whatever by tbe United States, or against a corresponding charge against the defaulting officer who fails to pay the money on them, and all accounts whatever in which the Unite l States are concerned, either demand. as rlebtor or creditor, were to be settled and arljusted in t.he Treasury Depa1tment. TRUST FUNDS. When money is covered into the Treasury it is nuder the safeguard of the Con- Again, wheB large sums of money were paid into the Treasury as trust funds, stitution and the law. It cannot be disbursed without an appropriation by Con· they were considered not as general a-ssets in the Treasury from whic:h general gt·ess; and when tho appropriation is made it can only be paid out wben an organ- expenditures coul)l bo made, aud henco a system aft.er 1842 grow up of attempting lzerl <'Orps of accounting oflicers shall concur, first, that tho appropriation ha.s been to keep aeparate the trust.fuml accouut. The moneys deposited with the States, made; second, that the expenditure is withiu the meaning and iutent of the law; trust funds anrl unavailable balances, had swollen tO so large an item in the cash third, that the amount is justly due, as shown b.v the \oncher. Then it cau bo paid account that in 1842 it was droppecl from tho annual statement made in the finance out by the Treasurer, and then alene can he be credited for the payment. When report, but still retained (as it couhl not !Je excluded for reasons before given) in the the payment is made tho transaction iii rerristeretl not only by the Treasurer him- official statement of the Treasury receipts :mu expenditures. In 1866 the tru1t self, but by the officers specially dosignatea to re~ster and keep an account " of all funcls and unavnilables, amounting to $2,217, 732.94, were again inclmlecl in tho yearly receipts and payments by tho Treasnrer of the United States." tatements of the Secretary of the Treasury, (see finance report for that year So far as the Rafe-keeping and custody of public money covered into the Treas- 'pages 2 and 32, a detailed statement of which will be found in the accompanyin~ ury is concernetl, it would be difficult to point out a better mode than is provitled papers,) and the examination by a detail of clerks in 1870 was made, in order that for by existing law. Every safeguard that has been su;r,!!esteu bas been furnished. these trust funds might be addefl to the general balanee in other years. (See No hiw can prevent the neglect or violation of their public dutieR by Comptrollers, finance report 1870 a:nfl accompanyin:r papers.) Auditors, or Registers; but the gnards and checks upon such misconduct a:re as In view of the varying opinions of Secretaries of the Trea-sury as to the manner perfect as human ingenuity could deYise. in which these funds should be treated, and the confusion in statements created When money is coverall into the Treasury it can only he paid out on a warrant thereby, your committee are of the opinion that it would be better that all mouoy of the Secretary of 1he Treasury, countersigned by the Comptroller and registered belonging to the United States, of which the interest alone is to be disbursed for by the Register; which warrant is based either, first, on a proper requisition in the benefit of others, should be covered at once into the Treasury, so that its ex- favor of a. aisbursing officer, or, second, in payment of a claim duly audited by the ptmditure may be under the general safeguard of the law, to be paid out only in accounting officers. Each of these officers performs dutiesiudependent of the othl\r, pursuance of an appropriation !Jy Congress. For instance, the fund received for and the si!!Dature of each is requisite to authorize and attest payments of public · the Smithsonian Institution was originally invested in St.ate stocks, through which money. This mode, in force since the organization of the Government, is ve1-y sat- investment the fund lost interest for a number of years, anu nota.lJly in the case of isfactory. Arkansas, which still owes the amount investeu in the bonds of that State. Con- Money is covered into the Treasury by a. warrant (based upon a certificate of gross was compelled to direct that tho whole of this fum! as fast as collecteu should deposit) countersigned by the Comptroller and registered by the Register, as in l)e paid into the Treasury, and assumed the debt to the whflle amount of funds re· case of a. pay·warrant. As sta.terl before, moneys covered into the Treasury can- ceived, and obligated the Government to pay G per cent. interest upon the same. not be arrai.n taken out, except through an appropriation; and even moneys er· By thls method the transaction is verv much simplified; absolute security is given ronoousfy covered in, as in case of customs or inteinal revenue, can only be recov- to the flmd aml the proper accounta.bl.lityii refiuired at tho Treasury. ered through a:n appropriation, which, in the two cases mentioned, is authorizecl The Navy pension fund, amounting to $14,000,000, now by law invested in the by law; but an acconnt bas to be stated against the appropriation, as in the case temporary loan at3 per cent. interest, shoulu be covered into the Treasury, and, to of expenditures; so that by no process can receipts covered into the Treasusy be meet the purpose for which the fund was creat.ed, the obligation of Con!!Tess be diminished, but tl.e expenditure is increased to the extent of the erroneous pay. given to appropriate the interest each yoar; and it would a.p pear to your co~mittee menta. In the case of moneys refunded as excess of deposits made in the customs that all trust funds now outstanding, unless there is some clear reason to the con· service, the whole amount of the receipts is charged as received into the Treasury, tr<~ry, ou~ht t,o be covered into the Treasury, and all appropriations from such and the amount refnnded is char,!!ed to an appropriation. These are not actually truRt fun us be made by Congress. and properly el..-penditores, yet, under the intlexi!Jle Blstem which is controlled by These are tho only changes your committee can recommend in the laws regu. the Constitution itself, every payment from the Treasury must be made through lating the safe-keeping and disbursement of puhlic money. an appropriation. These explanations will appear more intelligible by reference to the following One of the most troublesome propositions before the Treasury Department is to scheme of a.ccounts of the Treaaury Department from 18G1 to 1870, which comprises make the expenditures of a certain fund or tho accounts of a particular transac- the years in which the alleged discrepancies occurred, and a comparison of which tion conform to the direction of the law. The system of accounts must, then, be will show the perfect harmony of the public accounts. GeneraZ fzmd. Dx. Ca. June 30, 18(il To appropriations to date._ .•••••••••••.•••••. $2, 324, 050, 879 04 June 30, 1861 By receipts to date . . _... __ -... ~.- .... - ... -- . 12, 267, 450, 570 98 By amount carried to the surplus fund...... 43, 606, 605 26 By amount erroneously-ca.rried to the surplus fund in 1847 and restored in 1850 . -. . . . . . . . 152, 249 94 By amount of repayments with no corre- sponding expenditures, 1851 .... -. . . . . . . . . . 21 621 05 B.v amount of repayments with no corre- 14,179 45 sponding expenditures, 1852 .•. . -- .. - .. _... 1~. 805, 65:! 36 By balauco .. _. ··-. _..• _.....••••. --· •• -··.- · • - - - - - - - - 2, 324, 050, 879 04 2, 324, 050, 879 04 === 1, 1861 To balance.··-··------- •••••• ····-· •••. ····-· year 1862 To appropriation (b).····-···---···-·- .. ··--- 12, 805, 652 36 673, 448, 954 36 1863 .••••. do·--····-·---···--·--·--···--·--·-···-· 1, 774, 341, 938 91 Fiscal year 1862 1862 i By receipts (a) Ordinary. . . $581, 628,181 26 ~ 581 679 91 93 Trust fuuds 51, 734 67 S By surplus func (d) . ........... . . . . . . . . . . . ·' ·• 5 375, 814 27 1864 •••• -.dO •• - .......... - .. -·-·---····-··-········ 799, 640, 714 58 ~i :;;~:: ~1 ~~~~~. ~~:. ~~:-~~;. ~~- } ~~. 1865 .••••. do.- ............ ____ ........ -... ··-······ 2, 061, 582, 607 14 1863 186G .•.••. dO·-·····················--· .. -·-·- .... . 818, 768, 1~2 52 1863 8S9, : : :: 1867 .••• -.do .••.•••••• ······-····· ............... . 1, 055, 611, 178 54 1• 389• 466• 963 41 t 1, 393,461, Ol7 57 1868 . ··-·-do--- .•••••• •••••• ••••..•••••• ·- •• -· ·- •.. 986,197,619 27 1864 By receipts · -· ~5 Ordinary Trust fund& 3, 994, 054 l(i S 1869 ...•.. do.·-··········· .......... ··-····--··-·· 589, 480, 722 50 1864 By surplus fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 459, 845 16 1870 ··---.dO--········· ----- -··- .. ••···- -··· .. ·--· 689, 652, 190 08 5Ordinary . I, 801,792,627 51 t l, 80S, 939, 345 93 July 1, 1870 To balance ....................... ·-··-····--· 1865 By receipts 92, 996, 304 !J:J ·· "l Trust funds 4, 146,718 42 5 1865 By surplus fund·-·--··---··· .. --.··--··.... 3,457, 463 0:1 1866 ~~~;rut: ~a~::::.-~:::::::::::~::::::::: 1. 27~: r.~: ~~ ~~ 18G6 1867 By receipts. . ...... -- .•........ -.. . . . . • . . . . . 1, 131, 060, 920 56 1867 By surplus fund.-- .. --·-··•·--- · ·--···-·-·· !!3:>,305 f! t 1868 ~~~:;iru~ £~a:::::::::::::~::::::::::::::· 1,0~~~:~~ ~: 1868 1869 1869 ~~ ~!~;l~ f~d:::::::::::::::::::::::::::: 1870 By receipts .. ----·--··--··· .•.. -·.---·····-· ~~: ~~~: ~ m 6!!6, 729,973 G3 1870 By surplus fund .•••••.••••• ._ •••• __ ••.••• _. 3, 59-2, 259 44 9, 554, 521>, 005 2'2 9, 554, 526, 005 ~ 5156 CONGRESSIONAL RECORD-SENATE. AUGUST 4, . Appropriation accounts, under-which an accOunt i" k~t 111Uh each appropriation. EXPENDITURES. APPROPRIATIONS. (ne 30, 1861 To amount of warrants issued to date .•••.•.. $2,236,953, 176 27 June 30, 1861 By appropriations to dare................... $2, 324, 050, 879 o.l To surplus fund ....... . .... . . . . . . . . . . . . . . . . • . 43, 606, 605 26 To amount erroneously carried to the surplus fund in 1847 and restored in 1850 ... .. •.•••• 152,249 94 , To amount of repayments when there were no expenditures, 1851 .....••....•..•.•.....•••. 21,621 05 To amount of repayment-s when there were no expenditures, 1852 .• • . . .••.•••..•.••••• . . •• 14,179 45 To balance of appropriations ..•..••.••••••.. 43, 303, 047 07 2, 324, 050, 879 04 2, 324, 050, 879 04 ·fscal ·year 1862 To amount_ of~ Ordinary.... $570, 841, 700 25 warrauts1s- Trnstfund.. sued (c) .••. 17 , 040 75 1 570,858,741 00 July 1, 1861 Fiscal year 1862 By balance of approptiations .............. . By appropriations (b) ..................... .. 1863 By a.ppropriations ..•......•...•.... ..•...• 43, 300, 047 07 673, 448, 954 36 1, 774, 341., 938 91 1862 1863 To surplus fund (d) .. • .. .. .. • .. . • • .. .. . • •• • • • To amountis- warrants of~{ Ordinary·... 895• 796• 630 65 sued (j) . .. . Trust fund.. 30, 729 59 l 375, 814 27 895, 827,351 24 1864 ...... do .................................... . 1865 ...... do .................................... . 1866 .. .... do ................................... .. 1867 ...... do ....................... ~ ........... .. 799, 640, '114 58 2, 061, 582, 607 14 818, 768, 12-& 52 1, 055, 611, 178 54 1863 1864 To surplus fund . . . . . . . . . . • . . • • • • • . . • . . . .. . • • . To amountis- warrants 1 of Ordin.a ry ·· · • · 1• 298• O!'i 6, 101 89 } 1 298144 665 00 sued....... Trust fund.. 88, 554 11 • • • 553, 928 40 1868 ...... do ............•....•••... ; ............ . 1869 ...... do ..................... : ••';-:::~ ••••.•• . 1870 ...... do ..................... ............... . 986, 197, 619 27 589, 4 0, 722 56 fi89, 652, 190 08 1864 To surplus fund........................ . . . . .. 7, 484, 845 16 1865 To amountis- warrants of { 0 r din ary · · · · l, 897• 674• 2-~4 09 ~ 1 904 916 466 · 09 sued....... Trust fund.. 7, 242,242 00 • • • 1865 To surplus fund...... . . . .. . . .. .. .. . . . .. .. • . .. 3, 457, 463 03 1866 To amount of warrants issued . . ... .......... 1, 141, 072, 665 09 1866 To surplus fund.............................. 1, 31T, 884 95 1867 To amount of warrants issued . • . . . . • • . • . . . • . 1, 093, 079, 655 27 1867 To surplus fund......................... .. .. 935, 305 81 1868 To amount of warrants issued . • . . .. . . . . .. . • . 1, 069, 8 9, 970 74 1868 To surplus fund.............................. 68, 587, 965 49 1869 To amount of warrants issued . . . • . • . .. • . • • .. 584, 777, 996 11 1869 To surplus fund.............................. 58,739, 194 63 1870 To amount of warrants issued • . . . . . • • . • • . . . . 702, 907, 842 88 1870 To surplus fund.............................. 3, 592,259 44 July 1, 1870 To balance............ .. . • . • . . • . . . • • • • .. •• • • . 85, 53'~ 079 43 I 9, 492, 027, 095 03 9, 4!)2, 027, 095 O.'J === UNAVAILADLES. Fiscal year 1862 To unavailables (c) .......................... . 11,110 81 Fiscal year 1869 By receipts from unavailables .•••.••.•..••. $6.493 6:l 1863 ...... do .................................. .... . 6, 000 01 July 1, 1870 By balance ................................ . 924,267 82 1864 ...... do ..................................... .. 9, 210 40 1865 •••••• do ..... ................................. . 6, 095 11 1866 .••••• do ...... . ............................... . 172,094 29 1867 .••••• do ...................................... . 721,827 93 1869 .••••• do ................ , ..................... . 4, 42-2 90 930,761 45 930,761 45 T1'ea.,urer's general account. RECEIPTS. EXPENDITURES. June 30,1861 To receipts to dare ........................... $2,267,450,570 98 June 30, 1861 By amount of warrants paid .....•......... . 2, 236, 486, TI3 15 By balance in Trea.sury ...•....•...•........ 30, 963, 857 83 July 1, 1861 Fiscal year, 1862 To balance in Treasury ...................... . ' To receipts (a) ... ..................... ...... . 2, 267, 450, 570 98 30, 963, 857 83 581, 679, 915 93 Fiscalyear, 1862 1862 2, 267, 450, 570 98 565,667,358 08 11, 110 81 -~~ ~d:i~-~::::::::::: :::::::::::::::::::::::: 1863 889, 37!), 652 52 186J 899, 915, 911 25 1864 1,393, 461,017 57 1 63 6, 000 01 1865 ...... do ..................................... . J, 805, 939, 345 93 1864 1, 295, 541,114 86 1866 ...... do .................................... .. 1, ~70, 884, 17:l 11 1864 9, 210 40 1867 ...... do ..................................... . 1, 131, 060, 920 56 1865 1, 906, 433, 331 37 1868 ...... do .................................... . 1, 030.749, 516 52 1865 6, 095 11 1869 ...... do .................................... .. 609, 621, 828 27 1866 1, 139, 344., 081 95 1869 To receipts from una.vailables .•..•• . ••....... 6, 493 63 1866 172,094 29 1870 To receipts .••..••..• ~ ....................... . 696, 729, 973 63 1867 1, 096, 351, 566 66 1867 721,827 9J 1868 1, 069, 37;!, ~45 :36 11369 585, 133, 289 12 1869 4 422 90 1870 703, 155: 391 44 July 1, 1870 178,731, 643 96 9, 440, 476, 695 50 OUTSTANDING WARRANTS. June 30, 1861 To balance outstanding .... ..... ........... .. $466,463 12 June 30, 1861 By amount issued but unpaid to dare ...•.. . ~466,463 12 July 1, 1863 To outstanding warrants p'd during the year (f) 3, 988, 560 01 ,Tuly 1, 1861 Bybalance . ............................... .. 466,463 12 July 1, 1865 To outstanding warranta paid during the year 1, 527, 190 23 July 1, 1 62 By warrants issued in year but not paid (c) •• 5, 191, 382 92 July 1,1867 ...... do ... . ................................. . 3, 271, 9 Ll 39 July 1, 1864 By warrants issued in year but not paid ... . 2, 603, 550 14 July 1,1869 ...... do ..................................... . 355,293 01 Jnly 1, 1866 ..•••. do . ................................... . 1, 73 . 909 09 July 1, 1870 ...... do ..................................... . 2H, 548 56 July 1, 1!:!68 . ..... do ................................... .. 517,725 38 July 1, 1870 To balance ................................. .. 1I 127, 527 45 10, 518, 030 65 10, 51 1 030 65 BALANCES. July 1, 1870 Unappropriated bal!!Jlce .................... .. $9-2,996,304 90 ' July 1, 1870 Unavailables ........................... . ... . $924,267 82 July 1, 1870 Balance of appropriations .................. .. 85, 53~ 079 43 July 1, 1870 Balance in Treasury ...................... .. *178, 731, 643 96 July 1, 1870 Outstanding warrants ....................... . 1, 127, 527 45 179, 6!>5, 911 78 179, 655, 911 78 *Includes amounts deposited with the Stat~s. 1876. CONGRESSIONAL RECORD-SENATE: 5157" First iB the general alanations: fund. The first statement given is a statement showing the various acts of Congress au- As there is 11.0 way by which money can be taken out of the Trerumry except thorizing the different issues of the securities of the United States, "leno-th of the through an appropriation, the only way the Treasurer can ' receive credit for loans, 11 "when redeemable, 11 "rate of interest~" "price at which sold, ,p.. amount moneys for whJCh he is responsible which have been lost through the defalcation authorized," "amount iss ned," and "amount outstanding, 11 and the amount above of depositarie~1 or by which such defaultin~ officers can be personally charged on given, $2,656,603,955.73, is correct; which, it must be borne in mind, only represents the books of tne Department, is through tne medium of an aecount designated the principal of the outstanding issues under various acts. This statement has uni- "unavailables," to which all unavailable funds are charged whenever the Treas- formly been made up from the loan accounts. . urer receivea credit for them. If any amounts are afterward recovered on this The second amount given as the debt., $2,645,170,294.16, by the monthly debt account, the "unavailable " account 1s credited and the Treasurer charged. statement July 1, 1869, is a miBrepresentation; the amount of the principal therein An inspection of these accounts will show that the expenditures of the Govern: being 2,597,722,983.37, to which is addedaccruedinter11st,amounting to 47,447,310. 79, ment may be stated from either the appropriation account or the Treasurer's gen- makrn_g a total of principal and interest corresponding to the figures abovE\ given, eral account of receipts and eXJ>enditures, the difference being that the Treasurer's $2,64a,l70,294.16. It will be seen at once that the first and second amounts are account will only show warrants paid, while the appropriation aeaount will show obtained from different data, the first treating of principal of the debt and the. all the warrants issued. The harmony, then, between these two accounts will second of principal and 'tccrued interest, and tor this -reason are not comparable. always be complete when the outstanding warrants are taken into account. The discrepancy, then, to be explained is the difference botween these two For the years 1862, 1863, lB64, and 1865 the receipts and expenditures of the Gov- amounts, representing, respectively, the principal of the public debt by the finance ernment were published in the finance reports, excluding the trust funds . This r eport of 1869, 2,656,603,9:J5.73, and the monthly debt statement July 1, 1869, was done in accordance with the custom referred to, which had obtained since 1842. $2.597,722,983.37, a difference of 58,880,972.36, which arises in the followin~ manner: and which was changed to the present system in 1866. (See finance report, 1865; Included in the items which form the aggregate of outstanding prmcipal in page 2.) finance report, 1860, page 27, authorized under various acts, are the bonds issueu The Re!rister of the Treasury, since the commencement of the Government, has to the se>eral Pacific Railroad Companies, amounting to $58,638,320 and$113 915.48 pursued t'ii.e system of stating the expenditures of the Government by the Treas- of "old funded debt," which had never appeared in any of the debt statements urer's accounts, (warrants patd;) but as this account cannot be settled in time to prior to January 1, 1870. The following loan accounts outstanding appeared be included in the finance report, the expenditures, as shown by the appropriation larger in the finance report by the amount opposite each than in the monthly accounts, (warrants iBsned,) are used for the tinle being; but as soon as the Treas- debt statement of July 1, 1869, for the reason that the latter f)tatement (as will be urer's account is settled, the correct amount by warrants paid iB substituted in the seen from the following words thereon : "The foregoin9 is a correct- statement of published tables. During the war the settlement of the Treasurer's account was the public debt as appears from the books and Treasurer s returns on t.h e morning so far in arrea.r s that the change from warrants issued to warrants paid was not of the Ist of July, 1869 ") exhibited the debt as it appeared on the 1st of July, 011e made from 18fi2 until 1869, when the changea in the years 1862 to 1866, inclusive, day later than the former statement, and which had items of redemptions by the were effected. Treasurer deducted from it that did not, in the re~r order of business, reach PUBLIC-DEBT STATEMENT. the books from which the former statement wa!! mane up, in tinle to appear in the business of the year closing with the date of that statement: This statement was, prior to 1871, -prepared from the "issues and redemptions," but in that year a thorough examination was had of the receipts and expenditures from the year 1836, when there was no public debt; every item of payment on ac- count of public debt was scrutinized. The object of the examination was to prove £~Fa~~n~tJ~~ ~~~~~~:::: :::::::::::::::::::::::::::::::::~::::: ::::: :~ ~ ~ Fractional currency. .. . . . . . . . . . . . . . • • . • . . • . . • • . . . . . . . . . • • . . . . . . . • . • . . • . 52, 609 63 the accura{)y of the accotmts by showing the public debt to be the difference be- tween the receipts from loans and the payments in redemption. Various differ- Those items aggregate 58,880,972.36, and explain the difference between the st-ate- ences were, however, found to exist, not l.n any manner affecting the cash in the ments under consideration. Treasury, which are fully explained in the following statement taken from the 'Ihe statement by finance report, 1870, pa.,.e 25, that the debt on June 30, 1869, finance report for 1871, page 20 : · amounted to $2,588, 452,213.94, will be found, when the following explanations are con- The statement of the receipts and expenditures, on account of the BH1ered, to harmonize with either of the former statements. It may, however, be principal of the public debt, as per tables M and N, shows the more clearly understood by first comparing it with the monthly debt statement July net receipts from the organization of the Government to June 1, 1869, the difference between them being $9,270, 769.4:J. By reference to the inclosed 30, 1871, to have been ..... ...... . .................. . ........... $7,094,541, 041 38 copy of that statement, it will be observed that among the assets of the Govern- The expenditures for the same period were. . . . • • . . . . • • . . . . . • . . • . 4, 857, 434, 540 51 ment, coin and currency, will be found " sinking fund, in bo::1ds bearing coin in- tereat and accrued interest thereon," $8,867,282.07. These bonds had been pur- Leaving . . • . . . . . • • . . • • • • •. . . • • .. . • . • . • • . • • • • . . . . . . . . . . . . • . 2, 237, 106, 500 87 chased by the Secretary of the Treasury between May 1 and J nne 30, 1869, for the "sinking fund," and paid for from money in the Treasury, and there being, at that as the amount of the principal of the public debt outstanding and unpaid on June time, no authority of law for deducting them from the outstanding debt, they were 30, 1871. held by the Treasurer as a cash item, and included in the monthly debt statement The amount of the principal of the public debt, outstanding and unpa,id, as as still a part of the outstanding debt. Congress, by the sixth section of the act shown by the monthly debt statement for Jn.ly 1, 1871, and tables I and L, is of July 14, 1870, directed that t.hese bonds should be canceled and destroyed, and $2,353,211,332.32, showing a dlfference of $ll6,104,83L.45 more outstanding by debt deducted from the amount of each class of the outstanding debt of the United statement than by the statement of receipts and expenditures. This difference iB States to which they respectively belonged. In compliance therewith, the amQunt thus explained: The following stocks were issued in payment of various old debts of the principal of bonds purchased up to June 30,1869, 8,691,000, was accordingly and claims, but in the transactions no money ever came mto the Treasury. On the deducted from the principal of the debt as it appeared 0:1 that dat.e. The furtlier maturity of the stock it was paid off, showing an eXJlenditure where there had sum of $580,769.43, consisting of a large number of items, too numerous to be here been no corresponding receipt: enumerated, of accrued interest and premium on loans ascertained, by a readjust- · Revolutionary debt of the several States, estimated...... . • . . . . . • . • $76, 000, 000 00 ment of the loan accounts extending over a period of fifteen years, to have been Mississippi stock, exact. ..... . . . . . • . • • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . 4, 282, 151 12 carried to the principal-account, instead of the separat.e accounts to which they be- Louisiana. purchase, exact. . .. . . . . .. .. . . . . . . . . .. . .. • . . • • .. • . . . • . . . . 11, 250, 000 00 longed, is here deducted. These two items make the difference, $9,270,769.43, be- Washington and Georgetown debt to Holland, exact............... 1, 500,000 00 tween the second and third statements. United States bank stock, exact................................... 7, 000,000 00 The fourth statement, that the Register (finance report, 1870, page 276) states Six per cent. navy stock, exact....... ... . • • . • . • • • • . . . . • • • •. • • • . . . . . 7ll, 700 00 the public debt to be s~.489 , 0()-2,480.58 on June 30, 1869, and apparently differing to Texas purchase, exact .... ... -.... . . . . . .. . . . . .. . . • . . . . . . . . . . • • .. .. . . 5, 000,000 00 the extent of 167,601 475.15, from the amount represented by first statement, will Mexican indemnity, fourth and fifth installments, exact............ 303, 573 92 be found, by analysis of the data from which it was made, t{) harmonize, instead In addition to the foregoing, the following am01mt is to be added, of to conflict. with the other statements. This statement waa made upon the basis being composed of discount suffered in placing toans, interest paid of the monthly debt statement issued July, 1869, (with which it will be found to and erroneonsly charged as principal, and various errors in se$- a$fee,) and differs from the other three statements, in that it shows the net debt of tling and stating loan accounts. All of these latter and the £evo- tne Government, including the accrued intereat thereon, after deducting cash in lutionary debt are now being investigated, and will be explained the Treasury, namely: in a futura.report in detail .....•.•••.......•.......·.............. 10, 057, 406 41 Total debt, principal outstanding, (see second statement) ..•..... $2, 597, 722, 983 37 Accrued interest................................................ 47,447,310 79 116, 104, 831 45 Total debt, principal-and interest......................... 2, 645,170,294 16 It must be borne in mind, in reading this explanation, that the errors alluded to D educt amount in the Treasury, coin, currency, and sinking are not such as in any manner affect the cash account of the Government, or re- fund.......................................................... 156,167,813 58 flect upon the integrity of former officers of the Treasury. .A. part of the differ- encea has arisen from a want of knowledge and care on the part of subordinate Amount of public debt, less cash in the Treasury. . . . . . . . . . . . . . • . 2, 480, 002, 480 58 clerks in stating Joan accounts, but much the larger proportion has occurred from a want of unity, system, and proper metlwd in the accounts as heretofore kept in The four statements may be summarized in the following manner: the Department. .And these latter defects are partly owing to a want of sufficient The first is an exhibit of the amount of the principal of the United States secur- legislation to enable· the accounts to be properly kept. .A. bill was presented to ities and Pacific railroad bonds, issued under various acts of Congress, outstand- Congress at its la-st session which was intended to supply this deficiency. It pa-'lsed ing J nne 30, 1872. the H'Ouse, but was not reached in the Senate. Unti1 there is legislation, these The second is a statement of the principal of the outstanding debt, including errors and defects in the accounts must be perpetuated, and others must be made. the accrued interest thereon, with the Pacific Railroad bonds excluded . .A.s an illustration of the class of differencea which require legislation before they The third shows the outstanding principal of this debt with the sinking fund de- can be corrected, the two following are given: In 1850 there were 5,000,000in bonds ducted, in accordance with the act of Congress of July 14, 18i0, and exclusive of issued to pay Texan indemnity. For these bonds no money was ever received, and the Padfic P.mlroad bonds. therefore there is no entry representing them on the credit side of the account, as The fourth is a statement of the net debt of the United States, principal and ac- in ordinary loan transactiOns. When the stock matured it was paid out of the crued interest, with the cash in the Treasury deducted. Treasury and charged in the loan accounts, thus erroneously reducrng this account The publication of these statements by this Department was in accordance with by just the amount paid. The loan of February, 1861, was sold at a discount of law, and while, as has been shown, they differ materially only in the data upon $2,019,776.10. Only the difference between the amount of this loan and of this dis- which they are ba-sed, they afford an opportunity to persons of dishonest motives count was received into the Treasury. The loan appears in the debt statement at to ignore that fact, and present them to the public as conflicting and untruthful the par of the issue, but in the receipts and eXJlenditures it can only appear (for statements made up from the same data. want of a premium and discount aecount) at the actual amount of money received Referring to that portion of your letter respecting the discrepancies in the Reg- for the loan. ister's statement of the public debt, as shown by the receipts and eXJlenditures of The followin~ copy of a letter prepared by- the present Assistant Secretary of the the Government, I submit the following in reply: Treasury, Mr. l..ionant, under the direction of the Acting_Secretary of the Treasury, It must be obvious to any one that the difference between the .receipts from loans 5158 CONGRESSIONAL RECORD-SENATE. .AUGUST 4, issued and the payments, or redemption of loans, should represent the outstand- Ga8h, Dr. in~ debt, and that it shoUld so appear IJy the receipts and expenditures issued by To amount deposited in the Treasury and covered by warrants, the Register's Oflice. (page 13) ..... , ..•......•. . ...•....••...•••.•. . ••••• ••• •••••• $14, 973, 305, 670 59 An examination into these accounts, extenc~ng back to the organization of the To amount deposited and not conred, (page 470)............... 1, 072, 002 73 Government, was instituted clurinl{ 'he early p:l'l:t of the present administration, disclosing the fact that the difference arose in the old antllon:!·Standing accounts, Total..... . .... . .......................... . . . ............. 14, 974, 377, 673 32 by reason of certain stocks, such as revolutionary, Mississippi stock, Louisiana purch u ~>e, United States Bank stock, 6 per cent. Navy stock, &c., havin~ been Gash, Or. issued in payment of various oltl debts and claims, ami that in the transaction no money e>er came into the Trrasury as a receipt, whilo on the other band tho stock By amount paid on warrants, (page 17) .•.•••.•••••• •• •' • •••• • •. $14,797,839,742 74 as it matured was paid o~ thus showing an expenditure where there had been no By amount deposited with the States, (page 17)...... . ......... 28, 101, 644 91 coiTesponcling rece1rt. lly amount unavailable, (page 13) . ..... . . . . . . . . . . . . . . . • . . . . . . . . 2, 661, 8U6 53 These discrep:mme" have existed for many years, but were not brought to light By balani:e on hand in the several offices and depository banks until an attempt had been mado to reconcile a statement which in itself was a con- or in transit, {page 4Gl) . . • • . • . . • • • • • • • • • • • • • • • •• • • • • • •• • • • • • • 145, 774, 419 14 tradiction. These discrepancies do not in any way att't:ct the cash accounts of the Government or reflect upon the integrity of former officers of the Treasury umler Total....... . ...... . ...................... . .. .. .. . ....... 14,974,371,673 32 whoso au ministration the disCI·epancies occurred. They arose from a system of For the riC'ported balance on hand J one 30, 1875, as above set forth, examinations book-keeping which was defective aml which has been Qf late years gt·eatly im- of tho offices and mints made at that time or soon after, show in every instance the proved. . actual cash as stated excepting certain losses explained on page 464. For the This matter is more fully explained O'Q. page 20, finance report, 1871. amount in depository banks tho Government holds ample security. It is proper here to statu that all the statements of the public debt have hereto- From this statement it will be seen that such an accountability for the moneys fore been ma(le from tho loan accounts, independent of the Rep;ister"s receipts aml recch·eu and disbursed has always been so enforced by this Department that ev.ery expenditures. aml that, therefore. they have never been affected in any way by the cent of money received by the Government since itsorrranization is either on hand differences alluded to. It is by the monthly debt statement~ which is the balance- or properly acc,mntetl for, and the discrepancies in the statement of receipts and sheet of the public-debt led"er, (and into which enter the p1incipal of thu tlcbt, the uxpenditnres, loans, or the debt of the Government from time to time, have arisen accrued interest thereon and intcre11t unpaid, and the cash in the Trea ury,) that from clerical or typographical enors, different clas.~ification of items or form of the debt of the United States and the roouction thereof have been shown by the statement, or from omissions to Jdebit and credit like amounts, which, under a present administration, and this is the only statement of the public debt which em- better system of book-keeping, would have been done when 'the transactions oc- braces all the data upon which it is based, showing both the assets and liabilities cm·refl. of the Government. Some of the discrepancies referrecl to l1ave actually existed for many years, in An examination of these statements will show the care and accuracy with which fact commencing with some of the account.s of tho firstloans issued by the Govern- they ha\·e been prepared, ancl that they are free from all errors, and as reliable as ment, and were .first shown in the reports of the years 1870 and 1871, for the reason tho suienco of accounts can make them. that uuring that period an examination into the subject was begun, and changes I am, very respectfully, WM. A. RICH.ARDSO~. were then made in the published statements as the result of such examination. Acting Secretary. It must be obYious that in caso loans are issued at par, tho difference between the The present system of statiny; the public (lebt not only includes the amount of amount of money received into the Treasury for loans issnecl and tho amount paid each loan, but accrued interest thereon to date, and the actual money an hand avail- out in redemption of loans should represent the outstanding debt of the Govern- able for the J?Drpose of pa~· ing tho clobt. This cndnntly is the lrno ami proper ment. mode of showm~ the amount of tho debt. because it exhibits the exact ba.lauce due The accounts of receipts and expenditures by warranU! on the Treasurer, which from the United States after deducting the money on hand at tho tlate of the state- are t.he ca h accotm ts of the Government, should: aLo at all t: mes oxhi bit the amount ment. of tho public debt. .As formerly kept in the Department they do not, for there..'\- Whether the attempt to apply this rule of stating the public debt to fonneryears son that in many instances stocks were issued directly from the Treasury to pub- was wise or not, it is manifest to your committee that ft·om the tinle this form of lic creditors in payment of old tlebts and claims, anil therefore in the transaction no statement was issued it has been concederl to be more satiiifactory ancl more accu- moneys came into the Treasury and no warrants were issued. In many cases loans rate than the previous statements; and, from 1 71 up, the statement of 1ho publlc were placed at a discotmt, and only the actual moneys received therefor were crecl- debt exhibits all the elements to show its preciRo condition, as well as the amount itec1, Df) discount account. having been kept. When these loaDE! matured they wero of the available money on baud aJ?.-r,licable either for the pa,vment of the public paid at their par value, and therefore the account!! of receipts and expenditures and debt or for current expenditures. I be cli::~crepancy between tho sta.tements under the loan acco:mts were found to differ to the extent of such transactions. the new mode and the old is the principal one pointed out nnd explained in these .Attention is invited to the explanation on page 20, finance report, 1871, of some papers, ancl it is a remarkable ev1dence of the accuracy of the books of the Treas- of theso differences. ury that after careful analysis these apparent dii:!Cl'Cpailcies are fully explained. In this connection it should be stated that in no instance has there been any Your committr.o, in conclusiOn, would say that they are fully satisfied that there erasure or alteration in the books and record.s of this Department~ and the changes has not been the slightest change in the books of the Treasury. made in the published reports have been onl.v to express with greater accw-acy the Your committee are not prepared to recommend any change in tho mode of keep- precise condition of the public accounts, as shown by such boolrs and records. in:,t or making public these accounts. The.system is 1ho growth of the experience It is thou)lht that the accompanying papers, to which your attention is respect- of the Department sir.ce its orgauiza.tion, and it would be a very delicate and dan- fully invited, will show fully why tho changes havo been made in the reports. gerous task to propose any change in this respect. Certainly it ought not to be Any additional legislation which may be desired to insure greater accuracy in done without a much more full and critical examination than your committee could future reports will be considered hereafter. make without the aid of experts and tho most careful study. Very respectfully, · Your committee have found no want of intelli~ence in keeping these accounts or B. H. BRISTOW, Secretary, readiness to explain them and to a~count for every item. In making the exami- Hon. JOHN SHETULL~, nations the Treasury Departmeut has been called upon to verify the receipt and ex- Ohairman Gommittce on Finance, United States Senate. penditure of nearly fifteen thousand millions of accounts; a task which involved much labor and time. The committee sub mill as a part of their report tho accompanying statements: RECEIPTS. . TREASURY DEPARTlf.ENT, May 4, 1876. The discreJlancies iu the tables of receiptR arise from "trnl'lt funds" and "una. Srn: I have the honor to acknowledge the receipt of your letter dated February vailablcs." From 1812 to lt!65, trust funds were regarded as specific appropria- 9, 1876, transmitting a copy of a. resolution adopted in the Senate of the Uniteil tions, and unavailable for general expenditure. States, January 24. 1876, in I he following words: . The balance on hand in the Trea ury each year was stated exclu ive of any "That the Committee on Finance be instructed to investigate the books and ae- moneys in the Treasury to the credit of these funds, and the receipts from these counU! of ~be 'l:reasnry Department, particularly with reference to discre.{lancies sources ancl expen issued; but Choctaw schools············=······.......... 319 91 it has also been the custom to correct these statements in subsequent reports, as Navy pension-fund ...••....••. ··u·• ..... .... 3, 013 44 soon as the Treasurer's accounts are settled, by deducting outstamling warrantd. Owing to the vast increase of business in the 'l'rea urer's, Auditors'. and Comp- 23,333 35 trollers' Offices during the war, the accounts of the Treasurer were not settled for Less repayment, Navy hospital-fund ............... . 6, 292 60 two and sometimes three years after the clos~ of the fiscal year. On this account these annual corrections were not made for the years 1862, 11363, 1864, and 11365, un- (See Appendix B.) ----- 17,040 75 til the settlement of the account for 1866. The amount of outstanding warrants 1863-..A. wards . ..................................... . 3, 043 3L for t.b e year 1866 is shown on page 19 of the finance report for 1871, unuer each Cherokee schools ..•••.••••••.....•.....•..••• 13,065 87 head of expenditure, agrrregating 4,484,555.03. Navy pension-fund ........................... . 3,162 04 With the exception ofa few typographical or clerical errors, the discrepancies in Kansas schoots . .............................. . 600 00 the two reports arise fl'oru the causes enumerated. There are other apparent dis- Navy hospital-fund .••...•.•••....•••.••..••. 10, B:i8 37 crepancies arising wholly from classification ; but in no instance do the settled and 30,729 59 determined sources of revenue, such as custorus, lands, direct tax, and internal (See Appendix C.) revenue, nor the well-defined cla ses of expenditures\ snob as War, Navy, Interior, 1865-Navy pension-fund .......................... . 7, 047, 200 65 &c., disagree, except as stated. It is only in separating public 1lebt from miscella- Chickasaw fund ......••••..•..•..•.•...••.••• 122, 25() 96 neous, and civil from foreign intercourse, that discrepancies in classifioation occur, Cherokee schools .•••••••...•.••..••........• 4, 692 42 which de.pend entirely upon the juu:nnent of the clerk making the classificat-ion. Choctaw schools ...•.•.•.........•••......•.• 21,610 30 These tables are given as a condensed synopsis of the books of the Department, Kansas schools ............................. . 1, 312 50 and changes and alterations in classification or form do not imply changes in the Navy hospital-fund .•••••.••.•••..••..••••••• 45,169 17 books in which the receipt!! are enteretl in detail, under the general classification 7, 242, 2·12 ()() of " customs," "lands," "direct tax," "internal revenue," and •· miscellaneous," (See Appendix E.) and the expenditures in detail, under each head of appropriation as authorized by Total. ..................................................... . 7, 290, 062 34 law. As 'soon as the public accounts are audited and settled by the accounting from which deduct outstanding warrants: . officers they are laid before the House of Representath·es in detail, in accordance Jnly 1, 1 66, per "receipts and expenilitnres" 1866, with the standing order of the House of December 30, 1791, and the act of August page 356 . • • • • • • • • • • • . • • . • . • . • • • • . • • • • • • • • • • • • • • • • • • • $4, 484, 555 03 26, 1842. L ess the amount outstanding July 1. 1861, per "re- . These accounts as published agree in all particulars with the books of the De- ce.pts and expenditures " 1861, page 385............ . . 466, 463 12 partment, and are the official statements with which all comparisons should be - - - - - $-1,018,091 91 made. PUBUC DEBT. Difference explained . . . . . • • • • • . •. . • • •• • • • • . . • . . • • . •.. • . . • . • • . .. 3, 271, 970 43 Prior to 1871 the outstanding public debt was sta.t.ed from the books of "issues and redemptions." In 1871 this account wa.a re'stated, from 1836, from the "re- In the report of 1870 the expenilitures for pensions are stated for the ceipts and t~xpenditures." From the nature of these two accounts the amount out- year 1864-'65 at ... ... .. ........................................... .$16, 347, 621 34 standing will not agree at anY. period, although when broul!ht within the same In the report for 1869, for same year, at............ . . . . • • . . . . . . • . . • • . 9. 291, tilO 48 dates and to include the same 1t•~ rus there will be no difference. To illustrate: ..A. subscription is made to a loan in June, but the bonds are not issued until .July. On Showing an increase in the report of 1870 over that of 1869 of. 7, 056, 010 86 the 30th of June the outstanding of this loan will be greater by this amount on which is explained as follows: the ''receipts and expenditures" account than on the "issues and redemptions" Amount paid from the Navy pensio:q-fund (Interior Department) for account. investment in Navy pension-fund, (public debt,) per act of July 1, Secretary- Fessenden, on page 7 of his report for the fiscal yt>f 1869 of P 4, 015, 810 99 5160 CONGRESSIONAL RECORD-SENATE. AUGUST 4, which is the amount of "outstanding warrants" paid during the In the report for 1870 for the same year, the debt is stated as year, aa follows: follows: 1862. ·······••··•••••·••••·••·•····•··••••··•••··•· ·• ····•••··••• $514, 211, 371 92 The outstanding warrants on this account at the close 1863. -·-···· ............•.............•..••......••.•....••....•• 1, 09 '793, 181 37 of the fiscal year 186<1 (see "receipts and expendi- 1864 .................... , ....................................... . 1, 740, 690, 489 49 tures" for 1862, pa~e-274) amounted to ....... .....• $5. 306, 612 24 1865 .......•..•••.•.•••••.••........•••••...•.•..•.......•....... 2, 682, 593, 026 53 And at the close of tne year 186a, page 242, to . • • • • • • 1, 290, 801 25 1 66 .••.••.•......•.••.•••..•...••.•....•..•.•.........•••..••.•. 2, 7t!3, 425, 879 21 4, 015,810 99 1867 .......•••.•..••... ···•·· .••.•......• ·•·•·····•··••··•··••••• 2, 692, 199, 215 12 Showing that there was paid during the year .•••••...•.•....•• . ••. 2, 636, 320, 964 67 1868 ..•.•.• ················-··············· ...•.. ··· ·- ·······-··· 1869 .. ••.•••.•.•• -- •.... -.... -.•........... -.•..••••••..... -.. -.• 2, 489, 002, 480 53 In the report for the year 1870, the expenditures in the Indian De- 2, 386, 3!:;8, 599 74 partment for the year 1863 are stated at.......................... 3, 152,032 70 1870 ..••......•......••.....••.. ···········••···•·········••····· In the report for 1868 at f1, 076,326.35, which is the item of ex- Total ... . . . ............................................... 19, 023, 595, 208 63 penditure on account of "Ptmsions," through a clerical error tabu- lated under the head of "lnlaans." Difference or increase, as shown by the honorable Senator from The expenditures on account of "Indians'' appear in the same West Virginia, in the report of 1871 over 1870 of. . . . . . . . . . • . . . . 248, 960, 352 94 table, onder" Pensions," at..................................... 3, 140,194 44 But this difference 'or increase aa thus shown is erroneous. It bJ a comparison of the sum of running balances between which no intelligible C\7!IIparison can be made. Showing an increase in the report of 1870 over that of 1868 of. 11,838 26 The proper way to make the comparison is to find the increase or decrease on each Which is explained as follows: account for each year, and thus determine the 'lL"'gregate increase on each account Trust funds, Cherokee and Kansas schools ..••••.•••••.•••••.•.••• 13,665 87 since 1861, the difference between which will be the true difference in the accounts. "Reliefs" brought from pensions .•••.••••••••••.•.•••••••.••••••• 496 80 The following will explain the difference : 14,162 67 Statement of the increase or decrease of the public debt in each year fi·on' Less warrants issued durin? the year but not paid. 1861 to 1870, ·hwlusive, shotoit~g the net difference between the " receipts "Receipts and expenditures,' 1862, page 257, and 1863, page 231 .•• 2, 324 41 and expenditu1"es '' account and the "issue and 1·edcmptions" aorount. Difference explained . • . . • • • • • • • • • .. • • • • • • • • • • • . • • . • • • • • • • • • • 11, 838 26 ~ear. Debt. Increase. Decrease. Net increase. In the report for 1870 the expenditures on acceunt of pensions for the year 11'!63 are stated at ....•........... ...................... 1, 078, 513 36 In the report for 1868, at 13,140,194.44, which is the amount of Receipts and ex- expenditure on account of ''Indians," tabulated, as stated above, penditures : under the head of "Pensions" through a clerical error. The correr.t amount is ....... . ................................... . 1, 076, 326 35 1861. . • • . • • .. • • .. -. . ; •. - ..... .... - 90, 580, 873 72 -............ . Showing the true difference to"'be .•••••••••••••••••••••••••• 2,187 01 1862. ............ ~'24, 176,412 13 433, 595, 5:i8 41 -.•..••.••••.. Which is explained as follows : · 1863............ . 1, 119, 772, 138 63 595, 595, 726 50 ............. - Navy pension fund . ............. . .....•••...•.....•....•.••••.••• 3,162 04 1864- . . • • . • . • . . . . 1, 815, 784, 370 57 696, 012, 231 94 . -••••.....•• . Less outstanding warrants issued but not paid during the 1865 . .•••• ..•••.. 2,680,647,869 74 864,863,499 17 . •......•...•. year (see "receipts and expenditures" for 1862, page 256, 1866- .•••••.•... - 2, 773, 236, 173 69 92, 588, 303 9!i ...... -.•.... - and for 1863, page 228) • • . . • . . . • . . • • • • • • • • • • .. • • . . • • • . • . . U78 2.1 1867- ..•• -....... 2, 678, 126, 103 87 .. • -... . ... -... -l$!_!5, 110, 069 82 And expenditures under relief act incorrectly:classified un- 1868 .•••••.•... - 2, 611, 687, 851 19 ...•.•.•.. -.•.. - 66, 438, 252 68 • der " Indians, " page 29 .••••••••••••••••••·••• • • • • • • • • • • • • 496 80 1869- . . . . . . . • . • . . 2, 588, 453, 213 94 .............. - )!3, 2.':14, 637 2.'> 975 03 1870............. 2, 480, 672, 427 81 -.•..•... -....•. 107, 780, 7~ 13 Difference explained .•••.•••••••..••.•••• •• •••••••••••.•••.••••••• 2,187 01 12.773,236,173 69 292,563,745 88$2,480,672,427 81 - -.- - · - . REVENUE COLJ.ECTED. Issues and re- In the finance report for 1863, the total revenue for the year, ex- demptions: clusive of loans and Treasury notes, is stated at . ............... 132,889,746 95 In the report for the year 1864, at $112,687,290.95, which should be. 112,697,290 95 1861. . .. • • • . • • • . . -.•... -..... -.. - 90, 867, 828 68 -........... .. 1862. -.......... - 514, 211, 371 92 423, 343, 543 24 . .•...•..•.••. Showing a difference in the two reporta of......................... 20,192,456 00 1863 ..••••..•... - 1, 09 ' 793, 181 37 584, 5 l, 809 45- ... -....••••. Which 1s the amount of receipts for that year from postal currency 1864. . . • . . . • . . •. . 1, 740, 690, 489 49 641, 897, 30 12 . ........... .. 1865. . • . • . . • . . • . . 2, 682, 593, 026 53 !141, 902, 5:17 04 -..•••.•••.•• - ~~~;r~~v~~~~~~ ~ ~~~-~~~~-~-~~~ • .~~- ~. ~~~ .~:~~ -~~ ~~ ~~~ 1 20, 19'2, 456 00 1866- .. .•...•..• - 2, 783, 425, 879 21 100, 832, 852 68 - -- ... -...... . 1867 ............. 2,692,199,215 12 . .•..........•.. 91,226,664 09 The revenue collected during the year, according to the two re- . 1868 ....•....... - 2, 636, 320, 964 67 ....•. -....•... - 5:i, 878, 250 4~ ports, is the aame, with this exception. 1869 . ............ *2, 597,722,983 37 . • .. .• . . . . . . . . . . 38, 597,981 3C In the reports for the years 1870 and 1871, the receipts from internal revenue were 1870 . •••.••.•••.. t2, 480, 246, 027 83 ..... -.•...... - 117, 476, 955 54 included, by a clerical error, in "loans and Treasury notes." This was an error in reviRin~ the tables, and was corrected in 1872, 1870 and 1871 being the only years 2, 783,425,879 21303, 179,851 3l: 2, 480,246,027 83 in which this error occurs. By reference to the "receipts and expenditures" for 186ll, rage 2'2, it will be seen that this amount ($37,640,787.95) of receipts from in- terna revenue was all received from the" Treasurer of the United States," imme- Difference . • • . . ............... -.••••••••••.•...••••••••••••. 426,399 98 diately following which are the receipts from the several loans. The clerk inad- vertentJy tabulated Jhese items together, and the error, irrespective of the incor- *In the Register's report for 1869 the outstand- rect information conveyed by the report as to ihe revenue from thia source, can ing public debt was published (as heretofore have no bearing upon the question of the correctness of the public accounts, nor explained) as . . . . . . . . . . . • . . . . • • . . • • . • . • • • • • . $2, 489, 002, 480 58 does it evidence any change or alteration in the books oft.he Treasury. Which is the amount of the . All the tables and stl\tements contained in the finance reports are condensed debt, less cash and sinking · from the accounts, aod in making such statements errors are liable to occur, and fond in the Treasury, to when they are discovered i~ is certainly proper to correct them. which should be addea t.h e LOANS AND TREASURY NOTES. amount of cash and sinking fond . . . . . . . . . . . . . . . . . . . . . . . . $156, 167, 813 58 The receipts from loans and Treasury notes for the year 1863 are Less accrued interest . . . . . . . • . 47, 447, 310 79 · stated as follows : · ----- 108,720,502 79 In the report for 1863 at . • • . . • • • • • • • • • • • • • • • • • • • . . • • . . • • • • • •• • • • • $756, 489, 905 57 To give the principal of the debt July 1, 1869 .. - - - - - - - $2, 597,722,983 37 In the report for 1864 at . • • .. • • . . • • • . • • • • • . • • • • • • .. • • . . • • • . . • • • . • • 776, 682, 361 57 tIn tho same report for 1870 the outstanding public debt was again published as.......... 2, 386,358,599 74 Showing a. difference of ...• .•....•.......•..• ..••.•.••...• •.•.•.•••. 20, 192, 456 00 To which should be added the Which is the amount of rooeipt-8 from postal currency heretofore amount of cash and sinking shown to be included in net ordinary revenue in the report for fond . ...............••...•.• $144, 494, 984 61 • the year 1863. Less a{}crued interest......... . 50, 607, 556 52 In the report for 1870, the revenue from this source for 1863 is stated 93, 887, 428 09 at .. ...•..••.•.•••• ..••••• ..•......•...•...........•........• .••• 814, 925, 494 96 To give the principal of the debt July 1, 1870 •• - - - - - - 2, 480,246,027 83 Showing a difference, compared with the report of 1863, of ...•.••• 58, 435, 589 39 This difference or apparent increase of the debt as shown in the finance report Which consists of the item of internal revenue, heretofore ex- for 1870 consists of the following items: plained., included in this account .•.••......•..• ............•..•• 37, 640, 787 95 Amount of the bond.s purchased for the sinking and The amounts of receipts from postal currency, heretofore shown to special funds prior to July 1, 1870, bot not received be iocloded in net ordinary revenue ....•..................•..•.. 20, 192, 456 00 and paid for prior to :be passage of the act of July 14, And the following item.~ included in "miscellaneous" in the report 1870, and consequently not deducted from the out- of 1864. (See "recei\)ts and expenditures" for 1863, page 22:) standing public debt on July 1, 1870, on "receipts and Profit on certificate of wdebtedness redeemed before maturity ..•• 20, 425 00 expenditures" account .... .. ... ..........•..••.•..•. $3,689,100 00 Premium on three years' i 3-10coupon bonds .•••••.••..••..••.•••• 581,920 44 (See Note 14, finance report 1871, page 7.) Difference explained. . . • . • • . . • • . . • • . • . . . . • . . . • . . . • . . . • . . • • • . - 58, -435, -- - 589 39 Amounts not included in the"' issues and redemptions" account, but included in the "receipts and expendi- CHANGES IN THE PUBLIC-DEBT STATEMR:>\'T. tures " account: Old debt, 157,665; interest, $6-1,164.81.. .•.•...•.• 121,829 81 In the finance report for 1871 the Register states the public debt 1,104 91 for the followmg years at: ~e~~~l~~~s~p~.: ~~: ~:: ~:::::: ::: :::::::::::: 3, 975 00 1862 . ........................................................... . ~24, 176,412 13 (See Note 10, finance report for 1871, page 7.) 1863 ............................................................ . 1, 119, 772, 138 63 Amount aclvanced to the Treasurer to pay mterest on 1864 ..••••.••••.•••••••••••••.•••••••••.•.•••••.••••.•••.•••••••• 1, 815,784,370 57 certificates of indebtedness, used to redeem principal, 1865.••••••.•.•••.•••••••••••.•••••••••••.•••••..•••••••••••••••• 2, 680, 647, 869 74 thus making a difterence between ·tho two accounts 1866 ............................................................ . 2, 773, 236, 173 69 of. .··-- . -........................ . · · -...... ..... . .. . 21,425 52 1867 .••••••••••••• ••.••••.•• •.••.•••.••••..•••• ••••••.••••••••••• 2, 678, 126, 103 87 Amount of Treasury notes of 1857, uhecked off on the 1868 .............. . : •••.•••.••••••••••••••••..••••••••••...•..••• 2, 611, 687, 851 19 loan books, in excess of redemptions ... .... . ....... . 5,100 ()() 1869 .••••••••••••••••.••••••••••••••••••••••••••••••••••••••••••• 2, 588, 452, 213 94 (See Note 6, finance report for 1871, page 7.) ltl70 ••••••••••••• •••••••••••••••••••••••••••••••••••••••••••••••• 2, 480, 672, 427 81 Amount of loan of 1848 redeemed and twice deducted on loan-books . .. .. ..... .• .....•.............•..••••. 800 00 Total ••••••••••• ,. ......................................... 19, 27::l, 555,561 57 (See Note 9, ftna.n.ce report for 1871, page 7.) 1876. CONGRESSIONAL RECORD-SENATE. 5161 In the examination of the account of the Texan indem- 11 And deduct cash in the Treasury- nity loan, it was discovered that $30.62 had been cov- Coin .......• .......•.........•.........••••••• $87, 507, 402 68 ered as principal which should have been covered as Currency . ..... ...............................• 9, 783, 529 77 in~erest, also that $17,080 was covered as principal Special deposit held for redemption of certifi- which shoulu have been covered as premium" ....•. $17,110 62 cates of deposit as provided by law ..•...•.•. . 31, 730, 000 00 (See Note 7, finance report for 1871, page 7.) $129, 020, 932 45 "In the quarter ending September 30, 1868, $150.22 was covere(l to the credit of priricipal of the loan of 1863, Debt, less cash in the Treasury July 1, 1873. . . . . . . . . . . • . . . . . . . . . 2, 147, 818, 713 57 which should have been covered as premium" .....• 150 2-2 Deduct this amount from the outstanding debt~ less cash in the (See Note3, finance report for 1871, page 7.) Treasury July 1,1872. .. . . ... ...... •... .. .... .. .....•.... .••••. 2, 191,486,343 62 Miscellaneous covering-warrant, No. 459, of December 20, 1865, covered as receipts from principal of 5-20 loan Leaves the net decrease of the debt for the year .••...•.......•. of 1865, $995,247, which should have boon covere{l as premium .............•.............•. ·...••.•........ 995,247 00 (See page 5 of the finance report of 1873.) The out".tandinp: principal of the public debt Making a total discrepancy of . ........•.••.•.•..•......••••••••. $4, 855,843 08 June 30, 1874, was, as already stated ........ ~ 251,690, 468 4.1 · From which deduct the following items : To which add accrued interest................ 38,939, 087 47 Purloined Treasury notes redeemed under the first sec- - - - - - $2,290,629,555 90 tion of the act of August 10, 1846, charged on "re- And deduct cash in ~e Treasury ..•..••... · :· ···-···........... 147,541,314 74 ceipts and expenditures" account to this loan, beini~-.-.-.-:::::::::::: .--~: ~~·-~~- ~~. 1863, unavailables ..•...•.••... ___ .• . ___ . . . _____ . 6, 000 01 s 1, 423, 061 98 88,554 11 ~ 9, 210 40 s 5, 319, 351 63 1865 . - - . -- - .. ----.-- .. - ----.-.--- 4, 146, 718 42 7, 241!, 242 00 ~ 1_!343 .•••.•.••••• --·- ----- --·- -- •• - ·----- ·---- •.•••••. -- •••.•••• -.-- •• -. l, ::120,000 1865, unavailables ..••..••••••••...•... ----- ____ . ti, 095 11 s 2, 217,732 94 This different or apparent ingrease of the debt as shown in the :finance report for 1870 consists of the following items : · TotaL.................... 14,589,736 36 12,372,003 42 2,217, 732 94 Bala,n ce in the Treasury as per Amounts included in the "receipts and expenditures'' ~;;~ ::E 31. -~~~. ~: .. . ~~~ _ .••.•..••.••..•..•••.••..•••.•.. 0 18 account, which bad been excluded from the" issues 8:'i8, 309 15 and redemptions" account: "fo~;i!1~~~~~ ~ -_._._._._._:._._._:-_::: ·.:::::::::::: Intereston "old debt" . . . ......... .............. 7,714 33 'k w~ ~ Balance in the Treasury as per receipts and expenditures JUly 1, 1865- •••• ···- ---- •• -.-- ·----- .••••••••••••••. ·••••• ••••••• --. 3, 076, 042 09 Also, "Treasury notes" of 1857 redeemed, but not re- imbursed within the year ..••••.•••••••.••.•••••.••. 311,664 11 ~.258 35 *Excess of expenditures over receipts. B.-State of the TreaBury, by quarters, for the fiscal year ending June 30, 1862. Quarter end- Quarter end- Quarter end- Quarter end- ing Septem- ing DecC'Im- in g March ing June 30, Total. Balances. bor 30, 1861. ber ::11, 1861. 31, 1862. 1862. Balance in Treasury on July 1, 1861 ...................................................................................... . ................. . $2, 257, 065 80 RECEIPTS. Five-twenty years bonds, per act of February 25, 1862 .•••..•..•..•.•••.•.••••••..••.••••••••.••. .••••••••••...•. $13, 990, 600 00 $13, 990, 600 00 Treasury notes .•...•..........•..•.•.•.•.....••.•. ------·------- . ..... ------ ... . · -- ___ ------ ... . ·---·- ______ . .. . 98, 620, 000 00 98, 620, 000 00 Cl_lStoms ....••..••••...•••.•••••••••••••••.•.••••••.••.•••.•.. -- $1,198,602 55 $3,309,066 47 14,618, 558 44 18, 930, 170 16 49, 056, 397 62 Direct tax ...... ------ •.•••••••.•....•.•••••••.•••••••••••..••••...•••. ----- _. __ ..•.•• . · ---- . _.. . .......... --. _-- 1, 795, 331 73 1, 795, 331 73 Sales of public lands ..••.•.•...•.•......••••.•.•.•...•........ __ 35,967 03 JfJ, 658 46 27,019 74 49,558 54 152,203 77 Incidental. - . -- -. _......•..... _.,.. ... - .. _......•. . • . ............. _ 318, 095 86 172, 316 22 182, 268 05 259 107 51 931,787 64 T~ee years coupon bonds, at 7 3-10 per cent..................... 50, 125, 3il5 87 91, 7go, 267 23 10, 610, 59i:l 24 13, 825: 92.'5 00 166, 412, 585 34 U ruted States notes, payable on demand._ ..•• -... ___ .. _. _...... _ 15, 620, 000 00 18, 480, 000 00 25, 900, 000 00 30,000 00 60, 030, 000 00 Treasury notes issued under acts of J nne 22, 1860, authorized by · act of 'March 2,1861. .. ___________ . _____ . _______ . ___ . ___ .. .••.•. 14, 019,034 66 14, 019, 034 66 Sixty-dav Treasury notes, issued per act of March 2, 1861 ..•..•. _ 12,877,750 00 _-·••··_-_-_i_s_:_6_o_o__· o_o__ · _: ._·:_:_:_:__:_:·_:_..:_:_._· ._· ._· ..· :_:_;_._·:_:_ :__:_:·_-_::_ :, :_:_:_ 12, 896, 350 00 Loan unuer act of February 8, 1861 ..• . ---- .. __ .. .•.•.. .••. .•• ••. 55, 257 50 55,257 50 Stock for the Washin~on and Oregon war debt._ .... _.... __ ..... 21, 850 00 483, 000 00 297,000 00 198,850 00 1, 000, 700 ~ Treasury notes issueu per acts of ]'ebrnary 8 and March 2, 18ol. _ 3, 500 00 . • • . • • • . . • • • • • • . . • • • • • • • • • • • . • • . . •••••.•••••.... 3,500 Ou 1876. CONGRESS!ONAL RECORD-SENATE. 5163 B.-State of the Preasttry, by qttarters,for the fiscal year·ending Ju,ne 30, 1862-Continued. Qua:rter e n d - Qaarter·e n d. Quarter end- Quarter end. ing Septem- ing Decem- in g March ing June 30, TotaL Balances. ber 30, 1861. ber 31, 1861. 31, 1862. 1862. Loan of November 16, 1861, authorized by act~ of .Tuly 17 and August 5, 1861. .............................. . ..... .. ..•...... . ..•....••••... . · $24,294,129 17 $-22,009,000 00 . ... .. .. . . ..... . $46, ::JO:l, 129 17 Temporary loan, authprized by act of February 25, 1862.... ... •.. .. .... .... ..... . . ..•.. .•. •. •. . . . 20,291,619 43 $4G, 187,704 67 u6, 479,324 10 Certificates of indebtedness, authorized by acts of March 1 and 11, 1862.... .... .. • • . . . ..... ....... ••••• .• •••• ••• • •• • • .. .•• . .• . . . . . • .. . . •• . • . . . . . . . . . . . . . • . • . . . . 5, 629, ooo oo _44__,_25_-2_,9_7_9_7_3_ _ _ _4_9,_8__ 81_, _9_7_9_7_3 1 $581, 69..8, 181 26 Total. ..................................................... $100,275,443 47 143,587,446 55 99,625,063 90 238,140,227 34 581,628,181 26 583,885,247 06 Trust funds: Smithsonian Institution . .. . .... • . .. .. .. .. .. .. • ... .. . • .. • • . . . . • . . .. • • .. • . .. .. . . . . 5, 203 85 4, 663 85 ............... . 9, 867 70 28. 713 03 ~~~tel~::£~~~-~:::·:.::·.::::·::::.:::::::·.:::::::::::::::::::·........ ~: ~~~. ~~- :::::::::::::::: :::::::::::::::: 22,609 34 13,153 94 13,153 !14 - - - - - - - - -·- - -------1--·----- - - - - - - - Total ...................................................... 100, 28l, 547 16 143,592,650 40 99,629,727 75 238,175,990 62 581, 679, 915 93 EXPfu~DITURES. Civil: foreign intercourse and miscellaneous ................. .. 6, 140, 774 05 4, 733, 406 70 4, 506, 133 16 6, 028, 177 25 21, 408, 491 16 Interior: pensions and Indians .•....•..••.....••....•.•..•••.•.. 1, 124, 8':25 92 469,062 80 7~2, 845 95 72G, 250 83 3, 102, 985 50 War .......................................................... .. 58, 345, 125 68 84, 663, 389 32 90,925,048 46 160,434, 843 90 394, 368, 407 36 Navy ........................ . ................................ .. 9, 799, 303 33 9, 779, 238 44 S, 277, 421 38 14, &18, 60G 54 42, b74, 569 69 Interest on public debt, including Treasury notes ..• •.......... . 202,052 61 3, 738, 526 36 5, 283, 699 36 3, 966, 046 12- 13, 190, 324 45 Re-imbursement of Treasury notes issued per act prior to De- p~~~:~ ~~~~~ ~~i~ i~~~~d' p-~1~ ~~t-~£ ·n~~~.;~~ 23; ;¥· ·is57: ···i; 836; ioo ·oo · 20:1,.8gg ~~ · ••• • 426; 9oo ·oo · ·····ioi; 4oo·oo · 50 00 2, 567, 700 00 Payment of Treasury notes issued per a9 46 Interior : Pensions and Indians . .. : . ............................ . 1, 7Ll, 211 95 1, 648, 203 79 2, 701, 404 37 1, 457, 050 86 7, 517,930 97 War ............................................................ . H4, 387, 473 97 163,366, 855 10 193, 477, 740 69 1tl9, 559, 773 21 690,791, 842 97 Navy .......................................................... .. 18, 511, 6113 86 23, 982, 891 03 11,731,436 70 25, 507,346 18 85, 733, 292 77 :interest on the public debt, including Treasury notes .. ....... .. 4, 283, 628 37 17, 349, 958 58 9, 287, 115 82 2'2, 764, 718 92 53, 685, 421 69 R-edemption of stock, loan of 1842 ..•. ......•.....• .. .•.•. .... .• . 60,000 00 16,800 00 3, 000 00 26, OL2 30 105,812 30 Redemption of stock, Washington and Oregon war debt ....... . 5, 300 00 5, 300 00 Redemption of stock, 7 3-10 coupon bonds, per act of .ruly 17, 1861. 6, 000 00 681,500 00 687, 500 00 Redemption of United States notes, per aet of July 17, 1861 . .... . 1, 258,500 00 967,742 25 392,095 25 274, 090 00 2, 892, 427 50 Redemption of United States notes, per act of February 25, 1862 337, 2i9 60 672,053 90 13, 220, 819 23 28, 3.30, 896 41 42, 561,048 54 Redemption of certificates of indebtedness, per acts of March 1 and17,1862 . ............... ..... ............................... 12,345,80416 56,~1, 437 49 61,818,000 00 34, 035, 000 00 165, 080, 241 65 R ndemption of postage and other stamps, per act of .ruly 17, 1862 1, 299, 600 00 1, 927, 545 85 806, 507 85 991,246 30 5, 024, 900 00 Redemption of Treasury notes issued under acts prior to Decem- ber 23, 1857 ............................................ _. _. . . . ••.. _•• . _.. ___ . 50 00 50 00 Payment of Treasury notes, per act of December 23, 1857 ..•..•. . 800 00 700 00 500 00 2, 000 00 Payment of Treasury notes, per act of March 2, 1861 ........... . 104,350 00 1, 614, 000 00 74,650 00 70,400 00 1, 863, 400 00 Re-imbursement of temporary loans, per a-ets of February 25 and March 17, 1862 ................................................ 27,203,017 44 82,547,267 2-2 21,934,305 7l 65,615, 143 67 197, 299, 734 04 Redemption of fractional currency, p er act of March 3, U!63 . ..... . . • .. . . . . • . . . • . . . •. . . . . . . . . .. . . . 206, 400 00 236,000 O{l 442,400 00 R~~~~ti3~~~t ~~y~- ~- -~~:. ~~-~. ~~~- ~~~·- -~~~. ~~. ~~ ..••••••••••••••• . •••••••••••••• - .............. -. 13, 615, 200 oc 13, 615, 200 00 ~~~rgr:U~ctf 3~la6a:. -~ -~~~. ~~~~- -~~~~~~-~-~~~-s_t_ ~~~~·. ~~~. . • • • • • • . . . • . . • • . . .............................. . 2, 250, 000 00 2, 250, 000 00 Redemption of Texan indemnity stock, per aetof September 9, 1850 .......................................................................................................... . 992,000 00 992,000 00 - - - - - - - - - - - - - - - - - - - - - - - --·-----1 1, 298, 056, 101 89 218, 731, 583 06 357, 260, 081 80 329, 943, 872 53 392, 120, 564 50 1, 298, 056, 101 89 Trust funds: Navy pension fund.............................................. 120 00 1,487 06 20 00 15,184 18 16,811 24 Chickasaw fund .. .. . .. .. . .. .. . • . .. .. . • .. . . . • . . .. . .. .. • • • • .. .. • • . 24, 999 96 28, 022 40 7, 078 80 7, 39d 08 67,499 24 Navyhospitalfund . ..........................._........ ......... 5,735 88 *3,868 82 !0,583 36 *19, 748 52 *7, 298 10 Cherokee scbool fund ........................................... ... ............................. . 96 29 96 29 Choctaw school fund ............... : ... ........................ ....... ................. ..... ... . 11,445 44 11,445 44 1------1--·- - - - ·1----·-- ------- - - - - - - - - - - - - - Total ............ __ ....:_.. .. . . . . . • • . . .. . .. . .. . • .. • • . .. • .. • .. .. 218, 762, 438 90 357, 285, 722 44 329, 973, 096 42 392, 123, 398 34 1, ~8, 144, 656 oo Balance in the Treasury .Tune 30, 1864 ..................................................................... . ................................. . 96, 739, 905 73 • Repayments. '1876. CONGRESSIONAL RECORD-SENATE. 5165 E.-State of the Treasury, by quarters, for the fiscal year endi11g June 30, 1865. ' Quarter end· Quarter end· Qnarter end· Quarter end- ing Septem· ing D ecem- ing March ingJune 30. Total. nalances. ber 30, 1861. ber 31, 1864. :u, 1865. 1865. Tialance in the Treasury on 1st July, 1864 ....................................................... . ................................................ .. $96, 739, 905 73 RECEIPTS. Customs ........................................................ . 19, 271, 091 96 15, 123, 928 78 20, 518, 852 54 $30, 014, 387 3'2 $84, 928, 2GO 60 Sales of public lands ............................................ . 342,185 84 287,835 26 Hi2, 010 47 204,521 74 996,553 31 Direct tax ....... . ............................... . .............. . 16,079 86 843,380 34 52,714 81 2:38,398 02 1, 200, 573 03 Internal revenue ............................................... . 46, 56~ 859 92 55, 129, 731 76 65, 262, 803 28 42, 508, 820 29 209, 464, 215 25 Incidental. ..................................................... . 9, 020, 171 44 9, 295, 832 44 4, 159, 22:l 73 7, 148, 036 R6 29, 623, 284 4 7 }'r-a.ctional currency, per act of March 3, 1863 ....• . ......•....•.. 4, 340, 789 15 2, 426, 825 50 3, 691, 647 75 4, 155, 291 75 14'; 6!4, 563 15 6 per cent. 20-year oonds, per act of July 17, 1861. ........ ' ...... 78, 963, 524 55 11, 560, 900 00 1~. 002, 900 00 46,200 00 108,573, 524,55 United States notes, per act of February 25, 1862..•••••.••...... . 3,355,~ 00 80-t, 010 00 4, 15!), 830 00 5.20 year bonds, per act of February 25, 1862 ....••.............. . 201,357 15 51,300 00 :l52, 657 15 TemP-orary loans, per act of February25, 1862, and March 17,1862. 21, 198, 951 97 28, 956, 953 18 22, 746, 038 4fl 58, 536, 129 25 131, 438, 072 86 Certificates of indebtedness, per act of March 1 and 17, 1862 .... .. 85, 471, !lOO 63 36, 007, 000 00 68,000 00 8, 769, 000 00 130. 975, 200 63 6 per cent. 1881 bonds, per act of March 3, 1863 ................ .. 31, 848, ~63 23 183, 165 99 1,126 01 142,750 00 32, 175, eu5 23 10-<10 year bonds, per act of March 3, 1864 ....................... . 6, 910, 680 50 36, 486, 469 50 56, 161, 250 01 99, 558, 400 01 6 per cent. compound-interest notes, per acts of March 3, 1863, and June 3, 1864 . ........... ......... ........... ... ............ 88,073,440 00 20,460,000 00 5, 780,700 00 65, 900. 000 00 180, ~14, 140 00 7 3-10 3 year Treasury-notes, per act of June :xl, 1864. .... ........ 56,491,400 00 54,350,850 00 185,082,382 79 363, 975, 767 64 659, 900, 4{)1 43 5.20 year bonds, (6 per cent.,) per act of June 30, 1864.... .... ... . .... ... ... ...... 77,058,250 25 9, 000 00 17,639, 000 00 94, 706, 250 25 7 3-10 3 year 'I.'reasury-notes, per act of March 3, 1865 . ........................................................... . 15,655,895 59 15, 655, 895 5!1 Gold com purchased, per ~Wt of March 17, 1862, (first section).... .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. . ............. .. 3, 3£5, 000 00 3, 355, 000 00 Total...................................................... 452, 068, 325 20 ------------------------------1-------------1 355, 686, 453 00 375, 698, 650 85 618, 339, 198 46 1, 801, 792, 627 51 1, 801, 792, 627 51 Trost funds: 1, 898, 532, 533 24 Smithsonian Instituilon ........................................ . 2, 682 00 2, 682 00 5, 364 00 1, 006, 090 34 1, 538, 027 70 764,612 28 4, 1~-t. 375 74 ~l::tJr:B!~ifun~~------ ~ :::::::::::::::::::::::::: ~::: :::::::::::: 815,645 42 7,191 43 1, 830 00 6,127 25 1, 830 00 16,978 68 ---------------------- -----------·1-----------1 Total...................................................... 4!'12, 893, 844 05 356, 694, 373 34 377, 245, 487 80 619, 105, 640 74 1, 805, 938, 345 93 EXPIDi'DITURES. Civil, foreign intercourse, and miscellaneous .•••••••••.••••..•.. a, 712, 422 51 7 755 941 82 10, 952, 397 15 12, 271, 896 53 39, 692, 658 01 Interior, (pensions and Indians) .•••••..••...••••.•••••...••••... 4, 935, 179 29 2:292: 156 46 5, 403,786 51 1, 6~. 453 1'2 14,258, 575 38 War . .......................... ~ ............................... .. 286,200,288 52 141,088,220 69 189, 838,574 22 414, 196,277 36 1, 031, 323, 360 79 Navy .......................................... . ................ . 33, 292, 916 49 29, 015, 964 27 27,213, 231 27 32, 985, 664 09 122, 567, 776 12 Interest on public debt, including Treasury notes ..••..•....... . 19,921,054 48 11,506, 127 85 9, 269,717 55 3G, 700,812 12 77,397,712 00 Redemption of Texan indemnity stock, per a{}t of September 9, 1850 ....................................................... ................... . 409,920 00 1, 221, 969 33 1, 631, 889 38 Re-imbursement of Treasury notes, per acts prior to December 23,1857 . .............................................. . ...... .. 50 00 100 00 250 00 400 00 Payment of Treasury notes, per IWt of December 23, 1857 . ••..•.. 1, 000 00 100 00 1, 100 00 Payment of Treasury notes, per act of :1\t.arcb 2, 1861 .......••••. 10,450 00 1, 500 00 7, 200 00 24,400 00 4:J, 550 00 Redemption of United States notes, per act of July 17, 1861 ..... 243,245 00 102,495 00 5, 359 00 19,500 00 370,599 00 Redemption of 7 3-10 three-year coupon bonds, per act of July17, lt-!61 ........ ........................................... -.. •• • • . 106,315,100 00 2, 759, 250 00 14,950 00 29, 321, 750 00 138, 411 ' 050 00 Reel emption of postage and other stamps, per act of July 17, 1862 954, 530 40 1, 686,733 3 1, ll8, 787 46 979,316 10 4, 739, 3B7 34 Redemption of stoc~ loan of 1842 . ........... ............. .... .......... ....... . .. ·t, 400 00 1, 400 00 Redemption of Treasury notes, per act of February 25, 1862 . . .. 1, 044,379 87 1, 586, 541 00 793,059 00 911,153 60 4, 335, 133 47 Re-imblll"!\ement of temporary loans, per acts of February 25 and March 17, 1862 . ..•.•• ............ ... ... ....... ... .. .... .. .... .. 46, 507,680 49 19,747,517 98 33, 564,751 27 18,668,888 45 118, 488, 838 19 Redemption of certificates <'f indebtedness, per ~Wts of March 1 and 11, 1H62 . .. ...... . . .. ...... . .. ...... . . . . .. ... ..... . .. . .. .• . 15,183, ooo oo 41,307, ooo oo 53,259, eoo oo 65, 078, 000 00 174, 827, 000 00 Redemption of fractional cnrrency, per act of March 3, 1863. . . . . 878, 048 00 1, 378, 762 77 2, 426, 882 57 I, 992, 671) 96 6, G76, 304 30 ~:t~~~~~~~~?~~~~-~-~~~-~~~--~~~~-~~-~~:-~~~-~~-~~ ................ 1,279,270 00 2,921,140 00 34, 272, 910 00 38, 473,320 00 R~:bti3~~~l3 ~~?~. ~- ~-~~ -~~~~~ ~~~:. ~- ~~: -~~~. ~~~. ~~. 57, 238, 850 00 0 24, 226, 050 ou 12, 145, 650 00 20, 346, 700 00 113,957,250 00 Redemption of three-year li per cent. compound-interest notes, per act of June 30, 1864... . . . .. . • . .. •. ... .. .. .. . .. . . . . . •. .. . • .. 743,760 00 610,410 00 26,990 00 76,900 00 1, 458, 060 00 Redemption of three-year 7 3-10 per cent. coupon Treasury notes, per act of June 30, 1864 ............•.... .. . .. . . . . .. . . . . .. .. . . . . . . . • • • • . • . . . • • • • . . • • .. • • .. . • .. . • . 3, 945, 900 00 . ............. . . 3, 945, 900 00 Purchase of gold coin, per llct of March 17, 1862, (first section). . . . . . • . . . . . . . . . . • . . . . . . . . . . . . . • . . . . .............. . 5, 072, 900 11 5, 072, 900 11 1, 897, 6i4, 224 09 Total ..................................................... . 582, 181, 975 05 286, 755, 461 22 352, 969, 376 00 675, 767, 411 82 1, 897, 674, 224 09 Trust funds: ~:il-fs~;ifun~~:::::::: :::::::::::::::::::::::::::::::::::::: 1, 999 62 5, 032, 5';'0 26 1, 999, 899 94 12,730 83 7, 047, 200 65 100,000 00 8, 629 63 13,627 33 122 256 96 Cherokee schools ............................................... . *1, 057 42 3, 515 00 120 00 4:692 42 Choctaw schools ................................................ . *9 695 59 6, 784 71 s, 130 00 21,610 30 Kansas schools ............................................... . . . 1:312 50 1, 312 50 Navy-hospital fund ............................................. . 28,681 94 6, 545 0-l 98 13 9, 844 06 45,169 17 Total. .................................................... . 582, 324, 722 12 ----·-------1·-291, ------- 803, 206 15 354, 993, 301 11 675, 795, 236 71 1, 904, 916, 466 09 Balance in the Treasury June 30, 1864 ..................................... . ......... ·····~ ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 858,309 15 1 * These two items properly belong to quarter ending December 31, 1864. TREASURY DEPARTMENT, May 17, 1876. There has been prepared, however, and transmitted to Congress, under an order Srn: Referring to the letter which I had the honor to address to you on the 4th of the House of Representatives, passed December 30, 1791, au account of there- instant, in response to yours of February 9, transmitting a copy of a resolution ceipts and expenditures of the Umted State& for each fiscal year: This account is adopted in the Senate of th ~ United States January 24, 1876, instructing the Com- a transcript of the account, as settled by the accounting officers of the T1·easury, of mittee on Finance to investigate the books and accounts of the Treasury D epart- moneys received and paid out by the Treasurer on warrants covering moneys into ment, with reference to a lleged discrepancies aml alterations in amounts and the Treasury and on warrants drawn on him and by him paid. fi~'llres, especially in the annual statements of the expenditures of the Gi>veru- A.s before stated, the statements cont&ned in the finance report were made up ment, revenue cOllected, pt;.blic debt, &c., I beg leave further to state that the at the close of the year. and represented, in every instance, the amount of warrants tabulated statement of the tooeipts of the United States Government for each fiscal draW?~ against appropriat-ions during such year, and there-fore charged as an ex- year, from March 4, 1789, to 1875, inclusive, and of the expenditures of the same penditure of the year, although snell warrants may not ha>e actually been p:!id for the same period, to be :found on pages 10, 12, 14, and 16, respectively, of the until some time duripg the succeeding fiscal year, and in many instances they have finance report for 1875, cla.18ified under appropriate heads, showing the revenues not been pahl until after the expiration of several years from the date of their issue. r eceived into tbo Treasury and the expenditures made therefrom, was first pub- In fact, in the immmense disbnrsenents made by the Treasury during tl1e war, lished in the finance repo.-t of 1863. (See pages 240 to 243, inclusive.) the amount of the outstanding warrr.nts grew to be very large. The drafts issue(l Prior to the commencement of the publication of these tabulated statements, on such warrants were used as commercial paper, aud bein,g a Government obliga- nearly all the information given of the condition of the Treasury was communi- tion, and therefore more desirable than the clr-a.fts of individuals, they were !'1}- cated each year in the text of the report of the Secretar.v of the Trrasur.v to Con- tained in the possession of persons into whose bands the.v came, and were not pre. gress for such year. (See finance report for fiscal year 1.3·s. pa!!es 1 to 10, inclu- sen ted for payment nntii the money which the.y represented was absolutely needed. sive, and statement No. 1, showing, untler four separate heads, the receipts of the For these reasons, it was found almost impossible to settle the accounts of the Government and the expenditures, cla.'!sified under -a very few heads; see pa?es Treasurer without legislation on the subject; and, therefore, on the 2d of May, 1866, 26 to 30 inclusive, of same Yolume.l Tbese last two statements were invariaoly Con~re;,s passed a law to facilitate the settlements of accounts of the Treasurer of made up from the amount of warrants issued on the Treasurer. the United l:;tates, and provided that any draft issued upon a wanant which had · 5166 CONGRES"SIONAL RECORD-SENATE. AUGUST 4; been outstandinO' and unpaid for three years or more should be covered back into which will appear from my observation upon it, I desire to say that the Treasury btwarrant, to the c~tof the party in whosefa:vor it had beeno~ig­ early during my administration of the Treasury I can ed to l.Je made inally issued and to an appropnation aceonnt to be denommated "outstanding liabilities." · a thorough exanlination of the accounts of the Trea ury from the It will therefore be seen, from what has been stated, that the statements which beginning and especially from the yea.r 1836. That investigatio"':l did have exhibited the receipts and expenditures of the Government were made up disclose the fact that there were errors which showed them elves in from enGrely different data., It had been the practice up to 1871, when the Treas- the annu;tl statements that had been made to Congress, and espe- urer's accounts had been settled and the amount of money which he had paid out on warrants a-scertained, to change the items of expenditures in the accounts in the cially during the period of the war, and in a degree from the close of tabular statements of receipts and expenditures, which, as has alreacly been stated, the war until the year 1869. There were also errors that were older were made up from warrants issued, so as to make them conform to the accounts of in date. Now, I desire that the Senate shall understand exactly · receipts and expenditures, or the Treasurer's accounts of expenditures by watrants actually paid. The first account, therefore, would be changed whenever the Treas- what I did. There were no changes made in the books of the De- urer's account was settled and the amount of outstanding unpaid warrants ascer- partment, none whatever. That has. been proved by the statement tained . of General Bristow while he was Secretary of the Treasury; it can be .A. table showing some of the changes which have been made, and which will proved by a hundred witnesses in the Treasury. If such changes had serve as an illustration, is herewith inclosed. The alleged discrepancies in the different statements made have arisen solely been made, the fact could be established by a hundred witnesses from the different data upon which such statements have been based. .A.s has who either are or have been in the Treasury Department. already been shown, what a.r e technically known in the De~artment as "ou~t.wd­ l\fr. '!'HURMAN. Will the Senator all9w me inteiTUpt him there f ing warrants," are one of the elements of such discrepanmes. The "nnavatlable Mr. BOUTWELL. Certainly. balances," br which is meant the amount of money which has been lost by defal- cations of officers, and therefore not subject to draft, is auothcr. Another element Mr. THURMAN. Taking that to be as the Senator states it, as it are what are known as "trust-fund accounts." Some years they have been in- no doubt is, what is there in the Treasury to warrant tho e reports cluded in the statements, and in other years omitted. This class of accounts rep- made to Congress that according to the Senator's own statement do resents chiefly moneys which the Government has held from time to time as a trus- not corre pond with the books of the Treasury T tee, and they relate principally to the trust funds held for various Indian tribes. It is to be presumed that, in makin~ up the tabular statements, the person in Mr. BOUTWELL. I was coming to that. When this thorough ex- charge of 'tho work took it for gr-anted that as these moneys were not really moneys amination had been made ancl certain errors had been disclosed which of the United States, they should not bo included in tho account. did not affect the integrity of anybody, but errors in the method of In view of the fact that tho difference between the statement made by •warrants keeping the accounts, which leu in some instances to erroneous results, isssed and of that made by warrants paid arose to a great extent from a difference in dates, (inasmuch as the warrants issued but not paicl within the year in which and it became my duty to state to the country the exact facts, I bad thay were issued would bo ultimately paid, and when so paid, ancl the report in then to choose between stating those facts or repeating in the tables wh1ch they were included as not paili was changed, that no <.liffm·euce would then that were prepared under my direction errors which had previously exist,) it is presumed it was thought far better to adopt a unifonn rule, so that dis- crepancies apparent and not real should disappear from future statements, and es- existed, and which while the Secretary of the Treasury had no knowl- pecially so, because the statement made from warrants paid related solely to tho edge of those errors he would of course be justified in repeating in personal accountability of the Treasurer, an account subsequently &udtted by the pre ent ~nd in subsequent reports; but when the errors came to the accounting officers of the Treasury; and, also, because it was an account ordered knowledge of the Secretary, then if any duty had rested upon him to be published by the House of Representatives in 1791, and at a time when no other statements of tho public accounts were made. it was a duty to state the facts exactly to the country. That I at- Besides this, the books of the Department were originally designed to show the tempted to do, that I think I accomplished; but it djd not interfere accounts of tho expenditures by warrants issued, ani:l not by the account which in any way with the books of the Treasnry Department, and cer- was ordered to be published by tho House of Repre entatives' resolution above tainly did not change a figure in a report that had been published referred to. From what has been said it might be inferred that two sets of accounts are kept by my predecessors. in the Department, but such is not tho ca-s~. Tho a-ccotmts of receipts and expend- Mr. THURMAN. Now if it will not interrupt the Senator I should itures represented on the books of tho Department are ba-sed on warrants iss-ued. like to ask right there, what then is there in the Treasury Depart- 'I he published statement, made under the House resolution of 17!.11, of receipts and ment, except the reports that are sent to Congress, to show that there expenditures, is simply a copy of the Treasurer's personal accounts, based upon the warmnts paid by him within the year to which it relat&~. are any errors in the previous accounts kept in the Treasury Depart- It will be seen that the alleged discrepancies refcrretl to have chiefly arisen from mentf the practice which has heretofore obtained of using the figures contained in the Mr. BOUTWELL. There are the examinations which have been statement or personal accounts of the Treasurer, after their adjustment, in the made and t.ables prepared; most of them have been laid before Con- place of those previously pre en ted in the accounts of wan·ants issued-an account only ascertained one, two, or three years later than the first-named accounts are press; part of them in the report submitted by the honorable Sena- madeup. . tor from Ohio during the present session of Congresp; but the books Very respectfully, of the Department have not been changed. · B. H . .BRISTOW, Secretary. Mr. THURMAN. Then I understand the books not having been Hon. JoHN SHERMAN, Ohairman Oommittee on Finance, United States Senate. cl1anged the books are erroneous to this day T Mr. BOUTWELL. They are in some respects. Expendit-ures a.s shown by finance 1·ep01·t and by 1·eceipts and expenditu1·es. Mr. THURMAN. The books are erroneous to this day, and no cor- rection bas been made iu them f CiviL Foreign in- Miscellane- 1\Ir. BOUTWELL. No correction has been made. Bills have been tercourse. ons. pre ented to Congress, one bill passed I think this body during the pre eut session to establish a new account for the disposal of items Finance report, 1850, pp. 30 to 34 ... _.. $3, 042, 7i0 07 $4, 838, 594 76 $6, 958, 360 ~4 that had been lost by defalcations. I think the Finance Committee Receipts and expenditures, 1850, pp.ll reported such a bill. to 39........... .. . . . . . . . . . . . . . . . .. • . . 3, 027,454 39 5, 990,-858, 81 7, 025, 450 16 Finance report, 1851, pp. 21 to 25 ..• . .. 3, 478,549 24 6, 217, 170 30 8, 117, 247 71 Mr. SHERMAN. I will state to •my colleague that there are · Receipts and expenditures, 1851, pp. 13 $35,000,000 now shown by the books of the Treasury to be in the to45 .......... .... ................... 3,4 1,219 51 6, 256, 427 16 8, 146, 577, 33 Treasnry of the United States that were distributed among the States Finance report, 1852, pp. 22 to 28 . . . . . . 3, 422, 9J9 2!) 4, 132,671 45 9, 824, 158 02 in 1d37 or 1836 or thereabouts. That money is counted, lly the mode Receipts and expenditures, 1852, pp. 13 to49 ........... ·········-········ ... . 3,439,923 22 4, 196, 321 59 9, 867, 926 64 of book-keeping, a-s cash in the Treasury. Mr. BOUTWELL. If the Senator from Ohio farthest from me [Mr. THURMA...~] will listen I will ma.ke one statement, not in the way War. Navy. Int~rior. of criticism, but nevertheless it is a truth, that when the Govern- ment was organized a loan account was opened in the 'l'rea ury; and Finance report, 1850, pp. 30 to 34 . • • • . $9, 401, 239, 16 ~. 9-23, 313 18 ~3, 400, 524 87 it is within his knowledge that the Government of the United States Receipts and expenditures, 1850, pp.ll assumed the war debts of t.he States, as they were called, amounting to 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 687, 024 58 7, 904, 724, 66 3, 530, 477 49 to sevent.y-four or seventy-five million dollars. In the ordinary Finance report, 1851. pp. 21 to 25 .•.... ll,l:lll, 792 73 8, 937, 797 67 5, 115, 3:!4 98 course of bnsiness, if the Government had issued bonds and sold Receipts and expenditures, lt:i51, pp. 13 them and obtained an amount of money for those bonds, the loan to45 .. ................ . ..........•.. 12,1G1,96511 8,880,58138 5,123,178 99 Finance report, 1852, pp. 22 to 28 .••. _. 8, 225, 24C> 9218, 92d, 236 05 5, 198, 828 94 account woultl have been credited with that receipt and when the Receipts and expenditures, 1852, pp. 13 debt was paid the loan account would have been debited with the to 4!1 . ........ -. i .. . .. - . . . . . . . . . . . . . . 8, 521, 506 19 8, 918, 8-12 10 5, 445, 434 82 amount of the payment, and the two items wonld have balanced each other. But as matter of fact nothing was received into the Treas:- ury and therefore no entry was made upon the credit side of the loan Public debt. Total. acconnt; l.Jut wllen the loan was redeemed there was an entry made upon the debit side of the loan account, and of course there wu a Finance report, 1850, pp. 30 to 34 ..... _........•. $7, 437, 366 41 43, Q0-2, 168 69 discrepancy. There were some other items simila-r in their character; Receipts and expentlitn.res, 1850, pp. ll to 39 ... . 7, 438, 7:.!8 17 44,604, 71tl 26 but what added to the difference in the two sides of tlle loan account Finance report, 1851, pp. 21 to 25 ... ... ..... ..•.. 4,2l7,9R6 70 48, 005, 878 68 was the circumstance that at different times loans were sold below Receipts and expentlitures, 1851, pp. 13 to 45 ... . 4, 426, 154 83 48, 476, 104 31 par. For instance, during Mr. Buchanan's administ-ration a loan was Finance report, 1852, pp. 22 to 28 . ............•. . 6, 275,815 53 46, 007, 806 20 lleceipts and expenditures, 1852, pp. 13 to 49 • _.. 6, 3~2. 654 27 46, 712, 608 83 sold for about eighty-five cents on the dollar. The loan acconnt was credited with the amount received, and when the boncls were re- deemed it was debited with the amount paid, and there was a dis- In tho earlier years the Secretary did not state the condition of the Treasury by crepancy. That was stated in full in the report of the Secretary of fiscal or calendar years, bnt very frequently f10m the commencement of one Con- the Treasury for the year 1870, I think in a table appended to there- gress to auother or from one quarter to another. port, showing that these differences amounted in regard to the loan Mr. BOUTWELL. Mr. President, upon one point presented by the account to $116,000,000; yet there had never been a cent lo t. honorable Sena.tor from West Vi.rginia., [Mr. DAVIS,] the natrn·e of Now what I desire to state further is that in the first plac~ an ex- 1876. CONGRESSIONAL RECORD-SENltTE. 5167 amination of these accounts was made in the office of the Secretary tor from West Virginia desired a special committee for that purpose, of the Treasury; then the matter was referred to the Register of the of which under the custom of the Senate be either would have been Treasury, who has an independent set of books kept by different chairman or certainly a. member; but it was the pleasure of the Sen· cle1·ks and under different control. The Register of the Treasury pro- ate to decline to have that special committee raised, and the subject ceeded, as. appears from a report, which is in print, dated December was committed to the Committee on Finance, against which I both . · 207 1872, addressed to the Secretary of the Treasury, which I will read: spoke in the Senate and cast my vote, and I stated to the Senator TREASURY DEPARTMENT, from West Virginia that I believed that wit.h the commission of the Re[foter's Ojfice, Decembe-r 20, 1872. Committee on Finance his object would n·o t be reached. After that Srn: I have the honor to forward, herewith, a r eport on the public debt of the the matter was submitted by the chairman of the Committee on United States, from January 1, 183ti, to July 1, 1871, acoordin~ to the "receipts and Finance to the officers of the Treasury who, after some weeks, re- . expemliturcs," to..,etber with comparative statements, showmg the differences be- turned to us a large roll in manuscript purporting to be a reply to tween the "loan ~count" and the " receipts and expenditures aC{l()unt." the queries contained in that resolution. It was a formidable paper, As the public debt statement prior toJul.v 1, 1871, was always made up fr:om the loan ascounts, there was no check on "receipts from loans" and "redemptions on not simply in its bulk but in the character of its contents, and I con- account of loans." As a ootural result, every it~m of discount at which a loan wa.s fess that none of us in that committee were disposed to encounter the ori~inally negotiated, all JWemium and interest erroneously included in the principal, labor of undertaking to examine it. It was, however, at the sugges- and every error in char)!ing Ol' crediting the proper loan, has increased the i:lis- tion of the Senator from Tennessee [Mr. CooPER] and myself, or one crepancies between the two a{lcounts. Many of these discrepancies (for they scarcely deserve the name of errors, as of us, submitted to the honorable Senator from West Virginia and he they do not involve accountability for the public fonds) arose in the first years of bad it in his hands, I believe, for perhaps a week. At tho end of the war, when the same careful attention to the proper statement of the accounis that time it was returned to the committee, and the committee re- could not be given as it is possible for us to do now, assisted, as we are, by the ex- ported it to the Senate just as they had received it. They could not perience of the past. To carry cut the design of your office, to have the public clebt stated according to have verified the accuracy of those figures nor werE' they in any de- the receipts and expenuitures, as well as according to the loan account, it is pro- gree responsible for the accuracy of those figures; they were simply po ed to open a set of books in this office ou the basis of this report, on which, sub- the channels of communication of the Treasury Department of a large sequently to July 1, 1871, ever.v wan-aut covering receipts from loans will be cred- bolly of statistics to the Senate under that resolution. ited, and every pay wa1Tant issued in the redemption of a. loan be charged to its proper loan. I state this fact, not doubting that it has been substantially stated A ledger for this purpose kept in this office to correspond with the one now kept before, but simply to give my own contribution of recollection to the iu your office will enable us to detect such errors in drawing waiTants as have up truth of history on the subject. I do not suppose it is ·in conflict to this time passed unnoticed. · with the statement made by any one, because the matter is fresh in That is to say, there was no check ~batever, and if an error oc- our minds, and I say this because I am never willing to make any curred in the office of the Register there was no provision or arrange- charge or suggestion of a charge of irregularity or of any other de- mentorsysteruanywhere else by which thaterror wonldbe discovered. fault against any Department or any officer of the Government or any individual unless I am prepared to sltow my grounds for it. In Although t.biR report is only intended to supplem('nt the 1abor performed in your this case the facts were unknown to me; I did not feel myself com- office. the result of which is published on page 11, of the finance report for 1871, y et it has necessitated the re-examination of every account from 18:l6 to July 1, petent nor did my other duties give me the time to undertake an in- 1il71. vestigation, which, upon the most rational estimate that I could · All the receipts and expemlitures on account of the different loans aggregated make of the labor, would have occupied me for one year and perhaps by years, are given in this report, to in\ite scrutiny into the accuracy of the re- longer with the aid of efficient clerks. I say this so that the hi -tory sults, to the end that absolute correctness may be attained. Hereafter, one account will be a check on the other, and prevent errors being of my connection as a member of the Committee on Finance with perpetuated. • the resolution may distinctly and plainly appear. Respectfully submitted, 1\i.r. THURMAN. I do not want to occupy the time of tbe Senate JOHN ALLISON, Register. more than a very few moments. I do not propose to question tbe ac- Hon. GEORGE S. BOUTWELL, Secretary of the Treasury. curacy of the report made to Congress under the direction of t.be Secretary of the Treasury, now the honorable Senator from Massa- This shows that there were two independent examinations of these chusetts. I am not authorized to do that, because I have no suffi- oldaccounts,onemadeintbeofficeof the Secretary of the Treasury and cient knowledge to justify me in criticising it; but one thing strikes one made in the office of the Register of the Treasury, and they were me as very singular indeed and as requiring observation. If I un- found to agree. I have ascertained this morning from the :{?.egister uerstand the Senator from Massachusetts, not one figure has been of the Treasury that, in consequence. of the resolution introduced by changed in the books of the Treasury Department. At the same time, the Senator from West Virginia, in both the offices, the office of the if I understand him correctly, those books do not present the truth; Secretary of the Treasury and the office of the Register of the Treasury, and therefore be caused to he made to Congress a report that is not there have been during the present session of Congress independent in correspondence with the books of that Department. examinations made of these two accounts from 1 36 to the present Mr. BOUTWELL. The Senator errs in that respect. The state- time and by different clerks, and the result corresponds with each ments made to Congress are in correspondence, but they are maue up, other. That is, these two examinations correspond with each other, for example, in regard to the public debt, from the receipts and ex- and they both correspond with the two examinations made in 1f!69 and penditures account instead of what is called the warrant account, 1870. Therefore it is now to be said that there have been four inde- which has been explained here in times past in this way: For in- pendent examinations made of these accounts, and the -result ous- stance, in the Register's Office whenever bonds pass through hjs Office tains the theory on :which I proceeued in the statement submitted to and are handed over to the Treasurer to be sold, they are entered the country in 1l:l70; and I think that whatever errors there may have upon the books of his Office as a portion of the public debt and be- been, they are not justly chargeable to me or to my administration ; come so, although as a matter of fact they are still in the Treasury that those errors existed in former times; and that my crime is that Department, and nothing bas been received from the purchase of tbe· I undertook to ascertain where those errors were, and when I ascer- bonds, they are still held by the Government.. Nevertheless they ap- tained those errors I did not hesitate to state the results to the conn- pear on his books as a part of the public debt, because they have try, for there bas never been any secresy about this; the statements passed through his bands and have been registered. Therefore, in were made in the reports of 1870 and 1871, and so on; and in fact I that respect, the public dobt would appear larger oftentimes, but not think even my friend, t,h e honorable Senator from ·w est Virginia, always, from his books, than it really was. On the other band, when will admit that from the time I illstituted these inquiries and made the public indebtedness is paid, when bonds are redeemed or green- these statements there has been no evidence tending in the least de- backs are redeemed, the Treasurer will have paid out money due on gree to show that the statements are erroneous in any particular. If bonds in his possession; but they would not appear upon the books of former statements were erroneous, as undou.btedly they were, when the Re6-rister of the Treasury as debts canceled and paid until the ac- those facts were ascertained by the Secretary of the ·T reasury he bad counts of the Treasurer had passed through the Office of the First Au- no higher duty resting upon him than to make the facts known to ditor and the Comptroller, which would take always some days and the country. That, I submit-, is a.l l that I have done. sometimes weeks; and, therefore, usually the statement of the public Mr. THURMAN. Is there any record in the Treasury Department debt by the Register would be in excess of the actual amount; not .of this investip:ation into these accounts f aJ ways, but very often, it would be so. It is just as we have attempted Mr. BOUTWELL. 0, yes. to illustrn.te it before, like the case of a gentleman keeping a bank ac- Mr. THURMAN. And the data upon which corrections were made t count. He might look at his book and it would show a certain bal- Mr. BOUTWELL. All, sir. ance in his bank, -whereas ou the books of the bank it might be dif- Mr. THURMAN. In detailf ferent, owing to the fact whether cheGks drawn had been presented ~lr. BOUTWELL. Yes, sir; I think in detail, entirely. I have no or not. Therefore the statement of the public debt by warrants did doubt all the minutes and papers have been preserved; but there not show exactJy its condition; but the statemer:t by receipts and have been four independent examinations. expenuitnres did show it, and that was the change which was made Mr. BAYARD. I desire to mak,s3 a statement. I was not in the in the year 1870; and since that time there has been an account kept Senate Chamber at the time of the presentation of the report made in the Office of the Register in both ways, by warrants and by re- by the officers of -the Treasury Deparlment in response to the resolu- ceipts and expenditures. There has been an account kept in the tion which went to the Committee on Finance, originally introduced Office of the Secretary of the Treasury by receipts and expenditures. uy the Senator from West Virginia but considerably modified by the These acc01mts are kept by different persons. They are compared at Senate. The resolution was one touching a6ubject of great difficulty the end of the quarter or at the end of the year to see whether they "'Jhich for its proper investigation would have involved many months agree or not; and in that manner ono becomes a test of the accuracy of labor upon the part of any committe charged with it. The Sena- of the otlier, and errors are less likely to occur than they were when 5168 .' 'cONGRESSIONAL RECORD-SENATE. AUGUST 4, there was only one account kept, and that by warrants. That is the books in commercial houses, in banking institutions, and every man difference. who chooses to look at the morle of keeping these books must know- There has been no chan~e in the books, and I may say in regard to there is a capacity for the books having great errors and that tlle the sta..tement of the public debt that if you take a statement made mode of ascertaining those errors must of necessity be very long and by Mr. McCulloch during his time, when it was upon a different basis, very uncertain. I was veTy much surprised when this whole matter and introduce into it the elements which were introduced by me, the was referred to the Committee on Finance, as I think I have saill to result would be precisely the same. For instance, he never included some of the members that they should have reporteo back; that the earned interest as a part of the pbblic debt which always amounted present mode of book-keeping was substantially sufficient.. I should to many million dollars, and sometimes to at least $30,000,000, which be very glad indeed if some action shoulu be taken by this body by was as much a part. of the public debt as the principal itself. That which, in the future at least, we should have the security that is bad was one of the alterations that I made in the statement of the pub- by the smallest commercial house in the country. We do not have lic debt. It did not change facts, but it presented, as I believed, the it to-day. facts to the country precisely as they existed. Mr. THURMAN. Can it be possible that a system of book-keeping Mr. THURMAN. Mr. President, the Senator has confined himself can be correct and all that is required which admits of a remodel- mainly or entirely to the subject of the public debt. The Senator ing of the whole accounts and a statement that the public debt is from West Virginia has called our attention not simply to the accounts $200,000,000 more than it appears on the books f Can it be possible of the public debt., but to the accounts of receipts and expenditures, that such a systel;Il of book-keeping can be correct t My colleague and not simply to receipts and expeilitures geuerally, but to special says that such discrepancies occur jn coUllllercial houses. What would subjects, as pension accounts for example. be said of the Bank of England if its reports showed a discrepancy of Now let us see how these matters stand. It is not necessary to say two hundred millions in regard to the liabilities of that institution Y what the mode of keeping books is in this famous report of 1871. It would not stand in public confidence in England one hour. I understand the fact to be, according to the statement of the Sena- · I will not say that the late Secretary of the Treasury, now one of tor from Massachusetts, that the books of the Treasury before 1871 our brethren on this floor, was at all wrong in remodeling that stat-e- dicl not show the true state either of the public debt or of the re- ment. If truth required it he was right iu remodeling it; but I do say ceipts and expenditures of the Government. That I understand, and that a system that required that remodeling, that reqnired a state- hence it was that he made a revised statement. Here is the glaring ment of the public debt at $200,000,000 more than it had been stated fact, that the system of book-keeping in the Treasury Department before, that required a change in the statement of the receipts ~tnfl up to the year 1871, if I understand the Senator correctly, did not expenditures of the Government of $8,000,000 or $9,000,000 in a single furnish to the country a correct statement of either the public debt year-that such a system of book-keeping cannot be correct, at least or the receipts and expenditures of the Government. it cannot be what the Government ought to r equire, ancl it is not 1\fr. BOUTWELL. 0, no. The Senator errs in this, With the what any great moneyed or commercial institution in the country exception of a few errors which occurred from time to time and would endure for a moment. That is what I ol1jeot to. 'Vbat con- whjch are explained, it furnished a statement, but it was upon the fidence can the country have in the statements of the indebtedness of basis of warrants and represented usually the debt to be greatertban the country or its resources, what confidence can be placed in the it actually was, because there was often debt paid which did not ap- credit of the Government, if we cannot rely upon the books of the pear upon the books of the Register, although the Treasurer had Treasury Department, if it requires its books to be remodeled, if it paid the debt. There was upon the books of the Register evidence of requires the labor of experts for months to find out whether they are bonds that were issued and appeared upon his books as a debt, a correct or not, and if the statements made to Congress differ by mill- liability of the Government, which, as matter of fact, were still in ions and tens of millions and hundreds of millions from the state- the Treasurer's hands and for which no money had been received, ments made in previous years f and it is a matter of fact that there was nobody outside having I say, Mr. President, that the Senator from West Virginia is enti- claims against the Government for those bonds. They were still in tled to the gratitude of this country for calling attent.ion to these the possession of the Government. . facts. I do not say at all that there has been anything wrong in what Mr. THURMA.N. That will apply only tO" the loan account and has been done. I do not know it, and I am not the man to make ac not at all to the account of receipts and expenditures. And now cusations without knowledge; but I do say that the mode of keeping what strikes me as singular is that upon this statement the books of these books must be wrong or there could have been no such discrep- the Treasury have been kept so long in such a way that they do not ancies in the reports that have been made to Congress. show of themselves and without extrinsic aid and the employment Now, sir, one word about the Register's accounts. .A.s I understand, of experts the true state of the public debt or the true state of the the Register is required by law to make a statement of the t·eceipts receipts and expenditures of the Government; and yet our committee and expenditures of the Government by warrants, at least be has has reported that no change in the mode of book-keeping is neces- been accustomed so to do, and I suppose there is some law for his <1 1 ~-o sary, if I understand the report. Such is their report, if I am not mis- ing it. If I understand the statement of the Senator from West Vir- informed. · ginia, the report made to us by the Register of the Treasury does not :Mr. SHERMAN. I will state further that in the nature of things agree with the warrant account. What answer is it to satthat some when books are kept in any way but in different offices and dealing of the bonds or the like, or warrants issued by the Government, have from different times and embracing different elements, it is not pos- not been redeemed at the Treasury T That is not the question at all. sible for them to agree; and the very fact that by analyzing and The question is, "Are you, Mr. Register, bound to make a report to taking out the different elements, comparing them they ca.n be tested Congress by warrants of the receipts and expenditures of the Gov- by each other, is the very highest security, and that security ought ernment; if you are, how dare you make a report that is not by the to be preserved and is preserved by the present mode. I think it warrants'" 'fhat is the question. Let him say this report is not b,v would be the same with a great commercial house. In a commercial the warrants; and yet if I am not mistaken-I may be wrong about .house it wouler annum it would be the most. just and eq nitable law that conld be become a law in the shape it came from the committee, it would not only have de- framed for this purpose. stroyed the railway post.{)ffice service but all other railroad service. nut it must be remembered that this law was framell in 1845, in the infancy of Then, as the Honse failed to get its reduction by making a careful revision of the railroall service of any kind and when the mails wore small .A.t that time, also, law which would improve the service, put tho Depaftment and the railroads on good the mails were carried in bulk, stowed in the smallest possible space, and accom- terms, and save fully 10 per cent. of the annual cost of mail transportation, got it panied by a messenger who threw off and took on bags or pouches at stations, but by making what might be called a horizontal reduction of 10 per cent. This was made no distribution, not even of the mails local to the line or route. .A.llllistribu- done after a statement was made by the officers of the Post-Office Department that tion was made in the offices at the termini of routes or at distributin~ post-offices-. it wonld resnlt in the withdrawal of all first-class postal facilities from the trunk- In process of time these mesengers began to open the pouches rec01ved from the lines, and which prediction, unfortunately for the country, has come trne. offices on the line of the road, take out the mail for other offices on the line, aml for Bnt the answer to the statement t.h at the postal facilities would be withdrawn which they put off mails; sending all mail going beyond the route into the head was met by one of the leadino- members of the Appropriation Committee and the office, as it was called, or the terminal offices. Then was required small apart- :ijouse of Representatives: "'That t.he people did not desire such rapidity in the ments on the cars for the first time. transmission of the mails; that it made no difference to them; that it was only a The law of 1845 makes no mention whatever of apartments to be furnished on the few over-critical business men who were so particular." cars, and therefore did not anticipate the gr:owth of this kind of service. The statement is made that everything is falling in price, that frei~thts, passen- With the increase of railroad nillea~e and combinations of short lines into trunk ger fare.,. &c., are being reduced, and consequently the railroads can aftord to carry lines under one management, ccnnectmg the different sections of the country; and the mails at a less figure than before. the rnnninu of trains of the various roads in close connection with each other, so It is doubtless trne that if a wise revision of the law regula~ compensation ro that a pass~nger ccnld ~o from one end of the country to another on connecting railroads should be made a considerable reduction in the aggregate cost would follow. trains and without "laying over" at any place; it was soon discovered that the But to make a reduction in tbe rate which already bears unequally on the rail- sen dina of mails from one " distributing office" to another resulted in serious de- rosuls for the reason that it is based upon an element, " wei_ght," which since the lays. ~nsequently, instead of intrusting valuable or important communications introduction of postal railway service has given way to space. It :matters little to to the mails, the business man forwarded by messenger or oftentimes by express. the railroad company after the car is furnished how much or how little weight is To avoid this delay or "laying over" of tho mails 'the system of "railway post- in the car, tho expense of performing t.he seiTice remains the same. offices" was devised, and in 1864 the first one was put in operation from Chicago If the wei"ht bore an equal proportion to the space required on all roads itconli west. be regulatell"by weight, but upon every railroad the features of the ~rvice are so A railway JX?St-office is a distributing post-office on wheels; as, for instance, prior difterent that 1t does not. The space on any train for a ¢.von weight depends upon to the establishment of the railwaypost-oftico mails for Wisconsin from New York the local mails, whether heavy or light, on the :{lroportion of through mails, and wonld be sent to "Chicago D.P. 0.;" that is, distributing post-office. 1-'hese mails also whetl1cr the through mails are sent through m bulk to be distributed on some would leave New York, say, at night·, reach Chicago the second morning, and go to road beyond, or are distributed on the line of road. +,he post-office, where they would. be distributed or assorted; part sent to" Milwau- lf the mails were like express goods then weight conld govern, but in addition to kee D. P. 0.," part to Mad~on, part to Green ~ay, and to ~ther centers fro~ wl..tich th6 storage necessary for the mail there must be a portion of the car fitted up as a railroad or starre routes radiated. .At those pomts the mail would go agam to the post-office, which is additional to the space necessary for storage purposes. pollt.office for another distribution to thevanous offices on the lines of those routes Then each year, with the improvements made in the workings of the mails and radiating. tho. more detailed distribution necessary to meet tho demands of the public, addi- Now, when these mails arrived in Chic-ago on trains over one road, the trains on tional Rpace is necessary for the same weights. the roads running into Wisconsin were waiting, and within a short time would It can tJms he seen that even if the rates for railroad traffic have fallen, the com- start, delaying only time enough to allow passengers to get from onli depot to an- pensation for mail service bas been reduced by demanding additional facilities for other, while the mail would go to the post-office an.d be clelay~d until the next train, tho same pay, or for-little increase. To show this the increase of facilities fur. which would leave about twelve hours aft-er. This same thmg would be repeated nished on the Lake Shm·e and Michigan Southern and the Ponnsylvmia Railroads at Milwaukee, Madison, or other places to which the mails would be sent from can be cited : Chicago. Pennsylvania Railroad, New Yorl: to Philadelphia. If only one train a. day was rnn, as is the case on many roads in the Northwest, Foot of linear car space furnishetl each way daily: the d6laywonld be twenty.four hours instead of twelve. Thus if a. passen~er and 1862 .. ·-· --- --·.- -· ··---- ·--- --. ----· ·---·· -··- ·-- --.- -··- -- ·- ---. -~· -·-. ---·-- 20 lett.er left New York at the same hour over the same route for an interior wwn in 1864. _____ -·---- --------- ·-- --. -·· .••. -···--- ---- --·- ------ ··-------- -·-- .. --.. 65 Wisconsin, the passenger would arrive from twenty-four to thirty-six hours in ad- 1866. -·--- -·- -··- --. -·---·.- -· ---- ···-·- --- -·- ··-- -------- -·----.-- ------.-- .. 100 vance. 1870.-- .. -- ·-··---· .. --·. --· ---- -··--- ---·-· -····- ·--- --------- ·---- .. ---·.- -·. 1iW The railway post-office system avoids this delay, and in this manner • .A. car is 1875.---.-----------. --· ------ ·----- ·--- ·- -·---- ·-- ------- ·--- --.--. ··--.---- . . 275 fitted up in precisely the same manner as a distributing post-office, with a force of The weight of mails on this line from the first record untill875 have about don. clerks, &c. The mail for, say, Wisconsin is put into the car, and after the train bled. lea"\""es New York and before it reaches ·Chicago, or while in transit, the distribu- Lake Shore and Michigan Southern. tion is made to tho various railway post-offices on the trains over the lines leading into Wisconsin. This mail is put in pouches labeled to the different lines, and as Feet of linear car space furnished each way daily: soon as the train arrives in Chicago these mails are sent to the trains soon to de- 1868 ••••• --·· -··---. -·-. -·-. ----------.------.---- -·-·--··- --· .. ---·-· ···-···· 13 part. and upon which are railway post-office cars anrl clerks who make the :final 1869 ••••. ·-··· ------- ·-·- -··.- --. ·-----·-· -·---· -··- •• ---· ---·-· ------. ···- •• . . 36 distribution, so that the mails are ready for the radiating routes at every junction or 1871 ..•.••.... ···-- ·- ·-- ·- ···--- ·--·- ---- ·----- .. -·- -····--- -----·-- --·-····-·- 72 stage center, and sent out on trains With which they connect closely, and the per- 1874. -----·-·· --···· ; _____ -.•.. ··-·- -·- -- -·--· --- --···-. --· .• -. ·---·· ------·-- 160 son addressed is soon in receipt of the news, be it good or bad. contained in the 1875.- -·. -- ·- -·-·. -·· -··-- ·-. ------- -· ..••.. --------------- -·.- -·-- --- ---·--·-·- 280 lett-er; and Il.o messenger, private express, or what n~t can anticipate the letter The weight of mails on this lli\e from the first record unti11875 have about dou- or pass it on its way. bled. The establishment of the t-ail way post-office of course necessitated the furnish- On many roads there has been but little increase of facilities demanded. ing of much additional Rpace on tho part of the railroad companies. Instead of tho The result is that the roads furnishing large proportionate Rpace are either un- mails being forwarded in the baggage.car with freight, express, or baggage, whole derpaid or the roads fmnishing comparatively few are fearfully overpaid. Ono car$ were set apart for the exclustve use of tlle mails. .A.nd for this space no pro- thing is certain the thlng should be equalized; and it would be economy to do so. vision was made..under the law of 1845. Nor could any railroad, no matter how A norizonal reduction of 10 per cent., or even more, therefore might be just much mail was carried, receive over $375 per mile per annum. This led to tho to some roads while it wonld be unjust to others. agreement by the 1-ailroad companies to throw off the postal cars referred to be- It may be said that space is considered, as t-h ere is a certain pay provided for the fore. · railway post-office car, but that amonnts to hut about four cents per mile run for In 1873 Congress passed the law under which railroads are now paid. That is: au average postal car, about the rental paid by one company to another for use of Routes carrying over their whole length a daily average weight of mails of two car, and amounts to a rental from tho Department to the railroad for the use of the llundred pounds receive $50 per milo of road per annum; five hundred p01mdq ext.m car. The compensation for hauling, &c., must come from the compensation $75; one thousand pounered mails in all parts of Ohio and Indiana during the night ready for Neither (loes the speed at wlrlch the mails are conveyed enter into consideration an em-Il mornin~ delivery, and delivering mails in all parts of IllinoiS, Michi~an, when the compensation is fixed; it is the same when carried on a frei~ht-train as most o Wisconsin and pa1·ts of lowa, Minnesota, and Missouri the day after it 1eft when carried on the fastest express. train. These, together with the fact that the New York, and connecting with the only through train to tho Pacific coast and Post-Office Department requires the railroads to take the mails to anu from the post- Territ-orios, ::.dvancing the mails to the whole Northwest and WP.st from tweh·e to offices at the ends of the route and to and from all offices within eighty rods of the twenty.four hours. line of road are the underlying causes of all troubles between the riiilroada and the Much criticism has been passed on its time of startin~ from New York, that it Post-Office Department. . waa a newspaper train, &c. In an-an¢ng its schedule tl..te idea. was to give it the Whether the compensation as fixed by law of 1873 is too great or too little is a best schedule for the accommodation of tho largest number of people. Not alono matter too intricate for discussion here. One thing, howe,·er., is certain: tl..tat is New York and Chicago were to be cousiuered, but New Englaml. the Middle States, under the provisions of that law great irregulari ties exist in the payments to rail- and tho great West, aml also the {:,'l'en.test extent of terntory that it wonld supply road companies if a comparison is made based upon the facilities furnished. during business hours of the day. The railroad companies demand that their compensation sba.ll be based upon the If mails are to be dolh-ereious to the establishment-of the 'fast' mail trains. ''On the New York Central and Lake Shore, howcYor, we are seriously crippled. The speed of the' fast mail' enabled us to concentrate most of the service upon that train. Between New York and Buffalo, therefore, we had bnt one additional serv- HOUSE OF REPRESENTATIVES. ice, leaving New York at El a.m., connecting with the postal car leaving Boston at 5 a.. m., at Albany; giving us a very complete local service. Previous to the faat FRIDAY, August 4, 1876. train there was a local service leaving Albany at 7 a.m., taking the New Englnnd mail len.ving Boston the mght previous and New York mail leaving at 11 p.m., The House met nt twelve o'clock m. Prayer by the Chaplain, Rev. which was of course merged into the ' faat' train. This will not be restored, and I. L. TOWNSEND. its absence will be most seriously felt through New York and Now England. The Journal of yesterday was read and approved. "On the Lake Shore there are \cry amplefacilitiesleft for localsenice, and suf- ficient car space and cars in which to hamlie all New England mn.ils for the West; MESSAGE FROM THE SENATE. but not sufficient to handle any part of tho through mails from N cw York to the West, which are very heavy. A message _from the Senate, by Mr. SYMPSON, one of their clerks, "These companies also will oorry such mails as can be put into the ba.gga,!!e-cars informed the House that the Senate had passed, with amendments, on all trains upon which they now carry them, but these facilities are not sufficient in which the concurrence of the Honse was requested, a bill of the for a tithe of the mails. " Tho Erie has a double daily line of postal cars throu~rh to Hornellsville, and a following title : single line from there to Dunkirk, where they connect with the Lake Shore. A bill (H. R. No. 3022) making appropriations for the construction, "We can put a force of clerks in these cars, as we had previous to tho fast train, repair, preservation, and completion of certain public works on rivers nnd work mails for Michigan, and Ohio, and Indiana, or such parts of the two latter and harbors, and for other purposes . • States as will be forwarded via the Lake Shore. "This will prevent too great delay to the mails for those States, and give us an SAINT PAUL, MINNESOTA, outlet for mails that can by no possibility be forwarded on the New York Central owin~r to the refusal of facilities." Mr. DUNNELL, by unanimous consent, from the Committee on Com- So far as expense is concerned, the fast-mail trains wore no additional expense merce, reported back, without amendment, a bill (S. No. 413) estab- to the Government1 but were economical. lishing the port of Saint Paul, Minnesota, as a port of appraisal. The mails are paid for by weight, and whether carried on one road or a dozen at The bill was ordered to a third reading, read the third time, and one hundred miles per hour or ten, the compensation is i25 per ton per mile of road per annum for all weights over five thousand pounds. passed. Running mails at a hi~rh rate of speed would and dirl naturally concentrate on Mr. DUNNELL moved to reconsider the vote by which the bill was those roads performing tho servicQ all mails that could be advanced to its destina- passed; and also moved that the motio:t to reconsider be laid on the tion, but running at a high rate of speed involves expense, while the compensation table. / for service did not increase in the same ratio. In fact if all the servir.e performed by three roads could be performed by one, it The latter motion was agreed to. would make a considerable reduction in the aggregate compensation. For instance, CHICAGO PE~SION AGENCY, if 21,000 pounds of mail was carried by one road the compensation would be- For the first five thousand pounds, $200 per mile . .......................... $200 Mr. HURLBUT, from the Committee on Civil Service Reform, which E:wh additional two thousand pounds, at 25 per mile....... . . . . . . . . . . . . . . . . 200 had been instructed to inquire into the truth of certain allegations in regard to the Chicago pension agency, reported the testimony taken Total................................................................. 400 by the committee, together with the report of the committee upon Four hundred dollars per Illile per annum. the subject. If that was divided between three roads, each carrying seven thousand pounds, the compensation would be- Mr. FOSTER submitted the views of the minority of the commit- For the first five thousand pounds, at $200 per mile ........... ·. ..... . . . . . . . . $200 tee upon the same subject. Each additional two thousand pounds at 25 per mile...... . . . . . . . . . . . . . . • . . • ~5 Mr. HURLBUT moved that the reports be printed and laid upon the table. Total................................................................. 225 The motion was agreed to. or two hU?dretl aml twenty-fiv~ to each road or $675 aggre~ate compensation to the three, a difference of 275 per mile of road per annum m favor of concentrating the ORDER OF BUSINESS. mails, and in this way tho fast-mail service worked economy. :Mr. LANE. I ask unanimous consent to have taken from the So far as distribution is concerned, that must uo made at some place, and it is Speaker's table at this time and put upon its passage Senato bill No. economy to do it on the cars. . If done at a post-office it must be made in a limited time, as tho mails are mostly 5:38, to which there can be no possible objection. deposited at the latest possible moment before closing-time, or tho departure of the Mr. HOLMAN. . I have no objection to that particular bill, but .we 1876. CONGRESSIONAL RECORD-HOUSE. 5173 must at an early hour proceed to the consider:tt.ion of business on the Mr. ATKINS. To report at any timet Speaker's table. Mr. LUTTRELL. I wish to ask one question. If the House pro- Mr. RANDALL. This taking particular bills from the Speaker's ceeds under the motion of the gentleman from Indiana [Mr. HoL- table is an unusual proceeding, and it places those whose bills are left MAN] to consider these amendments, will it be in order as they come there at a disadvantage. up to offer amendments to the Senate bill as it comes back to us f The SPEAKER pro tempore. The proposition of the gentleman Mr. HOLMAN. Certainly. from Oregon [Mr. LANE] can only be admitted by unanimous con- The SPEAKER p1·o ternpo1·e. Certainly. sent. Mr. WILSON, of Iowa. I think it would be more in accordance Mr. LANE. If the bill is read, I think there can be no objection with the custom of the House to refer these amendments for consid- to it. eration to the Committee of the Whole on the state of the Union. I Mr. EDEN. I wi11 reserve my right to object until the bill is read. understand that there are extensive changes made in the bill; and if The SPEAKER pro tempore. 'The Clerk will report the title of the we are to carry out the theory of gentlemen on the other side, that bill. the Senate hna no right to amend appropriation bills, if the House is The title of the bill was read, as follows : to control appropriation bills altogether, then these amendments A bill (8. No. 538) to create an additional land district in the Territory of Idaho· ought to be considered in Committee of the Whole, where every mem- ber can have an opportunity to offer amendments and speak upon Mr. HOLMAN. I think my friond from Oregon [Mr. LANE] will them. consent that that bill remain on the Speaker's table for the present. Mr. HOLMAN. Certainly; let the gentleman make that point if- The SPEAKER pro ternpore. Objection is made. he thinks prpper. HEAD-STONES FOR NATIONAL CEMETERIES. Mr. WILSON, of Iowa. I think the Committee of the Whole is the Mr. BANNING, by unanimous consent, from the Committee on Mil- proper place for the consideration of these amendments. Mr. HOLMAN. I think so, too, if they are to be considered other- itary Affairs, submitted a unanimous report on the matter of the con· wise than urider the five-minute rule. tract to furnish soldiers' head-stones; and moved that the report be WILSON, of Iowa. I move that the amendments of the Senate printed and the committee discharged from the further consideration beMr. referr~d to the Committee of the Whole on the state of the Union. of the subject. Mr. DUNNELL. The course suggested by the gentleman from The motion was agreed to. Iowa bas not been adopted in any case during the present session. I ORDER OF BUSI1:\TESS. hope that the motion of the gentleman from West Virginia will pre- Mr. EVANS. I ask unanimous consent to take from the Speaker's vail. It is in ha-rmony with our action heretofore during the pres.ent tablo and put upon its passage at this time Senate bill No. 944. session. Mr. LANE. I reserve the ri~ht to object until the bill is read. The SPEAKER pro tempore. The Chair will state, however, that Mr. RANDALL and Mr. PIERCE called for the regular order. the motion of the gentleman from Iowa is strictly parliamentary. The SPEAKER pro tempore. The gentleman from West Virginia, Mr. DUNNELL. It may be parliamentary, but it is not in har- [Mr. HEREFORD,] as the Chair understands; desires to ask for a com- mony with the action thus far taken during the present session. mittee of conference. Mr. WILSON, of Iowa. I want to ask the gentleman from Minne- sota [Mr. Du~LL] whether he indorses the management of appro- RIVER A..'{D HARBOR BILL. priation bills during the present session f Mr. HEREFORD. I ask unanimous consent to have taken from the Mr. DUNNELL. I am in favor of a uniform course of procedure Speaker's table at this time House bill No. 302'.2, with the Senate throughout the session. I do not propose to single out this bill and amendments thereto, being a bill making appropriations for the con- make it the object of a particular atta-ck. struction, repair, preservation, and completion of certain public works Mr. WILSON, of fowa. We ought to forsake our evil ways as soon, on rivera and harbors, and for other purposes. And I am instructed by as we can. the Committee on Commerce to move a non-concurrence in the Sen- Mr. REAGAN. I desire to say a word i~ reference to the different ate amendments, and to ask for a committee of conference thereon. motions submitted.in regard to this bill. Mr. EDEN. I desire to ask a question of the gentlema.n from West Mr. THORNBURGH. I call for the regular order. Virginia, [:Mr. HEREFORD.] Is the object of non-concurring in the The SPEAKER pro te;npore. This is the regular order. The ques- Senate amendments and asking for a conference to increa.se the a.g- tion ha~ been raised by unanimous consent, and it is now before the gregate amount of appropriations as contained in the bill a~ it comes House. from the S-;mate; or is the object simply to re-adjust the different items Mr. REAGAN. Mr. Speaker, this bill as passed by!the House ap- of appropriations! propriated about $5,800,000. The House committ-ee worked upon the Mr, HEREFORD. I have no objection to answering the question measure for three or four months a~ faithfully and laboriously as any of the gentleman from illinois, [Mr. EDEN.] There is no intention committee ever worked upon any bill. They read the report of the on the part of the committee of conference to ask the House to in- en~ineers in reference to every case that they acted upon. They crease the amount of appropriations in the bi11 as it comes from the cafled before them the Representatives of every district affected by Senate. any proposition in the bill. They received before them any Senator Mr. HOLMAN. I believe the motion first in order is to concnr in desiring to make suggestions iu reference to the formation of the the amendments of the Senate, inasmuch as the motion that tends bill. to bring the two Houses together in their action takes precedence of The purpose of the committee at first was to fram~ a bill which the motion to non-concur. - should not appropriate more than $5,000,000 ; but before it was The SPEAKER pro tempore. The motion to concur is first in order. completed the amount, in response to demands of members of the Mr. JIOLMAN. Inasmuch as I wish to submit that motion, while Senate and the House and upon the reports of the Engineer Depart- opposed to the entire bill, I desire to state that the bill, as it comes ment, was increased about $800,000 beyond what we originally de- from the Senate, at least reduces the amount of appropriations con- signed. Indeed, some of us were in favor of making the amount as tained in the House bill. There is, as I understand, a reduction of low as $4,000,000 if an equitable bill of that amount could be framed. $800,000 from the bill aa it passed the House. I therefore propose to The bill went to the Senate. The Senate has struck out some items submit a motion to concur in the Senate amendments. and inserted others, making a reduction of about $603,000, and mak- Mr. ATKINS. To concur without knowing what the amendments ing the aggregate appropriation $5,200,000. aref Having been an earnest laborer in tho formation of the House bill, Mr. HOLMAN. I think must of us know what they are. If any and having examined carefully the amendments made by the Senate, gentleman desires it I will ask that the amendments of the Senate be I wish to say that they create an inequitable and unjust distribution reported. of the amounts proposed to be appropriated. I trust, therefore, that The SPEAKER pro tempore. The motion to concur takes preced- the motion of the chairman of the Committee on Commeree [Mr. ence of tho motion to non-concur, even when the previous question HEREFORD] will be adopted and that upon a free conference of the has been ordered upon a motion to non-concur. two Houses there may be a redistribution o~ the amounts appropri- Mr. HOLMAN. If the gentleman from West Vir~nia. [Mr. HERE- ated, without augmenting the aggregate appropriation and possi- FORD] would prefer it, I have no objection to referrmg this bill with bly making a still furtherreduction, which I think practicable. Thus the Senate amendments to the Committee on Commerce, so that they the bill may, I hope, be put in a form more equitable and just, which may roport to the House what changes, if any, should be made in the will satisfy both Congress and the country better than the present Senate amendments. But in tho absence of any report of a commit- Senate bill which the gentleman from Indiana [Mr. HOLMAN] pro- tee to the House, it seems to me that we should act upon the informa- poses to take as it is. tion which we now possess, and which we derive from the Co~GRES­ One of the reasons in favor of the course which I advocate is that SIONAL RECORD, as to what action the Senate has taken. Upon such the House bill was not acted upon in the Senate by the Committee a bill as this I hope the House will not consent to non-concur in on Commerce but by the Committee on Appropriations, and at a late amendments reducing appropriations nearly a million of dollars, over hour in the session when it was impossible for the committee to give $800,000, without a report from a committee. Therefore if the gentle- it one-tenth of the consideration that was given to H by the House man from West Virginia prefers it, instea-d of acting upon these committee. I have no complaint to make of the action of the Senate amendments in the House now, or going into Committee of th~ .Whole committee; because I presume that in the time allowed them they to consider them as we have a right to do, I will move that the bill did tho best they could except in this: notwithstanding the general with the amendments of the Senate be referred to the Committee on aggregate of the bill is reduced about $600,000, there is in particular Commerce for their report. States a considerable increa-se of the amounts appropriat-ed. It is not 5174 CONGRESSIONAL RECORD-HOUSE. AUGUST 4, a reduction all 'round upon an equitable basis, but it show!:! it was just been remarked, by the CommHtee on Commerce of the Senate, whose acted on according to the judgment of the committee without time duty and whose privilege it was to bring their knowlcdgo on counner- to consider the reports and the facts in relation to the different works. · cial and navigation questions to the considerat.ion of this bill. It This being so, there is no way to correct it except by a conference. was turned over to the Appropriations Committeo of the Senate, To accept the bill as it now is would be to do injustice to many which never bas had charge of that class of qnestious. States and many districts. The want of equity in the bill can in some Now, sir, I am free to say t.hat in the particular po ition in which measure be supplied by a committee of conference, and without the that bill appeared in the Senate tho Senate have doue far better thn,n attainment of that end I say the bill is so inequitable as it now stands I had any reason to expect they would. They have made changos, that the House ought to defeat rather than pass it. . in some respects judicious and in some respect-s injudicious. Were Mr. HEREFORD rose. it a matter personal to me and my State, I might have great rea on ~lr. REAGAN. One moment. My colleague on the committee sug- to complain of what I might think was a seeming unfairness to the gests if I have not done it, and I think I may ', voting 95 ; as follows : Tli'at the applicant had made preparations in time to visit Washington for the YEAS-Messrs. Anderson, John H. Baker, Boll, Bla.ckburn, Bland, Boone, John purpose of making application to the Commissioner for an ext€1nsion of his patent, Young Brown, Horatio C. Burchard, Cannon, Collina, Cutler, Danford, Darrall, but supposing that the ninety days' notice required was a rule of the Commissioner Eden, Fort, Frye, Glover, Hoar, Hoge-, Holman, Hurlbut, Jenks, Le Moyna, Maish, of Patents and subject to his discretion to some extent, and not a. statutory enact- Miller, Morgan, Mutchler, Neal, Packer, Poppleton, Powell, Rainey, Randall, Rice, ment; he dicl not reach Washington until fifteen days after the time limited, being Robinson, Savage, Sheakley, SinQ'leton, William E. Smith, Southard, Springer, seventy-five days before the expiration of the oriwual term, when be learned that Stenger, Stevenson, Thompson, 8harles C. B. Walker, Walsh, Wike, and James his only remedy was through an enabling act by Liongress. That he has since been Williams-48. diligent in pressing his case upon the attention of Congress, and though it received NAYS-Messrs. Adams, Atkins, Bagby, George A.. Bagley, John H. Bagley, jr., the :favorable action of our committee at the last session, the said committee were William H. Baker, Ballou, Banks, Banning, Bradford, Bright, Samuel D. Burchard, unable to submit their report. · Cabell, John H. Calllwell, William P. Caldwell, Cason, Caswell Cate, Caulfield, Your committee are of the opinion that the applicant is entitled to relief from John B. Clarke of Kentucky, .John B. Clark, jr., of Missouri, Cochrane, Conger, the effects of his mistake, and therefo~·e recommend the paasage of the accompany- Cook, Culberson, Davis, Davy, Dibrell, Dobbins, Dunnell, Durand, Durham, Eames, ing bill. Ely, Evans, Felton, Finley, Forney, Foster, Franklin, Freeman, Garfield, Gibson, The question was put upon ordering the bill to a third reading; and Goode., Goodin, Gunter, Hale, Andrew H. Hamilton, Hancock, Hardenbergb, Ben. jamin W. Harris, Hartridge, Hartzell, Haymoncl, Henderson, Hereforc.l, AbramS. upon a division there were-ayes 7, noes 31. Hewitt, Hopkins, Houso, Hubbell, Hunton, Hmtl, Thomas L. Jones, Joyce, Kas- Mr. J. II. BAGLEY. I call for tellers; but before the vote is taken son, Kehr, Kimball, Franklin Landers, Lane, Lapham, Lawrence, Leavenworth, I should like to say a word. Levy, Lutt.rell, Lynch, Mackey, MacDougall. McCrary, McDill, .McFarland, Met. The SPEAKER pro tern.pare. The gentleman has a right to be calfe, Milliken, Mills, Monroe, MoiTison, Nash, New, Norton, 'O'Brien, O'Neill, Page, Payne, PhelpsLPierce, Piper, Platt, Potter, Rea, Reagan, John.Reilly, Rid- heard. dle, Wilham M. Rob ins, l~oberts, Miles Ross, Rusk, Sampson, Scales. Schleicher, .Mr. J. H. BAGLEY. This bill is designed simply to correct an error Sinnickson, Slemons, Smalls, Strait, Stone, Teese, Terry, Thomas, Thornburgh, or inadvertence on the part of the patentee. He was entitled under Throckmorton,'\Vashington Townsend, Tucker, •.rufts, Van Vorhes,JobnL.Vance, the statutes to the extension of his patent, but be was about ten days Waddell, Wait, Gilbert C. Walker, Ward, Warren, Erastus Wells, G. Wiley Wells, White, Wigginton,. Willard, Alpheus S. Williams, Jeremiah N. Williams, Willis, t.oo late in making his application, and this bill is merely to correct Wilshire, Benjamin Wil5on, James Wilson, Woodburn, Yeates, and Young-142. that error. This patent was issued in 1860. It is for a machine which NOT VOTING-Messrs. Abbott, Ainsworth, Ashe, Bass, Beebe, Blair, Bliss, is used exclusively in the South, and on account of the war the pat- Blount, Bradley, William R. Brown, Buckner, Burleigh, Camp bell, Candler, Chapin, entee was unable to transact any business. Since then he ha~ been Chittenden, Clymer, Cowan, Cox, Crapo, Crounso, De Bolt, Denison, Douglas, Eg· bert, Ellis, Faulkner, Fuller, Gause, Robert Hamilton, Haralson, Henry R. Har- introducing the machine, but has received no adequate reward for his ris, John T. Harris, Harrison, Hatcher, Hathorn, Hays, Hendee, Henkle, Goldsmith invention. · W. Hewitt, Hill, Hooker, Hoskins, Hunter, Hyman, Frank Jones, Kelley, King, Mr. HURLBUT. Why is it that this patentee did not go before the Knott, Lamar, George M . Landers, Lewis, Lord, Lynde, Magoon, McMa-hon, Meade, Money, Odell, Oliver, John F. Philips, William A.. Phillips, Plaisted, Pratt, Commissioner-- Pnrman,James B.R.eilly, John Robbins, Sobieski Ross, Sayler, Schumaker, Seelyo, Mr. J. H. BAGLEY. He was under the impression-- A. HeiT Smith, Sparks, Spencer, Stowell, Swann, Tarbox, Martin I. Townsend, Mr. HURLBUT. He was ignorant of the law. Turney, Robert~. Vance, Waldron, Alexander S. Wallace, John W. Wallace, WaU- Mr. J. H. BAGLEY. No; he made a mistake often days in apply- ing, Wheeler, Whitehouse, Wllitin~, Whitthorne, Andrew Williams, Charles G. Williams, James D. Williams, William B. Williams, Alan Wood, jr., Fernando ing for his extension. Wood, and Woodworth-95. Mr. NEAL. Does not this report show that this patentee has already received over $7,000 for his machine 'l So the motion to lay the bill on the table was not agreed to. Mr. J. H. BAGLEY. Yes; but he has expended it all in introducing Mr. HEREFORD. I now call the previous question upon my mo- his machine. tion that the House non-concur in the amendments of the Senate and Mr. NEAL. The question; then, seems to be this: whether the Gov- ask a conference on the disagreeing votes of the two Houses thereon. ernment shall not only give this patentee a term of fourteen years of 'fhe previous question was seconded and the main question ordered; exclusive privilege, but shall further insure the success of his patent f and under the operation thereof Mr. HEREFORD's motion was agreed Mr. J. H. BAGLEY. He bas not had fourteen years' advantage of to. . his patent; ouly about five or six years. Mr. HEREFORD moved to reconsider the vote by which the mo- Mr. NEAL. He was granted a patent for fourteen years. tion was agreed to; and also moved that the motion to reconsider be Mr. J. H. BAGLEY. That is true; but the war came on, and he laid on the table. could not in trocluce his machine during the first portion of that period. The latter motion was agreed to. Mr. NEAL. And you want the Government to insure the success The SPEAKER pro tempore appointed as the conferees on the part of this patentf · of the House Mr. HEREFORD, Mr. REAGAN, and Mr. DUNNELL. Mr. J. H. BAGLEY. No. I simply ask the House to correct the ORDER OF BUSINESS. error which the man made in applying for his extension. This bill was discussed in the Senate at length, and unanimously passed by Mr. BRIGHT. I call for the regular order of business. the Senate, to give the man the privilege of again going before the The SPEAKER pro tmnpore. The regular order of business is the Commissioner of Patents. call of committees for reports of a private nature, and the mQrning Mr. COCHRANE. Is there any provision in this bill to protect hour begins at one o'clock p. m. and the call rests with the Commit- parties who in good faith had manufactured this machine since the tee on Patents. expiration of the patent'f HORACE L. EMERY. Mr. J. H. BAGLEY. There is such a provision. But the patentee Mr. J. H. BAGLEY, from the Committee on Patents, reported back, has manufactured all these machines himself. He proposes to con- with a favorable recommendation, the bill (8. No. 675)to enable Hor- tinue their manufacture himself, and not to license other parties for ace L. Emeryto make an application to the Commissioner of Patents a royalty to manufa.cture them. I hope the bill will pass. for th:e extension of letters-patent for improvement in cotton-ginning The question was upon ordering the bill to be read a third time. machmes. The SPEAKER pro tempore. No quorum having voMd, the Speaker ' The bill was read, as follows : will order tellers under the rule, aud appoints the gentleman from That Horace L. Emery, of Albany, in the State of New York, have leave to make New York [Mr. J. H. BAGLEY] and the gentleman from Illinois [Mr. application to the Commissioner of Patents for an extension of the letters-patent HuRLBUT] to act ars telllers. . granted to him for an improvement in cotton-ginning maehines of date the 4th day The Honse again divided; and the tellers reported that there were- of September, 1860, for the term of seven years from and after the date of such ex- ayes 55, noes 68; no quorum voting. tension by the Commissioner of Patents ; such application to be made in tho same manner and to have the same effect as if the same had been filed not less than ninety Before the result of this vote was announced,· days before the expiration of the aforesaid original t~rm of said patent· and upon Mr. J. H. BAGLEY called for the yeas and nays. such application so filed, the Commissioner of Patents shall be authori~ed to con- The yeas and nays were .ordered. sider and determine the same in the same manner and with the same effect as if the The question was taken; and there were-yeas 49, nays 123, not vot- application hatl been duly filed within the time prescribed by law, and as if the original term of said patent ha.d not expirAd: P.rovided, That no person shall be held ing 113; as follows: liable for the infringement of said letters-J?atent, if extended, for making use of said YEAS-Messrs. Adams, George A. Bagley, John H. Bagley, jr., William H. invention since the expiration of the origmal term of said lott.ers-patent and prior Baker, Ballou, Banks, Cason, Cv.ulfield, Conger, Darra.ll, Davy, Dobbin~s~ Dunnell, to the date of the extension. Eames, Ely, Finley, Harden berg h. Benjamin \V. Harris, Haymond, Hen~ae, Abram • 5176 CONGRESSIONAL RECORD-HOUSE. AUGUST 4, S. Hewitt, Hoar Hoge, Hurd, Hyman, Franklin Landers, Lane, Leavenworth, Lord, were paid a full month's extra compensation. The appropriation of N ash1 Nor ton, o'Brien, O'Neill, Page, Pierce, Platt, Rainey, Rea, Rea~, Sinnickson, $25,000 for ma.king this additional payment to the discharged em- SmalLs, Stowell, Wait, Charles U. B. Walker, Ward, G. Wiley Wells, Alp~eus S. Williams, Willis, and Woodburn-49. · ployes of that Bureau received, I believe, the universal concurrence NAYS-Messrs. Ainswort-h, Anderson, Atkins, Bagby, John H. Baker, Bell, of this Honse. The practice, therefore, is too general to permit any Blookburn, Bland, Boone, Bradford, Bright, John Youl!g Brown, Horatio C. Bur· point to be made on this resolution, although I agree with the gen- chard, Cabell, John H. Caldwell, William P. Caldwell, Cannon, C_aswell, Cate, tleman from illinois that the practice is a very unwi8e one. John B. Ularke of Kentucky, John B. Clark,jr., of Missouri, Cochrane, Collins, Cook, Culberson, Cutler, Danford, Davis, Dibr-ell, Durham, Eden, Evans, Felton, Mr. FRYE. Was it not also the "practice" to furnish t-ea for the Forney, Fort, Foster, Freeman, Fr:ve, Gibson, Glover, Goode, Goodin, Hale, Andrew use of members t [Laughter.] H. Ramilton, Han cook, Harrison, llartridge, ll!\rtzel1, Henderson, Holman, House, Mr. HOLMAN. That was the practice, I beli~ve, on the other side Hubbell, Hunton, Hurlbut, Jenks, Thomas L. Jones, Joyce, Kasson, Kimball, L:~.w­ of the House. rence. LeMoyne, Luttrell Lynde, McCrary, McMahon, Milliken, Monroe, Morgan, Morrison, Neal, New, Packer, Payne, Phelps, John F. Philips~iper, Plaisted, Pop- Mr. WIDTE. I would like to inquire of the gentleman from In- pleton, Potter, Randall, John Reilly, Riddle, John Robbins, william M. Robbins, diana whether when the employes of the la-st Congress wore ills- Roberts, Robinson, Miles Ross, Sampson, Savage, Scales, Schleicher, Sheakley, Sin· charged at the beginning of the present session they were allowed gleton, Slemons,William E. Smith, Southard, Springer, Strait, Stenger, Stevenson, a month's extra pay after their dischargef Perhaps I do not make Stone, Terry, Thomas, Thompson, Thornburgh, Throckmorton, Washington Town· send, Tucker, Torney,JohnL. Vance,WaddeU,GilbertC. Walker, Walsh,Warren, myself understood. If I understand the resolution now before the Erastus Wells, Wigginton, Wike, Willard, James WilliAms, James D. Williams, Honse- Jeremiah N. Williams, James Wilson, and Yeates-123. Mr. WILLIAMS, of Indiana. Let me answer the gentleman's ques- NOT VOTING-Messrs. Abbott, .Ashe, Banning, Bass, Beebe, Blair, Bliss, Blount, Bradley, William R. Brown, .Buckner, Samuel D. Burchard, .Burleigh, tion. Campbell Candler, Chapin, Chittenden, Clymer, Cowan, Cox. Crapo, Crounse, Mr. WHITE. Not just now. The effect of this resolution, as I un- De Bolt, Denison, Douglas, Durana, Egbert, Ellis, Faulkner, Franklin, Fuller, Gar- derstand, is to allow additional salary to employes who have been field, Gause, Gunter, Robert Hamilton, Haralson, Henry R. Harris, John T. Har- discharged already. Now I want to know whether the employes who ris, Hatcher, Hathorn, Hays, Hendee, Hereford, GoldRIDith W. Hewitt, Hill, Hooker, Hopkin8, Hoskins, Hunter, FrankJones, Kehr, Kelley, King, Knott, Lamar, were discharged by the officers of this Hguse when the atlministra- George M. Landers, Laphain, Levy~ Lewis, Lynch, .Mackey,. Magoon, Maish, Mac tion of its affairs passed from republican into democratic hands were Dou_gall, McDill, McFarland, Meaae, Metcalfe, Miller, Mills, Money, Mutchler, allowed any extra salary t Odeu, Oliver, William A. Phillips, Powell, Pratt, Purman, James .B. Reilly, Rice, Mr. FORT. I can answer the gentleman that they were not. Sobieski Ross, Rusk, Sayler, Schumaker, Seelye, A. Herr Smith, Sparks, Spencer, Swann, Tarbox, Teese, Martin L Townsend, 'l'ufts, Van Vorhes, Robert B. Vance, Mr. WILLIAMS, of Indiana. We did not pay those employes who Waldron, Alexander S. Wallace, John W. Wallace, Walling, Wheeler, White, were discharged last December, because they received the pay that Whitehouse, Whiting, Whitthorne, Andrew Williams, Charles G. Williams, Will- was due them and they did not have to wait here for even one day iamB.Williams,Wilshire,BenjaminWilson,AlanWood,jr.,FernandoWood,Wood- to get their pay. I am as far as any gentleman on this floor from worth, and Young-113. being willing to pay men for services not rendered; and! would have So the bill was not orderecl to a third reading. been very much opposed to paying a single one of these men if they Mr. CONGER. I move that this bill be recommitted to the Com- could have obtained their pay when they were discharged; but they mittee on Pat-ents, not to be brought back on a motion to reconsider. coulcl not then be paid. ·why 7 Because the other branch of Con- Mr. RANDALL. I move to lay the bill on the table. ·what is gress refused to pass until the 2'2d of July the bill which had passed the use of killing these bills constantly, and having them always this House for the purpose of paying those employes. Consequently coming upt these men were detained here for want of money to take them to Mr. CONGER. This bill has not been killed. their homos. We now propose to pay them $77 apiece for the time Mr. RANDALL. It has been pretty well scotched, and we may as they were detained here in consequence of not getting their pay. well kill it at once. · Mr. WHITE. I would like to ask one other question. I under- The motion to lay on the table was a!n'eed to. stand that these are clerks of committees, and I would like to know Mr. RANDALL moved to reconsider the vote by which the bill was whether this list includes all the committee clerks whose services laid on the table, and also moved that the motion to reconsider be might be dispensed with. laid on the table. Mr. WILLIAMS, of Indiana. Thero is not a single clerk in this The latter motion waa agreed to. list. PAYMID..'T OF EMPLOYES OF THE HOUSE. Mr. RANDALL. Let me say that this is the result of the action of the House in redncingthe number of employes heretofore employed by Mr. WILLIAMS, of Indiana, from the Committee of Accounts, re- the republican House. ported the following resolution: Mr. WHITE. That may be a good point; but does this list include Resolved, That the Clerk of the House of ReprEISentatives be authorized to pay all that might bo dismissed t I ask that the list be read. to the parties whose names appear on the annexed schedule the sums set opposite Mr. WILLIAMS, of Indiana. I call for t.he previous question. their names; the total sum to be paid amounting to $1,34l.87. 1\Ir. CONGER. Let the list be read. Mr. RANDALL. Read the schedule. Mr. FORT. I would liko to mahe a remark. Mr. HURLBUT. Let the names be read. Mr. WILLIAMS, of Indiana. I yield of course to my colleague on Mr. WILLIAMS, of Indiana. Some sixteen employes of the House tho committee, [Mr. FORT.l who were djscharged on the 30th of June did not receive their pay at Mr. l!"ORT. Since the honorable chairman of the Committee on th8.t time, and could not receive it until the 22d day of Ju.!y. A res- Appropriations [Mr. RANDALL] has made his very cuttin~ remark, I olution was pa-ssed by the House tho other day directing the Com- wish to say that if there is any economy in this propositiOn I would mittee of Accounts to inquire into the propriety of allowing them like him to point it out. This House now proposes to pay a man $133 compensation up to the time when they received their pay for June. for waiting here thirty days for fifteen days' pay. Is that economy t We liave agreed to this resolution allowing them pay up to the 22d It will cost us $133 aa interest on $45 for thirty days, and they aak us of JUly. . . to pay over 1,300 for this delay. Mr. HURLBUT. Do I understand that the chatrman of the Com- Mr. RANDALL. I will answer the gentleman. It is practically mittee of Accounts [Mr. WILLIAMS] Teports here a proposition to dispenaing with the number of officers whom you employed here in pa.y men for time that they have not served-for time after they had the la~t Congress, and whom we now discharge under the operations been discharged from service 7 of a policy of reduction. Because we were not able to pay them Mr. ILLIAMS, of Indiana. Yes, sir. promptly, we give them pay for twenty days that they were detained Mr. HOLMAN. The gentleme.n from Illinois [:Mr. HuRLBUT] will here waiting ~or their p;~.y. remember that it ha.s been the common practice to give employes a. Mr. FORT. These were not the employes of the last Congress, but month's extra pay. A resolution is offered at almost every session of are the appointees of the present democratic House. Congress t-o pay the pages of the House for an entire month after the For one I do not propose to sit here longer and be lectnred by the adjoumment of Con!n'ess. gentleman [Mr. RANDALL] on economy when his practice will not Mr. HURLBUT. Butthegentlemanfrom Indiana always opposes it. bear him out. I have asked the names be read by the Clerft. · It will Mr. HOLMAN. That is unimportant. I am merely speaking of be seen that one person was discharged on the 15th of June and who the practice, which ha-s been to pay a full month's compensation in ouly had pay for fifteen days due him. It is now proposed to pay him excess of the time of actual service. This pmctice seems to prevail $133 as interest on his pay for fifteen days. That is the economy the in almost every Department of the Government. gentlemen of the other side propose. :Mr. HURLBUT. But I wonder at the gentleman from Indiana, Mr. RANDALL. We have reduced the expenses here $100,000. who is the great fugleman of reform, proposing to pay men for work Mr. FORT. I am willing to pay all discharged men and have been, that they have not done and to pay them for staying over here in order but no such proposition was ever made by gentlemen on the other side to be paid. of the House to pay employes discharged when they came into power. :Mr. HOLMAN. I am simply calling the attention of the gentle- Not one single wounded Union soldier ever got one cent additional man to what has been a very common practice. My colleague [Mr. ua.y when he .was discharged. Gentlemen on that side of the House WILLIAl\IS J and the Committee of Accounts are merely following, and {lid not propose to pay them any extr-a pay. Now I want this list of to a partial extent only, a practice which has been almost universal discharged employes to be read and put into the RECORD. It will for many years past. show that those gentlemen who are lecturing us on economy do not Mr. KASSON. Have the Committee of Accounts reported in favor practice it themselves when it applies to their own party. of any extra pay for those men who were disch:uged last DecembeT 7 I wish it distinctly understood that the other side of tho House Mr. HOLMAN. I would remark that the same thing was done, have made no such proposition to pay republicans who were dis- with the concurrence of the gentleman from Illinois, [Mr. HURLBUT,] charged when they came into power. They have kicked out one- in regard to the employes of the Engraving and Printing Bureau, who legged and one-armed Union soldiers, and did not propose to pay • 1876. CONGRESSIONAL RECORD-HOUSE~ them one single cent beyond the pay for the days they had renderecl very anxious to have a clerk; and I have only reported this resolu- their faithful service. tion in accordance with the instructions of the majority of the Com- Mr. HOLMAN. The gentleman is mistaken. mittee of Accounts aml at the request of the committee which de- Mr. FORT. No; I am not mistaken. sired the services of this clerk. The chairman of the committee can Mr. HOLMAN. It has been explained there has never been but probably explain it. one disabled soldier' dismissed from the service, and that was under a Mr. HOLMAN. With the consent of my colleague, I will move to misapprehension, and another wounded soldier put in his place at recommit the report of the Committee of Accounts with instructions once. to inquire if the duties are not performed by a st.enographer. :Mr. FORT. The gentleman knows that at lea~t twenty wounded The question being taken on Mr. HOLMAN'S motion, there were- Union soldiers were discharged, and he can find the names of some ayes 17, noes 45; no quorum voting. of them published in the New York Times of August 1, 1876, and in Mr. HOL~1AN. I insist on further count. Gentlemen must know no instance did his party pay them a single cent in addition to what there is an army of clerks unemployed about this House, absolutely they had earned~ unemployed ; the duties being performed by stenographers. Mr. RANDALL. In reference to this matter of not paying dis- The SPEAKER pro tempore. Debate is not in order. Further count charged clerks of the last administration: I desire t.o say we paid being demanded, the Chair will order tellers; and appoints tho gen- them by keeping them hero up to.December and later, paying them tleman from Indiana, Mr. ·wiLLIAMS, and the gentleman from Indiana, for five months when they did not perform any service at all. Mr. HOLMA..."i'. So much for that. As to our action in the administration of this Mr. O'BRIEN. I ask to have the resolution read again. House the record shows that we have reduced the expenditures of The resolution was again read. the employes about this House about 100,000 since we had the Mr. HOLAfAN. I will not interrupt further the public business by pewer. insisting on further count, although I am satisfied that this clerk is Mr. CONGER. Not if the gentleman adds the expense of clerks not required. employed since the number of clerks was aflopted. Mr. CONGER. Since the gentleman from Indiana has called the Mr. RANDALL. Yes, sir; the _force is enormously reduced. attention of the House to the increase of this great army of clerks, I Mr. CONGER. The force has enormously increased since the gen- think we ought to have that question decided. Therefore if tho gen- tleman's committee reported the number that should be employed. tleman fails to havo the coura.ge-- Mr. RANDALL. We have adhered mainly to the number we Mr. HOLMAN. The gentleman is not statino- correctJy what I said. agreed upon, alth01tgh the other end of the Capitol would not. I did not say there was an increase in the number, but that an unnec- Mr. CONGER. The other end of the Capitol did not employ clerks essary numl>or was employed. for our committees. I ask now for the reading of those names. Mr. CONGER. I understood the gentleman to st.ate that there is an The SPEAKER pr• tempore. Prior to putting the question on the enormous increase in the number of clerks employed. seconding the demand for the previous question the Clerk will read Tho SPEAKER pr·o tempore. Debate is out of order. the list . Mr. WHITE. I rise to a point of order. The Clerk read 38 follows: The SPEAKER pro tempore. Tho tellers will take their places. List of entployes of the Hou.se. Mr. HOLMAN. I have withdrawn the call for further count. The SPEAKER pro ternpo1'e. It is renewed by the gentleman from Annual PaytoJuly Michio-an, and the Chair appoints a.s tellers the gentleman from Mich- N'lmes. Capacity. salary. 22, 1876. igan, Air. Co~GER, and the gentleman from Indiana, Mr. WILLlAMS. Mr. CONGER. I do not insist on further count. CLEll'8 OFFICE. So (further count not being called for) the motion to recommit the report was not agreed to. George W. Chapman .•••••......•........••. Folder ... . $1,440 00 t86 09 The SPEAKER pro tempore. The question recurs, Will the House W1lmot Leach ...•.•....••...••••.............••• do... .. 1, 410 00 86 0::1 agree to the report f ~:leL!;!~~~~~~:::::::::::::~:: :::::::::: : :: :a~·- :::: 1, 440 00 86 0::1 '3 60 79 20 Mr'. WHITE. I rise to a point of order. Will it be iu order to move to amend this resolution by transferring a clerk from a com- DOORKEEPER. mittee where he does no work to this committee where he may per- H. T.Burrows .•.....••• ..••••.......•....... . ... do. ... . "3 60 79 20 William W. Lester...... .............. . ..... . .. do. ... . *3 60 79 20 form service for the $4 per diem T S. M. Freeman............................. .. . . do. . . . . ~3 60 79 20 The SPEAKER pro tempore. If the gentleman from Indiana [Mr. fi.ii:~~~~------.-.-.-::::::::::::::::::::: ~: : :::~~: :::· =~ ~~ WILLIAMS] yields to tho gentleman from Kentucky for that purpose, 79 20 79 20 any amendment mn.y be offered. Benoni Shindler . . . • • • . . . . . . . . . . • . • . . . . • • . . .. .. .do. . . . . ~3 60 79 20 William Tucker............................ . Folder... . *3 60 79 20 Mr. WHITE. \Vill the gentleman yield to me for an amen show that the most sult of this resolution the South, after the great devastations of war, deplorable form of government is where the slave governs; and from the great loss of life and treasure, the overthrow of its social and the other to show the evils of a government which is in alien hands. industrial system, was called upon to confront the new and difficult The gentleman represented the South a.s suffering the co~posite evils problem of two races; one jnst released from centuries of slavery, depicted by both these great writers. That I may be sure to do him and the other a cultivated, brave, proQ.d, imperious race, to be brought justice I quote a paragraph from the Associated Press report of his together on terms of equality before the law. New, difficult, delicate, speech: and dangerous questions bristle out from every point of that problem. The inevitable effect of that reconstruction policy had been to draw one race to But tha-t is not all of the situation. On the other band, we see the its support and drive the other race to its opposition. He quoted Gibbon, the hi.s- North, after leaving its 350,000 dead upon the field of battle and tori..'ID, as saying that the most absurd and oppressive system of government which bringing home its 500,000 maimed and wounded to be cared for, could be conceived of is that which subjects the native of a country to the domina- crippled in it.s industries, staggering under the tremendous burden tion of his slave. He also quoted from John Stuart Mill to the effect that when a government is administered by rulers not responsible to the people governed, but of public and private debt, and both North and South weighted with to some other community, it is one of the worst of conceivable governments, and he unparalleled burdens and losses-the whole nation suffering from srud that the hideous system established in the South is a composite of those two that loosening of ·t he bonds of social order which always follows a vicious systems. The people are subjected to the domination of their former slaves, great war and from the reRulting corruption both in the public and and are ruled over by people whose constituents were not the people for whom they should acl!, but the Federal Government the private life of the people. These, :Mr. Chairman, constitute the vast field which we must survey in order to find the path which will Now, I have stated-of course very briefly but I hope with entire soonest lead our beloved conn try to the high way of peace, of li barty, fairness-th~ scope of the very able speech to which we listened. In and prosperity. Peace from the shock of battle; the higb~r peace of a word it is this: the republican party is oppressing the South ; negro our streets, of our homes, of our equa1 rights we must make secure 5180 CONGRESSIONAL RECORD-HOUSE. AUGUST 4, by making the conquering ideas of the war everywhere dominant and each other; when the Roundhead and the Cavalier came near enough permanent. to measure opinions, the irreconcilable character of the two doctrines With all my heart I join with the gentleman in rejoicing that- began to appear. Many conscientious men studied the subject, and The war-drums throb no longer and the battle-flags are furled, came to the belief that slavery was a crime, a sin, or as Wesley said, "the sum of all villainies." This belief dwelt in small minorities for and I look forward with joy and hope to the day when our brave peo- a long time. It lived in the churches and vestries, but later found ple, one in heart, one in their aspirations for freedom and peace, shall its wa,y into the civil and political organizations of the country, and see that the darkness through which we have traveled was a part of finally found its way into this Chamber. A few brave, clear-sighted, that stern but beneficent discipline by which the Great Disposer of far-seeing men announced it here, a Jittle more than a generation ago. events has been leading us on to a higher and nobler national life. A predecessor of mine, Joshua R. Giddings, following the lead of But such a result can be reached only ~y comprehending the whole John Quincy Adams of Massachusetts, almost alone, held up the ban- meaning of the revolution through which we have passed and are still ner on this floor, and, from year to year, comrades came to his side. passing. I say still passing; for I remember that after the battle of Through evil and through good report he pressed the question upon arms comes the battle of history. The cause that triumphs in the the conscience of the nation, and bravely stood in his place in this field does not always triumph in history. And those who carried the House, unt.il his white locks, like the plume of Henry of Navarre, war for union and equal and universal freedom to a victorious issue showed where the battle for freedom raged most fiercely. can never safely relax their vigilance until the ideas for which.they And so the contest continued; the supporters of slavery believing fought have become embodied in the enduring forms of individual and honestly and sincerely that slavery was a divine institution; that it nat1onal life. found its high sanctions in the livin~ oracles of God and in 2 wise Has this been done T Not yet. . political philosophy; that it was justified by the necessities of their I ask the gentleman in all plainness of speech and yet in all kind- situation ; and that slaveholders were missionaries to the dark SOllB ness, is he correct in his statement that the conquered party a.ccept of Africa, to elevate and bless them. We are so far past the pas- the results of the warT Even if they do I remind tho gentleman that sions of that early time that we can now study the progress of the accept is not a very strong word. I go further. I ask him if the dem- struggle as a great and inevitable development, without sharin~ in ocratic party have adopt.ed the results of the warT Is it not asking too the crimination and recrimination that attended it. If both sides much of human nature to expect such unparalleled changes to be not could ha\e seen that it wa{J a contest beyond their control ; if both only accepted, but, in so short a time, adopted by men of strong and parties conld have realized the truth that "unsettled questions have independent opinions f no pity for the repose of nations," much less for the fate of political The antagonisms which gave rise to the war and grew out of it, parties, the bitterness, the sorrow, the tears, and the blood might have were not born in a day, nor can they vanish in a night. been avoided. But we walked in the darkness, our paths obscured by Mr. Chairman, greatideaatravelslowly, and for a time, noiselessly the smoke of the conflict, each following his own convictions throngh as the gods, whose feet were shod with wool. Our war of independ- e~er-increasing. fierceness, until the debate culminated in "the last ence was a war of ideas, of ideaa evolved out of two hundred years argument to which kings resort." of slow and silent growth. When, one hundred years ago, onr fathers This conflict of opinion was no~ Jllerely one of sentimental feelin.~; announced aa self-evident truths the declaration that all men are it involved our whole politieal system; it gave rise to two radically created equal, and the only just power of governments is derived from different theories of t.he nature of our Government: the North be- the consent of the governed, they uttered a doctrine that no nation lieving4J>nd holding that we were a nation, the Sooth insisting that had ever adopted, that not one kingdom on the earth then believed. we were only a confederation of sovereign States, and insisting that Yet to our fathers it wa.s so plain, that they would not debate it. They each State·had the right, at its own be confl.ned within and the other from a Dutch brig at Jamestown, Virginia. One was our present limits; and there are not men enough in all your borders to coerce three the Qld doctrine of Luther, that private judgment, in politics as well million armed men in the South, and prevent their going into the surrounding Ter- ritories. as religion, is the right and duty of every man; and the other that capital should own labor, that the negro had no rights of manhood, In the course of that debato, the same gentleman said: and the white man might justly buy, own, and sell him and his off- I am one of those who have said, and here repeat it, if the bl:wk republican party elect a President I am for dissolving the Union. spring forever. Thus freedom and equality on the one hand, and on the other the slavery of one race and the domination of another, were I have no doubt the gentleman fairly and faithfully represented the two germs planted on this continent. In our vast expan.se of the opinions of his State. Not long before the date of this speech, it wilderness, for a longtime, there was room for both; and their advo- will be remembered that two distinguished members of the republi- cates began the race across the continent, each developin~ the social can party had uttered their opinions on this question. Mr. Lincoln and political institutions of their choice. Both had vast mterests in had said, that it was impossible for a country to remain .Partly slave common; and for a long time, neither was conscious of the fatal an- and partly free. And Mr. Seward bad said, that there wa.s an irre- tagonisms that were developing. pressible conflict between the systems of free and slave labor, which For nearly two centuries there was no serious collision ; but when couJd never cease until one or the other was wholly overthrown. The the continent began to fill up, and the people began to jostle against republican party, however, disclaimed all right or purposo to interfere 1876. CONGRESSIONAL RECORD-HOUSE. with slavery in the States; yet they expressed the hope that tho time That was the plan of reconstruction offered to those who had been would come when there should be no slave under our flag. In response in rebellion, offered by a generous and bmve nation; and I challenge to that particular opinion, the distinguished._...gentleman from .Missis- the world to show an act of equal generosity to a conquered people. sippi, [Mr. LAl\IAR,] then a member of this .t:Louse, on the 23d day of What answer did it meet ! By the ad vice of Andrew Johnson, a bad December, 1859, said this: adviser, backed by the advice of the.nort?ern de~ocracy, a still worse I was upon the floor of the Senate when your great leader, William H. SewardJ adviser, ten of the eleven States lately m rebellion contemptuously announced that startling programme of anti-slavery sentiment and action. • • rejected the plan of reconstruction embra-ced in the fourteenth amend- .And, sir, in his exultation he exclaimed-for I heard him myself-that he hopetl to ment of the Constitution. They would have none of it; they had see the day when there would not be tho foot-print of a single slave upon this con- tinent. And when he uttered this atrocious sentiment, his form seemed to dilate, been invited by their northern allies to stand out, and were told that his :pale, thin face, furrowed by the lines of thou~ht and evil passions, kindled with when the democracy came into power they should be permitted to malignant triumph, and his eye glowed and glart~d upon southern Senators as come back to their places without guarantees or conditions. though the fires of hell were burning in his heart. This brings us to 1868. Had the transformation occurred then T I have read this passage to mark the height to which the antago- For remember, gentlemen, I am searching for the date of the great nism had risen in 1859. And this passage enables us to measure the transformation similar to that which baa taken place in the gen- progress he has since made. tleman from Mississippi. We do not find it in 1868. On the con- I mn.rk it here as one of the notable signs of the time, thn.t the gulf trary, in that year, we find Frank P. Blair, of Missouri, writing these which intervenes between the position then occupied by the gentle- words, which a few days after they were written, gave him the nom- man from Mississippi and the position he occupies to-day, is so deep, ination for the Vice-Pre~idency on the democratic ticket. l!lovast, that it indicates a progress worthy of all praise. I congratu- There is but one way to rest~re government and the Constitution ; and t-hat is lated him and the country that, in so short a time, so great a change for the President-elect to declare all these acts- has been possible. Now I ask the gentleman if he is quite sure, as a matter of fact, And the constitutional amendment with them- that the democratic party·, its southern as well as its norLhern wing, to declare all these acts null and void, compel the .Army to undo its usurpations at have followed his own illustrious and worthy example in the vast the South, and disperse the carpet-bag State governments and allow the white peo· progress he has made since 1859 f He assnres us -t hat the transfor- ple t~ re-organize their own governments and elect Senators and Representatives. mation has been so complete, that the nation can safely trust all the Because he wrote that letter he waa nominated for Vice-President most precious fruits of the war in the hands of that party who stood by the democratic party. Therefore, as late as July, 1868, the -trans- with him in 1859. If that be true, I rejoice at it with all my heart; formation had not occurred. but the gentleman must pardon me if I ask him to assist my waver- Ha-d it occmred in 18i2 f In Hl71 and 1872 all the amendments of ing faith by some evidence, some consoling proofs. When clid the the Constitution had been adopted, against the stubborn I'esistance great transformation take place f Certainly not within two years of the northern and southern democracy. I call you to witness that, after the delivery of the speech I have quoted; for two years from with the exception of three or four democratic Representatives who that time, the contest had risen much higher; it had risen to the point voted for the abolition of slavery, the three great amendments, the of open, terrible, :md determined war. Did the change come during thirteenth, the fourteenth, and the fifteenth, met the deterruined and the warT 0, nQ; :f:u in the four terrible years ending in1865, every united opposition of the democracy of this ootmtry. Each of the resource of courage and power that the Southern States could muster amendments, now so praised by the gentleman, was adopted against was employnd not only to save slavery but to destroy the Union. So the whole weight of your resistance. And two years after the adop- the transfoJ mation had not occurred in 1865. When did it ooctirf Aill tion of the last amendment, in many of your State platforms, they our anxious inquiry, for the nation ought to be sure that the great were declared to be null and void. change has occurred before it can safely trust its destinies to the dem- In 1871 aud 1872 occmred throughout the. South those dreadful ocratic party. Did it occur in the first epoch of 1·econstruction-the scenes enacted by the ku-klux organization, of which I will say only two years immediately following the war f During that period the this, that a mau facile p1·inceps among the democrats of the slave- attempt was made to restore governments in the South on the basis holding States, Reverdy Johnson, who was sent down to defend those of the white vote. :Military control was held generally; but the who were indicted for their crimes, held up his hands in horror at the white population of the Southern States were invited to elect their shocking barba1·ities that had been perpetrated by his clients upon own legislatures and establiRh provisional governments. negro citizens. I refer to the evidence of that eminent man, as a suf- In the laws, covering a period of two and a half years, 1865, 1866, ficient proof of the character of that great conspiracy against the free- and .a portion of 1!:i67, enacted by those Legislatures, we ought to find dom of the colored race. So the transformation had not come in the proof of the transforma.tion if it hn.d then occurred. What do we days of ku-klux of 1871 and 1872. find f What we should naturally expect: that a people, accnstomed Had it come in 1873 and the beginning of 1874! Had it come in to the domination of slavery,re-enacted in almost all of the Southern the State of Mississippi! Had it come in one-quarter of the States States, and notably in the States of Mississippi and Louisiana, laws lately in rebellion T Here is a report from an honorable committee of limiting and restricting the liberty of the colored man; vagrant laws this House, signed by two gentlemen who are still members, Mr. and peonage laws, whereby ne!!Toes were sold at auction for the pay- Co.NGER and Mr. HURLBUT-areport made as late as December,1874, ment of a paltry tax or fine, and held in a slavery a-s real as the slavery in which there is disclosed, by innumerable witnesses, the proof that of other days. I believe that this was true of nearly all of the South- the white-line organization, an armed military organization formed ern States; so that the experiment of allowing the white popula- within the democratic party, had leagued themselves together to pre- tion of the South to adjust that very question proved a.Jrightfnl fail- vent the enjoyment of suffrage and equal rights by the colored men ure ; and then it was that the national Congress intervened. '!'hey of the South. Without detaining the House to read them now, I will ,..-- proposed an act of reconstruction, an act which became a law on the quote 1wo or three paragraphs from that report, dated December 14, ~ of March, 1867. 18i4, and printed House Document No. 265. And what was that act T Gentlemen of the South, you are too THE "WHITE LDi'E." deeply schooled in philosophy to take any umbrage at what I shall now say, for I am dealing only with history. You must know, and This interior organization has not yet assumed definitely in tho State of Missis- certainly do know, that the great body of the nation which had carried sippi such precise form and so distinct an existence as in the State of Louisiana, but is unquestionably an extension into Mississippi of the "white lea~ue" organi- the war to triumph and success, knew that the eleven States that had zation, whose beadquartel's arc in New Orleans. In Warren Conntyitls sometimes opposed the Union, had plunged their people into crime; a crime set called tile "White Line," and by that name is familiarly spoken of by tho leading down in the law-a law signed by President W a.shington-at the very papers of Vicks burgh, as well a-s by some of the p,rominent witnesses before this top of the catalogue of crimes: the crime of treason and all that fol- committee. It is also known as "people's clubs; ' but in all instances the forma- tion of the clubs or civil organization is accompanied by establishing within the lows it. Yon certainly know that, under that law, every man who clubs themselves a military organization. officered, equipped, and armed. voluntarily took up arms against the Union could have been tried, Thus the clubs and the tax-payers' league arc open associations, apparently di- convicted, and hanged, as a traitor to his country. But I call your at- rected towanl objects in which all citizens might lawfully unito, but controlled tention to the fact that the conquering nation said, in this great work of from within by the military and partisan organizations whose purposes are special and unlawful. reconstruction, "We will do nothing for revenge, everything for per- The purposes of these clubs or white-liue companies are these, as they are openly manent pea-ce;" and you know there never was a trial for treason in avowed or secretly cherished : this country during the whole of the struggle nor after it; no man 1. They are first to make a census and enrollment of all the white men in the was executed for treason; no man was tried. There was no expatri- State. 2. To incorporate into the interior military organizations all the whites who will ation, no exile, no confiscation after the war. The only revenge join with them. which the conquering nation gratified was this: In saying to the 3. To set aside, by whatever means may be necessary, the election of colored men South "You may come back to your full place in the Union when you to office, and to nullify in practice the enabling and enforcement acts of Congress, do these thin6S: join with the other States in putting into the Con- granting and enforcing the right of all citizens, without distin'ction of color, to hold· offices, ff properly elected to them. stitution a provision that the national debt shall never be repudiated; 4. To allow none but white men to be elected to office or to hold office. that your rebel war debt shall never be paid; and that all men, with- out regard to race or color, shall stand equal before the law; not in And how was it a bout the same time and even later in other States f suffrage, but iri civil rights; that these great guarantees of liberty and Here is a report upon Louisiana, the report from which the gentle- public faith shall be lifted above the reach of political parties, above man quoted, a report that exhibits. the same condition of affairs, the }t}gisla.tion of States, above the legislation of Congress, and shall be signed by the gentleman who sits in front of me, [Mr. HoAR.] Al- set in the·serene firmament of the Constitution, to shine as lights for- though by a minority of the committee, it is a report of great power ever and forever. And under that equal sky, und~r the light of that and of indubitable truth. I quote from page 18: equal sun, all men, of whatever race or color, shall stand equal before The White-League is an oruanization which exists in New Orleans. and contains the law." at lenst trom twenty-fl.ve hllll'a.red to three thousand members. atmed, <\rilled,-anu 5182 CONGRESSIONAL RECORD-HOUSE. AUGUST 4, officered as a military organization. Organizations bearing the same name extend [From the Forest l!egister.j throughout many part.s of the State. In this connection we will state that the white men who ally themselves with * • * * negroes in thi!! conflict need not expect anv better fate than they; fact is, they will On the 14th of September, 1874, it arose upon and attacked the police of the city, be the first to suffer, if the Caucasian can find ooem at all when trouble comes. the pretext of the attack being the seizure of arms which it had imported. from the North; and having defeated them with considerable slaughter, it took possession In July, 1875, the Raymond Gazette, whose editor is now a member of the State.house, overthrew tho State government, and mstalled a new governor of the Legislature, and which is published only eight miles from in office, and keEt him in power until the United States interfered. This rising Clinton, where the bloody riot of last September occurred, made this was p!anned be o~ehand. * * * * * startling demand : The White-League of New Orleans itself was and is a constantmen.'\00 to there- There are those who think that the leaders of the radical party ha'\"e carried this public;ms of the '!hole State.* • * • * system of fraud and falsehood just far enough in Hinds County, and that the time has come when it should be stopped-peaceably if possible, forcibly if necess:iry. We cannot doubt that the effect of all these things was to prevent a full, free, and A.nd to this end it is proposed that whenever a radical pow. wow is to be held, tho fair election, and to intimidate the colored voters and the white republicans. nearest anti· radical club appoint a committee of ten discreet, intellil):ent, and repu· table citizens, fully identitied with the interests of the neighborhood and well So the transformation had not occurred in August, 1874. I come known as men of veracity, .to attend as representatives of the tax·eayers of the down now to 1875, to the late autumn of that year, and ask if the neighborhood and the county, and true friends of the negroes assembleo, and that transformation had then oecurred. I will not detain the House by whenever the l':tdical speakers proceed to mislead the negroes and open with false- rea-ding the testimony of the cloud of witnesses which gathers around hoods .a nd deceptions and misrepresentations, the committee stop them right then and there, and compel them to tell truth or quit the stand. me, but will print a few specimens of the proof, most of them relating to the recent State election in Mississippi. While I say, to the honor of The Clinton riot was the direct out~rowth of this £1emand. What the gentleman from Mississippi, that in his own State he spoke against followst The same paper, of date July 26, 1876, shows that this the organization of the Whit.e Line, it is unquestionably true that he vicious policy has been renewed in Hinds County, as follows: was not supported by a like action on the part of the great mass of his DEMOCRATIC CEYSORS. political associates. With the permission of the House I will quote The county executive committee of the- democrats and conservatives of Hinds from a number of papers in his State, which Hay with the utmost County held a meetin~ at Raymond the other day, at which1 on motion, it was or· dered that each club m the county appoint a special comm.Ittee whose businesl! it boldness that though Colonel Lil~ spoke against the White Line, shall be to attend llny and every radical meeting held in its vicini~, and that and though the State convention ignored it, yet back of the conven- each of said committees shall report to its own clno and to this executive commit- tion, and back of the gentleman himself, the White Line was formed tee the action, attendance, and general tone ancl temper of said meeting. and carried the election, and intends in the same way to carry the A SYSTEM OF COERCION. next. A. very general system of coercion was adopted throughout the South by dem- The following quotations need no comment : ocratic clubs and associations agreeing not to employ negroes who voted the re· publican ticket, not to lease them lands, nor to furnish them with or allow them to (From the Columbus (Mississippi) Index, August, 1875.] obtain for themselves any means of subsistence. Already do we see signa in our State ·of the good effects of the color line. Prior Tho proofs of this are overwhelming. I read from the Chickasaw to its organization there was no harmony or unity of action among the whites. The MeSHenger a communication from Buena. Vista, MissiSsippi: negroes nad perfected their race in organizations and were able to control the pol- itics of tho Stat~. The whites, after havino- attempted every scheme to secure an BUENA VISTA, MrssiBBIP.PJ, January 1, 1876. intelligent government and a co-Operation of' the negroes in this behalf, wisely gave EDITOR MEssENGER: The following list comprises the freedmen that have been it up and determined to organize themselves as a race and meet the issue that had reported by the members of the Buena Vista democratic conservative club as the presented itself for ten years. one·third ih:tt would be refused to recontract for the year 1876. You are requested Now we recognize the fact that the State is most thoroughly aroused, more har- by the club to publish their D'\mes in the Messenger. monious in its act.ions, and more de~oEn·mined to succeed in the coming election than Respectfully, yours, it has been since tho days of secession. C. A.. M. PULLIMAN, * * * 'If, * Secretary Buena Vista Democratic Oonservative Olub. So the grand r~ult of the color line has been accomplished in organizing the "Fred. Crow, Frank William.'3, D.ary Holliman, John Doss, Wade Pulliam, Calvin white people of tho State and placlng them in a position to control the coming Gladney, Joe Moore, Henry John on, Anderson Will.ia.ms, Ed. Bramlett, John Pul- election. No other policy could have effect~d the result. liam, Ben Valliant, Gav Brand, Wash Chandler, Jake Walker;.. llem-y Woodard, (From the Shubuta Times.] Lawson Pulliam, W. Huddlestone, Martin Pulliam, Ed. Kyle, valvin Gray, John Buchanan, Dan. Ponds, Albert Qonor, Ed. Nathan, .Jim Pulliam, Simon Baskin, Call it what you please. Some call it the color line. It looks to us like the white Bill Pulliam, George Gates, .J. Featherston, Shadi Love, Hilliard Fields. line. It shall be seen who in this emergency can choose to stand with the negroes "We are not familiar with the names of all the leading darkies in Buena Vista, as against the whites. Mark them. but it occurs tons that many of them do not appear upon tho list 11ent to us. We fFrom the Handsborough Democrat.] may not understand aright tile action of the llue'na Vista club, hut out· impre-ssion was that one. third of the laborers were to IJe discharged, and that one. third should We are in favor of the color line as a prinoi ple, a necessity, and a policy. include such turbulent, vicious rascals as ~'red Mcintosh, Prince lluddlestone, and fFrom the Meridian Mercury.] , others who once held W17h camival in that section. Let us have no 'wWppiog tho devil around the stump, friends, but let us carry our pledges both in spirit and Rally on the e.oloi' line, boys, beyond the platform, every man to his color and col- letter." ors and make these negro pretenders to govern this great country to come down, HOUSTOY, January, 1876. else -put 'em down. What do the young men say to the old men's battle·cry ill this political campaign, "Step across the platform, bo~ · :J, and go for 'em I" Pursuant to a call of the president, the club met at the court-house at eleven o'clock a. m., W. S. B:1tes presidincr. fFrom the Forest Register.] On motion of Captain Frank Burkitt, the fullowin~ resolutions were read: The body of the democratic party will carry their colors of the White Line over 1. Tllat we solemnly declare our purpo e to stanu to and abide by our pled~es the State. Some of the auxiliaries in a scout or bushwhacking maneuver may use made during tlle canvass. and that we willllolu in utt-er detestation any man claim· a mild conservative face over the flag, but still it will rost on a white journaL To ing to be a conservative democrat who IJy any equivocation sllal.l in tho loa~t violate the r-adicals we say just superintend your structure; we \Vill raiso our own flag and the S:l.CI"ed prOJuises made by us previous to the electJon, either as a club or as in- colors. dividuals. 2. That at no time and under no circumstances will we et"'ploy those who are re- · The Vickslmrgh Heralinion, all personal ru~pirations, must be settle(l within our own organization, Ex-Governor Benjamin G. Humpries, of Mississippi, mnde a speech and from its decision there must oo no appeal. Otherwise each recurring election at a reunion of the Thirteenth Mi~:~sissi}lpi Confederate Infa.ntry, at produces its disorders. Meridian, on the 22d of November, 1875, in which be said.: (From the Meridian Mercury.] Our correspondent at Running Water Mills makes his points well. His positions We have St£rrendered none of ou.r conmctions and still clai.m the right of vindication. cannot successfully be contradicted. The miserable bunglers who have put the andlookin~ In back at our past aetions and motives, and the wrongs we have suffered are still suffering, we confess that we have no re~ets for the clloice we made negro in the Constitution have certainly written themselves down asses all. When between the "higher. law" license of ml\iorities in the Union and tlle sacred seen· we accept "results of the war" wo do not accept the notion of statesmen, but the rity of self-government in the States, between the Federal and confederate gov. blunders of unreasoning malice and ~tupidity, and of COllnle we oontinne to a()C6pt eruments. We are not conscious of a. solitary dereliction of duty, either as citizens it only so long as we are compelled to. or soldiers, and feel that tmth, reason, and religion exculpate llil from wrong.doing. [From the .Jackson Clarion.J Wo know we were right, and though crushed to earth we should over remember, Appeal after appeal has been made ·in vain to the colored people. No more ap- ancl teach our children to rem em her, our cause was just! We are still proud of the peals will be made to them. cause and glory in the fight we made. [From the Alabama Examiner.] After the election, the Meridian Mercury of November 20, 1875, says: The present contest is rather a .revolution than a political campaign; it is the re· We have to contend with the blunder of the fifteenth amendment while it stands bellion, if you see fit to apply that term. as best we can. Ridiculous appeals to the reason and judgment of the neil'O have . { 1876. CONGRESSIONAL RECORD-HOUSE. 5183 been the cause of incalculable injury in the inflation of his vanity anrl making him and I helped to do it! I would have scorned tho people if they had not dono it! believe he was of real consequence alJ a ~overning clement in tb e body-politic. Now And I will buy them as long ns they put beasts to go to the ballot-box! No man that tho net,'l"O in this State is down and his personal self-conceit well knocked out should be given tho elective franchise who has not tho intelligence to use it prop- of him, it is probably a. fit time for tbe white people to impress upon him that the erly. The rogue should not have it, for government is massing ·and durable as it was, after the removal of the public deposits from the TOWNSEND] and the other from Ohio, (Mr. GARFIELD,] that they op- Bank of the United Stat.es, on the 1st of October, 1833, which brought .down the pose the remonetization of silver for the reason, among others, that prices of stocks from 20 to 50 per cent., and led to the importation of $3,i93,293 iu silver from England alone during the year ending on the :lOtlt of September, 1834, the great supply of American mines has tended to reduce its market produce any convulsion whatever in that country. Such would have continued. to value. Why, sir, the British dominions are the largest gold-produc- be the case had the mint regulations remained without alteration; but no sooner ing sections of the world, and hence the Englishman, true to his in- the was gold, by a change in its relative v .1lue to silver, rendered tho more profitable of terest, true to his government, and ever ready to add to its strength greetwo metals to import than we found the currency of England disturbed to a de- that rendered nooessa1·y an immediate retluction of her paper issues, although and material wealth and to mid to the purchasing power of gold, has the amount of gold drawn from her between the passage of the law in Jun,e, l83.J, demonetized silver and reduced its market value; bot why a.n Amer- and the 30th of September, of the same :-ear, wa~ but $1,9:"!~.960. TQ the iq:JpQrta- ican should join in the crusade against America's production, his further tions of gold in tlie years 1815 and le36, instead of silver, may be ascribed that contraction of the Bl'itish currency which !ell to the crisis of the lattor own country's coin, I cannot understand. It is a high constitutional year that was so fatal to American credits and A~criean cotton, by which millions duty that this Congress owes to the country to provide for the coin- of dollars were lost to the country. age of silver as of its former purity and to make it a legal tender for "Now, as like causes will produce like .effects, it beQoQve& us tQ e~amine well all debts, public and private. This will go fa.r to enhance its pur-. into this matter, and, if we find that we ha>e committed an error, it ill our duty to retrace our steps. Thus far very little pr.ogre.ject continues until the resolution has been read. The Clerk will to the Committee on the Judiciary, and it is not subject to objection. read the report ana the resolution. It is only subject to the question of consideration. Mr. LORD. There is a motion to reconsider pending, which I can Mr. THROCKMORTON. Well, sir, I move t~at the joint resolu- call up as a matter of high privilege. tion be laid on the table. The SPEAKER pro tempore. If a motion has been entered to re- Mr. LAWRENCE. That motion, I believe, is not debatable. I consider the vote "by which the joint resolution was referred, then ask for the yeas and nays upon it. . the gentleman should ask to take up that motion. Mr. STEVENSON. I ask that the resolution, as amended, be read. Mr. LORD. I will put it in that form. The joint resolution, with the proposed amendment, was again read. The ~PEAKER, pro tempore. The gentleman from New York calls Mr. THROCKMORTON. I withdraw the motion to lay on the up at this time the motion to reconsider the vote by which the joint table. resolution which will be read -was referred to the Committee on the Mr. KASSON. Then I a.sk a separate vote on the last amendment. Judiciary. . Mr. HOLMAN. I understand that the amendments are in the form Mr. CONGER. Does the record show that that motion was entered T of a substitute. The SPEAKER, pro ternpore. The Chair accepts the st;ttement of Mr. LORD. This is offered as a substitute. the gentleman from New York. Mr. KASSON. As I understand, this comes up on amotion to recon- Mr. LORD. It was entered by Mr. Blaine in my hearing. sider ; and when the original proposition is before the Honse these The SPEAKER pro tentp01·e. The Clerk will first read the report of are proposed as amendments. the Committee on the Judiciary. Mr. HOLMAN. I desire to ascertain the state of the case. The The Clerk read as follows: motion, as I understand, is simply to reconsider the vote by which The Committee on the Judiciary respectfully report that they have had under this subject was referred to the Judiciary Committee. The previous ~onsideration House resolution No.1, and have amended the same by adding thereto that the article should not vest\ enlarge, or diminish legislative power in the C. Such an act would be null, waste paper; and the courts so Congress whatever. declaring it, no title coulil be given under it. Now, Mr. Speaker, that was the purpose of the distinguished gen- Mr. KASSO~. But no suit against the State can be brought. tJe.JUan from :Maine in drawing this original amendment, as anybody :Mr. LORD. I yield five minutes to the gentleman from Ohio, [Mr. will see by looking at its language. He ilid not intent!, and he could LAWRENCE.] not have int-ended when he oth vote in the :1ffi.rmati ve. Army, as provided for in the fourth section of the act making appro- Mr. CASWELL. My collearrues, Mr. CHARLES G. WILLIAMS and Mr. priations for e support of the Army for the fiscal year ending J nne MAGOON, are both absent on feave; if here they would vote ti ay." 30,1817. Mr. STEVENSON. My colleague, Mr. CAMPBELL, ie absent by E:~~"ROLLED BILL SIG~~D. reason of sickness; if present he wouhl vote" ay." .Mr. HOLMAN. .My colleague, Mr. FULLER, is :1bsent by leave of :Mr. HAMILTON, of Indiana., from the Committee on Euro11ed the House; if present.he would vote" :1y." _ Bills, reported that the committee had examined and found truly en- Mr. HANCOCK. My colleague, Mr. CuLBERSO:-i, is absent from rolled a bill of the following title; when the Speaker signed the same: the Honse on account of sickness; if present he would vote" ay." A bill (H. R. No. 361) to reduce the :1rea of the military reservation 1\Ir•. PIERCE. My colleague, Mr. CRAPO, is absent; if present be of Fort Laramie, Wyoming Territory. would vote "ay." HARO ARCHIPELAGO, WASHINGTON TERRI-:r<>RY. Mr. HEWITT, of New York. My collea~ne, Mr. ODELL, is absent on account of sickness; if present he wouicL vote '' ay." The SPEAKER p1·o tempm·e, by unanimous consent, laid before tne The result of the vote was announced as above recorded. House a letter from the Secretary of War, in relation to House bill Mr. LORD moved to reconsider the voto by which tho joint resolu- No. 3878 for the relief of settlers on San Jnan, Orca-s, and other Isl- tion was passed; and also moved that the motion to reconsider be laid ands in the Haro Archipelago, San Jnan Count.y, Washington Terri- on the table. tory; which was referred to the Committee on Military Affairs. The latter motion was agreed .to. LEAVE OF ABSENCE. Mr. LORD. The gentlem:1n from Maryland, Mr. O'BRIEN, went home this afternoon, under the impression that this joint resolution would By unanimous consent, leave of absence was granted- .. not be voted upon this afternoon. He desired to be heard upon it, so To Mr. BUCKNER indefinitely; be told me, for four or five minutes. I ask unanimous consent that To Mr. PHILIPS, of Missouri, indefinitely; be be granted leave to have printed in the RECORD a five-minute To Mr. DonBL~S for six days; speech on this subject. To Mr. ABnOTT for ten days from An gust 5; Mr. RUSK. Twenty-five, if he wants it. To Mr. MILLIKEN indefinitely from Monday next; No objection was made; and Mr. O'BRIEN was accordingly granted To Mr. DUNNF..LL for two weeks; and leave to print in the RECORD remarks on the proposed constitutional To Mr. LE MOYNE for ten days. amendment. The question being taken on the motion of Mr. WILLARD that the RIVER AND HARBOR BILL. Honse· adjourn, it was agreed to; and accordingly (at five o'clock and and fifty-five minutes p.m.) the House adjourned. Mr. DUNNELL. The Speaker did me the honor this morning to appoint me one of the managers on the part of the House upon the conference on the disagreeing votes of the two Houses upon the PETITIO:NS, ETC. amendments of the Senate to tho bill (H. R. No. 3022)m:1kina appro- The following memorials, petitions, and other papers were pre- priations for the construction, repair, preservation, and compfetion of sented at the Clerk's desk under the rule, and referred as stated: certa,in public works on rh~ers and harbors, and for other purposes. By Mr. GOODL.~: The petition of J. H. Rogers, electrician of the Since then I h:1ve received a telegram which makes it necessary for House of Repre entatives, for the appointment of a special committee me to leave town this evening. I therefore ask to be excused from to examine and report upon the probable cost and efficiency of his service on that conference. plan of taking the vote of the House of Representatives and fo1· call- ~o objection was rna.Ue, and 1\Ir. DUNXELL was excused. ing pages thereof, to the Committee on Puplic Builuings and Grounds. Tile SPEAKER pro tem.pm·e appointed Mr. CosGER in place of Mr. B,v Mr. HUNTON: The petition of James Burk, for a. pension, to DUNNELL. the Committee on Revolutionary Pensions. . Mr. WILLARD. I move' that the House now adjourn. By Mr. LUTTRELL: Resolutions of the Legislature of the State Pending the motion to adjourn, of California, asking that cert:1in lands :1long the Atlantic and Pacific COUNTERFEIT TRArl'E-MARKS. Railroacl reserved by the Commissioner of the General Land Office from sale or settlement be restored to entry and sale, to the Com- Mr. SAMPSON. I desire to call up from the Speaker's table the mittee on Public Lands. bill (S. No. 846) to punish counterfeiting of trade-mark goods and the Also, resolutions of the Legislature of California, asking for legis- sale or dealing in of counterfeit trade-mark goods. This bill has been lation that will cheapen telegraphic facilities for the State of Cali- returned f.rom the Senate, where the amendments of the House have fornia, to the Committee on the Post-Office :1nd Post-Roads. 1876. CONGRESSIONAL RECORD-SENATE. 5193 IN SENATE. Mr. WRIGHT. Then I shall not object. By unanimous consent, the Senate resumed the consideration of the SATURDAY, August 5, 1876. bill (S. No. 1) to provide for and regulate the counting of votes for President and Vice-President, and the 1 decision of questions arising ·Pr-a,yer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. thereon. The Secretary proceeded to read the Journal of yesterday's pro- The ~ill was ordered to be engrossed for a third reading, and was ceecling , and wa:; interrupted by read the third time. Mr. EDMUNDS. · I move to dispense with the further reading of The PRESIDENT pt·o tempore. · The .question is on the passage of the Journal. There is nobody here, and ' there is no use reading it. the bill. The PRESIDENT pro iernpo1'e. Is there objection t The Chair .Mr. EDMUNDS. On that I _ask for the yeas and nays. hears none, anu the further reading will be dispensed with. Mr. THURMAN. The yeas and nays were ordered before, and were Mr. EDMUNDS. I move that the Senate take a reeess for one hour. taken on the passage of the bilL I tlo not believe in two or three people coming here and waitinG:. .Mr. EDMUNDS. I know. Mr. HARVEY. I hope not. 1 think a call of the Senate will be· Mr. THURMAN. If we order the yeas and nays it may give rise better. to debate. The PRESIDENT p1'o tempo1·e. The question is on the motion of 1\lr. EDMUNDS. It need not give rise to any debate, but I do not the Senator from Vermont, that the Senate take a recess for one hour. want t.he biH to· pass without my name a.ppeal'ing voting for or The motion was not agreed to; there being on a eli vision-ayes 3, against it on the record, as it is a bill of great importance, and other- noes 11. wise might appear as if passed by unanimous consent. I t.herefore, .The PRESIDENT pro tempore. There is not· a quorum present. as everybody agreed 'i t ought to be acted upon by yeas and nays be- The Secretary will call the roll of Senators. . fore, ask for the yea-s and nays again; it will not take any time. I The Secretary called the roll, and sixteen Senators answered to do not propose to debate it at all. their names. The yeas and nays were ordered. Mr. HARVEY. I move that the Sergeant-at-Arms be directed to Mr. CHRISTIANCY. I a.sk that the bill be read. request the attendance of absent Senators. The. Chief Clerk proceeded to read the bill. The motion was agreed to. Mr. MERRIMON. Is the Clerk reading the bill as amended f After some delay, twenty more Senators having entered the Cham- The PRESIDENT pro tempore. One amendment was made to it. ber, The Clerk is t·eading it as it stands on its passage as amenued. The PRESIDENT pro tempore (at eleven o'clock and fifteen minutes The Chief Clerk resumed and concluued the reading of the uill, as a.m.) announced that there was a quorum present. follows: REPORTS OF COMMITTEES. That the Senate and House of Representatives shall assemble in the Hall of the Mr. McDONALD, from the Committee on Pensions, to whom was Honse of Representatives, at the hour of one o'clock p.m., on the last Wednesday referred the bill (H. R. No. 2271) to increase the pension of Mrs. in January next succeeding the meeting of the electors of President and Vice- Pre ident of the United States, anrl the President of the Senate shall be their pre- Hannah W. Sumner, widow of lbjor-General Edwin V. Sumner, re- siding officer; two tellers shall be appointed on the part of the Senate and two on ported it without amendment, the committee adopting the report of the part of the House of Repl'68entatives, to whom shall be handed as they are the Honse committee. opened by the President of the Senate the certificates o! the electoral ~otes, which Mr. LOGAN, from the Committee on Military Affairs, to whom was certificates shall be opened, presentetl, and acted upon m the alphabetical order of the States, beginning with the letter A; and said tellers, having read the same in referred a letter of the Secretary of War, communicating the o1i"er of the presence and hearing of th~ two Houses then assembled, sllall make a list of the State of Texas and the International and Great Northern Rail- the votes as they shall appear from the said certificates ; and the votes having wa,y Company to donate to the United States the land upon which oeen counted, the result of the sam o shall be delivered to the President of the Sen- ate, who shall thereupon announce the state of the vote and the names of the per- Fort Elliott is built, submitted a report thereon, a-ccompanied by a sons, if any, elected, which announce'llent shall be deemed a. sufficient de..-la.rntion bill. of t.he persons elected President a.ml Vice-President of the United Stares and, to- The bill (S. No. 1031) to authorize the Secretary of War to accept gether with a Uat of the votes, be entered on the Journals of the two Houses. If a conveyance of the site of Fort Elliott, Texas, was read and pa-ssed upon the reading of any such certifiellrt.e by the tellers any question shall arise in to the second reading. · regard to counting the votes therein certified, the same havin~ been stared by the presidina officer, the Senate shall thereupon withdraw and said question ehall be Mr. LOGAN. I also, from the same committee, to whom was re- submitted to the body for its decision ; and the Speaker of the Honse of R-epre- ferred the bill (H. R. No. 2G53) making appropriations for t.he improve- sentatives shall in like manner submit said question to the House of Represent~ ment and repair of the military road between ~pringfield and Fort of tives for its decision; and no electQral Yote or votes from any State to the counting which ohjections have been made shall be rejected except by the affirmative ,-ote Randall, in the Territory of Dakota, report it without amendment. of the two Houses. When the two Houses have voted, they shall immediately I was instructed uy the committee to refer the bill to the Secretary re-assemble, and the presiding officer shall then announce the decision of the ques- of War for information. Having received the informa"'Jion, which tion submitred. SEC. 2. That if more than one return shall be received by the President of the shows the necessity of the bill, I take t.he responsibility of reporting Senate from a State, purporting to be the certificates of electm..al votes given at it back, that it may go on the Calendar. the last preceding election for President and Vice-President in such State, all such The PRESIDENT pro tempo1'e. The bill will be placed on the Cal- retwns shall be opened by him in the presence of the two llouses when assembled endar. to count the votes; and that return and that only from snch Stare shall be counted !t!ARY A. ALLEN. which the two Houses acting separarely shall decide to be the trne and valid re- turn. Mr. LOGAN. I move that the vote by which ·the bill (H. R. No. S.Ec. 3. That when the two Houses separate to deciile upon an objection tl1at may 1496) granting a pension to Mary A. Allen was indefinitely postponed, have been made to the counting of any electoral vote or votes from any State, each Senator and Representative may speak to such objection or question ten minutt s, the Senator from .Mississippi [.Mr. BRUCE] making the report, be re- and not ofk>ner than once: Provided, That after such debate bas lasted two hours considered, in order that it may be placed on the Calendar. I think it shall be the duty of each House to put the main question without further debate. it is a bill t hat ought to be considered by the Renate. SEc. 4. At such joint meeting of the two Houses, seats shall be provided as fol- · The PRESIDENT p1·o tempo1·e. The Senator from Illinois moves lows: For the President of the Senate, the Speak~r's chair; for the Speaker, im- mediately upon his left; the Senators iif the body of the Hall upon the right of the that the vote indefinitely postponing the bill be reconsidered. presiding officer; for the Representatives, in the body of the Hall not provided for The motion was agreed to. the Senators; for the tellers, Secretary of the Senate, aml Clerk of the House ?f The PRESIDENT pro tempore. The biH will be placed upon the Representatives. at the Clerk's desk; for the other officers of the two Houses, m Calendar with the ad verse report of the committee. front of the Ulerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the electoral Yotes are all counted and there- BILL INTRODUCED. sult declared; and no recess shall be taken unless a question snail llave arisen in regard to counting any such votes, in which case it shall be competent for either l\Ir. BOUTWELL a ked, and by unanimous consent obtained, leave House, acting separately, in the manner hereinbefore provide(l, to direct a recess to introduce a bill (S. No. 1032) authorizing the appointment of a of such House not beyond the next day at the hom· of ten o'clock in the forenoon. commission to consider the expediency of issuing a silver dollar and making the samoa legal tender; which was reaa twice by its title, :M r. CHRISTIANCY.. I wish to be heard one moment in order t.o and ordered to be printed. make an inquiry of the Senator from Ohio. I notice that this bill, which it is proposed to make an act of Congress, provides for t.he COUNTING OF ELECTORAl.. VOTES. length of the time that any Senator or Representative may speak Mr. THURMAN. I ask the unanimous consent of the Senate to when the Senate is acting separately and the House is acting sep- take up the bill reported by the Committee on Privileges and Elec- arately. I wish to know if that is not trenching upon the constitu- tions in regard to counting the electoral votes. I made a motion to tional power of each Honse to make its own rnles to regulate its own reconsider the vote by which tho bill was passed, and I thought that proceedings. my motion was still pending. The other day when it wa.o:~ called up Mr. THURMAN. The joint rule heret(lfore adopted prohibited all I waa told that the reconsideration had been ordered. I now pro- debate, and it seems to have been held good. No question was ever pose that we lake up the bill and act upon it withont any debate, in made in respect of that rule. If we have the right to legislate upon order that it may go to the House of Representatives to see whether this subject, as I think we have-and this whole bill goes upon that an agreement can be arrived at. I therefore ask unanimous consent foundation-then I think we have a. right to regulate the mode of to ·proceed to the consideration of Senate bill No. 1. procedure so that it shall not be defeated, as it otherwise might be, Mr. SARGENT. I suppose it will take but a moment. by the consumption of time in speaking. Mr. WRIGHT. I shall not interpose any objection if my friend Mr. EDMUNDS. Then yon might pass a law a-s to all bills. from Ohio-- Mr. HAMLIN. Let me ask the Senator from Ohio if this is not the Mr. THURMAN. I propose that we just vote upon t he bill at precise condition of things: The Senate makes its own rnle; the once. House make their own rules; when the two bodies are together it is 5194 CONGRESSIONAL REOORD-SEN.ATE. AUGUST 5, neither the House nor the Senate, but a convention. and this will be The PRESIDENT p1·o tempore. Is there objection to the suggestion a convention agTeed npon by both branches. · now made by the Seoator from Rhode Island f The Chair hears none. Mr. EDMUNDS. But the bill refers to their action when they are Mr. MORTON. If that is the understanding, then I ask the Senate eeparate. Your answer would be perfect when they acted together. to take up the resolution I offered several days ago in regard to print- Mr. FRELINGHUYSEN. 'I suppose the object of the vote is to have ing the President's message and accompanying docnment.s aucl which this bill referred to a committee of conference. I would su~gest to I gave notice yesterday I should ask the Senate to consider this morn- the Senator from Ohio whether it would not be a better plan to re- ing. I move now to proceed to the consideration of that resolution. consider the vote upon the third reailing and to make the bill here as The PRESIDENT pro tempore. There i8 ·morning business. The we think it ought to be. Senator from Iowa is on the floor. Mr. THURMAN. I do not object to that. . • Mr. WRIGHT. I rise to call attention to a little bill before the Mr. FRELINGHUYSEN. It seems to me, as I recollect the bill, Senator proceeds with his resolution. there is an omission in it. There is no provision made in case two Mr. MORTON. If the resolution is taken np I will give way. sets of returns come up from the same State. That is left open. There Mr. EDMUNDS. All of Ui have a little bill apiece, and it will take was an amendment to meet that difficulty which I offered myself, -all the time. which I really think is the best one, not because !offered it, but after · Mr. MORTON. .My friend from Vermont suggests that we all have hearing the whole discussion. I had offered another which I with- a little bill. I have one. drew and presented this one~ which was to provide that in that event Mr. EDMUNDS. I have one about those poor sailors in that mon- the quest.ioll'shall be determined by the President of the Senate, the itor that are going to have their bones blown in the midst of the sea Speaker of the Honse, and the Chief Justice of the Supreme Court of that I want to have the Senate act upon speedily. the United States. I am perfectly satisfied in my own mind that we Mr. MORTON. I hope my friend from Iowa will allow me to have cannot meet this exigency better than by adopting that amendment. the resolution taken up. There is, I think, r<'ported to the .Senate a constitutional amendment Mr. WRIGHT. I have no wish to yield, bot if there is no objection covering this case; but that of course does not apply to the present to taking it up I will yield for that purpose. year. I am not the manager of the bill and do not propose to make Mr. THURMAN. I wish to say to the Senator from Indiana that I - any motion, except merely to suggest that we should reconsider the feel bonntl to oppose taking this matter up. It will be debated. third reading and adopt some amendment providing for that omission Mr. MORTON. I propose to submit it to a vote of the Senate. in the present bill. Mr. THURMAN. I have not the least objection to that course; but THE HAMBURGH RIOTS. I suggested that we take the vote on the bill in deference to the opin- The P~ESIDENT pro .tempore. The Senator from Iowa has yielded ion of the Senator from Indiana, [Mr. MoRTON,] the chairman of the to the Senator from Indiana and the Senator from Indiana moves the committee, who reported the bill, and who th8ught it had better go present consideration of the resolution referred to by him. to the House and let the Honse amend it, and then the Senate could Mr. THURMAN. Of course I cannot discuss the merits of this · agree or tlisagree to their amendment, and in cafle of disagreement resolution upon the proposition to take it up, bot I hope the Senate have a committee of conf6rence; but for my own part I am perfectly will not take it up, because it will ~ive rise to a very useless debate, indifferent which course may be taken. I think something ought to in my judgment, a debate .accupymg time which might be better be done, and as time is so short, I am in favor of that course which occupied with the business that is before the Senate and that ou~ht is most likely to effect the passage of an act on this subject. I con- to be attended to in the few davs of this session that are left. I thmk fess that I ·am a little apprehensive of the result if we merely pass that there is some more important business pending before the Sen- t.his bill as it is, with the objection whiclP prevails on all this side of ate and to come before it than prin~ing papers as mere electioneering the Chamber, and which is very weighty with me, which I had great documents. The Senate has befo.r e it now the usual number· of cop- difficulty in overcoming so far as to vote for the bill, that there is no ies of this message; it baa all before it that is necessary for the in- provision made in case of two returns from a SLaLe, which W\lS lhe formation of t.he Senate or to enable it to inaugurate any legislation fatal point in tbe bill, and which was the cause of nearly every vote that may bo proper. There can then be no object wh~tever in order- on this side of the Chamber being cast against it. Should the bill ing ten thousand copies of this message to be printed at the public go in that way to the House of Representa~; v:-s, I am very apprehen- expense but to circulate it. That is the whole of it-not for purposes sive that nothing will be done, and I would be perfectly willing of legislation; for no purpose in the world but-- that t.he vote should be taken on any one of the propositions that Mr. EDMUlfDS. That is debating the merits. · have been made to amend .the bill to supply the deficiency of the bill Mr. THURMAN. I say there is much more important busines8 than in that respect. I will go further and say that if I can get nothing this before t.he Senate, and I hope the Senate will not proceed to con- else I will vote for the amendment, if I understand it correctly, pro- aider this resolution and waste time npon it. posed by the Senator from New Jersey, There may be some doubt as Mr. MORTON. Mr. Presiden~ to whether that is strictly within the spirit of the Constitution; but Mr. EDMUNDS. Let us get up ~the resolution first. I am inclined to think ·that if we have the power to legislate upon Mr. MORTON. If cl can get a vote on it, I will yield. the subject at all we have the power to adopt that amendment, and Mr. SAULSBURY. Before the resolution is taken up I wish to say that is the better impression, although I confess that I am not as as a member of the Committee on Printing that I did not join in rae- clear on it as I should like to be. But rather than let matters stand ommending the adoption of the resolution. I feel it my duty to my- as they are I would vote for that amendment in the hope that the self as a member of the committee to say that it does not come here House might propose eyen someth.i ng bett.er, or if they did not, that with the unanimous consent of the Committee on Printing before this it might result in a conference committee that would agree upon some- body. If the matter is taken up and becomes a subject of discussion thing better. If the Senator from New Jersey sees fit to move to ;re- here, I shall have something to say on the merits of the resolution. consider the third reading of the bill I shall make no objection. Mr. ANTHONY. The Senator was not in, I believe, when there- Mr. FRELINGHUYSEN. I will test the view of the Senate by mak- port was made which was made by me, and I stated that it was not ing that motion. • unanimous ami that I would not call it up in the absence of the Sen- 1 The PR.ESIDENT pro tempore. The Senator from New Jersey moves ator from Delaware who was opposed to it. . . . ~o reconsider the vote by which the bill was ordered to be engrossed The PRESIDENT ~n·o tempore. The quest.wn .1s on the motiOn of for a third readina. • the Senator from Ind1ana to take up the resolutwn. · The motion wU: agreed to. Mr. THURMAN called for the yeas and nays; and they were or- The PRESIDENT wo tempore. The bill is now open to amendment. dered. . · Mr. FRELINGHUYSEN. I wonlclsnggest to the Senator from Ohio The Secretary proceeded to call the roll. that the bill be pa-ssed over for the present and taken up after I can Mr. :MERRI.MON, (after having first voted in the negative.) I am prepare the amendment. ' paired w~th the Sen~tor from A;kansas [Mr. ~LAYTON] upon politi- Mr. THURMAN. I have no objection to that. cal que&~lOns. I I?e~teve my ;friend from Indmna [Mr. M:o~TON] r~- Mr. ANTHONY. I hope it will be with the general understanding gards th1s as a pohtiCa~ questi~n and I must observe my pau on th~ that when the amendment is prepared the bill shall be taken up. vote. I therefore desire to Withdraw my vote and to state that if Mr. THUR~IAN. I hope so. the Senator from Arkansas were here he would vote "yea" and I The PRESIDENT pro tempore. Is theta objection f The Chair hears should vote "nay." none. · The PRESIDENT pro tempore. The Senator's vote will be with- ~fr. EDMUNDS. That general understanding must take its chances drawn if there be n~ objection. The Chair hears none. With everything else. The roll-call havrng been concluded, the result was announced-• . Mr. ~OWE. It is to be taken up at some time when nothing else yeas 30, nays 15; ~s follows: 18 pendmg, I suppose. YEAS-Mess.rs. ~on ~n~hony, Booth, Boutw~ll. Cameron of Pennsylv~ The PRESIDENT pro tempm·e. The Senator from Rhode Island Cameron of ~1sconsm, 9h1'18tiancy, C~mover,. Cragm, Edmunds, Ferry, Fre_ling. k d · t th t 't b t k . h hnysen. Hamilton, Hamlin, Harvey, Hitchcock, Howe, Ingalls, Logan, McMillan as e unammons COJtsen a 1 e a en up as soon as t e amend- Mitchell Morrill Morton PattersOn Sargent, Spencer Wadleigh, West Windom' meut was prepared. The Chair heard no objection to that suggestion, and Wri;,.ht-30. ' ' ' ' ' ' and so stated. . · NAY~Messrs.Cockrell,Cooper, Dennis, Eaton, .Tones of Florida, Kelly, Kernan 1\fr. EDMUNDS. I object, not that I shall make the slightest op- Key, McCreery, Norwood, Ransom, Saulsbury, Thurman, Wallace, and Withers~ position, but in ~he present stage of the sessio? we cannot foresee 15 .AB~ENT-~essrs. Alcorn, Barnum, Bayard Bogy, Bruce, Burnside, Clayton, what at any partrcular moment may be the pemlmg urgency. Conklin" DaVIS, Dawes~ Dorsey, Goldthwaite, Gordon, Johnston, J-ones of Nevada Mr. ANTHONY. Then let the bill be laid aside informally subject McDona1d, Maxey, Merriman, O~~:lesby, Paddock, Randolph, Robertson, Sharon; to be called up at any time. ' She:rman, Stevenson, and Whyte-26. Mr. MORTON. Is that the understanding of th~enate T So the motio1! was agreed to. 1876. CONGRESSIONAL RECORD-SENATE. 5195 PARTITION OF REAL ESTATE. every good man in the country deplores. There is no necessity of Mr. WRIGHT. I have a little bill that I do not think will take bringing it to the attention of the people of this country in any o~­ lm1g. lt is :1 Honse bill, and it is important that the amendment traordinary manner in order to secure their condemnation of any such should be agreed to and sent back to the House. t.rausaction, if, as I say, the transaction is what it has been reportecl Mr. Mc~HLLAN. I ask leave to make a report. to be, about which I know nothing, a.s I have already said, having l\1r. MORTON. There are but a few minutes of the morning hour seen no authentic account of that tra-nsaction. left and I see a number of Senators rising. I must ask for the dispo- But, Mr. Presi( ent, here is a most extraordinary state of things. sition of this resolution. I should like to accommodate my ftiends Whenever any violence takes place in one section of this Union there. as a matter of course, but 1 want this resolution disposed of. · are Senators on this floor always ready to print large numbers of Mr. WRIGHT. I do not understand the request of the Senator copies of accounts of that traDBaction at the public expense just be- from Indiana. · · fore an election, while murders may go on again, again, and again, Mr. MORTON. I would say to my friend from Iowa that while I until the very neighborhood is red with blood fn other sections of the should like to accommodate him and the Senator from Minnesota Union, and not one word is said about them or any prop,·sition made and others who have business, there are but a few minutes left and to print any account of them. The reason of this is very apparent I hope we shall have t.his resolut,ion disposed of in the morning hour. indeed. You cu.u have murders in Pennsylvania; you can have Molly- If I yield to one I must yield to all. Maguire·s in Pennsylvania slaughtering people; yon can have vio- Mr. WRIGHT. My friend cannot object to me. I had the floor lence in Indiana; you can have people hung up by the neck there and yiel.te, Mr. GORDON. I believe they arm themselves at their own ex- and I hope it will not be shoved off by any bill to provide for a sink- pense. ing fund for the Pacific Railroad or for any other purpose. Mr. PATTERSON. They arm and uniform themselves at their own Mr. THURMAN. Mr. President, the purpf)se of this resolution is expense. admitted. It is merely to print at the public e.xpense an account of Mr. THURMAN. How can that take place without the sanction a very deplorable transaction that took place iu South Caroliuaya of law f If that is an illegal organization-- . transaction which, if it has been correctly stated, (and how that is I Mr. PATTERSON. I will state to the Senator ·that they were or- do not know, for I have seen no authentic account of it,) is one that ganized under the incorporation law and cail their captains presidents. 5J96 CONGRESSIONAL RECORD-SENATE. AUGUST. 5, Mr. THURMAN. Very well; then let your republican Legislature from Vermont [Mr. EDMUNDS] now moves to postpone all prior or- repeal the law. That is all you have to do if these white companies ders for tbe purpose of considerjng the consideration of the resolu- are illegal. If they are formed for any unlawful or treasonable pur- tion presentP.d by the Senator from Indiana, [Mr. MORTON.] pose, if they do not- Mr. THURMAN. I thought the motion was to lay on the table. Mr. PATTERSON. If we did that we should repeal all the incor- Mr. EDMUNDS. My motion is to lay the regular order on the poration acts of the State and have no corporations. · table, so that we can take it up again presently. A postp.o nement .Mr. THURMAN. Then upon my word I should very likely think would be until to-morrow. that was about the caliber of the Legislature of South Carolina, that Mr. THURMAN. On that motion I call for the yeas and nays. it cannot prohibit an illegal armed organization without repealing all The yeas and nays were ordered. the incorporation acts of the State. That is just about the caliber of Mr. MERRIMON. I take it that this vote involves political con- the South Carolina Legislature of late years. sidetations; and therefore I shall observe my pair with the Senator Mr. GORDON. I should like to ~k the Senator from South Caro- from Arkansa-s, [Mr. CLAYTON.] If he were here he would vote" yea," lina at that point, with the permission of the Senator from Ohio, and I should vote" nay." whether the law to which he refers does not malre it a penitentiary 'fh~ question being taken by yea-s and nays, resulted-yeas 32, nays offense for any companies to organize except in accordance with law; 18 ; as follows : and if that be true, if these gentlemen are organized in violation of YEAS-Messrs. Allison, Anthony, Booth, Boutwell, Bruce, Cameron of Pennsyl- law, why is it that the courts of that Sbate have not put them all in vania., Cameron of Wisco~ain, Christianc:v, Conover, Cragin, Dawes, Edmunds, the penitentiary long ago T Ferry, Frelingbuysen,Hamilton, Harvey, IDtchcock, How(\, Ingalls, Logan, McMil· Mr. PATTERSON. I do not think there is any such law as that. I Ian, Mitcl1ell, Morrill, Morton. Paddock, Patterson, Sargent, Spencer, Wadlei~h, Weat, Windom, and Wrightr-32. never heard of it. NAYS-MeSBrs. Bayard, Cockrell, Cooper, Dennis, Eaton, Gordon, Jones of Flor· Mr. GORDON. I think the Senator is not informed-- ida, Kelly, Kernan, Key, McCreery, Maxey, Norwood, Ransom, Saulsbury, Thurman, Mr. PATTERSON. The question has been discussed in the papers. Wallace, and Withers-lB. . ABSENT-Messrs . .Alcorn, Barnum, Bogy, Burnside, Clayton, Conkling, Davis, They claim the right to organize under the incorporation act. Dorsey, Goldthwaite, Hamlin. Johnston, Jones of Nevada, McDonald, Kerrimon, .Mr. THURMAN. The organizations to whlch the Senator from Oglesby, Randolph, Robertson, Sharon, Sherman, Stevenson, and Wbyt&-21. South Carolina refers are lawful organizations o:r they are unlawful. So the motion was agreed to. If they are unlawful they are subject to punishment. If they are lli. EDMUNDS. I move to take up the resolution of my friend lawful who can object to them t from Indiana. Mr. PATTERSON. I did not say they were unlawful. I say they Mr. THURMAN. I call for the yeas and nays. exist. The yeas and nays were ordered. Mr. THURMAN. Certainly; and would the Senator disarm all the Mr. THURMAN. I move to amend the motion by substituting the white men in South Carolina 7 I am sure he would not. But we are bill reported by the Committee on the Judiciary relating to the Pa- getting away from t.he point. I want to know who is authorized to cific Railroad. say that South Caroloina will not enforce her laws just as much as Mi. EDMUNDS. That is not in order. Pennsylvania will enforce hers f The Senator from Sot~th Carolina The PRESIDENT pro tempo-re. The amendment is not in order. says they have indicted these men. The motion is to take up a specific resolution. When it is up the Mr. PATTERSON. If the Senator will allow me I will correct him Senator can move to substitute another bill. . there. The authorities of South Carolina are going ahead aud trying .Mr. THURMAN. Very well. to enforce the law. The coroner has had an inquest, and there has Mr. MITCHELL. Some two weeks ago I was paired wit.h the Sen- been a return made. The State authorities are going to try to punish ator from Alabama, [Mr. GoLDTHWAITE,] and the fact slipped my these parties. I do not know whether they will succeed or not. mind on the la.<~t vote. I desire to make that statement now. If he They have never succeeded in punishing anybodyfor killing negroes were here I should vote "yea," and he would vote "nay." down there yet. · Mr. :MERRIMON. On t.his vote I shall observe my pair with the Mr. THURMAN. Now! Mr. President, we have the acknowledg- Senator from Arkansas, [Mr. CLAYTON.] If he were here he would ment that the authorities of South Ca.r olina are proceeding to punish vote "yea.," and I should vote "nn,y." . these men, or trying to do it. What can any authorities do except The question being taken by yeas and nays, resulted-yeas 32, nays to try to do it until they actually get a conviction f But here is a fact 18 ; as follows : that I call your attention to, that the executive, the Legislature, the YEAS-Messrs. Allison, Anthony, Booth, B~,>utwell, Bruce, Cameron of P enn- courts, the attorney-general, the prosecuting attorneys, tne sheriffs, sylvania, Cameron ot Wisconsin, Christiancv, Conover, Cragin, Dawel!l Edmunds in South Carolina a.re all republican, and if they do ·not execute the Ferry, Frelingbuysen, Hamilton, Harvoy, IDtchcock, Howe, Ingalls, Logan, Mc- law in that State it is their own fault. But what are you to do Millan, Morrill, Morton, Paddock, Patterson, Sargent, Sherm.a.n, Spencer, Wad- aboutitf leigh, West, Windom, and Wright-32. Mr. PATTERSON. I wish the Senator from Ohio to go a little da,NAYS-Messrs. Bayard, Cockrell, Cooper, Dennis, Eaton, Gordon, Jones of Flori· Kelly, Kernan, Key, McCreery, Maxey, Norwood, Ransom, Saulsbury, Thur- further and just say that the juries are not all republicaue. man, Wallace, and Withers-lB. . Mr. THURMAN. Yes, sir; and when any man says to me that be- ABSENT-Messrs. Alcorn, Barnum, Bogy, Burnside, Clayton, Conkling, Davis, cause a juror is not a republican be will not render an honest verdict, Dorsey, Goldthwaite, Hamlin, Johnston, Jones of Nevada, McDonald, Merrimon, I say he libels his State. I say there is not a State in this Union upon Mitchell, Oglesby, Randolph, Robertson, Sharon, Stevenson, and Whyte-21. which any such libel ought to be cast. If that is the state of society So the motion was agreed to. in South Carolina, that men will not render judgments because of The PRESIDENT pro tempore. The resolution is before the Senate. their political differences, there is anarchy there. :Mr. THURMAN. Mr. President- Mr. PATTERSON. Mr. President, if the Senator will allow me, Mr. INGALLS. I ask the Senator from Ohio to yield to me to make I will say in answer to that, that men have been tried in Sooth a report from a committee of conference. Carolina for political murders, and they have not been convicted in Mr. THURMAN. Certainly. any case. Never has a man in Sooth Carolina been convic~d for a political murder, because of the failure of the juries to agree. OSAGE CEDED LANDS. Mr. THURMAN. The presumption might be that there was no ca-se Mr. INGALLS suhmitted the following report: for conviction. The committee of conference upon the ' CLERK. The twelfth amendment was to add the fol- Mr. INGALLS. That expression is used. lowing section to the bill: Mr. THURMAN. It struck me the other day when the treaty was SEC. -. This set shall not take effect until said tribes of Indiana shall file their read that that expression was used, and I should like to understand assent thereto with the Secretary of the Interior. whether that does or does not bina us to offer the land at public sale, for other public lands are offered at-public sale. If the treaty requires Mr. HOWE. I wish that might lie on th~ table and 'have the bill these lands to be sold as other public lands are sold, it would seem to printed as it will read if the report . of the conference committee be require that they should first be offered at public sale. I have not agreed to. Is there any objection to that 'J . looked into the treaty and do not know. Mr. INGALLS. There is objection to that. Mr. HOWE. It is some time since I saw the language of the treaty; Mr. HOWE. _What is the objection, if I may be so. bold as to but, from the language of the treaty when I read it, I came to the askf conclusion that the United ~tates assumed the obligation of dispos- Mr. INGALLS. Because it procrastinates action on the bill, which ing of these lands at a fair price, in a fair market, and turning them at this stage of the session is objectionable in my mind. into money, and dedicated that money to a specific use; and now this Mr. HOWE. That is a slight objection; but the question must be bill, as I understand, in utter disregard of that provision, proposes taken on t.he report of the conference committee, and I think the to sell the lands at an even sum of $1.25 an acre, and to do that on Senator ought to allow us to read the bill before we vote. time. I thought it was a very remarkabl thing that this Senate ob- Mr. INGALLS. I should be very glad to expla.in to the Senator jectoo so strenuously to allowingthese settlers, all hands of them, to the effect of the report of the committee of conference if ~tis in any pay $1.40 and allow the fifteen cents to be disposed of in another-way; way a matter of doubt in his mind. I should be very much gratified but when the Senate refused to allow them to pay $1.40 because the if the report could be acted on this morning and the announcement fifteen cents was to go to somebody else, they struck out the $1.40 and mad~ to the House, from which the bill emanated. put in $1.25, declaring that we were absolutely unreoonciled to tak- Mr. HOWE. I do not see the Senator from Vermont [Mr. EDMUNDS] ing from the settlers any more than $1.25 an acre unless we could have in his place. the privilege of putting fifteen cents an acre into the hands of some Mr. INGALLS. The Senator from Vermont is immediately behind attorneys. the Senator from Wisconsin: Mr. CONKLING. I understand the provision making the assess- The PRESIDENT pro tmnpore. Does the Senator from Wisconsin -ment of fifteen cents an acre has been stricken from the bill, as the object to the present consideration of the report f Senate struck it out. Mr. HOWE. I will object to the present consideration of the re- Mr. INGALLS. That is the case. port, I think. I)hould really like to have the report printed with Mr. CONKLING. May I inquire whether any other provision on the bill as amended. I ask to have the report lie over for to-day. that subject baa been included f The PRESIDENT pt·o tempom The Senator from Wisconsin objects Mr. INGALLS. None. • to the present consideration of the report. It will lie over one day. Mr. CONKLING. Nothing equivalent to that, and nothing which Mr. EDMUNDS. Then let it be printed. makes an assessment f Mr. INGALLS. Is that the rule t Mr. INGALLS. Nothing equivalent; nothing which makes any The PRESIDENT p1·o tempm·e. It is. assessment whatever npon the land. Mr. CAMERON, .of Pennsylvania. Before the vote is taken I wish Mr. CONKLING. Has the Senator .the language of the treaty be- to ask the Senator from Kansas a question. He said something about fore him f fifteen centa an acre on land for legal fees. How is that disposed off Mr. INGALLS. I am familiar with it. Mr. 1NGALLS. That is stricken out entirely. _ Mr. KERN Al~. If my colleague will yield to me I will read the Ian- Mr. CAMERON, of Pennsylvania. I feel a lit.tle interest in that. guage of the treaty, and as I united in this report I desire to say one One of my gc~d friends, I understand, is to get $40,000 to $SO,OOO out word. The language of the treaty.is as to this land in the first article: of that, my friend Judge Black. Mr. HOWE. What will be the price of the land if the bill passes Interior, Said lands shall be surveyed and sold, under the direction of the Secretary of the on the most advantageous terms, for cash, as public landa are surveyed as agreed to by the committee' • and sold under existing laws. Mr. INGALLS. One dollar and twenty-five ·cents an acre. Mr. HOWE. And there is no provision for the payment of -conn- Mr. THURMAN. What is the date of that treaty f self Mr. KERNAN. September 29,1!365. Mr. INGALLS. None whatever. Mr. INGALLS. It was proclaimed in 1867. Mr. HOWE. No provision for taking the opinion of the Indians' Mr. KERNAN. Very likely; I take the date from the heacling. Mr. INGALLS. None. Mr. FRELINGHUYSEN. I ask whether the treaty makes provis- Mr. HOWE. And the bill still allows parties not on the lands to ion as to what shall be done with the money. settle upon them hereafter and purchase at the same price t Mr. KERNAN. It does; I will tead it: Mr. INGALLS. 'fhe land is entirely occupied. There is not a :But no :pre-emption claim or home.~tead settlement shall be recognized; and after quarter section of land that has not either an occupant or a claimant. re·imburama the United States the cost of said survey and sale, and the said sum of $;300,000 p'laced to the credit of said Indians, the remaining proceeds of sales shall Mr. HOWE. As the bill was before the Senate, there waa a pro- be placed in the Treasury of the United States to the credit of the "civilization vision in it which allows entries to be made hereafter at 1.25 an fund," to be used under the direction of the Secretary of the Interior, for the edu- acre. Is that provision still in ·itt ncation and civilization of Indian tribes residin~ within the limits of the United Mr. INGALLS. The provision that the Senator refers to, I think, States. was in reference to entries herea.fter made or to be made. There was It will be borne in mind by the Senate that first the United States a provision for the purpose of declaring the time within which such issued·a pa.tent for these lands to a railroad company. Snbseqnently entries should be made. I will state to the Senator that that is en- and in 1869 there waa a joint resolution passed by Congress author- tirely ineffectual, from the fact that there are claimants already upon izing entries by settlers on these lands; and it has been decided that every quarter section of the land. the title remainecl in the United States, and that t.hat patent was Mr. HOWE. I will withdraw my objection to the present consid- not valid conveying them to the railroad compa.ny. Large numbers eration of the report. I think I know all about it -that I should know of settlers acting nnder this resolution of Congress on the one side, after the report was printed and the bill was printed. I will only and acting under this patent of the lands to the railroad company on ask the yeas and nays on agreeing to the report of the committee, the other, had in good faith entered on these lands, contracted or and will say just two words as an explanation of my vote. paid for them, and made improvements. Now it is said we should The objectio~s that I have to voting for this report are that I un- not confirm their title without having also the assent of the Indian derstand the effect of it will be first to sell to a given number of in- tribe, for the reason that we are bonnd .to sell these lands for the best dividuals lands at $1.25 an acre which in fact are wort.h from $10 to price we could, as other public lands have been sold. Therefore it $~0 an acre. The other objection I have is that I 1mderstand it to be will be observed that if we do not confirm these titles we ought cer- in direct contravention of a treaty of the United States which obliges tainly make some compensation to these settlers, as it seems to me. you, if you can be obliged by treaty-upon which point I express no We catmot say to them "Although you have gone on and bought. from opinion-to sell these lands in a fair market at a fair cash price. us and bought from our grantee, in form at leaat, we will now turn There is another provision in it that is less objectionable, and that is you out and the land shall not be sold unless the Indians consent or that you propose to sell on time. unless we sell them at public auction for ca-sh as an ordinary trustee Jtlr. SAULSBURY. I suggest to the Senator from Wisconsin that would." In my judgment the Indians have never understood that we bad better have tho bill, as· amended by the conference report, these lands were to be disposed of differently from other 1ands. The printed. price has uniformly been, I believe, $1.25 an acre. The Government Mr. HOWE. I wanted that do~e, but the Senator from Kansas has been allowing these lands to be entered at $1.25 an ~ere. We in- 5198 CONGRESSIONAL RECORD-SENATE. .AUGUST . 5, ) qui.red from those living in Kansas who know all about it whether tore of a privileged report. The Senator from Ohio yielded to me : this Indian tribe bad ever made the slightest objection to the mode for that purpose, and by unanimous consent the report was received. in which the Government has been disposing of these lands for years It certainly would be a very strange proceeding at this time, after or allowing entries to be made for years. We were informed by a the debate bas gone on, for an objection to be made. gentleman who is familiar with it, who bas been a judge in that The PRESIDENT pro te-mpore. The Senator from Ohio moved to State, that there has never been a suggestion made that the Govern- postpone the resolution for some purpose, and that question was pend- ment wa-s not dealing with the Indians fairly in regard to these lands. ing, at which time he yielded to the Senator from Kansas for the pur- Therefore I assented to the report that we should not now refuse to pose of making the report. The Senator from Kansas took the floor confirm these titles or relieye these settlers unless the Indian tribe by the Senator from Ohio yielding on the motion to postpone, and file an assent, because I cou1d readily see that persons from any mo- therefore is entitled to the floor. tive might now say to them ''Do not you a~nt; although you have Mr. INGALLS. I think the Chair is mistaken. My recollection is sat by and seen the Government doing this and have been entirely that the regular order was postponed, being the post-route bill, and conten~ apparently, do not assent now; let all these settlers be in thereafter by a vote of yeas and nays the resolution of the Senator great distress and yon may exact something more from the Govern- iTom Indiana was taken up, upon which the Senator from Ohio had ment.'' Tb,uefore I do not think the law unjust to the Indians. I the floor. think the treaty bas been carried out, as they understood it, by sell- The PRESIDENT p1·o tem.po·re. The Senator from Ohio moved to ing the lands in the ordinary way, at the ordinary Government price. ·postpone for the purpose of taking up another measure. The Chair Mr. CONKLING. Will my colleague allow me-- ruled he could not move to substitute tmtil the resolution was post- Mr. KERNAN. Allow me to sayoneothertbingfirst,and then I will poned. Tlten the motion wa-s to postpone, on which he yielded to the yield. Moreover, it seems to me uncler existing circumstances, after Senator from Kansas, and the Senator from Kansas holds the floor at what the Government bas done, having allowed men to enter upon the instance of the Senator from Ohio, and is entitled to the'"lloor. these lands, buy them, and become grantees under patents from the Mr. THURMAN. I think we ought to get through with this Osage Government on onH side, and allowed others to go there and enter bill; aml in order to afl'ord an opportunity to do that I move to lay upon thein and contract and purchase and pay for them under the the resolution of the Senator from Indiana on the table. joint resolution of Cong ss on the other, that if we have wronged Mr. MERRlMON. It is not up yet. the Indians we must protect the settlers who make improveme~ts Mr. THURMAN. Yes, the resolution of the Senator from Indiana and let the Indians make their claims, and then we can deal justly was taken up. · with them. Now.! will yield to my colleague. Tlle PRESIDENT pro te:rnpore. It was taken up, and then the Senator Mr. CONKLING. My colleague has made a very clear statement, from Ohio yielded to the SenatOr from Kansas for the purpose of very clea.r to me except that be passed over the resolution of 186U makinl! a report. without stating with any fuUness what that was. I ask the Senator Mr. THURMAN. For the purpose of continuing the Osage busi- to state that, and to state it in this view : How did that resolution ness, I move to lay the resolution of the Senator from Indiana on the coincide or conflict with the treaty f taiJle. Mr. KERNAN. I am sorry to say I cannot state it. It W::I.S di~:~­ Mr. EDMUNDS. What bas become of the report f cussed and talked about for the pnrp2se of authorizing them to The PRESIDENT pro tempore. Tlle Senator from Ohio yielded to enter, but the Senator from Kansa-s [Mr. L.~GALLS] doubtless can the Senator from Kansas to make his report. give the infor!Dation. Thtrefore the hill comes back to the Senate Mr. THURMAN. I did, and in order that we may get through precisely as the Senate passed it, I believe, with the exception of with it I move to lay the resolution of the Senator from Indiana on striking out the section requiring this assent. We have struck out the table. .all about authorizing the paym~nt of counsel fees and left that be- Mr. EDMUNDS. What has become of the report f What is the tween those who employee! them and themselves. pending question f Mr. DAWES. I desire to make an inquiry of the Senator from The PRESIDENT p1·o tempO"re. The Senator from Ohio having Kansas in explanation of a remark be made a moment ago. In re- yielded to the Senator from Kansas, the report is before the Senate. ply to the Senator from Wisconsin the Senator from Kansas said 1\fr. INGAIJLS. The report of the coDllllittee of conference is be- that there wa-s not a quarter section of this land which hacl not an fore the Senate by unanimous consent. occupant or claimant. What does the· senator mean by " claimant f" The PRESIDENT pro tempore. It is before the Senate by consent Mr. INGALLS. I mean, of course, that there are a great many per- of the Senator from Ohio. · sons who purchased from the railroad companies when they, under Mr. MORTON. And must either be adopted, or rejected, or laid on the decision of the Secretary of the Interior, held patents for the the table Y lands, and that in some cases where persons purchased from the rail- The PRESIDENT pro tempm·e. So the Chair rules. road companies they may be actual occupants. Mr. MORTON. I desire to inquire whether the Senator from Ohio l Mr. D.A:WES. But I ask in reference to the word "claimant." having the floor on a motion can yield it to another Senator upon an Does it apply to those w bo claim title to large tracts of land under entirely difterent matter and a general debate go on upon the other the railroads, which title is to be confirmed at a dollar and a quarter subje~t in entire displa-cement of the matter before the Senate t That an ac•f is practically what is undertaken here. Mr. INGALLS. Those parties are limited to one hundred and sixty Mr. THURMAN. The Senator from Indiana is entirelv mistaken. acres of land. No person is authorized under the terms of the bill to I did not bring u_p the conference report. The Senate by~ unanimous secure more than one hundred and sixty acres of this land. consent a.greed to take it up. Mr. DAWES. How many of the one-hundred-and-sixty-acre tracts Mr. MORTON. I understand; but the Senator from Ohio had the are there to which the Senator applies the word "claimant" in con- floor-so the Chair decides-and yielded it to the Senator from Kan- , 4 tradistinction from "occupant." sas to make this report. Mr. INGALLS. I do not know. The PRESIDENT pro tempore. And by unanimous consent the Mr. DAWES. Has the Senator any estimate f Senate proceeded to consider the report. Mr. INGALLS. No estimate at all. . Mr. EDMlTh"'DS. Was the report taken up subject to a call for the Mr. DA\VES. For aught the Senator knows, half of this iand may rel!ular order f be held under the term "claimant" as contradistinguished from" oc- The PRESIDENT pro tempore. No . one objected. ' If the Senator cupant." . from Indiana or any other Senator bad objected the Senator fr4>m Mr. INGALLS. The word "claimant" is not mentioned in the Ohio could not have yielded for that purpose; but as no Senator ob- ~~ - . . jected, by unanimous consent tpe report was before the Senate; and Mr. DAWES. That was the remark tke Senator made. He distin- the Chair could not rule otherwise. guished between one class of people, beneficiaries under this hill, and Mr. EDMUNDS. Is it now before the Senate! another by terming one" occupants" and the other" claimants." The PRESIDENT pro tempore. The report of the committee of M'r. INGALLS. The bill limits the amount of land that may be conference is befQfe the Senate for concurrence. secured by any person to one hundred and sixty acres, and requires Mr. EDMUNDS. Is the resolution of the Senator from Indiana actual occupancy as a condition-precedent to the purchase. now subject to a call as the regular order, into which this report is Mr. EDMUNDS. How long an occupancy f interpolated f Mr. INGALLS. Occupancy at the time when the entry is made. The PRESIDENT pro U!n1pore. Not now. :Mr. EDMIDfDS. But not afterward. Mr. EDMUNDS. What has become of the resolution f Mr. MORTON. I supposed tbat this report would take but a mo- · The PRESIDENT pro tempo're. It was pending, and by unanimous ment or two when it was called up, yet I see the beginning of a long consent was laitl aside temporarily. debate. If there is to be any further debate I must call for the regn- Mr. EDMUNDS. If laid aside temporarily, then the Senator from 1ar order, being the resolution in relation to printing extra copies of Indiana according to the usage has a :G.ight to call for it; but if it was the President's message. · laid aside aU.ogether then it bas gone back on the Calendar, and we Mr. INGALLS. I believe I have been occupying the floor with the have to take it up again f • consent of the Senator from Ohio, [Mr. THURl\:IAN,] who was entitled Tlle PRESIDENT pro tempm·e. That bas been the practice of the / to the floor and by unanimous consent yielded to me. Senate. Mr. MORTON. He cannot farm out the floor, I take it. Mr. THURMAN. This is exactly the state of the c::I.Se: The res- Mr. INGALLS. I do not understand that be is farming the floor olution of the Senator from Indiana having been taken up anc.l I he- out. He took the floor and I asked permission to make a report from in~ entHled to the floor rose to speak. The Senator from Kansas a committee of conference which, I understand, is always in the na- asked me if I would yield to him to make a conference report. I 1876. CONGRESSIONAL RECORD-SENATE. 5199 ·said I would do so. He then asked the unanimous consent of the Mr. THURMAN. It is right in the line of what the Senator is say- Senate to take up the conference report., and that unanimous consent ing. was given without anything being said about the resolution of the Mr. ED~IDNDS. I wish to say one or two words more in exactly Senator from Indiana being laid aside temporarily, or provisionally, this connection in respect of this clause in the treaty, and then I will or anything of the sort. The Senate was asked to give unanimous con- hear my friend with pleasure, for I wish to condense as much as pos- sent to take up the conference report, and that unanimous consent sible in order to save time. was given, and that is now the matter before the Senate. The next clause in the treaty iii, as if to remove any possibility of Mr. MORTON. I did not bear anytbing about unammous consent. doing what this bill provides: The Senator from Ohio gave way, as T understood, for a matter that But no pre-emption claim or homestead settlement shall be recognized. would take but a moment; but my friend from Ohio thinks he has successfully swapped my resolution off for this Osage business. I There is a positive prohibition against any pre-emption or a:ay think batwould swap it off for any other sulJject before the Senate. I homestead. Here is a positive enactment that with or without ~nd hope that the regular order will not be put out of sight in this way. in spite of any assent of this tribe of Indians to this new arrangement If this report can be disposed of without further debate, I have no there shall be pre-emption and there shall be homestead at a price objection to its going on, but if it is to t.ake all afternoon and to dis- fixed by Congress, and not at auction. I do not know but that there place the other matter, I am opposed to it. is ingenuity enough in this body and in my friend from New York Mr. INGALLS. I do not want to debate this report. The Senate [Mr. KERNAN] to show that it does not mean any snch thing, but th~Lt are fully in possession of the facts in connection with it. The bill it- it 1·eally means that Con~ss in its discretion may sell these lands for self has been the subject of elaborate and protracted {lebate, and I am a dollar and a quarter an acre to pre-emptors or may give them all entirely willing that the vote upon the report of the conference com- away to homestead settlers. mittee shall be taken at once. . Mr. CONKLING. Then came the act of 1869. Mr. EDMUNDS. What is the pending question at this present mo- .Mr. EDMUNDS. Then came, as my friend from · New York sug- mentf gests, what I wa.s just coming to, the act of 1869, which said that for The PREI'HDENT pro tempore. The question is on concurring in two years from the paSSl!,ge of the act all bona fide settlers on those the report of the committee of conference. · . lands should be entitled within that space of two years to pre-empt Mr. EDMUNDS. Is it in order to call for the resolution of the these lands at the price of a dollar and a quarter an acre, subject to Senator from Indiana f all existing outstanding legal rights. The matter was then drawn The PRESIDENT pm tempore. By unanimous consent the Senate into controversy and was nuder discussion; and therefore, in order took up t.he report of the conference committee, and it is before the to cover these squatters who had gone on by right or by wrong and Senate. Two matters cannot be before the Senat-e at once. The Chair wished to get some status, this joint resolution proposed to give them understands that whenever the Senate by unanimous consent has de- some status, but Congress was careful then to say, "You must take tetmined to take up an intervening question it has not been the prac- your chanoes; we do not propose by this a-ct of 1869 to create any tice to lay it aside. rights in invasion of rights that already exist outside of our powers;" Mr. EDMUNDS. So I understand the Chair to bold that the reso- but that act was only to continue for two years. That time expired lotion of the Senator from Indiana is not subjec~to call at this mo- on the lOth of April, 1871, five years ago, since which time many of ment f • these thousands, if there are thousands, of pre-emptors have walked The PRESIDENT pro tempm·e. Not after unanimous consent to on to t,be laml, proved up as an actual occupant at the moment of take up the report. The report is before the Senate. · entry, so made their claim, and then gone back to their farms in dif- ])h'. ED.MUNDS. Then I do not see but that the resolution of the ferent parts of Kansas and elsewhere. Senat.or from Indiana is gone for the present time, and we must pro- Mr. CONKLING. They were not actually on the land, thenf . ceed to consider what we have before us. Mr. EDMUNDS. Certainly_not. I never heard it claimed or sug- I did not concur in the report of this conference committee and did gested that on the lOth of April, 1871, any such number of people or not sign the report, because I believed that to pass such a law, with- squatters as is there now or anything like it, probably not a quarter out this tribe of Indians assenting to the new arrangement proposed of them, were on the lanc.l. In that state of the case we are asked to in the bill, would be a plain and palpable violation of their.right~ of pass this law. It did appr.ir to me, desiring heartily to relieve the property secured under the treaty of 1865. I say nothing of the other difficulty that exists there, lhat the only plain and honest way to do topics in the bill but merely speak of this one. I do not mean to say it was to try to get the assent of the Indians to this arrangement. that I assent to the bill in ot.her respects as it now is, but on this par- 'that being given intelligently, of course nobody would complain. As ticular topic I wish to occupy a moment of the time of the Senate. it stands now, in my opinion, we shall have plainly violated this In 1825 the Indians were in possession of this country and a great · treaty aml invaded the rights of the Indians, and they with tlfe other deal more, and we made a treaty with them then by which this par- Indians o.f the country will have a just right to believe that we do not ticular reservation was secured to them forever. In 1865 they dis- care anything about a tr('aty at all, and will violate it when we like. posed of that reservation to us on the trust stated in the treaty just I am very sorry indeed to hear that such legislation ought to adopted. read by the Senator from New York, and that was that these lands Now I will hear my frien which which still exhibit the effects of their long slavery in their habit of yielding: to the the reference is made at all. This refers to a kind of murder llistin- more imperious and resolute will and the superior intelligence and material re- sources of tlte white men. guished from the murders by Molly Maguires or ordinary killings. It. Add tQ this that in almost every southern community there may be found a con- refers to political murders, murders that are brought about for the pur- siderable nnmber of f1::ning, la.wless, reckless white men, accustomed to arms :llld pose of controlling the polit.ics of States, murders not committed by deeds of vio'ence, over whom the restraints of the sentiments of the· better and common cut-throats and by felons, but murders committed under tho mo~e conservative classes of society have litt.le, if any, power, who ar-e im~pir<'d by an mtense and brqtal hatred of the negro as a free man, and more particularly a!'! direction of men··who write for the newspapers, who are intelligent a voter and a republican, and you have the elements which would naturally give rLe gentlemen, men w bo have occupied public positions, murders that hn.ve to, and in point of fact do gherise to, near ~ yall th!'scenesof I.Jloodv vioh'nce whi..:h fo~ their purpose political conseqt"J.ences, far-reaching consequences. occur in the Souti.Jern Sta~s. Besides all this, another fa{lt must "be noted here, a That is the cla-ss of murders referred to by the President's message fact which, in my judgmrnt. marks and explains the world-wide difference between the effects of such occurrences as this at Hamburgh upon the mass of the white peo- and to which m:v resolution refers. ple here and the effecta of deetls of blood and violence upon tho people of other sec- Mr. EDMUNDS. Murders that represent opinions. tions of the country, namely: that such occunences as this at llamhnr_gh have Mr. MORTON. Murders that represent opinions. generally resu1ted in what is thought to be political advantage to the democratic I called the attention of the Senate this morning to the letter of party he1·e. From this fact it results that tho white people h<'re are induced, to a cons1derable extent, to overlook the naked brutality of the occurrence and seck to Mr. Tilden. He ought to have reflecte~ed, and wa.~ over:rrown with grass when about twenty paces distant from the crowd, The ball is still in his arm and except in that portion which was used as a carriage-roa!l While the company was he suffers much pain. Ho also states that some of the young men from Georgia thus dlilling Thomas Butler and Henry Getzen, his brother-in-law, came along in remonf'ltrate'l against shooting the prisoners, but in vain. a caTTia~o ancl demanded that the company should make wc~.y for them. Adams Besicles the killing and wounding of tho men herein named, the party broke open halted the company, remonstrated with Butler aml Getzen for thus seeking to in· several stores ancl houses, and in some instances robbed the inmates. They took terfere with tho company, and called their att.ention to the fact that there was from Mr. Charles Roll, the postmaster. aud a very respectal>le white citizen, a gun plenty of room on each side of the company to pass. ~ which he bad in his store and his private property. From an old colored man, l!'inding t,llem unwilling to turn out of their course, .Adams finally opened ranks 11amecl Jacob Samuels, in his employ, they took a watch aud set fire to bid house. and allowed them to drive through. They broke open the house of Trial Justice Rivers and ditl much damage, as well This incident seems to have angered Butler and Getzen, who made complaint be- as robbed him of clothing. They obtained keroRr:DO oil and attempted to set fire fore Trial J nstico Rh-ers a_!~ainst the militia company for ob~trncting the hi~bway. to a house, but wero preventecl by Colonel A. P. Butler from doing so. The ropes- The trial justice on the following day issued a. warrant aj!ainst .Adams, as no was of the public wells were cut anttached to them. if the tJ ial justice was to hear the case as trial.i ustico or in his official capacity of One of the white cilizens of Ham burgh be<\rtl a conversation between David major-geneTal of militia. To this the trial justice replied tllat ho was to hear the Phillips and General Butler in the afternoon. Phillips talked very" big." as the case as a. trial justice, but if tho facts showed that a military offense barl been com- gentleman said, and General Butler told hinl that they wanted those guns and were mitted, Adams would have to be triell by a. court-martial. General Butler then bound to have them. stated that he thought the case might be arran~ed, and, at his SU;!gestion, time was In the afternoou Colonel A. P. Butler went to the vQ.rious stores in town and ~o.rivel'l him to see the parties. After this the tr1aljnstico did not seo General Butler told the proprietol'R that they must not sell any liq nor to lris men. In spire of this, at his offioo, but learned that be bad gone over to Augusta. In tho mean time the however, some of the men compelled one of the store-keepers to furnish them trial justice ha.tl been informed that some two orthreo hundred armed white men liquor. From the same person they obtained kerosene oil to use in setting fire to were in Ham burgh, and that a demand had been mado by them that the militia a~us& . sboulver the country before by violence. Therefore these things are to be slurred over, they are WHEELER wrote his letter. How comes it that he took no notice of to be. passed by, and the perpetrators are to go unwhipped by public it at all, aud how small a criticism it would be f~r me if I were to opinion. If such men as Tilden and Hendricks were to denounce say that Mr. WHEELER dn.re not condemn that massacre! No, Mr. these crimes, if they were boldly denounced on the floor of this Sen- President, that will not do. Why di.d he not take notice of Coushatta ate ancl not apologized for and not denied and Senators who say" I and the like; in other words, why did be not take notice.of all the clo not know, I have got no information; ''-if the leading men of the speeches the Senator from Indiana has been accustomed to make on democratic party everywhere would come ont and denounce these southern outrages in the last four or five years' I might answer, tllings and demand that the perpetrators be brought to justice, then why did not Governor Hayes take notice of them f Why did not these things will stop; but they nev~r will .be stopped so long as men Governor Hayes put into his letter of acceptance liberal extracts ignore them or so long as they are justified or excused. from the speeches of the Senator from Indiana f Why did he not Mr. President, there is no use in talk.inO' about these things being make a campaign document by finding chosen excerpts of the horri- non-political. My friend might just as weil attempt to conceal Mount ble pictures drawn bythe ferliileimagination·of the Senator from In- Vesuvius by spreadii;~g his pocket-handkerchief over the crater a.s to diana for the last three or four years t Why, on the contra.ry, did deny that these murders were political. This is one of a series of Governor Hayes hold out his hanus, and use mild language like" the at1'0cities. It is one just like many others that have occurred; all in- mild-mannered man he is, although he has proven himself to be a flicted for the same purpose, and all to be covered np, justified, or brave soldier, (for I have generally found that the men who were the excused by the same infamous falsehoods. bravest soldiers have the mildest tongnesf) Why is it, instead of Mr. President, I believe I have had the Clerk read all that I clesire hoisting the bloody flag and preaching venge.ance and hatred in his to have read on this report of the committee of conference. When letter of acceptance, that Governor Hayes speaks in language of mild- we get up the resolution, which is the main thing, I shall perhaps ness and of kiridness to all the South f Not a word about Coushatta have something to say about it. and not a word about Ham burgh, although for aught I know he had 1\fr. THURMAN. Mr. President, the Senator from Indiana was so heard of it, though it was,.hardly possible, for his letter is dated on anxious to make his little campaign speech that he could not wait the very day this transaction took place at Ilamburgh. He says not for his resolution to be taken up again, but on an Indian bill he saw one word a.bout these various occurrences which tile Senator from fit to make his stump-speech that bas just been delivered; and Indiana has been accustomed to bring to the attention of the Senate there was another singular thing about it, and not usual iu this Sen- so often, and so forcibly, and so earnestly. ate, that his speech, a.s he annouuce be exert~lllot that with n ch a state of afi:.tirs as that, and with the negroes in the alone to maintain their just equality before the law, but hkeWise to estabhsh a. maj~rity, and witll this sndden change ~bich bas taken ~he late servile cordial fraternity and good. will among citizl3ns. wha.tever thrjr race or color, who are now uuited in the one destiuy of a common self.governm ent. If the dut.v shall race and put it on top of the race to whwh Calhoun ana McDuffie ami be assi!m ed to me I shouhl not fail to exercise the powers with which tlrclawsand Lowndes and men of that st.amp belonged, there is dissatisfaction f tho Co~stitution ~f our country clothes its Chlef Magistrate to protect all its citi- zens whatever their former condibon in every political aud personal right. Do vou wonder that there is bad feeling f Do you wonder that men may be excited to acts of violence that our so~er judgm~nt .cannot What more can be asked than that T What more with any pro- for one single moment approve and every sentiment of JUS~Ice and propriet.y or dignity could Governor Tilden liav~ said than that T humanity requires us to condemn f But, sir, when these thrngs do Was it for him to go peddling around and mousmg around upon occur, are the whole southern people to be indicted and the whole newspaper reports, and without bearing t.he other side to go into t~e .northern people to be excited against the South as if the whole south- particulars of some outrage in the Southern States¥ Was that Ins ern people were a set of monsters and not human beings~ Why, sir, we duty f Does not every man see how miserable is the criticism of the were told a loner time aO'O by one high in station, "Let us· have peace." Senator from Indiana T But. so far fro~ having peace, there seems to have beep. no end of this But, Mr. President, let us get to something larger than that. Now cru~acle of vengeance a~d bate which is to be preached ~>n tb~ eve of I have heard the letter of the attorney-general of South Carolina. everv preRident,ial olectwn, and not only of every presidential elec- I had not seen it before, as I said in my opening remarks this morn- tion 'but of every important election. ing, and although I have learn~d, by more than forty years' practi~e Mr. EDMUNDS. Does the Senator allude to this crusade at Ham- at the bar and some little experience upon the bench, always to hesi- burO'h ' Is t.hat the one he is speaking off . tate to give judO'ment upon the testimony on one side alone, altbou.gh ?~h-. THURMAN. The Senator understands well enough what I I have thought the maxim Audi alterarn pa1·tem, "H~ar the oth~r s1.de allmle to, and his question therefore was as rnal ap·opos as it coulu • before yo~ determine," to be one of the sonud~st ~JCtates of JUStlCo possibly be . and jurisprudence, yet I am bound to say that If thiS statement macle .Mr. EDMUNDS. Well, which does the Senator meanT by the attorney-general of South Carolina be true-and I am so~y Mr. THURMAN. The Senator understands me perfectly well, and to say that it is most pro baLly substantially so-then tho tra.nsactwn I have no doubt perhaps before we get through he will give some at Ramburerh was so atrocious that t.her{} are no words in our lan- little proof of it. · guage sutli~iently strong to co~demn it. That is what I say of. it. Now, Mr. President, when in this world are we to have pea-ce and It is addinO' to brutality cowardiCe, the meanest ancl basest cowardiCe. fraternity in this country¥ lf these th~gs are to go ol?, bow long In all age;'and in all countries. ·since at least prisoners were entitled will it take before we ·a re once more a umted people T Srr, we came to life when they surrendered, and in all mouern times, according t.o into this centennial year with great blowing of trumpets and beating the laws of modern warfare, the shooting of unarmed prisoners is a of drums to welcome the one hundreth anniversary of the nation's crime too great to be described by words; and that is precisely this independ~nce and a reunited Republic from one end of the land to case if the statement made by the attorney-general of South Caro- the other. We celebrated it by acts of fraternity. Troops went fmm lina is true. Sir, no man can abhor that crime more than I do. Years South Carolina to join. with Massachusetts, under the shadow of aero I said in the debate on the enforcement bill, and said it as strongly Bunker Hill, to celebrate that great victory and t~e fu:st blows f?r ~I could put it to those misguided men down South, that they were the independence of the country. They were received m Boston m the very worst enemies that the southern 1~eople baU. I hav? r~­ a manner t.hat spoke in the highest conceivable language of the civil- . peat.ed it again and again. Everv act of vwlence they comrntt IS ization of that city and of her fraternal and patriotic feelings. Troops seized hold. of by demagogues at 'the North to inflame the North went from Maryland to Philadelphia, to New York, and Boston, and aerainst the South and without any regard to the guilt or innocence were received in the same way. 'Ve invited the nations of the earth of the mass of the southern people. What mn.n in his Benses believes to come hereto witness-wbatT Simply our material progress, simply that the mass of the white people in any State in the South desires onr errowth in the material arts· and sciences f No, sir; but to witness a a state of anarchy f Tiley have the property; they have their wives a gr~~•t prosperous, a 1mited, and a patriotic people. We invited and children there who require safety and protection. What man all the' crowned heads of the world to attest by their own presence believes in his senses to-day that. they want a state of civil war, of or that of their emuassadors their friendship for the great Republic servile war, or a war of races; that th13y want insecurity f~r their of the world, and to be witnesses of its prosperity, its union, and its wives and children, insecurity of property, a state of anv.rcby mstead glory. And .some of them came, crowned beads; but what do they of a state of prosperity! No man in his senses believes it. But witness T Instead of a united and happy and contented people;they there are bad men there, as there are bad men elsewhere, ancl under are told here from the Senate Hall of this Capitol that one-t.hird of the peculiar circumstances, the changed condition of that country, this people are a set of monste~ in human form; that they have no who can wonder that there are outbreaks! It is no justification of love for this Union, and not only no love for the Union, but that the them but who can wonder a.t the fact that there are outbreaks t most common instincts of humanity and justice are blotted out of Take' this verv State of South Carolina; I am assured that the entire their hearts. That is the exhibition that you exhibit in your centen- organized militia of that State are colored men, that there is not one nial year. Ab, Mr. President, if tllat is true, .t~en I adv~se you .to sinO'le militia company that is composed of white men. hide all your evidences of progress that are exhibited at Philadelphia, Mr. PATTERSON. The Senator from Ohio is right in that state- for no growth in the ·material a.rts, no mighty works of industry, ment; but it is not the fault of the colored people and it is not the nothiniY that yon can show there will for- one moment be more than fault of the State government, bnt the fault of the white people. dust in°tbe balance against a country so infamous as thatwbich Sen- The white democrats will not go into the State military organiZ::t- ators describe us to be. tions. Mr. MORTON. Mr. President, one word. The Senator asks this Mr. THURMAN. I think I have beard some other account of that. question, "Wben shall we have peace and fraternity in the North and Mr. PATTERSON. 'fhat is true. iu this country T" I want to answer that: wh~n murder shall ce~ Mr. THURMAN. I think we had some evidence before that when because of race, when men shall cease to be k1lled because of thmr that militia law was passed the whites did go into it, and why should political opinions, when they stop the sla.ughters at Ham~urgb, a:t they not f They wanted armR, but their arms were taken from them Coushatta., at Colfax, at Vicksburgh, at Clinton., at Mecbamcs' Insti- ancl their companies disbanded. That is the evidence we bad bore tute. So loner as these things are continued there can be no peace. some two or three years ago. anll fra.tcroity. nut the crime is in talking about them, that is all- Mr. PATTERSON. Will the Senator state when that happened.¥ not the killino- but it is the talking about it. Because we remon- Mr. THURMAN. I recollect- strate becaus~ we raise our voices against these crimes and urge se- :Mr. PATTERSON. When were arms ever taken by the State gov- cnrit. ~ to tho lives of all, it is said that we are keeping up sectional ernment from a white military company 'f differences! God forbid. When they stop these killings, we shall stop !Ir. THURMAN. .My impression is that it was about two years our talk · but for us to stop our remonstrances before these crimes aero, 0 and I am speaking simply from recollection. ~ha11 cen~e would be crilninal on our part. Mr. PATTERSON. I live there, and I never heard of it. Mr. President., the Senator says that Mr. Hayes did. not say any- Mr. THURMAN. There are a great many things perhaps that the thing about this. I ~ant to read wb~t Mr. Hayes sa~d. . I want to Senator never beard of that nevertheless happened. How comes it vindicate him from the assault upon him. Mr. Hayes m his letter of that all the arms are given to colored people 1 Are the white people a-cceptance says: of South Carolina so rich that they are unwilling to take the arms that belong to the State, or that they go and purchase their own There can be no enduring peaee if the .c~n~titutiona~ ~ghts of. filly po:Hon of the arms T Is that the state of the case down there T people are l1abituall.v disregarded. ~ dlVl~IOn ~f political parties, resting merely upon distinctions of· race or upon sectional hnes.~s always unfortunate and may be Mr. PATl'ERSON. 1 am sorry to interrupt the Senator by saying d1sastrous. The welfa.r~ of tho South, alike with that of every other part of the that that is the truth. The white people iu South Carolina prefer to country, dept>nrls upon the attractions it .can o~er to labor, to immigration, an~ to buy their own arms and equip themselves, and are unwilling to go in capital· but laborers will not go, and capital will not venture, where the Constitu- under the State organization and be subjeet to the military law. tion an~l the laws are set at defiance and distl"J.Ction, apprehension, and alarm take. the place of peace-loving and law·abiding social life. :Mr. THURMAN. I cannot undertake to argue a question of tbe state o£ affa.irs in South Carolina with the Senator from that State; He puts it very strongly; and bow did Mr. Hendricks put it yes- ·but one thing I do know: that, if that is the case there, the white terda.y T The Senator bas read w~at Mr. Tilden sa.id. Why, be says,. population of South Camlina are tot:.Jlly abnormal and do not belong could Mr. Tilden and Mr. Hendncks st.op to notice the Hamburgh to our race. But there is the fact: fifteen regiments of colored troops massacre, that particular thin~, the massacre at Colfax, at Coushatta. 5204 CONGRESSIONAL RECORD-SENATE. AUGUST 5, at Vicksburgh, or at Clinton, or the general massacre in Mississippi f did not forget Hamburgh; he did not forget the one hundred other He says no. 0, that would be beneath the dignity of those two men I slaughters in the South in the last two or three years. .But all he has These massa.cres have shocked the whole world; the whole country to say about them is to condemn the men or the party that want to is talking about them and bas been for months and for years; but make political capital out of them! That is, he condemns the men they amount to so small a matter that thf'se distinguished gentlemen who denounce it, condemns the men who make a noise about it, con- could not afford to mention them l Ah, if the Senator himself would ex- demns the men who bring it to the aUention of the country. That is pend one-half the force in condemning these crimes that he does in .all the condemnation he has about it. It would have been ea y for condemning us for talking about them, he would have helped to stop him to say in referring to Hamburgh or if he did not even mention them and would have materially contributed to that result. But in- the name in referring to these general slaughters in the South where stead of that we find apologies ancl excuses, and we find those who these things have occurred-to say" I condemn them; they have been condemn the crimes are arraigned as the criminals while the criminals committed by bad men who ought to be pnniRhed, and it will be my are let go, left unpunished, and left uncondemned. . purpose to bring these men to punishment if I should ~et the power." The Senato)\ says if the facts stated by the attorney-general of But no word of that kind escapes hiH lips; and so with regard to Mr. South Carolina are true, then these men did commit a great crime Tilden. He talks in a general way about enforcing the laws and says because they kjlled unarmed prisoners. Ay, there comes the rnb. he will use all his constitutional power to enforce the laws. But what When will the Senator ever believe the facts as stated f How much constitutional powers has he got according to his construction f All evidence will convince him that the attorney-general has told the that Grant has done has been denied to be constitutional; all that truth f There is where the trouble comes in. The Senator stated the republican party has done in suppressing these disorders has been this morning that he knew nothing about it, had nothing authentic said to be unconstitutional. Every step we have taken has been con- on the subject, and when the evidence is read he says if these things demned. - are so, then this was a very bad affair indeed! I sympathize with my friend from Ohio in one respect. I sympa- In regard to Mr. WHEELER's statements I find on referring to his let- thize with the sad necessity that compels him to defend these things, ter that for his opinion in regard to the condition of the South here- that compels him to excuse them, to apologize for them in a round- • fers to his report. I shall have that report in a few minutes and it about way ; and whenever a word is said about them to be under the will show that he is equally explicit, I have no doubt. necessity of getting up and makin~ a counter attack, attacking the Mr. THURMAN. I guess he does not say anything about Ham- republican party, and talking about "the bloody shirt." These mur- lmrgh in that report. ders and crimes are committed, and then they are to be shouted out Mr. MORTON. No; Hamburgh had not happened when he made of sight by the cries of "carpet-bagger," "scalawag," "bloody shirt," t his report. My friend from lllinois [Mr. LOGAN] had handed me the and all the slang-whangery of vulgar blackguaruism. We are to for- report. Mr. WHEELER in his letter refers to his report and says his get these infamous crimes and lose sight of them under the cry of opinions have not changed. I read now from his report: slang that is brought against us whenever we mention them. First. That there has been, and is, on the part of the party calling themselves The PRESIDENT pro tempore. The question is on concurring in the white men's party, in Louisiana, a purpose to take :possessio~ by force and fraud the report of the committee of conference on the Osage land bill, on of the State government, without regard to the question of who may have the nu- which the yeas and nays have been ordered. merical maJority at a fair election. The yeas and nays were taken ; and resulted-yeas 27, nays 18; as That is a very important statement, and he re-affirms it. follows: Second. That, in the execution of this purpose, they have refrained, and will re." frain, from the use of no instruments which they think designed to accomplish it, YEAS-Messrs. Barnum; Booth, Bruce, Cameron of Wisconsin. Cockrell, Dcn- · whether those instru.menta be murder, fraud, civil war, or coercion of laborers by .nis, "Eaton. Ferry, Gordon, Harvey, ffitchcock, Ingalls, Kelly, Keman, K ey, Mc- employers. Creery, McDonahl, Maxey, Morton, Paddock, Patterson, Randolph, Robertson, Sherman, Wall~We, Withers, and Wright--27. And he expressly ~;e-affirms that statement, and yet my friend from NAYS-Messrs. Anthony, Bayard, Boutwell, Conkling, Cooper, DawE's, Ell munds, Ohio says Mr. WHEELER says nothing on the subject. Frelinghuysen, Hamilton, Hamlin, Howe, McMillan, Merrimon, .Mitchell, Morrill, Third. While there are many men in their party of more moderate views, who do Norwood, Saulsbury, and Wadlei.e;h-18. ABSENT-Messrs. Alcorn, Allison, Bo:zy, Burnside, Cameron of Pennsylvania, not themselves use or approve these unlawful means, such men desire the accom- Cbristiancy, Clayton, Conover, Cragin, Davis, Dorsey, Golllthwa.ite, Johnston, plishment of the same end, and are powerless to restrain their more violent asso- Jones of Florida, Jones of Nevada, Logan, Oglesby, Ransom, Sargent, ShAron, ciates. Spencer, Stevenson, Thurman, West, Whyte, and Wmdom-26. And now I wish to say right here that there are millions of good So the report was concurred in. people in the South. I want to believe that, an(l I do believe it; but the trouble is that they have not got the power, they have not got . PETI'I:ION, the courage to put down this violent element; they are controlled by Mr. WITHERS presented the petition of W. F. Carrington, of Vir- it. I believe the violent element in the South is in the minority to- ginia, praying the removal of his political disabilities; which was day; I have no doubt of it; but it bas power to silence the majority; referred to the Committee on t.h e Judiciary. it has power to brave and control their politics; and such is its power, such is its terrorism that it is felt right here on the floor of the Sen- REPORTS OF COMMITI'EES. ate and there are men here who dare not express the sentiments of Mr. McMILLAN, from the Committee on Claims, to whom was re- their hearts because of this power and of their dread of this violent ferred the petition of Joseph N. Lewis, praying to be re-imbursed for element in the States from which they come. This I have no doubt certain moneys expended by him in and about the seizure of the of at all, and this terrorism goes to Indianapolis and it goes to Al- American bark Amelia. at Port au Prince, Hayti, while he was acting bany, New York, and it prevents candidates for the highest offices in as United States·commercial agent at that point in 1855, submitted a the land from expressing their condemnation of these crimes. As I report thereon, accompanied by a bill (S. Ro. 1033) for the relief of said, they dare not condemn the authors of these crimes because their Joseph N. Lewis. hopes of success in four or five republican States in the South depend The bill was read, and passed to the second reading, and the re- on these very men and those of like character. port was ordered to be printed. Mr. WITHERS. Will the Senator read a passage from Mr. Hen- Mr. LOGAN, from the Committee on Military Affairs, to whom was dricks's letter in connection with the subject he is commenting on f refen·ed the resolution of the Legislature of Texas, in favor of the Mr. MORTON. I thank my friend for calling attention to it. I better protection of tl1e frontier of that State and ita re-imbursement was coming to it. of certain moneys expended for the protection of hor citizens and Mr. 'VITHERS. I would be glad if the Senator would do it. their property from incursions from the adja-cent :Mexican territory, Mr. MORTON. I ask the Secretary to read it. I believe I will mark asked to be discharged from its further consideration; which was all that pertains to the subject. It is toward the close of the letter, agreed to. is it not T Mr. WHYTE, from the Committee on Public Buildings and Grounds, Mr. WITHERS. Yes, air. to whom was referred the memorial of the common council of Freder- Mr. MORTON. I will mark the part and ask the Secretary to read. icksburgh, Virginia, in favor of the erection of a monument at York- The Chief Clerk read as follows: town, Virginia, commemorative of the closing battle of the war of the All the people must be made to feel and to know once more that there is estab- Revolution, submitted a report thereon; which was ordered to be lished a purpose and policy under which all citizens, of every condition, race, and printed, and the committee was discharged from the further consider- color will be secure in the enjoyment of whatever rights the Constitution and laws ation of the petition. declare or recognize, and that in controversies that may arise the Government is not a partisan,l>ut within its constitutional authority the just and powerful guard. MESSAGE FROM: THE HOUSE. ian of the riahts and safety of alL A message from the House of Representatives, by Mr. G. M. ADAMS, The strifebetween the sections aml between races will cease as soon as the power for evil is taken away from a party that makes political gain out of scenes of vio· its Clerk, announced that the Honse insisted on its amendments, dis- lance and bloodshed, and the constitutional authority is placed in tho bands of men agreed to by the Senate to the bill ( S. No. 846) to punish the counterfeit- whose political welfare requires that peace and good order shall be preserved every- ing of trade-mark goods and the sale or dealing in of counterfeit trade- where. mark goods, agreed to the conference asked ·by the Senate on the Mr. MORTON. He does refer to scenes of violence and bloodshed, disagreeing votes of the two Houses thereon, and bad appointed Mr. but how T Co~demniug the bloodshed f No, but condemning the JOHN H. BAGLEY, jr., of New York, Mr. WILLIAM HARTZELL of Illinois, party that he says tries to make capital out of it, condemning those and Mr. E. S. SAMPSON of Iowa, managers at the conference on its who talk about it, those who repudiate it, but for the bloodshed itself par~ . he ha.s no word of condemnation ; and his remedy is to turn over this The message also announced that the House ];lad appointed Mr. Government into the hands of the very men in part who have perpe- OMAR D. CoxGER, of Michigan, a manager at the conference on the 1rated these crimes. This bloodshed was in his mind. Mr. Hendricks disagreeing votes of the two Houses on the bill (H. R. No. 3022) mak- 1876. CONGRESSIONAL RECORD-SENATE. 5205 ing appropriations for the construction, repair, preservation, and com- proved on all such occasions, that much exaggeration exists in refer- pletion of certain public works on rivers and harbors, and for other ence to this aifair. purposes, in place of Mr. MARK H. DuNNELL, of Minnesota, excused. Mr. PATTERSON. Will the Senator allow me to interrupt him a. The message further announced that the House had passed a joint minute f Will the Senator believe the accouut if I give it to him in resolution (H. R. No.1) proposing an amendment to the Constitution a democratic newspaper f of the United States; m which it requested the concurrence of the Mr. SAULSBURY. I will furnish myself with all the reading I Senate. want. I have got pretty nearly old enough to select my own read- ENROLLED BILL SIGNED. ing. The message also announced that the Speaker of the House had Now, I say if there was any violation of law at Hamburgh, and I \ signed the enrolled bill (H. R. No. 361) to reduce the area of the mil- have no question there waa; if there wa.s any cruelty, and I have no itary reservation of Fort Laramie, Wyoming Territory; and it was question there was; if there was any inhumanity, and I have no thereupon signed by the President pro tempore. doubt there was, that inhumanity ought t-o be ferreted out and pun- ished to the full extent of the law. ~am not here to defend any vio- PAPERS RECOMMITIED. lation of the law either in South Carolina or any other State. The On motion of Mr. HOWE, it waa whole tenor of my life has been against it. The democratic party of ' Ordered, That the petition and papers of Jackson Tibbetts and others, employes of L. J. and J. D. and T. W. Call. late contractors of tne Fox River improvement, my State and of every State of this Union, so far as I know, have set their faces against all violations of law, and they have complaine(l praying that the ~mount forfeited to. the United States by the contra<.:tors by the justly and most bit-terly against the numerous violations of law that annulment of theu contracts be apphed to the payment of wages due them, be re- committed to the Committee on Claims. have taken place under republican rule. They are the last men, therefore, who would encoura~e any violations of law. That there THE HMffiURGH RIOTS. may be individual democrats th-at are guilty of crime I do not deny, The PRESIDENT pro· te111pore. · The question is now on the resolu- just as there are individual republicans that have been sent to tho tion submitted by the Senator from India11a [Mr. MORTON] to print penitentiary for their crimes. extra copies of the President's message in relation to the Ramburgh The character of these papers are mere ex pm·te statements, which ) massacre. cannot convey to the country a true idea of the condition of affairs Mr. EDMUNDS called for the yeas and nays, and they were or- at Hamburgh and the true circumstances that led to that uufortunate dered. massacre of the colored people at that point. And yet it is proposed Mr. SAULSBURY. Mr. President, as a member of th~ Committee to take these ex parte statements and to publish them at the public on Printing, to whom the resolution of the Senator from Indiana was expense, and strew them broadcast over this country as a partisan referred, I objected to this publication by Congress of the message and political document to be used in the approaching campaign. Is that accompanying papers not because I had any disposition wbate~r fairt Do democrats come here and ask that documents may be to cover np auyt.hing that had been done, any outrages that had been printed at the public expense to advance the interests of the demo- committed at Hamburgh, in South Carolina. I objected to it because cratic partyf It may not cost a very large sum of mone~, but it is I believed it to be an attempt to print a political partisan document, one of the items that helps to swell the public expenditures, which designed for politica 1purposes, at the public expense, and to be paid for the people in these days of inquiry will recognize and condemn. out of the public Treasury. I have not the leaat objection t·hat the I wish to call attention to the character of one of these documents, message of the President of the United States, with all the docu- and I refer to the letter of the President of the United States to ments accompanying that message, 8hall be published by.the thou- Governor Chamberlain, which accompanies his message. I want to sand and the hundreds of thousands by any political party that may direct attention to this document and to Mk my republican friends if desire to publish them at their own expense; but when an attempt is in their judgment, if in their honest opinion, it is a document which made to publish for partisan purposes this message of the President ought t-o be published and sent out to the country, and if they will of the United States, with the accompanying ·papers, I feel it my not place their President in an improper light before the American duty as a. member of the committee to object to it; because it is tak- people. In reply to the lett.er of Governor Chamberlain the Presi- ing from the public Treasury money that ought not to be used for dent of the United States says: such a purpose. The scene at Hamburgh, as cruel, bloodthirsty, wanton, unprovoked, and as un- What is the character of the paper that it is proposed to publish f called for as it was, is only a repetition of the course that has been pursued in It is a message of the President of the United States sent here in isian~southern States within the last few years, notably in Mississippi a.nd Lon- other obedience to a resolution of this body calling for the information in his possession in reference to a massacre said to have taken place at You will observe that the President of the United States in an- Hamburgh, in South Carolina, transmitting ex pat'te statements in swering a letter specifically directed to him in reference to a partic- reference to the affair. The usual number of that message, with the ular transaction takes occasion in reply to that letter to hold up be- accompanying papers, has already been published. So far, therefore, fore the .A.merica.n people that there is a spirit of lawlt{ssness in Missis- as the Senate of the United States or Congress is concerned, and so sippi, in Louisiana, and in other southern ~tates. Does it com- far as the paper may be useful in order to aid in any legislation which port, I ask, with the dignity and character of the Executive of this may be necessary and proper to remedy any W1'ongs that exist there nation to become the persecutor, I will not say a partisan accuser,. but that purpose hns been complied with. But now, after the usual num~ . an accuser of the people over whom he presides f He is the Presi- ber of copies bas been published, after the papers are upon our deut not of a party. He is the President of this whole Republic, as desks, the proposition is made by the Senator from Indiana to pub- much the President of the democrats of this country as of the repub- lish an unusual number in addition, 10,000 copies of the papers, to be licans. It is true be was not elected by their votes, but be is charged paid fo.r o~t of the public Treasu~y. I do not hesitate to say that with the duties appertaining to the executive office, and is the Chief the des1~ ~ ~ manufacture .and cucnlate at the publi~ expense pa- Magistrate of the whole country; anrl it does not, in my judgment, pers wbwb 1t Is supposed will be of some advantage m the presi- comport with the high character of the President of the United dential canvasA to the republican party. What are the papers accom- States to become the accuser of the people of any State, especially panying the President's message t The President says he sends: when there was no case before him calling for the voluntary state- No .. 1. Letter of the 22d of J nly, 1876, from Governor D. H. Chamberlain, of South ment made in referenct to these States. . He goes on: Carolina., to me. No.2. My reply thereto. Mississippi is governed to.day by officials chosen through fraud a.nd violence, No.3. Report of Ron. William Stone, attorney.general of South Carolina. such as would scarcely be accredited to savages, much less to a. civilized a.nd Chris- No.4. Report of General H. W. Purvis, adjutant and inspector general o.f South tian people. · Carolina. Does the President possess the evidence of tliat T Where is the evi- No 5. Copy of evidence taken l1efore a coroner's jury investigating facts relat- ing to thE'I Ram burgh massacre. dence t There has been none laid before the Senate of the United States. There have been ex parte statements. There have been news- No. 6. Printed copy of statement by M. C. Butler, of South Carolina.. paper accounts of an elec'tion in Mississippi; There have been dis- No.7. Printed letter from the same to the editors of the Journal of Commerce. No.8. Copy of letter from Governor Chamberlain to Ron. T. J. Robertson. patches, I have no question, sent from private individuals, but that No.9 . .An address to the .American people by the colored citizens of Charleston So~C~lin~ is not evidence that ought to govern the action of any person and ' that ougbt to govern the action especially of an Executive of this No. 10. .An address by a committee appointed at a. convention of leading repre- sentatives of Columbia, South Carolina. country. The President assumes, upon the ex parte statements that No.ll. Copy of letter of July 15, 1876, from the district attorney of Mississippi to have been made in reference to that election, that they are true with- the .Attornev·General of the United States. No. 12. Letter from same to same. out proof. He assumes it upon the mere declaration of political par- tisa.ns and demagogues, and not upon any evidence furnished to the •• No. 13. Copy of report of a grand jury lately in session in Oxford, Mississippi. It will be seen by an examination that these papers are mere Executive or the Senate of the United States. He goes on: How long these things are to continue or what is to be the final remedy, the expa1·fe statements.in reference ~o the Hamumgh affair; that all the Great \ Ruler of the Universe only knows. But I have a.n abiding faith that the papers accompanymg the Presulent's mess!l.O'e which relate to the remedy will come ancl come speedily, and earnestly hope that it w11l come peace· unfortunate Ham burgh imbroglio are but ~ere partisan ex parte fully. There has never been a desire on the part of the North to humiliate the statements. It may be that they are true; I do not say whether they · South. are true or not ; I have not the evidence before me· I am not suffi- I wi)l not speak on tha.t point. There are gentlemen in tbc coun- ciently familiar with the facts to say whet.ber tbes~ statements aro try who believe the contrary, who at least believe that the republi- true or not truo; but I have this to say, that I have 110 doubt there can party in some ·of the Northern States have had a disposition to arc many exaggera-tions of tbe affair contained in tbese statements. oppress the people of the Southern States beca.use they differed with I have no doubt that a full investigation of them will prove, as is them politically. But this question I shall not raise in this discus- 5206 CONGRESSIONAL RECORD-SENATE. AUGUST 5, sion, because I wish to notice another thing which is said in this satisfactory. So far as I have been able to a certain no complaint letter. whatever is made in :ha.t regard; but it is sa.id by the aoulhern Nothing is claimed for one State- people 1.hat outside of politics the relations a.re ha.rmonious. Mr. SAULSBURY. The Senator from .Minnesota cannot inform me Says the Presideut- of anything about the condition of labor or anything else in States tha.t is no~ freely accorded to all the others, unless it ma.y be the right to kill ne- that have a colored population. groes and republicans without fear of puni:~hru ent. aml withont loss of caste or Mr. EDMUNDS. That is it, "or anything else." 1·e.p utation. This bas seemed to be a privilege claimed by a few Rtates. .Mr. LOGAN. Could ho inform you on any subject f Notice that declaration. The President empbatica11y snys t.hat it Mr. SAULSBURY. I suppose he could inform me on some subjects; bas been a privilege claime(l by a few States of this Union "to kill -but I aru not so certain that the Senator from Illinois could. [Laugh- negroes and republicans without fear of punishment, and withont ter.] I say the Senator from .Minnesota cannot give me auy infor- lo s of caste or reputation." That is not a charge made by the Presi- mation th:::1.t I do not possess in reference to the relations existing ue- dent against individuals. It ts a charge made against southern tween the races in Stat.es where there is a lar~o colored population. States of this Union. What State, I ask, bas manifested any such I do not live in such a State; yet I live in a ~::St·ate where there is a spirit f I~ is the first time that I have ever heard the charge preferred very considerv,ble colored population. About one-fifth of the ent.ire against auy State of this Union as desiring to kill negroes and repn b- population of my State is colored, and I say that I know that even licans. The honorable Senator from Indiana [Mr. .MoRTOY] this in thn.t small State there have been men who have instructed some morrung s:.tid he ha(l no doubt there were hundreds and thousandR of of the negroes not to work for the white people. In m·y own town good men in all the Southern States. That, I confe s, was a great I have heard of the tleclarations of colored people that they wouM concession to be made by the Senator from Indiana; unt the Presi- not work for the white tra b. Fortunately a large portion of the dent of the United States in his letter to Governor Chamuerlain colored people have too much sense to be governed by any such per- openly proclaimed to the world that there are a few States of this sons as would ~i ve them that kind of instruction. But t.here ate in Union over which he presides as the Chief Magistrate when~ the privi- every commumty of colored people some who are not sufficiently in- lege is claimed "to kill negroes and republicans without fear of pun- telligent not to ue influenced by such advice and instructions. In i~:~hment, and without loss of caate or reputation." Is that a document the Southern States while the relations between t.be races are per- that ought to go out to be published at public expense and spread haps as harmonious as could be expected, under the circumstance~, broadcast through this l:.tnd t What. will be the estimate of the when men have gone down through those States for political pur- American people of their President when that document is spread be- poses seeking to array them in hostility ag'tinst the whites, trying to fore them' If the republican party can afford to publish that docu- indoctrinate ·them into every i as t?mployers anclla.borers, the relation is Rti ault either npon l\Ir. Haye ~ or .Mr. WHF.ELF.R. I have no qnestil)n 1876. CONGRESSIONAL RECORD-SENATE. · 5207 that they are gentlemen of chamcter and reputation, and I should tolerated crime, either directly or indirectly. I will say to the Sen- be a blackguard myself if I would attempt in any respect to detract ate, as every man acquainted with history knows, that at the sub- from the character which they possess. I hope that in this campaign sidence of a great civil war bad elements and bad men are spewed individual character will be left alone. There is enough, I will say out upon society. This is t.rrie everywhere. It was true at the North to our republican friends, in the admiui~tration of affairs by the re- at the close of the war; it was true at the South at the close of the publican party to engage all the talent of the democratic party. war. In 1865: when the last of the confederate army surrendered, of They will find enough there to condemn, and will be sure to do it. which I was a member, I had a conference with the commanding Public duty demands it. The duty which they owe to tl.:.e country officer at Shreveport, General Veitch, who was a citizen of the same demands that they shall expose the peculation, the fraud, the venal- State with the Senator from Indinna, in which he understood from ities, the corruption, the extrava~ance, the maladministration that me what my feelings were in regard to the preservation of law and have existed in this country for the last eight years and have brought it order, and I said to him that I would go to my home and aid all in almo:;t to the verge of ruin. We shall go out before the people and my power to protect the people a~ainst iawlessness and to defend hold up to them, backed up by proofs"irrefutable, not by newspaper law and order. I went home, ancL at my own instance I went to statements, but by proofs irrefut.able, the fact that there has been a Union men, as they were then called, men who had been opposed to maladmJnistration of affairs such as nover disgraced the country from me during the war, who had been during the war known as Union its foundation to the present administration. men, but who were good anti true citizens of the community in which Now, Mr. President, I shall leave thi~ que~tion; but in conclusion I live, and I said, "Let us hold a meeting of the people; let it not be I protest against the publication of political documents, partisan a meeting of the people of one pa,rty or another party, but a msoting documents, designed for partisan use and partisan purposes only, at of thew hole people; and let us make a joint call upon all the people the public expense. If this resolution passes among the complaints of the country to come up and unite in a solemn pledge to defend law which the democrats will have of the republican Senate will be that and order." We held that meeting. It. embraced the llest men of the they voted, deliberately voted, to take money from the public Treas- county. I was the chairman of the committee which reported tho ury in order to publish a partisan political document to circulate in resolutions. Those resolutions were unanimously adopted; and from the approaching canvass. . . that day to this we have had law and order where I live, with no Mr. LOGAN. Before the Senator takes his seat will he answer other exceptions than fall to the lot of communities generally. just one question in reference to the point he mentions now T Does I will say further, that when a citizen of the State represented by he base his objection to the public.a.tion of this document on the the gentleman who has just spoken [Mr. LOGAN] was cruelly and ground that it is an unnecessary expense or on the ground that he brutally murdered in the county of Grayson, the people of Grayson disbelieves the atatements iu the document T County, irrespective of party, made up a purse and employed counsel Mr. SAULSBURY. If the Senator had liste.ned to me I said that to prosecute the two men who committed the murder. I happenc~ so far as the facts disclosed are concerned I had no moans of knowing to be one of those counsel and in the worst of the time we have bad w hetber they were true or false ; that these arc ex parte statements. since the war Closed, abont 18G7 or 1808, when this affair occurred, dur- I expressed the belief that there was a great dea-l of trut,h mixed up ing the days of reconstruction, in a densely crowded court-house, with much of error, but that they were expm·te statements and should when I knew there were despemdoes present in the court-room, I and not be published by the Senate as the true facts in the case. In re- the other counsel employed dared to stand up before the jury of the ply to the Sena.tor I will say that I have no objection to the publica- country and prosecute those two men, and they were hung. Before tion of these papers if the Senator from Illinois and his part.v chooses every jury of the people where I appeared, and before the people of to publish them at 'their own expense. I am not only willing that Texas wherever I have appeared, I have in unmeasured terms de- they shall publish 10,000, hut a hundred thousand or a million copies nounced mob violence and violations of ln.w and ordor. if they €!ee proper. What I object to is that it is proposed to be done In so far as the facts connected with this immediate case at Ham- at Government expense. · burgh are concerned, I am not· sufficiently advised to pronounce Mr. LOGAN. 'fhat is not the point. The point is whether it is the an opinion; but if it ue true, as has been liere asserted by Senators want of truthfulness of the statement which the Senator objects to who have spoken, that prisoners were murdered, it was a dastaruly or whether it is the expense of publishing it f and cowardly act, and I have no words at my command sufficiently :Mr. SAULSBURY. I object to both. I read statements of the strong to denounce such a crime. Whether the statements made here President of the United States in which be charged upon a few of the be true or not true I do not know, because I am not sufficiently ac- States of this Union that they claimed the.privilege of killing negroes quainted with the facts; but I repeat that, if the statement as made and republicans without fear of punishment. That is not a ch;trge be true, then t.he English language furnishes no words sufficiently a.gainst individuals, because if the President had said there were in strong to condemn such conduct. So far as I know, no such investi- the Southern States individuals who have such an impression his gation bas been had as will enable us to determine the truth or falsity message would not have been subject to that criticism, but he pre- of these reports with certainty. Still, if it does prove true, the crim- fers the charge against several States as claiming the privilege, if the inals should be brought to condign punishment. Senator will mark the distinction, of murdering negroes and repub- Furthermore, I will say that the State in which I live has been the licans "without fear of punishment." I say that is not a statement last foot-hold where desperadoes could plant their feet ; northern t.hat ought to go out to the country from the Senate of the United desperadoes driven from the North as well as southern desperadoes States. The Senator from illinois believes as much as I do t.h at such driven from other portions of the South. A northern man traveling a statement a.s that ought not to be published to the country as ema- in company with two other northern men was murdered in my own nating from the White House. The White House ought to be con- county by one of his own party, and the murderer was convicted tent that tl!e bloody shirt can float from this Capitol. I do not want and sent to the penitentiary for life for his crime. Wo got this refuse to see the Presidential Mansion ma(le the point from which the bloody population, spewed up by the war, not only from the Southern States, shirt shall wave. Rather let the ensign of our freedom, the Stars and but from the Northern States. They were thrown upon our State, Stripes, float from the Presidential Mansion; but t.e ll me not t,bat the and we, the people of 'fexas, a few years ago were helcl responsible home which Washin(l'ton filled, which Jefferson filled, which Jackson for that which it was absolutely impossible, in the very nature of filled, which Polk filled, which a long line of illustrious Presidents thingR, for us to have prevented. It was the last place they could has filled, P,as become the center wheel from which is to flaunt the have gone- to. They went there, but, thank God, most of them bloody shirt that has waved from this Capitol for the last s~veral have been driven away, by the public sentiment of a law-abiding years. people, across the Rio Grande into Mexic.o, and out into t .e wild Mr. LOGAN. Do I understand the Senator now t.o say that he ob- country of the Indians. This very day we have organized in the jects to the President's messa,ge llecause it is not truthful f Is that State of Texas, under a democratic administration, a police force for the point f the very purpose of hunting down and ferreting out those despera- ]);Jr. SAULSBURY. Do I understand that the Senator wanta infor- does yet in the State, wherever they may be found. I refer to the mation f message which the governor of my State delivered at the last meet- Mr. LOGAN. I say then one of the points of objection made by the ing of the Legislature, in which he denounced this lawlessness and Senator is that the President's message is not a truthful message. Is crime in the most unmeasured terms. I have examined many of the that itf papers which have come to me from my Sta,te, and those speaking Mr. SAULSBURY. The Senator may put what construction he of this Hamburgh matter place it as I do, and say tha.t if the fa-ets pleases upon it. I have made all the comments I desire to mako. I be as they are reported it was unjusti£able to th~ last degree, and a. l1ave no clisposit.ion to oc.cupy the floor any longer. If the Senator sin in the sight of God and man, which no good man can indorse; from Illinois desires to discuss this question he can proceed. · but, like myself, they have as y('t no certain, reliable information. I Mr. LOGAN. I have no desire to ma.ke any remarks at all. I wish here to say that I indorse CI'ime nowhere. I condemn crime at merely tie ire to know the position the Senator occupies; that is all. all times and under all circumstances and, I might almost say, in Mr. MAXEY. Mr. President, I had no intention what.e ver to t.ake season and out of season. I remember some seven or eight years ago, any part in this debate and would not have done so hau it not been in the rbys of reconstruction and when lawlessness was at its worst, for a remark which tho honomule Senator from Indiana [Mr. :Mon- I was addressing a jury, ami the court-honse was crowdeu; while I . 'fON] saw proper to make, tha,t is to say, that there were Senators ou this was pro ecnting a. man for the crime of murder, a bullet was thrown floor who unreel not denounce crimea committed in the South. To against the breast of a jur.vru:m, and he picket! it up anti sho\fed it to that point anti that only I care to acluress myself. Since I have mo. It was au inuicatiou of what might be expected; but that man been a. member of the Senate I have never uttered a. word calculated was prosecute(} to tbe gallows anti sulfereu the penalty of the law. ,I in the slightest degree to estrange the sections of this Union, nor sn.y what Se{l:.ttors do not know, us I do, that the good meu of tho hfiove I done so anywhere. I have never in aU the course of my life country in the Southern States, and more e~pecially of such a State 5208 CONGRESSIONAL RECORD-SENATE. AUGUST 5, as mine, which was the last resting-place, as I have said, for despera- is stated in t-he Waco Register; but I have ha-d f1·om many sources does, have bad to show more courage since the war by far than tlley the statement made to me that that massacre was most deplorable. showed dming the war; but the good men have got the upper hand, A colored man, a clergyman and a lecturer, was traveling t.hrough the and through all that land to-day they rule and control it save in the country for the purpose of enlightening ltis countrymen, as I have exceptional cases I have stated, and it is because men had the norve understood. I have not been at home since it occurred. He was to dare do their duty. charged with some offense, I do not know·what, in the c011nt.y of Mr. President, if there bas been a political murder committed Limestone, and was pursued by a crowd, I think a vigilance committee, within the limits of the State of Texas I have no knowledge of that I have always so understood, and surrounded in h1s house at night. fact. He, understanding perfectly well what his fate woull} be, was armed Mr. BOUTWELL. Will the Senator allow me to ask whetllerit is and refused to surrender; but he was persuaded finally, after a par- within his knowledge, or known t.o him by report, that in the county ley, to give· up his arms, and on giving up his arms, be was shot by of Limestone within the last year forty negroes were killed Y It is so five or six persons and killed on t.he spot. Then a raid wa..s made npon reported in the newspapers. , the family with which he associated aml where he stoppeu, I believe. Mr. MAXEY. I happen to know something about the Limestone Always in excitements of that sort crowds of negroes gather like sheep affair and I will state what I do know: There was then under are- in some prominent quarter. They gathered there, were surrounded publican administration a police formed, some of whom were such as and assailed, and on that occasion about forty of them were killed, God Almighty never permitted to curse any country before, and I women, children, and men, as I have understood. hope never will ag~in. That force went into the county of Lime- Mr. EDMUNDS. Who did it f ) stone and entered the house of an old citizen, Colonel Gathings, who Mr. HAMILTON. A vigilance committee of white men, white-liners, . resided near by in an adjoinjng county, and at the hour of midnight or something of that kinrl, it is stated. robbed that old man of $3,000 in gold. That is what took place in Mr. MAXEY. I ask if that statement· is made there in the Waco Limestone County and that is the true state of the eru;e, :My col- Registerf league will verify me in regard to the fact. Mr. HAMILTON. I have uever understood, if my colleague will ..Mr. CONKLING. What followed that T pardon me, that one solitary man of those men has ever been arrested Mr. BOUTWELL. The question I asked was whether forty ne- or tried or punished, and if it is so, I hope my colleague knows some- groes were not killed in Limestone County. thing about it. Mr. MAXEY. I have no knowledge of any such thing as that. Mr. :MAXEY. Does my colleague know in an authoritative way lli. BOUTWELL. It is so stated in a 'l'Qxan paper, a republican anything in reg-ard to that matter t pa.per to be sure, the Waco Register. The number is not stated in Mr. HAMILTON. I have had it from a, number of individuals; from this paper, but it is stated that more were killed than at the Ham- the gentleman who edits this paper while here; I have had it from a burgh massa-cre. gentleman who was run out of Limestone County about that time, 1\lr. EDMUNDS. Why should they not be killed if somebody was Mr. Howa.rcl, and proceeded here to Washington. robbed of $3,000 f Mr. MAXEY. l have only to say in regard to what my colleague Mr. BOUTWELL. This-paper states- states that I supposed when the Senator from Massachusetts inter- In_a. county just adjoining to this, in Texas- rupted me he wa.s referring to a matter which was investigated and known as the Limestone troubles in 1871. I presumed that he was Which I understand is Limestone County- making reference to that, and I answered that point. So far as the there wM a. massacre of equal atrocity to the Ham burgh massaere and in which matter to which my colleague now refers is concerned, I never beard many more were killed, which comparatively few of the people of the North ever of it before. It took place, if at all, since I have been here, and it is heard of at all we suppose. news to me. I have this to say, however, about it, that if the state- :Mr. MAXEY. I know .something of the editor of that paper and ment as made by my colleague is true, and for that I do not vouch I think I know the circumstances connected with this matter. I do nor does he, hecause he does not pretend to have authoritative testi- know that a tax was levied upon the people of Limestone County mony on the subject, then I denounce that as an unwarranted, un- that amounted almost to the confiscation of their property. It was justifiable, unholy, and criminal murder. · levied by a military commander and collected to pay for what they Mr. BOUTWELL. Befo~e the Senator leaves this subject I wish to called tlle expenses of keeping up the police in the county of Lime- make one further inquiry, and that is whether he does not rely npon stone. I have not time to go through the whole of that transaction; the statement made by the editor of this newspaper, who, I understand but will simply say to the Senator from Massachusetts that there the Senator, holds the office of postmast.e.r upon his recommendation' are two sides to the question, and so far as the side of the white peo- Mr. MAXEY. I can only say in reference to that affair that we plA is concerned, I can yery well understand why they were enra.ged. have very few republicans down in Texas that we could" bank on" .Mr. EDMUNDS. What became of the forty negroes, I should like very highly. It is very different from what it is anywhere else. ·we to knowf · have a democratic majority of 100,000, and we have to take the best Mr. MAXEY. I never heard of the forty-negro matter. material we can get for republican positions, and we get no demo- Mr. BOUTWELL. I supposed that from tlle Senator from Texas cratic posi~ions from here. The editor of that paper is about as good we could ascertain the truth without having any one side presented. a-s we can get I suppose at the town of Waco. I know nothing about The report in this paper is that there was a massacre in the county his statement personally, but I am informed that he is a strong parti- adjoining t.hat in which this paper is published, which, I know, is san, and that he gives strong partisan coloring to anything that he Limestone County, and a larger nnm ber were killed than in the Ham- thinks will be to the a.d vantage of his party. He is an officer hold- burgh massacre. . ing a valuable office in the town of Waco, in the county of McLen- Mr. MAXEY. Does it say anything about the number killed there T nan, and I presume, like most in Texas in like position, he under- Mr. BOUTWELL. No, sir; but I understand from other sources stands somewhat how to make the most of these troubles. that the number was forty. M.r. BOUTWELL. It is quite important that the Senate should Mr. CONKLING. The statement is that a larger number were understand whether this is a trustworthy statement. killed than at Hamburgh. Mr. MAXEY. I refer the Senator from Massachusetts to mv col- Mr. MAXEY. I became a-cquainted with the editor of that pn.per league, who is much better a.cquainted with him tba.n I am. • here. He is the postmn.ster at Waco, and upon the recommendation Mr. BOUTWELL. Without wishing to interrupt the Senator from of his republican friends I helped to get him his place. ' Texas-- Mr. BOUTWELL. Then I suppose you believe in his statement. Mr. MAXEY. There is a limit to all things. I have stated all I Mr. MAXEY. He is a strong partisan, and I suppose he made, know about this man. I have known him since he has come here • from what the Senator has stated, a strong partisan statement with- seeking office. He was represented to me as being a worthy man, out specifying any particular .number. I never saw the numbe1· of and I supported him with my colleague to secure the office of post- the paper referred to. master at. ·waco. Mr. BOUTWELL. I do not wish to press the honorable Senator Mr. BOUTWELL. If he is a postmaster, I presume he is to be be- from Texas; but I believe he did state to the Seuate that he knew lieved. all about the affair. He has given us an observation t.hat sounds Mr. MAXEY. I do not know whether he is to be believed or not fur- very much like an excuse for what may have taken place without in- ther than Ihave met him here, as I have stated, in the city of ·w ashing- forming us exactly aa to what did take place. ton, when he was seeking an office, and having met him with such Mr. MAXEY. That matter grew out of a difficulty in which there recommendations as I thought justified me, and knowing that no was a colored man who was a complete desperado and considered so man of the democratic party, however respectable be might be, couJd by all men. It resulted from the shooting down in the county Qf Lime- get an office, I united in his application and he was confirmed ; and stone in cold blood of a citizen, and from that this difficulty sprung. that is all there is about it. This police force wa..s sent there and the property of almost every citi- Mr. BOUTWELL. If the Senator will allow me one question-- zen was taken to pay the expense of sending the pGlice there. Mr. MAXEY. Go on. Let us hear what you have to say. Mr. HAMILTON. I beg to correct my colleague in tho statement Mr. BOUTWELL. It is simply this: Whether when this affair about.this affair. This massacre is said to have occurred about eight took place in which forty n~groes were killed and, as the colleagne or nine months ago. The police were sent up to Limestone County of the Senator says, not one of the mnrderers to his knowledge llas in 1871. been punished, the goveruor and administration of Texas were not Mr. MAXEY. That is the affair I supposed the Senator from Mas- entirely iii the hands of tlle democmtsf sachusetts was referring to. Mr. MAXEY. I will st..'tte tltat t.he editor, as I understand it, has Mr. HAMILTON. I am not prepared to st.ate positively about what made no such statement. You may put this and that t.ogether. It is 1876. CONGRESSIONAL RECORD-SENATE. 5209 not to be presumed that every man in the State of Texas reads that hearts which the late President of the United States but a few days paper-and I do not know the number who do-knows the number before his death expressed when he said "charity toward all an.r e killed at Hamlmrgh. Certainly I do not. He speaks in malice toward none," if we would do unto others as we would have general terms of the massacre at Hamburgb, and he says, as is stated- them do unto us, we should not consider it just, fair, or right. to make for I have not seen the article and have only heard it as it has been such charges against the whole people of the South who under these read-that there was a ma.ssacre equal to that in a county adjoining infortuitous circumstances have been struggling as they have been. his, stated in equally vague and general terms, withont specifically Think of it l Their property gone, their labor Rystem changed as it stating ~he facts. I do not believe that there was such a massacre, was at the close of the war, their farms devastated, their homes deso- as is stated, of {orty colored people. I do not believe tha,t part of the lated, all they hold ·near and dear on earth almost lost, everything statement. There may have been some difficulty there, and some per- except the life of those who survived, but little property left in all sons may have been killed, but as to forty being killed, I not believe that country, and in that condition of things the entire control of it. Nor does Mr. Chase say that number WM killed there; but it almost all these States was .taken from the people who bad thereto- makes no difference whether one, five, ten, twenty, or forty were fore had control of them and given to strangers, strange rulers put killed, if the facts are that they were murdered in cold blood, as has over the people and asystemadoptedsuch as had never been known, 'been sta-ted by my colleague, upon llis information, then I denounce the system of reconstruction, to any civilized nation so fa.r as I know. that as an unwarranted, unjustifiable, aud unholy crime. But as I Under all these adverse circumstances, with an enormous tax of from have again and again stated, I have no knowledge or information of two and a half to three cents a pound laid upon the little cotton which this a1i'air further than has been stated here. If it occurred at all, they were enabled to raise and every other species of tax that the it has been since I have been here in attendance on the Senate. And State authorities could devise, under all thAse circumstances I ask if I woulcl go as far toward prosecuting, were I in the State of Texas and you should charge upon these people every crime that \Vas committed, living in that portion of the State, those who were engaged, if such not by them but in their midst, when they were struggling ag:1inst were the case, in such an unholy deetl as any man within the length poverty, when they were struggling to keep want from the door, and breadth of this land, north, sout1, east, or west. when they were struggling to feed wife and children, when they had Mr. PATTERSON. Will the Senator from Texas allow me to ask not ihe power, when the administration of the laws was not iu their him a question Y The Senator says be has never heard of this. I hands, but in the hands of stmngers. ask him how far Limestone County is from his own residence in I ask if it is just that these men, good and true, such as the Senat~r Texas f 1 . from Indiana admits to be good and true, should be cl}argerl and held Mr. .MAXEY. I suppose three hundred miles. Limestone County responsible for crimes con!mitted by murderers and desperadoes antl is not one of our most populous counties. Speaking from memory, I the foul scum of the earth thrown to the surface by the war, preying should suppose it was about three hundrAd miles from my residence. upon all alike, respecting neither one side nor the other, looking alone I was never in Limestone County in my life, except passing through to gain. It was the money they wanted, and for that they would kill on the cars. I only know the county by the map and seeing it named a democrat as quick as a. republican. It matters not who possessed in the newspapers, and from what could be seen passing through on the means, it was the money, the gain that they were after, and those the cars. of us who live in that country know that to be true. Mr. PATTERSON. Is there a democratic paper published in that So far as these political crimes are concerned of which so much bas county? been said personally I have no knowledge. Within the entire ex- Mr. MAXEY. I think so. There are one hundred and forty-Reven tent of my acquaintance in Texas, which is somewhat extensive, I or more counties in the State, and I do not assume to know all the have not knowledge of a single instance of that kind. I do know, papers that are published in Texas; but there are democratic pap~rs however, that when I am at home republicans meet me there as in most of the settled counties. If Senators, whose questions seem friends and neighbors, the same as democrats. 1 do know that unt.U to be more to endeavor to throw me off my guard, which is difficult, a.very recent day and upon his own voluntary action the cashier of rather than to seek real information, will permit me to go on with- the bank in my town, in which I am a stockholder and a director, is out further interruption, I will proceed with what I have to say. a republican, and there was personally not a. more popular man iu all I rose for the purpose of saying that if crimes are committed any- that country. \Ve make no distinction where men are respectable. where within the limits of t.be State of Texas, the only StaLo for We want people there, honest, good, upright people; and when we which I am in any sense responsible as a private citizen, to the fullest get them there, if we have the ability to do it, and we do our best extent of the ability which I have I dare to denounce crime there to do it, we will make democrats out of them ; but we will let them and to prosecute crime tbore, as I have done when there was danger exercise their own free will and do as to them may seem best. in such a course; for, Mr. President, seven or eight years ago, when Now, Mr. President, I answered in regard to what I suppo. ed was the whole country thero bad been flooded with the murderers and th~ allusion made by the Sena.tor from Massachusetts to tho troubles desperadoes from the North as well as from the South, it required in Limestone County in 1871. I am told by my colleague t,hat it was some nerve in a law-abiding and peaceful man to stand up and de- not that, but it ·was another one that he referred to. I have statetl nounce and prosecute crime; uut now we have in the main got pos- all that I care to say about that. I state here again that there are session of the country, and, in so far as the recent acts of desperadoes crimes, as I judge from the public print.s which are sent to me, which are concerned, the one referred to especially I know nothing of. I havo been committed throughout the State, snch as occur iu ev(>ry have heard of some, however, through the State since I have been State, and I say in addition that the ch·il authorities of that S~ate 11ere. I do know that a company has been recently organized by the are doing all in their power to suppress these crimes and have taken democratic Legislat.ure of the State of Texas for the very purpose of the extraordinary. step· which I have just now mentioned of organiz- hunting ring the offenders to condign punishme11t! Is it treme land in that direct.ion belonging to the Federal Union. We 1·ight to charge crime upon a whole people because of such cases¥ got mor~han onr share, for it was the last resting-place for tho foot And, sir, if we obey the golden rule? if we had that feeling in our of these men, and when driven from the North by your strong laws, 5210 CONGRESSIONAL RECORD-SENATE. AUGtTST 5, as you ought to have driven them, when hunted down and you could soldiers. I think not, and the man does not Jive on earth who can not catch them and they escaped, they found their last resting-place find such a thing in any remark I ever m:c1de here or elsewhere. in Texas. - - Mr. McMILLAN. I hope the Senator will not attribute to me such Mr. PATTERSON rose. a motive. That idea never entered my brain at all. Mr. MAXEY. I beg t.he Senator not to interrupt me, for it is very Mr. MAXEY. I am willing to conduct a dignified debate. I am disagreeable indeed to be interrupted at almost every sentence. not willing to be catechised by everybody who seeks to ask a ques- When they found Texas the last resting-place where they could put tion. I will answer in courtesy everything that is properly put; but the sole of their foot with any hope of evading the law and the there is a limit to all things. State had bad men thrown into it from the North, from the East, Mr. McMILLAN. In justice to myself as well as the gentleman, I from the ·west, and from the South, it was that elMs of men who wish to disavow any such motive. Such a motive never entered my have no personal interest or care for the rights of white or colored head when I made the inonirv. I do the Senator the honor to sav men who were the worst enemies to the. law. They were the worst that for him I have the high~est respect, and I know be woulu not enemies to the people, white and black, in that land. make a statement of that kind. It was only in justice to the nort;h- .Mr. EDMUNDS. What did they do f ern solcliery that I pnt the inquiry, and it was for the purpose of dis- Mr. MAXEY. Sir, I am speaking of the da,ys of reconstruction be- abusing the minds of the Senate or of the country, if the remark goes fore the democratic party bad any control of the State, as thank God to that extent, that any such result as the Senator indicated had been it does this day; I am speaking of the days of reconstruction when the case; anu· I do hope the Senator will not attTibute to me such a. lawlessness of every description went unwhipped of justice, and for motive as be has. It does both him and myself injustice. which we are not responsible, for we in nowise controlled tho State; Mr. MAXEY. I thn.nk the Senator for his correction, and I am glad the best men of Texas were disfranchised, not permitted so much as to take it. I never desire to do any one injustice; it is the last thing to vote or hold office; and for that condition of things and all that in my nature to be unjust to anybody; but it seemed to me that t.bese took place until the democratic party acceded to power in that Sfate, constant interruptions had some purpose in Yiew. I will say to Sen- I do not in any way hold the democratic party responsible. I only ators that I am sufficiently old in the practice of tho law to answer have to say, as I have said before, that everywhere during all those a great many questions without being thrown out of harness; but dark days I stood up with the good men of the State with all the there is no lawyer here but knows that if he is constantly interrupted power· that wa:s in me and I battled for law and order and I advised it breaks the thread of his thought, and he cannot pos~ibly do him- the people of that country, distasteful as the government under which self or his theme the justice he otherwise could. I only ask to pre- they then lived was, to observe and obey tile laws and wait for better sent my own side of the question; and, when that is done, if · I havo times, and I have no doubt that when the Senators who have been said anything that any one excepts to, I shall be ready to reply to assailed here by the suggestion that they dared not stand up and vin- that. But I think it is bnt justice that I should state my story in a dicate the law, who can answer for themselves ancl not I for them, plain, straightforward way for the benefit of the Senate and tho speak, they can give the same account. And I say that I was not country, and then whatever may be sai{l in reply, let it be said. alone, but that good men and true all O':"er Texas fc:ulessly upheld I now wish to add that in so far a-s my intercenrse with the mem- law and order us far us was in their power, and so continued until bers of tho Senate is concerned, I have been treated with tho utmost crime ceased to go nnwbipped of justice. courtesy by every member of this body, republican as well as demo- Mr. McMILLAN and Mr. PATTERSON rose. crat; and the Senator who made the remark this morning to which Mr. McMILLAN. Before the Senator from Texas takes his seat, I refer, the Senator from Indiana, and in answer to which I rose, has will he allow me to ask one question t · always treated me with the most perfect courtesy. I have not; a lin- Mr. MAXEY. Yes, one at a time, and we shall get through better. gering feeling of hate or malice toward a human being in the entiro Mr. McMILLAN. -The Senator has said that after the close of the North. We fought this war, so far as I was concei.'ned, squarely alld war a lawless element was thrown out upon the North and upon the fairly like brave men; and, when the last shot was sounded, and the ·South. Now, I should like to inquire from the gentleman what in- confederate flag was lowered, and I took my parol to observe and stance he can name in regard to any lawless element thrown upon obey the laws in force in the State where I reside, I did so in good _the North from the Army f I do not understand that the result of faith; and from that day to this I have never directly or indirectly the war brought upon the North any lawless element, but that the done anything by any remark of mine calculated to -produce clisconl soldiers of the Army came home honest, faithful, law-abiding men; or dissension between the sections of the country. On t·he contrary, that they entered into their communities and took their part as citi- Mr. President, I would rejoice to-day to see in all the length ancl zens aml have faithfully performed it; and I have never heard in the breadth of this land of ours, North and South, East and West, that North of any lawlessness or of any disturbance or of any demoraliza- same fraternal concord, that same unity and ·harmony of sentiment tion resulting to northern soldiers from the war. On the contrary, I that existed when our revolutionary forefathers, at the close of seven have known instances where men baYe come through that great long years, triumphed and gained the liberties of the American peo- scene of conflict better men, better citizens, and have discharged ple. We are one people; onr destin-y is one ; we are bound to~ether their duties faithfully ever since ; and that applies to all the north- in one common Union. It does seem to mo that everything calcu- - ern soldiers. I never have he.ard of any 1lwless·element resulting to lated to bring about discord and dissension in the land is but a born b- the North from that war. shell thrown in to produce consternation and destruction. I want to Mr. MAXEY. I am very glad, indeed: that the Senator from Minne- say to t4e Senator from Minnesota, and he has recently been South sota has intennpted me, for it opens out a train of thought that I am in the State of Mississippi, that so far as I know, and my acquaint- glad to place on record. !have said on occasion, perha·ps not here but ance is extensive, there is not a prominent man in all the length and tlown in my own State, that since this war has closed I have met the breadth of tho St,ate in which I live or in the State of Louisiana, bold and brave soldiers of the North upon terms of fraternity and where I am next best known, or in the State of Arkansas, lying next good-fellowship. We have str_uck the right hand of friendship and adjoining-in those three States there is not a prominent man I know fellowship together, and'l say to-day that if we could have left this but entertains the same feelings that I do, hoping, trusting, and pray- matter of estrangement between the North and the South to the two ing that this war of hate will be buried forever, and that in this one- armies that fought the battles, it would have been closed years and hundredth year of the independence of American freedom we can years ago. But, sir, you could scarcely find a man who served in high again meet as we met at Yorktown, at the close of the war of theRevo- command in the Federal Army, I presume, who would say that in all 1ntion, in one common brotherhood, knowing no North, no South, no his comm:wd there were no bad men. If there was such a company, East, no West, loo"h:i.ng alone to the preservation of the glory of our it was a company of saints which was never heard of before from the common flag, the prosperity of our whole people, and a happy des- days of Hannibal down to the time of which the Senator from Minne- tiny for our common country. sota speaks. I speak of my own country, and I say I believe a braver, Mr. PATTERSON. Before the Senator takes his seat I should like a bolder, a more gallant or daring set of men never shouldered therifie to ask his attention to a question. I understood the Senator from than the soldiers of the confederate army, and yet in tha.t army we Texas-- had bad men; and that I presume to be the case with every army ever 1\ir. MAXEY. Before the Senator asks his question, I beg to do an organized from the days of Hannibal down to the last gu.n th-at was act of duty. The floor was yielded to me by the Senator from K:m- fired at the surrender at Appomattox. sa-s [Mr. HARVEY] as an act of courtesy; I told him for ten minutes. Mr. McMILLAN. My point was not that there were not bad men, I told him w ha.t I thon thought would be true. I had no cxpectv.tinn individuals, in the Army from tho North, but that the war resulted in the world of occupying more time than was neeuctl simply to state in no demornlization of the northern A.rmy. what I wanted to state, that so far as I was concerned I was a ln,w- Mr. MAXEY. That is a philosophical question about which the and-orle persons. The visitors l\lr. EDMUNDS. As they call it. wondered very much, of course, how this picture hatl bad that effect, M.r. MAXEY. The Senator is talking about So_uth Carolinn. mat- and were afterward informed by an aid-de-camp of the marshal that ters. Let him answer for South Carolina matters. the old marshal threatened to have the ownen~ shot if they did not .Mr. PATTERSON. There are some gentlemen in that list from give it up. [Laughter.] That is just the kind of regard' that the Georgia. I do not know them; but I would a-sk Senators from Georgia democracy entertain for the political rights of the negroes. They say · if tlley are gentlemen f in effect to t-hem, by these occurrences, by their character, by their The PRE~IDENT pro tempore. The Senator from Kansas [.Mr.HAR- sequences, "Give up your right of making a free politi11al choice and VEY] is entitled to the floor. you will be protected, yon will not be shot down like doers." You l\lr. PATTERSON. I hope the list will be read. I shall be obliged can see evidence of that every time these occurrences are afiuded to. to the ~enator if he will allow the list to be read. We are reminded that they occur in States where the officers are re- Mr. HARVEY. I yield to the reading. publicans. The Senator from Ohio emphatically reitOJ:ated that as- Mr. ANTHONY. What is the list! sertion this morning. What is the inference to be drawn f It is this, Mr. PATTERSON. A list of persons returned by the coroner's in- that whenever you will yield, whenever the colored and white repul>- quest for whom warrants have been issued for being implicated in the licans of a State wilt _y ield their rigbt to a free choice of officers ancl Hamburgh massacre. of the party t.hat they prefer, then they may have peace. Even Mr. . .The Chief Clerlr read as follows: Tilden as quoted by the Senator from Ohio is reported as saying some- .A iken men-R. J. Butler, Dr. Shaw, Rev. John Mealy, Thomas Butler, A. P· thing like this: that we may have peace on the basis set forth in t.he Butler, HenryGetsen, WilliamBriggs,JohnButler, Harrison Butler, Luther Reese. platform of the Saint Louis conventton. I have no doubt he thought l)J.Jnbat· LaJDar, Pierce Butler, Crayton Matheny, Cornelius Benson, Aaron Tyler, we might have pe~1ce on the basis of the platform which lle belpefl to Charles Coffin, Thomas Shiver, John Crawford, Robert Gardner, Jack Vandiver, make in Chicago in 1864. [Laughter.] But it is not for Mr. Tilden Charles Kornagh:m, Walker Matheny, Fran'k Taylor, (colored,) Isaiah Marshal, (colored,) Geor_ge Vincent, Arthur .Johnson, Dr. Hugh Shaw, Geor_ge Bnsel, John or anybody else to dictate to the people of th(:l United States on what l3uscb , Leroy Hammond, Jame.g Hammond, James Smith, John :::~mitb, Thomas basis or on the platform of what convention they may have peace. Smith, Daniel Glover, 11obert Morgan, John Lamar, Samuel Page, Luther Ra.I::ldon, They will have peace upon whatever platform they choose to support. Thomas Plunkett, Frank Kramer, John Oliver, Benjamin Vandiver, and Pleasant I said in the beginning that this bad been alluded to as a war of Spin all. Edrrfie 1rL men-M. C. ;But.l er, Benjamin Tilman, Charle.g Glover, Frank Settles, hate. It is a war of hate on the pa.rt of t.he lawless element con- Joseph Merriwether. John Swearinflen, James McKie, Tol Glover, George Ac.lams, nected with the democratic party. I do not say in the South alone, James Lanham, William Glover, Jonn Roger, anc.l Augustus Glover. for that lawless element is given to acts of violence, not in the South Georgia num-Thomas W. Carwile, William Robertson, James Clark, Dish Ramey, John Smit·h, Garland A. Sncad,·Joseph D . Twiggs, RobertCbafee, Kinlocb Cbafee, alone, but even in the North. During the war the draft riots iu Leopold Myers, William Peml.>le, John Bridges, Uaptain Conway, Mu1ty T:.u-ver, New York occurred, which were alluded to the other day. The Sen- John Damish, - - Hezzie, - - Hozzie, Gcor_go Uood, Jame Glover, ·william ator from New York, [Mr. KER~AN,] making the best defense tbat Antignac, Nick Bullinean, Polk Thomas, Daniel Hertz, Jacob Hertz, Mike Coone1·, was possible to make for the democracy and for the governor of that Habo Bowers, Sam Whaley, John Mc:Kaer, John Kirkpatrick, .and John Twiggs. State in connection with that affair, endeavored to set forth and Mr. PATTERSON. I do not know anything about the persons make the Senate believe that that riot was instigated l>y the fact named from Georgia; I do not know a.H the persons named in South that the law ordering the draft contn.ined a provision by which men Carolina; but I do know a good many of them personal~"?' and I paying $300 could be exempted from the eftects of the draft, and he know a good many of them by reputation, and I have ~o \···. ntation used w.ords which were intended to imply that even republicans might in saying that they were never spewed up by any revohtion. They have t.akan part in that riot. I am well satisfied that snell was not represent the very best families and the very best blood in South the case; and for this reason: r~pub1icans, no matter bow unable to Carolina., as they claim, and they are, some of them, very good peo- raise $~~00, no matter how poor, bow wretched, even how ignorant, ple, I will say. I was unwilling to let such a statement go t.o t.be have no politi.cal instincts which impel them to murder inotf(msiYe country as was made by the Senator from Texas without a contra- negroes, men, women, and children; !l.nd that wa-s the m9 t promi- diction of that kind. nent characteristic of the New York mob. That was the way in· Mr. HARVEY. As far as the question of time is concerned between which it vented its rage, showing plainly its political character and myself and my friend, the Senat-or from Texas, I will make that all its political affiliations. right by making a ten-minute speech myself, and in doing so I will It. is no use to talk in this connection about the hatred of the re- talk but very little if any about the last war, but a lit.t.le about what · publican party and of republican Senators to the South. I certainly he styles the present war of hate; and iu that connection probably entertain no such hatred. I have friends and kindred there. I hope it aa well to inquire how the last engagement, the last collision oc- for the prosperity of the South. I am willing and anxious to do curred in the war to which he alludes. How were tile people who everything I can to bring it al>out; but I assert without fear of con- were murdered at Ham burgh engaged at the time f It seems from tra-dietiou tbat there cannot be prosperity North or Sont.h when a the history of the case that they were marching along as a militia minorit-y of the people endeavor, through deeds of violence, through company under the State law of South Carolina, engaged in celebrat- intimidation and murder, t-o bring al>ont a revolution. These things ing the one-hundredth anniversary of the natal day of the Republic must be brought al>out by appealing to idea-s aud the prevalence of which they are citizens as much aB the Senator from Texas, the of opinions. It cannot be done in the way that a .c ertain element in Senato·r from Delawa,re, or myself, or any other Senator here. They the democratic party of this country is endeavoring to bring it al>out. were as much entitled to celeurate that; day in the way they saw fit I know that there are many honorable and high-minded gentlemen as either of us. They were maruhing peacefully along the street of in the democratic party, men for whom I entertain personally the the town in which they live. They were not bearing the ''bloody highest regard, but I think they are a little too sensitive when they shirt" that the Senator from Delaware talks about so much. Th~y resist the etfort that is made to make it known to the world who the were bearing what Daniel Webster called" the gorgeous ensign of parties are that are engaged in this violence, this war of hate, this t.he Republic," a banner which t.bey had the right to bear. They attempt through mnnler to bring about a political revolutioa. It is were not'' on bloody deeds intent.'' They were behaving themselves true, these men, l>ein~ as the Scn:.ttor from South Carolina says of the as peaceful, go.od, citizens of the State of which they were natives first families of that State, may feel somewhat hurt to have it known and citizens. throughout the world tha,t they have beeen guilty of cowardice and l\J ,., SAULSBURY. Will the Senator allow me to ask him aqucs- of atrocious acts of which Sitting Bull and the Sioux Indian.-, woulcl tion t Does he speak of matters of his own knowledge or from llear- be ashamed; uut it ill hecomes gentlemen who have here endeavored sayt to prevent t.llc eo-nntry from knowing these bets to sta.n1l between .Mr. HARVEY. I am speaking from knowledge acquired from the the perpetrators of sueh rLtrocititls aud the intlignation that public examination of good authority, the proper authority to give us infor- opinion will visit upon such acts. mation on this subject. And in this connection I will say that the Mr. _McCREERY. .Mr. President., we have harl a very heated parti- republican party is not responsible for this war of hate. The Senator san discussion. With a view of furnishing a litt.le ttme to cool off, from Texas said that in his State there were not many republicans which is probably proper, I propose that the Senate shall do an act that it would do to bank on. It may be that these repul>licans in of justice to a very old man, just pass by unanimous consent his bill South Cal'Olina would not in his estimation do to bank on. But, sir, and then I am done-- 1 will sa.y to him and to every Senator here that It is my opinion tllat .Mr. EDMUNDS. Tbeu you are done. the republican part y will not much longer permit republicans, even Mr. McCREERY. Do you objcct'l though they may not be con idercd wott.by to be banked upon, to be Mr. EDMUNDS. I certainly do. sl.tot down in t heir own homes, oveu by tl.te descendants of Calhoun, The PRESIDING OFFICER, (Mr. BooTH in tho chair.) Is there McDuffie, or Bntler, or any other of the best familie~:~ of South Car- objection to the request of tile Senator from Kentuck:y J - 5~12 CONGRESSIONAL RECORD-SENATE. AUGUST 5, Mr. EDMUNDS. Yes, sir. Mr. President, I wish to do an act of under great provoc:1tion ; and yet when those eminent democrats, justice to a great many old men and to the memories of some who thus retained and thus paid, appeared and beard the undisputed tes- have gone to their graves through the action of the political associ- timony, they threw up their briefs and retired in sorrow and dis(Tust, ates of the honorable Senator from Kentucky. and left these descendants of the first families and their assocint~s to Mr. .McCREERY. I deny that, sir. take the penalties of the law. ~Ir. EDMUNDS. Well, Mr. President, the plea.ef "not guilty" is a Now in respect of these recent affairs t.he Senator inquires why does proper one, I aumit. Everybody puts it in. not the State juriRdiction take hold of them. Yes, sir, why does it ~Ir. CONKLING. And a majorit.y can decide it. [Laughter.] notT Under the United States jurisdiction there is a sect.ion of the Mr. EDMUNDS. Of course a majority can decide it, and the ma- law to which he misreferred, but it iM still in the law. Be referreenue derivable from general taxation. backs on the constitution aml the law as mere figments of the imag- ination and set up for themsol ves according to their own notions. There was a positive requirement that an absolute qnarter of the Mr. MAXEY. Now if the Senator will permit I will read what the general revenue of that State should be appropriated to public schools. democratic constitution is. Now what does the Senator's democratic constitution say f I beg of Mr. EDMUNDS. Let us hear it. I could not get it at the libl;'ary him to listen to it. · and I am glad to get it even at second-hand. Sec. 3. There shall be set apart annually not more than one-fourth of tl1e :!en- Mr. MAXEY. It is as follows-: era! revenue of the St.a.t.e, and a poll-tax of 1 on all male inhal.Jitants in tl1is State between the ages of tw~nty-one an1l sixty years, for the benefit of the public free .A.nTICLB VII. schools. ) EDUCATION-THE PUDLIC FREE SCHOOLS. That the Senator regards as democratic improvement ior free and SECTION 1. A general di.ff'ngion of knowledue being essential to the preser>ation uni>ersal education t!Jat his good governor says, where talk is so of the liberties and rights of tho people, it s'hali be th~ duty of the Legislature of cheap, is one of the things necessary to the pro perity of a republican the tate to.e.stablish and make 8Uit.able provision for the support and maintenance of an efficient system of publio free schools. State, as it is. The constitution that the rebel State of Texas ac- SEc. 2. All funds, land!i, and other property heretofore set apart and appropri- cepted upon it.s honor and good faith as the price of liberty aocL jus- ated for the support of public school8; all the alternate sections of lantl reserved tice, and under .which the honorable Senator took his seat from that by the St'\te out of grant.'! heretofore made or that may hereafter he made to rail- roads, or other corporations, of any uature wbatlloever; one-half of tho public dn- rP-constmcted State, declares that one-quarter of her general reve- main of the State; and all snros of money that may come to tho State from the sale nues should forever bo appropriated tQ improve the intelligence and ofAany port.ion of the S.'\me, shaiJ constitute a. pm·pctllll.I public.sohool fund. diffu e education in that State; and now comes thE} democratic revo- ;:mc. 3. There shall be set apart annually not more th:m one-fourth of the gen- lutionary convention and in forms and ways denounced by tho very eral revenue of the State. alHl a poll-tax of $Lon ;~oll male inh~bitants in thi!i State constitution itself proposes that the Legislature shall not appropriato between the ages of twenty-one am! sixty years, for the benefit of the public free schools. more than a quart-er of her revenues for public schools. Do you not SEC. 4. The lands herein set apart t.o the public free-school fund ~hall be sold see the difference f · • · ' nntler such regulations, at such times, and on such terru8 as may bo prescribed by .Mr. :MAXEY. Mr. President- law; and the Legislaturt> shall not have power to grant any relief to the purchasers thereof. 'l'he comptroller shall invest the proceeds of sucl1 sales, and of those ht're- 1\lr. ED.MUNDS. 0, no; my friend can waitnowuntil i am through, tofore made, as may be dirooted by the boarrl of education herein provided for, in I think. I have not quite ~ot done with him. the honds of thil; State, if the same can l.Je obtained, otherwi:oe in United .States That, Mr. President, is the difference. A republican Conable therefrom aml the taxes herein authorized and . levied shall be the available schcol fund, which shall be applied rebel State of Texas said "Yes, we return to fraternity on tho e annually to the support of the public free schools. AUil uo law shall ever be en- terms," bnt they no sooner return than they turn their uacks on their acted appropriating any part of the permanent or available school fund to an·y plighted faith anu tell their Legislatm·e that they need not appro- other purpose whatever; nor shall the same or any p:trt thereof ever be appro- priate a fourth of the general revenues for the purposes of schools. priated to or used for the support of an.v sectat·ian chool; and the available school fund herein provided shall be distrilmtcd to tho several counties accortling to their They say that not more than a qnarter ~:;ball ever be appropriatell, scholastic population, and a.pplie1l in manner as may bEl provided by law. insteatl of saying as the old constitution uid, that every year when- SEc. 6. .All lands heretofm·o or hereafter grantetl to the several counties of this ever a poor man, whit-e or bl:wk, was taxed on the little property he State for education, or schools. arc of ri~ht tho property of said counties respect- ively to which the~ were granted, antl title thereto is >08totl in saitl counties, and lla.d, a quarter of that tax should go to the education of his and his no atlverse possessiOn o•·lirnitatiou shall 0\01' bo availabln a._!!ainst tho title of any neighbor's children; aud this reformed, enlightened., pi·ogressive em- county. Each county may sell or dispose of its l:uuls· in whole or in part in man- pire-republic of Texas comes to us now aud sa.ys through the mouth ner to bo provided by the COilllllissioners' court of tho county. Actual settlers re. of my distinguished friend that this change in her constitution, ac- siding on sa.id lands shall be protected in the prior Iight of purcha8ing the same to tho extent of their settlement. not to ex:ceod ono huntlred ami sh'ty ncres, at the complishetl by revolution as it was-unt that is nothing to this point- piice fixed by said com·t, which p1·icc shall not inclncle tho value of existing im- is substantially an advance in ·favor of the free. diffusion of intelli- provements made thereon by such setllers. Said land~ anti the proceetls thereof, gence in that State! Why, Ir. President, I am amazed that any- when sold, shall be held by said counties alone n.s a trust for tho beoetit of public body should unuertake to defend a change in a constitution of that schools theroin; said procoods to be invested in bonds of tlle State of Texas, or of tho United States, and only the iutere.<;t thereon to be us~d antl expended annually. character. SEc. 7. Separate schools sh,'lll bo provitled for tho white and colored chlltlren, aud What is this permanent school fund, making the best of it, or her impartial provision shall be ma-de for both. governor's report f Two million and a haJf of dollars or whatever it I will state here that the Senator from Uississippi who sits in front may be. Suppose it was in good bonds and well invested, what do of me [Mr. BRUCE] states that they llave thtj same system in Mis- you get a year from it at 6 per cent. r Oue hun1lred and twenty or sissippi aod that it works well there. one hundred and fifty thousand dollars or whatever it may be tor a' SEc. 8. The governor, comptroller, and secretary of stat.e shall constitute a board State br~er than the whole of New England and the great Stato of of education, who shall dist1ibute said funds to the severaf counties, aut! perform . New YorK to apply to schools, ann for all the rest yon have got to such other duties concerning public schools as ma.y bo prc;acribe;l by law. depend upon a-sking the good-will of a democratic legislature who , 1876. CONGRESSIONAL REOORD-SEN...t\.TE. 5215 seem to have been so dissatisfied with the constitution that made it has been the election of my honorable friend, [Mr. MAXEY,] and that a duty that they were rea.Uy to violate the constitution itself to get I admit to be a good evidence; but every other act that slle has done rid of it. If that is democracy, I beg to be excused from subscribing t.hat affects public affairs in the general sense of the subject we are to it. now speaking of ' has been going backward with steady persistence. Mr. MAXEY. Mr. Pre ident, will the Sen~tor yield to me now T I submit to the candor of my honorable friend from Texas, [Mr. .Mr. EDMUNDS. With great pleasure. MAXEY,] whose knowledge of the law and whose statesmanship and Mr. MAXEY. He has sta.ted but a very small and a very trifling whose acuteness I n.dmire, that he cannot take the olll. constitution portion of the school fund which is perpetually set apart, two mill- and the new one and say that the new one is promotive of the objects ions and a half of dollars in bonds of the United States. There are of education as compared with the old, but the reverse. 30,000,000 acres of located lands and 31,000,000 acL'es unappropriated. Mr. MAXEY. I will state to the Senator from Vermont that when- besides the poll-tax on all persons between the ages of twenty-one ever that memorial comes' up or a report upon it from the Judiciary and sixty years. Committee com·es up, I propose to be prepared to reply to it. In this Mr. EDMUNDS. Yes, I know. Now let us see. There is land, debate it does not properly come in. 30,000,000 acres of unappropriated land. Mr. EDMUNDS. I snppose not. Nothing properly comes in ex- Mr. MAXEY. Thirty millions located Janel and 31,000,000 unlo- cept the denunciation of our friends on the ot.her side of what they cated. call republican hate. That is a.Jl that seems to be proper in this de- ,, Mr. EDMUNDS. Sixty-one millions t"hen of unappropriated lands. bate. When we cry out against the invasion of the rights of Ameri- Mr. MAXEY. No, sir. Thlrty millions have aheady been appro- can citizens; when we the responsible agents of the Constitution priated nnd belong to the school fund. untle1·take to inquire into how the liberties of American citizens are Mr. EDMUNDS. ~he Senator is caviling about a term. I repeat protected, we are only replied to b.v the words "republican hate" and if he will be good enough to believe that I understand myself-- ''bloody shirt; ~' and when, in answer to Senators on the other side, Mr. MAXEY. I will state to the Senator that I never cavil about we go into th~ riature of their institutions and the tendency of their anything. I say 30,000,000 acres of land are already segregated from politics, they ·say. "0, no, we are not ready now, we will t~ke that the public domain and belong to the school fund. It is appropriated np some other time." Well, Mr. President, I propose to take it up now, land. Thirty-one million acres have lJOt been located. inasmuch as it is a fit and proper element necessary to the uiscussiou Mr. EDMUNDS. I am quite certain I understand the Senator, and of the general question into which the Senators have gon~ as to the understanding him, I repeat that you have got 61,000,000 acres of condition of. these States to which we have referred. 'Vhcn the phy- unappropriated lands, that is, lands that are not appropriated to the sician is called to a disen.se, n.s you all agree that this Hamburgh af- raising of any money or that do not raise any money. I am not upon fair is, which is only one of a hundred, the tirst thing that the ~ood the question of whether they are segregated or non-segregated, if the physician does is to inquire into the habits and the life of the patwnt, Senator will pardon me. how came he to break out with this violent disorder, what sort of a Mr. MAXEY. They are anthoriied t.o be sold and the proceeds put constitution had he, who were his associates, what wns his manner into the fund. of life, what led to this sudden and violent disea.s e that has appalled Mr. EDMUNDS. So they are undoubtedly, and so are all the lands all his neighbors anll. killell. so many of his friends and associates. of the State authorized to be sold, and so are all the lands of the Is that not fairY United States. As I said before-for I do not speak in ignorance of I allude to this Texan matter now because tl1e Senator took up the to the constitution of Texas, the Senator will give me leave to say, as State of Texas in' order show that there prevailed peace, good or- I said before he spoke of it at all, this provision for the schools in der, prosperity, equal rights, and public instruction since the demo- respect of public lands, for the next twenty years, the next five years, cratic party got into power. In answer to that, as well as a fit and the next three years, the next two years, is absolutely inefficient and proper element in this discllSSion, I propose to show as the trut.h almost valueless because the greatest necessity for education is now, really is, and the Senator upon his intellectual knowledge of the and where now the greatest necessit.y is you have lanu. English language cannot read these two constitutions and deny it., Mr. HAMILTON. Will the Senator from Vermont allow me to say that this democratic revolutionary cons~itution goes steadily back- a word f ward in respect to public instruction; goes backward, I suppose, Mr. EDMUNDS. Yes, sir. from a policy and a purpose, and that policy anu that purpose is Ollt} Mr. HAMILTON. Referring to the school fund of Texas, I beg to that bas been stated b~ democrats in public debates in some others remind my colleague that the constitution of 1869 required all the of the southern States to be in order to restore the ancient order of school lands belonging to the counties to be put untler State control. things in substance although not in form, and that every triumph Each organized county of the State had four leagues ·o f la.nd located thn.t the rebellion expected to achieve, except independence, could and patented. Those lands were required.bythe constitutio~ of 1~69 still be accomplished in another way, and that in respect of labor and to be turned over to the S• ate to be used for the school fund, because education and all the old relations of an aristocracy to a serfdom, the framers of the constitution had no confidence in the manage· the old baronial system, as Governor Smith, of Georgia, called it, ment of that land by the counties. There would be no uniformity; conlcl be restored without getting themselves within the re::ich of the it woultl be impossiule for one hundred and fifty counties, having claws of the American eagle. That is the thing to which I wish to each~ school system of its own, to have any uniformity at all. Now, call public attention in oruer that the intelligent freemen of this untler the constitution recently adopted in Texas those lauds, I under- country may ask themselves whether they wish to commit the Gov- stand, are required to be turned back to the counties with authority ernment of this co~ntry to such hands for such purposes. to sell and dispose of the proceeds in any manner they see proper, Now, Mr. President, I come to this public-land business. The old and at any time, and without any system at all. Further, the lands constitution of Texas provided: set apart for the University of the State are authorized by the con- The public lands heretofore gh·en ro counties shall be under the control of the stitution to be sold. I undertake to say that the school fuml will Legisl:tture and may be olu unuer such regulations as the Le~islature ma.y pro- t not have one acre of land in ten years, nor any of the proceeus of scribe, and in such case t ho proceeds of the sale shall be a.Uded ro tho suhool fund. those lands. They will be squandered absolutely, and they intend What does the revolutionary democratic constitution provide! It to squander them. That is my conviction. I will state to my col- league that during the rebellion, and at the very beginning of the provitles: SEc. 6. .All lands her etofore or hereafter granted to the several counties of this rebellion, a large portion of the most valuable lands in the State were State for education or schools are of J·i_ght the property of saiu counties, respect;. sold on credit and the payment received in confederate money after ively, to which they were granted, antl title thereto is vested in said countie.'l, and the surrender, when it was not worth two cents a bushel. no adverse possession or liinitatiou shall enr bo available against the title of any Mr. MAXEY. In reply to my colleahrue on that subject I will county. Each county may sell or dispose of its lands in whole or in part in man· state-- ner to be provided by the commissioners' court of the county. Mr. EDMUNDS. This is a little hard on a poor fellow like me. Then it g-oes on- Mr. MAXEY. The constitution which the Senator has before him Mr. MAXEY. Mr. President-- shows that t.he proceeds of the sales of the county land are to be Mr. EDMUNDS. I know the Senator will be good enough to ex- used for school purposes. It is a trust fund and cam:iot be used other- cuse me. I am very tired. · wise. Mr. MAXEY. The Senator has fallen into a legal error. Mr. EDMUNDS. Now, if I can have a little word in this deb.a te, The PRESIDENT p1'0 tempo1·e. The Senator from Vermont declines I should like to say one or two things. I was coining to what my to yield. friend from Texas [Mr.IIAMILTON] has now drawn attention to; but Mr. MAXEY. I only wanted to explain. I ha-d not quite finished on the other branch of the subject, which I ·:Mr. EDMUNDS. The new constitut.iou, a.s the Senator from Texas will now finish. behind me [Mr. HtnnLTON] has ·stn.ted, takes these lands away from The appropriation of land instead of money by this new constitu- the control of the Legislature where the general intelligance and tion for these schools is for the time being an absolute denial of any the general responsibility of the whole State could apply them im- \ funds at all to carry on schools; because you cannot sell your lands partially to all the counties according to the necessi~ies of educa- in a minute, anu you cn.nuot get your pay in a minute when you do. tion among the rich and poor alike. The revolutionary constitution We have seen here to-day that even in the rich and prosperous State says: "We re\' erse that and we give to every county, be it a county of of Kansas among her best lands and her best settlers it is neces ary all planters who will control everything, all the lands in that county on the sale even of small quantities to give time, one, two, three, to be disposed of when and in the manner they please." They may or four years. I repeat what I said before, that the time when keep them one hundred years, and a school-house will never open its Texna needs education most is just now. The only evidence she doors in that county at a.ll unless the Legislature chooses under this bas given of reconstruction since the uemocrats have come into power ,new collBtitution to appropriate a little money-- 5216 CONGRESSIONAL RECORD-HOUSE. AUGUST 5, Mr. MAXEY. I wish to correct a le~al error. Mr. GARFIELD. Mr. Speaker, I record my vote on the proposed The PRESIDENT pro tempore. The :Senator from Vermont declines amendment to the Constitution known as the Blaine amendment. to be interrupted and the Chair must protect him. I left the House soon after the close of my remarks yesterday, not Mr. HITCHCOCK. If the Senator from Vermont will give way, I supposing a,t so late an hour this question would come up. If I had move that the Senate adjourn. · been here I shoulcl have sought to strike out tho last clause, which Mr. EDMUNDS. I will give way if the Senate wishes to adjourn. may possibly be construed as denying the necessary power to enforce Mr. BOUTWELL. I ask the Senator to withdraw that a moment. the amendment. But hoping it may be so modified in the Senate J We on~ht to have an executive session. vote" av." Mr. HITCHCOCK. I will withdraw m~ mo~ion for that purpOMe. Mr. O;NEILL. I wish to state that my colleague [Mr. KELLEY] EXECUTIVE SESSIO:N. was absent yesterday by leave of the House, and if present he would Mr. BOUTWELL. I move that the Senate proceed to the consid- have voted in the affirmative. · Mr. MONROE and Mr. DANFORD also recorded their votes in the eration of executive business. The motion was agreed to; and the Senate proceeded to the con- affirmative. DISTRICT l:NDUSTRIAL SCHOOL FOR GIRLS. sideration of executive business. After ten minutes spent in execu- tive session the doors were re-opened, and (at five o'clock and five min- Mr. HOLMAN. Thf' gentleman from Michigan, (Mr. vV. B. WILL- utes p.m.) the Senate adjourned. IAMs,) who is absent from the House on account of sickness in his fam- ily, had in his band yesterday a bill which he desired to report back from the C(ommittee on Public Buildings aml Grounds for reference to the Committee of the Whole on the state of the Union. I ask by unanimous consent that that bill be now received. HOUSE OF REPRESENTATIVES. The SPEAKER p1·o tempore. The Chair hears no objection. Mr. HOLMAN. I move that the bill (H. R. No. 376f,) providing for SATURDAY, .August 5, 1876. the erection of the industrial school for girls in the District of Co- The House met at twelve o'clock m. Prayer by the Chaplain, Rev. lumbia, reported back from the Committee on Public Buildings and I. L. TOWNSEND. Grounds by the gentleman from Michigan, be referred to the Com- The Jorirnal of yesterday was read and approved. mittee of the Whole on the state of tlle Union, and ordered to be printed. MANAGEMENT OF SOLDIERS' HOMES. Tlle motion was agreed to. Mr. TERRY. I ask unanimous consent to report from the Commit- tee on Military Affairs a resolution on the subject of the management M. P. JO:NES. of soldiers' homes, which was some days ago ordered to be printed Mr. LANE, by unanimous consent, introduced a bill (H. R. No. 4063) and recommitted. to re-imburse l\1. P. Jones for mottey deposited in the United States The resolution was read, as follows : depository, Portla-nd, Oregon, for public-land surveys; which was Res10Zved, That the Committee on Military Affairs be, and they are hereby, au. read a first and second time, referred to the Committee on the Public thorized to continue their investigations int{) the mana~ement and control of the Lands, and ordered to be printed. National Home for Disabled Volunteer Soldiers du,rin~ the vacation of Congress, and to asc.ertain what reforms in the same are necessary, and that said committee JOHN J. ANDERSON. be authorized to make such investigations thrvu_gh subcommittees, who may visit Mr. STONE. I ask, hy unanimous consent, to take up Senate bill said homes ; and that such su boommitt.ees be authorized to send for persons and papers, administer oaths, and do all such other acts as may: be necessary for n. full (S. No. 628) for the relief of John J. Anderson, surviving copartner and complete inquiry inoo the management and control of said homes, and make of the firm of Anderson & White, and put it on its passage; and I due report of the same. · ask the indulgence of the House for one moment to give an explana- Mr. HALE. I object. I have given notice heretofore that I would tion of it. object to all propositions for the sitting of committees during the Mr. RANDALL. After that I give notice I shall demand the regu- recess. lar order of business. Mr. TERRY. Then I want it distinctly understood that the ob- Mr. PAGE. I demand the regulnr order of business now. jection to this investigation comes from the other side of the House. Mr. RUSK. So do I. I wish to ask for a committee of conference. Mr. HALE. And I want it just as distinctly understood that it comes from this side of the House and from me; and that I shnJl COINAGE OF GOLD AND SILVER. continue to object to all propositions to allow committees to sit dur- The SPEAKER p1·o tempore. The regularonlerbeingcalled for, the ing the recess. morning hour begins at t.wenty minutes after twelve o'clock. The INVESTIGATIO~ OF ELECTION L'll 1\0SSISSIPPI. pending- business in the morning hour is the consideration of a Lill reported from the Committee on Mines and Mining-, being the bill Mr. VANCE, of Ohio. I ask unanimous consent thut the resolution (H. R. No. 3635) to utilize the product of gold and silver mines, and of the Senate for printing the report of the special committee to in- for other purposes, on which the previous question has been demanded vestigate the late election in Mississippi be taken from the Speaker's by the gentleman from Missouri, [Mr. llLAND.] table and referred to the Committee on Printing. .Mr. HALE. The gentleman from Missomi must see. by this time, There being no objection, the following resolution of the Senate as this is confined to the morning hour, that it is a very easy thing was read and referred to the Committee on Printing: · for its passage to be prevented. I believe it to l.Je a bad bill. 1\lany Re8olved by the Senate, (the House of Representatives cmcun"ing,) That 4,000 belieYe it is a bad bill a.nd will not consent to its passage. Now, copies of the report of the special committee to investigate the late election in Mississippi, with the views of the minority, be printed tor the use of the Senate. what does the gentleman gain by forcing it every morning- hour when} the gentleman is limited to sixty minutes and evidently cannot make BILLS FOR PRIVATE CALENDAR. any progress with it f It only takes up the time of the House to the Mr. MILLIKEN, by unanimous consent, reported from the Com- exclusion of other business in the morning honr. mittee on War Claims bills of t.he following titles; which were read a Mr. BLAND. In answer to the gentleman from Maine, I wish to first and second time, referred to the Committee of the Whole on the say that when this injustice of demonetizing silver was perpetrated Private Calendar, and, wit.h the accompanying reports, ordered to be upon the people of this country filibustering was not resorted to. printed: The bill, sir, was not read at that desk. Gentlemen who represent A bill (H. R. No. 40(:)1) for the relief of 1\fary E. Purnell; and the money-sharks of this country surreptitiously carried the bill A bill (H. R. No. 406:l) for the relief of the estate of .Mrs. Mary through without its reading at the Clerk's tlesk, and I wouhl be pu- Scott. sillanimous indeed to give up because I am threatened with filibus- PUBLIC SCHOOLS. terin·g performances. Do gentleman snppose the people of this coun- Mr. O'NEILL. Mr. Speaker,· on account of indisposition, having try will submit to such filibustering as this on a bill in their interest, been temporarily detained from the House during the latter pa.rt of and not in the interest of the money-sharks of this conntry 7 Let yesterday's session, I now ask unanimous consent to be permitted to them filibuster and take the consequence. Let them continue this record my vote on the joint resolution proposing an amendment to fraud if they can by filibustering in this House. I for one am will- the Constitution on the subject of non-sectaria~ public schools. ing to go before the country demantling the previous question at Mr. HOLMAN. There is certainly no objection to the gentleman's every opportunity. I insist on it now. voting. . Many MEMBERS. Regular order! . The SPEAKER pro tempore. The Chair hears no objection. Mr. BLAND. I am threatened with filibustering. I shall demand Mr. O'NEILL. I then record my vote in the affirmath·e. the previous question from now until the end of Congress. Mr. MILLER. I make the same request, ns I was absent from the 1\.:lr. PIERCE. The statement made that the bill was surreptitiously House on committee-work. I Yote in the affirmative. carried through Congress is not true. It was nearly three years be- Mr. RANDALL. I suggest that all gentlemen who were not pres- fore Congress and was printed thirteen times. ent ye.s terday and desire to vote on this question may be permitted Mr. BLAND. It was a fraud perpetrated upon the people of this to do so. This is stripped of all political c·o nsideration. Of course country. It was never read at that desk. [Cries of "Regular order."] they are to record their votes to-day. The SPEAKER p1'o tempore. The Chair hopes order will be pre- Mr. WILSON, of Iowa. I agree, provided it sball not change the served. result. 1\fr. O'BRIEN. Pending the demand for the previous question, I The SPEAKERpro tempm·e. Of coGrse. The Chair hears no ob- move the House adjourn, and on that motion demand the yens and jection, and it is so ordered. nays. 1876. CONGRESSIONAL RECORD-HOUSE. 5217 :Mr. P!ERCE, 1\fr. FORT, and Mr. BLAND took the floor and made The question being taken on ordering the yea-s and nays, there were-' remarks which were inaudible, the Speaker pro tempm·e beating his ayes 30, noes 88. gmvel aU the while. So (the affirmative being more than one-fifth of the whole vote) The SPEAKER pro tempore. The Chair is strongly impressed with the yeas and nays were ordered. 1 the idea that he can make more noise than either of the gentlemen The question was taken; and there were-yeas 27 nays 186, not vot- who occupy the floN out of order. [Laughter and applause.] It is ing 97; as follows: only a wai!te of breath, as not a word of what they are saying can be YEAS-Messrs. O'Brien and Washington Townsend-2. heJrd by ·i be reporters. NAYS-Messrs. Abbott, Adams, Ainsworth, Anderson, Atkins, Bagby, George .Mr. TOWNSEND, of Pennsylvania. Pending the motion to adjourn, A. Bagley, Jobn H. Bagley, jr, John H. Baker, William H. Baker, Bailon. Banks, I movt) that when the House adjourns to-day it adjourn to meet on Bannir.g, Bell, Blair, Bland, Boone, Bradford, Bright, John Yonng Brown, William Tuesday next, aud on that motion demand tellers. R. Brown, Horatio C. Burchard, Cabell, J obn H. Calu well, Cannon, Cason, Caswell, Cate, Caulfield, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri, Cly. Mt'. BLAND. I hope gentlemen passing through the tellers will be mer, Cochrane, Collins, Cook, Cox, Cronnse, Culberson, Cutler, Danford, DalTafl, watched-- · . Davia, Davy, Dibrell, Durand, Durham, Eames, Ellen, Evans, Faulkner, Felton, The SPEAKER p1·o tempore. De bate is out of order. Fi!lley, Forney, Fort, Foster, Franklin, Freeman, Frye, Garfield, Goode, Goodin, Gunter, Hale, Hardenbergh, Benjamin W. Harris, Harrison, Hartridge, Hartzell, Tellers were ordered; and Mr. TOWNSEND, of Pennsylvania, and Mr. Haymond, Henderson, Ht;nkle, Abram S. Hewitt, Hoar, Hoge. Holman, Hooker, BLAND were appointed. Hopkins, Honse, Hnbbell1 Hunton, Hurd, Hurlbut., Hyman, Thomas L. Jones, The House divided; and the tellers reported-ayes 20, noes 116; Joyce, Kasson, Kehr, Kimoall, Franklin Landers, Lane, Lapham, Lawrence, Levy, no quorum voting. Lewis, Luttrell, Lynch, Lynde, Mackey, Maish, MacDougall, McCrary, McFar- land, McMahon, Meade, Metcalfe, Miller, Milliken, Mms, Monroe, Morgan, Mor- M.r. BLAND. Mr. Speaker, does it require a quorum to decide a rison, Mutchler, Nash, Neal, New, Odell, O'Neill, Packer, Page, Payne, Phelps, motion to adjourn' William A. Phillips, Pierce, Piper, Poppleton, Potter, Powell, Roodall, Rea, John The SPEAKER pro tempore. To adjourn over, a quorum is cer- Reilly, Rice, Riddle, John Robbins, William M. Robbins, Robinson, Miles Ross, tainly required. . Rusk, Sampson, Savage, Scales, Schleicher, Sheakley, Singleton, Sinnickl:lon, Slem- · ons, A. Ilerr Smith, William E. Smith, Southard, Springer, Strait, Stenger, Ste- Mr. TOWNSEND, of Pennsylvania. I call for the yeas and nays. venson, Stone, Teese, Terry, Thomas, Thompson, Thornburgh, Throckmorton, The question being taken on ordering the yeas and nays, there Tnfta, Turney. VanVorhes, 'John L. Vance, Waddell. Wait, Cbar1esC.B. Walker, were-ayes ·~4, noes 02. Gilbert e. Walker, Walsh. Ward, Warren, Erastus Wells. G. Wiley Wells, White, So (the affirmative being more than one-fifth of the whole vote) iams,Whi.ting, Whitthorne. Wi~uinton, Willard, Al"pheus S. Williams, James D. Will- Jeremiah N. Williams, Willis, Benjamin Wilson, .James Wilson, Woodbnrn, the yeas and nays were ordered. Yeates, and Young-186. The question was taken ; and there were-yeas 4, nays 186, not vot- ROT VOTING-Messrs . .Ashe, Bass. Beebe, Blaokbnrn, Bliss, Blount, Bradley, ing 95; as follows: Buckner, Samuel D. Burchard, Burleigh, William P. Caldwell, t:ampbell, Candler, Chapin, Chittenden, Con:rer, Cowan, Crapo, De Bolt, Denison, Dobuins, Douglas, YEAS-Messrs. O'Brien, Pierce, Washington Townsell(l, and Yonng-4. Dunnell, Egbert, Ellis, Ely, Fuller, Gause, Gibson, G~over, Andt·ew ~- Ilamilton, NAYS-Messrs. Abbott. Adams, Ainsworth, Anderson, Ashe. Ath111s, Bauby, Robert Hamilton, Hancock, Haralson, Henry R. Ha.rns, John T. HarTIS, Hatcher< Ge01·ge A. Bagley, John H. Bagley, jr., John H. Baker, William H. Baker, Billou, Hathorn, Hays, Hendee, llereford, Goldsmith W. Hewitt, Hill, Hoskins, Hnnter, Banks, Banning, llell, Blair, Bland, .Boone, Bradford, Bright, John Yonng Brown, Jenks, Frank Jones, Kelley, Kinu. Knott, Lamar. George M. Landers, Leaven- Horatio C. Burcllard, Cabell, John H. Caldwell, William P. Caldwell, Campbell, worth, LeMoyne, Lord, Magoon, McDill, Money, Norton, Oliver, John F. Philips, t:annon, Cason, Caswell, Cate, Caulfield, Chittenden, John B. Clarke of Kentucky, Plaisted, Platt, Pratt, Pnnnan, Rainey, Reagan, James B. Reilly, Roberts, Sobieski John n. Clark, jr., of Missouri, Clymer, Cochrane, Collins, Cook, Cowan, Crounse, Ross, Sayler, Schumaker, Seelye, Smalls, Sparks, Speucer, Stowell, Swann, Tar- Cutler, Danford, DarraH, Davis, Davy, Dibrell, Durand, Dnrham, Eames, Eden, box, .Martin I. Townsend, Tucker, Robert B. Vance, Waldron, Alexander S. Wal- Evans, Faulkner, Felron, Finley, Forney, Fort, Foster, Franklin, Freeman, Frye, lace, John W. Wallace, Walling, Wheeler, Whitehouse, Wike, Andrew Williams, Garfield, Goode, Gunter, Hale, Hancock, Hardenbergh, Benjamin W. Harris, Har- Charles G. Williams, James Williams, William B. Williams, Wilshire, Alan Wood, rison, Hartridge, Hartzell, Haymond, Henderson, Henkle, Abram S. Hewitt, Hoar, jr., Fernando Wood, and Woodworth-97. Uoge, Holman, Hooker, Hopkins, House, Hubbell, Hunton, Hur(l, Hurlbut, Hyman, So the House refused to adjourn. Thomas L. Jones, Joyce, Kasson, Kehr, Kimball, Lamar, Franklin Landers, Lane, Lapham, Lawrence, Levy, Lewis, Luttrell, Lynch, Lynde, Macke{; jt~h, Mac- 1 Mr. O'BRIEN. Has the morning hour expired f Dougall, McCrary, McFarland, McMahon, Meade, Metcalfe, Miller, · · ·en, Mills, The SPEAKER pro tempore. The morning hour has expired. Morgan, Morrison, Mutchler, Nash, Neal, New, Odell, O'Neill, Packer, Page, Phelps, Platt, Poppleton, Potter, Powell, Pratt, Purman, Randall, Rea, John ORDER OF BUSINESS. Reilly, Rice, .Riudle, John Robuins William .M. Robbins, Roberts, Robinson, Mr. COX. I am authorized by the Committee on Banking and Cur- .Miles .Ross, Rusk, Sampson, Savage, Scales, Schleicher, Sheakley, Sinuleton, Sin- rency, which is authorized to report at any time, to report a bill for Dickson, tilemons, A. Herr Smith, William E. Smith, Sonthard, Strai~ S"nger, Ste- venson, Stone, Teese, Terry, Thomas, Thompson, Thornburgh, Threckmorton,the partial repeal of the resumption act. Tucker, Tufts, Turney, Van Vorhes, John L. Vance, Waddell, Wait, Charles C. B. Walker, Gilbert C. Walker, W11.lt~h, Ward, Warren, Erastns Wella, Whitin~. SURVEYS IN SCIENTIFIC EXPEDITIONS. Wbitthorne, Wigginton, Willard, Al"r,beus S. Williams, James Williams, James D. Mr. GARFIELD. Will the gentleman yield to me to allow me to Williams, Jeremiah N. Williams, Wtllis, Benjamin Wilson, James Wilson, Wood- burn, and Yeates-186. . ask unanimous consent for the passage of a joint resolution which I NOT VOTIXG-Me~:~srs. Ba.ss, Beebe, Blackburn, Bliss, Blount, Bras, William A. Phil- eight hundred pages octavo giving an account of the several surveys lips, Piper, Plaislied, Rainey, Reagan, James B. Reilly, Sobieski Rosa, Sayler, Schn· andscientific expeditions that have beenordered by the UnitedStates maker, Seelye, Smalls, Spa1·ks, Spencer, Springer, Stowell, Swann, Tarbox, Martin L 'l'ownsend, Robert B. Vance, \Valdron, Alexander S. Wallace, John W. Wallace, during the present century. Walling, G. Wiley Wells, Wheeler, White, Whitehouse, Wikfl, Andrew Willlil.ma, Mr. RANDALL. What is the limitation as to the appropriation f Charles G. Williams, William B. Williams, Wilshire, Alan Wooi, jr., Fernando Wootl., and Woodworth-95. Mr. GARFIELD. Itislimited to$7,fl00; and I hope the gentleman will allow me to say that in addition to the great interest which snch So the House refused to adjourn over. a history of the expeditions authorized by tho United States it may During the roll-call, enable us to save a good deal of money by preventing the overlapping Mr. SAMPSON said : My colleague from Iowa, Mr. McDILL, is of surveys of territory which has already be~n surveyed, and I ask • n~cessarily absent from the House. I desire also to state that the the gentleman to hear the joint resolution read. gentleman from .Michigan, Mr. CONGER, is absent from the House on The Clerk read the joint resolution, as follows: a conference committee. . That tbe Secretary of State be authorized and directed to cause to be prepared 1\Ir. l\lA.cDO UGALL. I move that the reading of the names be dis- and published a brief history of the several surveys and scientific expeditions or- pen ed with. dered and prosecuted by the United States during the century just closed, includ- Mr. PIERCE. I object. ing in said history the various foreign antl oceanic expeditions, the surveys of the coast and of the lakes, and the several topographical, scientific, and military sur- The names of members voting were read, aud the result of the vote veys of the interior; and that tho same be reported to Congress as soon as practi- was then announced as above recorded. cable. And to enable the Secretary to carry mto effect thiS resolution, the sum of The SPEAKER p-~·o tem.po1·e. The question recurs on the motion of $7,500, or so much thereof as may be necN~sary, is hereby appropriated out of any the gentleman from Maryland [Mr. O'BRIEN] that the House do now inoney in the Treasury not otherwiae appropriated. adjourn. Mr. RANDALL. I have no objection to the reference of the joint Mr. McCRARY. I wish to appeal to the gentleman from Maryland resolution. to withdra.w his motion to adjourn, and let an effort be made to come Mr. GARFIELD. I hope the gentleman from Pennsylvania will to an nuderstanding for reasonable debate and a final vote upon this see that it is too late in tlle session to refer such a resolution if it is bill. It appears to rue this is no time in the session and this is no designed to pass it. question on which we ought to waste the time of the House in fili- Mr. RANDALL. It may be the entering-wedge to a large expend- bu~tering. . iture of money, and I ask the gentleman to have it referred . .Many members-called for the re~ar order. Mr. GARFIELD. It has already been referred to the gentleman's .Mr. O'BRJEN. I call for tellers on the motion to adjourn. own committee. On the question of ordering tellers there were ayes 31; more than l\fr. HOAR. Allow me to say to the gentleman that Lewis and one-fifth of a quorum. Clarke's exploration of the whole Northwest is entirely inaccessible So tellers were ordered; and Mr. O'BRIE~ and Mr. BLAND were now and no copies can now be obtained for libraries or for any other appointed. . purpose. The Honse divided; and the tellers reported-ayes 41 noes 148~ Mr. RANDALL. My experience shows that the dangerous step in Mr. O'BRIE~ I call for the yeas and ooys. reference to these matters is the first step. If the gentleman from IV-327 5218 CONGRESSIONAL RECORD-HOUSE. AUGUST 5, Ohio is willing that the joint resolution shall be referred to a com- The Clerk read as follows: . mittee, I am ready to consent that the committee shall report it back A bill to repeal the resumption-day clause in the resumption act of 1875 : at any time. B e it enacted, &c., That the resumption-day clause in sectiop 3 of an act entitled Mr. ~A.RFIELD. It was referred to the gentleman's committee, as "An act to provide for the resumption of specie payments," approved January 14, I have already stated. · 1875, which cl.anse is in the wonts following, to wit: Mr. BANKS. Will t.be gentleman from Ohio allow me to move that "On and after the 1st day of January, 11:!79, the Secretary of the Treas~ shall the House adjourn f redeem in coin the United States le!!al-tender notes then outstanding on then pre· sentation for redemption at tho office of the a.ssistant treasurer of the Umted Mr. GARFIELD. Not 3t this time. Will the gentleman from Penn- States in the city of New York, in sums of not less than $50"- sylvania agree that his committee shall have leave to report it back be and the same is hereby repealed. at any timeT Mr. RANDALL. I do not want it referred to mv committee. I Mr. COX. I would state for the information of theHousethat the think the Committee on Public Lands is the proper committee. Committee on Banking ·a nd Currency, consisting of members from Mr. GARFIELD. I have no objection to that reference if the gen- both sides of the Hou~, have come to an accommodation as to this tleman will allow it to be reported back at any time. ·debate, to allow one hour and a half, if the House please, for debate .Mr. RA..i.WALL. I have no objection to that if it be referred to the on .t his substitute, and one hour and a half for debate on another Committee on Public Lands. measure which I propose to follow this bill.. Mr. GARFIELD. I move, then, that the joint resolution be referred Mr. GARFIELD. What is that other measure T to the Committee on Public Lands, with leave to report it back at joint Mr. COX. It is a concurrent resolution for the appointment of a anytime. · commission to consider the monetary system, which was intro- There was no objection, and it was so ordered. duced by the gentleman from Louisiana, [.Mr. GmsoN.] If agreeable ·to both sides of the House, at the end of an hour and a half I propose EXPENDITURES IN THE WAR DEPARTMENT. to call up that concurrent resolution and to have an hour and a half Mr. COX. I yield for a moment to the gentleman from Pennsylvania of debate on that also. [Mr. CLYMER] who desires to make a report in order that he may Mr. O'BRIEN. Before the vote is taken on the other T leave the House. Mr. COX. To have the vote taken on the first bill at the end of an ~·CLYMER_, from the Committee on Expenditures in the War hour and a half. If the House please, I propose to call the previous Department, submitted a report in writing; which, with the views of question on the first bill at the end of an hour and a half, and to call the minority_, was laid on the table, and ordered to be printed. · the previous question on the concurrent resolution at the end of an- EXPENDITURES IN THE DEPARTMENT OF JUSTICE. other hour and a half. The SPEAKER pro tempm·e. What distribution of time does the Mr. COX. I yield for a moment to the gentleman from Illinois [Mr. gentleman from New York propose t CAULFIELD] to submit a report. Mr. COX. I propose to divide up the time on both sides of the Mr. CAULFIELD, by unanimous consent, submitted a report in House, an hour and a half on the first bill and an hour and a half on writing from the Committee on Expenditures in the Department of t.he concurrent resolution. I do not myself propose to occupy more Justice; which, with the views of the minoritv, was ordered to ·be than .five minutes, and the gentleman from Iowa [Mr. KASSON] and printed and recommitted to the committee. • myself will eli vide up the time equally between his side of the House Mr. HA\LE. I ask that the reports shall be presented at the same and this side of the Honse. time and printed. Mr. RANDALL. Three-fourths of an hour on each side T Mr. RANDALL. . They will of course be printed together, but the Mr. COX. Three-fourths of an hour on each side on each propo- ma;jorit.y report is already made. sition.' Mr. WILSON, of Iowa. Let the understanding be that the report Mr. O'BRIEN. I suggest to the gentleman from' New York [Mr. is not to be brought back by a motion to reconsider. Cox] to aJlow two hours' debate on the first bill. I must object to There was no ohjection, and it was so ordered. anythin~ less than two hours, and that I think is little enough. Mr. JOYCE submitted the views of the minority. Mr. COX. I have no objection to allowing two hours on the :first SURVEYS OF THE POWELL, CLINCH, AND EMERY'S RIVER.S. bill, and an hour on the other. Mr. TERRY. I ask unanimous consent that all the reports of the Mr. STEVENSON. I ask that the resolution of the gentleman from surveys of the Powell, Clinch, and Emery's Rivers, which wero sub- Louisiana [Mr. GIBSON] may be rea~. · mitted by the Secretary of War, and which the House failed to order Mr. PAGE. Before that is read1 I would like to ask if the Speaker to be printed, shall oow be ordered to be printed. should not divide the time, not according to the side of the House, The SPEAKER pro tempo1'e. And recommitted to any committee f but among the friends and the opponents of this bill f There mny be Mr. TERRY. No, sir; simply printed as a public document. some gentlemen on the opposite side of the House who are opposed to There was no objection, and it was so ordered. this repeal, and I think the time should be equally divided by the Mr. HALE moved to reconsider the vote by which the reports were Speaker between the friends and the enemies of this measure. ordered to be printed; and also moved that the motion to reconsider · Mr. COX. The arrangement will be satisfactory to gentlemen on be laid on the table. thaf. side, for the gentleman from Iowa [Mr. KASSON] will have charge The latter motion was agreed to. of the time. EXTRA PAY OF CONGRESSMEN. Mr. FORT. I reserve any point of order or objection to the con- current resolution until it is rea~.. . Mr. COX. · I yield for a moment to the gentleman from illinois Mr. COX. I will send the concurrent resolution to the Clerk's desk [Mr. FORT] to submit a report ft·om the Committee of Accounts. to be read. Mr. FORT, by unanimous consent, submitted a report, which waa - The Clerk read M follows: read by the Clerk, as follows: The Committee of Accounts, to whom wa8 re.ferred the following resolution:- A concurrent resolution for the appointment of a joint. commission to consider the "Whereas there are no statutes nor uniform precedents fixing the compensation of monetary system. members of special committees for attending the same sitting outside of the Dis- Resolved by the House of Representatives, (the Senate concurring,) That a. commis• trict of Columbia: Therefore, sion is hereby authorized and constituted, to consist of three Senators, to be ap- "Resolved, That a committee of five members of this House be appointed by the pointed by the Senate; three members of the Honse of Representatives, to be ap- • Speaker to consider ami 1·eport how or upon what basis said compensation shall bu pointed by the Speaker; and experts, not extJeeding three in number, to be sel.ected estimated and determined"- by and associated with them, with authority to determine the time and place of wonld respectfully r eport that in t.he opinion of this committee t.be Speaker should meeting, and to take evidence, and whose duty it shall be to inquire- not be required to appoint the special committee mentioned in saul resolution, First, int.o the change which has taken place in the relative value of gold and for the reason that no compensation should ever be allowed to any member of Con- silver; the causes thereof; whether permanent or otherwise; tlie eifoot-.8 thereof gress above his annual salary, and this committee knows of no instance where extra upon trade, commerce, finance, anrl productive interests of the country, ani! upon compensation has been made when members of Congress have served on commit- the standard of value in this and forei~ count.r ies; tees outside of the District of Co1um bia; their actual and necessary expenses have Second, into the policy of the restoration of the double standard in this country, always been paid, and this committee deem that such should continue to be the rule. and, if restored, what the legal relation between the two coins, silver and gold, should be; Mr. FORT. I ask the adoption of the report of the committee. . Third, into the policy of continuing legal-tender notes concurrently with the me- The report of the committee was adopted. tallic standards, and the effects thereof upon the labor, industries. and wealth of the Mr. FORT moved to reconsider the vote by which the report was country; and, Fourth, into tbe best means of providing for facilitating the resumption of specie 3do-pted ; and also moved that the motion to reconsider be laid on the payments. · table. And said commission is authorized to employ a stenographer, anq shall report on The latter motion was agreed to. or before the 15th day of January, 1877, with the evidence taken by them and such ~ecommendll.tions for legislation as they may deem proper. INTERNATIONAL CENTENNIAL REGATTA. · Mr. WHITTHORNE, by unanimous consent, introduced a joint reso- Mr. 1!-.0RT. I desire to reserve whatever point of order may lie lution (H. R. No. 162) to authorize the Secretary of the Navy to de- against that concurrent resolution requiring its first consideration in tail officers for a grand international centennial re~atta on the the Committee of the Whole. • Schuylkill River; which was read a first and second time, referred The SPEAKER pro t.empore. The concurrent resolution is not now to the Committee on Naval Affairs, and ordered to be printed. before the House for action; it has been read simply for informa- tion. REPEAL OF RESUMPTION ACT. Mr. LAWRENCE. Is it the purpose of the gentleman from New Mr. COX. I am instructed by the Committee on Banking and Cur- York [Mr. Cox] reporting this bill to allow amendments to be offered rency, to whom wa-s referred House bill "No. 3074, to repeal in part the to itT resumption act of 1875, to report the same back with a substitute, Mr. COX. The committee have instructed me to deny: all requests (H. R. No. 4064,) which I ask the Clerk to reacl. for the offering of amendments in the House. 1876. CONGRESSIONAL RECORD-HOUSE. 5219 Mr. LAWRENCE. And you do not propose to :fix any time for re- Where is the proposed legislation, the "further legislation," to make sumption' the law essentially effective Y How has Congress redeemed the prom- Mr. COX. The .committee propose simply the measure introduced, ise and performed the obHgation T Was it ''in its powerf" If so; without amendment. It is for the House to decide, in voting upon why has not the legislation been suggested here or in the Senate by the previous question, whether it will allow amendments or not. the friends of the Chief Executive T 0, but it may he said that the That is not for the committee or myself to decide. · late Secretary of the Trea-sury has shown us the path to resumption! Mr. LAWRENCE. And it is not proposed to adopt any means look- lias he f If so, it will be found in his last report; and if in that ing to resumption 7 report, it ought to have been supplemented withessentiallegislati6n. The SPEAKER p1'o tempore. The House in voting upon seconding That report is before me. On its twentieth page the Secretary tell8 the demand for the previous question will decide whether it desires us that be must have the accumulatiou of a large amount of gold to to amend the bill or not. avert the possibility of failure! Of course such an amount, he tells Mr. MORRISON. I wish to offer as an additional section an amend- us, cau only be procured with difficulty. This we know, for do we ment to this bill, making preparations for resumption of specie pay- not export it in large quantities as well for our bond interest as oth- ment. I desire to know from the gentleman from New York [Mr. erwise! Does he not remind us that it would embarrass our own Cox] whether he will allow such an amendmentT trade and commerce and that of other countries f Do we not know Mr. COX. I am not authorized by the committee to make any such what he means f Bnt let me quote with emphatic italics: arrangement, and with all respect for my friend from Illinois, I can- The act in question not only makes express provision for resumption at a fixed not agree to it without the cousent of that committee. date, but commits the Government to the use of all such means as may be needfnl .Mr. HEWITT, of New York. Idesiretoofforasubstitute. I would to that end. lf experience sh:allshow that the means prooided by Congress need ro be like to know from my colleague whether he will allow me to offer a supplemented by further legislation for the easier and more cerf.ain accomplishment of the end, it must be assurr.ed that Congress will not suffer the great purpose ro be im- substitute f peded for want of such additional legislation. The act confers large powers on the Mr. COX. I must give my colleague [Mr. HEWITT] the same an- Secrt~tary of the Treasury, touching the issue of United States l>onds for the pur· swer that I have given to the gentlem3Jl from Illinois. I have no poso of procuring the supply of gold necessary to execute such of its provisions as objection to baviug the gentleman's amendment read for the in- States go into immediate operation, and to provide for the redemption in gold of United notes out t..'lnrlin~ on and after the 1st of January, 1879. In this respect the formation of the House, but I do not propose to yield for any amend- power conferred on the :Secretary is ample; but if, for any cause, it should be found . ment. unpracticallle tu accumulate in the Treasury a sufficient, amount of gold to carry .Mr. Speaker, the House will understand that, in presenting these out the provisions of the act, tho Secretary is left without the choice of other two measures, it is not intended that the one should be an amend- means to accomplish the end. It may, perhaps, be doubted whether the process of accumulating alar~e amount of gold l>y a givon time conld go on without meeting ment or substitute for tb.e other. The bill now pending provides O'ppo ritimLfrom the financial powers of the world. It is safe to say that so large an simply for the repeal of the resumption-day clause in the act of Jan- amount of ~old as would be required to carrv out tho purpose and direction of the nary 14, 1875. The other measure is a concurrent resolution. It is act cannot ue ~mldenly acquired. It can be done onl.v by gradual processes, and by advantage of favorable conditions of the money market from time te time. not in any sense a substitute for this bill. It has no relation to the taking The loss of interest on large sums hoa.rde(l in the Treasur.y for a considerable substance of the bill. It is no more germane to it than is $loU inquiry period in ad vance of J anna.ry, 1879, is a consideration not to be diRregarded, although germane to a conclusion. One raises a commission; the other is a it should 11ot be perm.itb'd to outweigh the benefits to result from full and com· consummated measure. plate execution of the act. · Mr. Speaker, in bringing this measure before the House I am fully But the House is already familiar with these recommendations. We aware that it is presented at the end of a long and tedious discussion know their inner significance. They show how impossible it is in the in the committee reporting it, as well as in the House, press, and coun- nature of the business interests of this western hemisphere and the try. This discuss~on has arou ed not only partisan feeling during this other to collect the amount of coin sufficient to reach resumption on presidential year, but a. great deal of ratiocination and sophistry the 1st day of January, 1879. No provision has beeu made for it and among :fiscal minds. For many months it seemed impossible to solve no provision can be made for it. The act a part of which we would any of these troublesome problems, at least during this session of repeal, is an act for resumption with resumption left out. Not one Congress. step has been taken to make good the often-repeated promise. The The concurrent resolution for the appointment of a commission to promise ha-M been broken so often that it is a hinderance, not a help ; consider questions connected with the currency is in the line of prec- as such it should be repealed. The act a portion of which we now edents, in Jf I say that proposit.ion, sir, offered as a substitute for the fourth that party to manage the financial affairs of the country or even to resolutioQ of the committee, was voted down by a large majority, and suggest the meaus whereby the difficulties under which we suffer General Hawley, of Connecticut, chairman of the committee, declared might be alleviated or might be cured. That party has been in power in a speech :ina.de by him to that convention that he woqld be un- here for eight mont.hs past. It has had some twenty or thirty cau- willing to go before the people in the pending campaign as the advo- cuses- I do not know how many-on this financial question. It has cate of this bill known as the resumption law. had all kinds of propositions offered to it by the democracy, and to- Now I desire to know, if it has been publicly repudiated by the day it stands before the world acknowledging the fact that it is un- party which brought it into existence, if it has been contemptuously able t.o propound a single proposition that will aid toward the resump- ignored in the house of its friends, if in addition to this it has been tion of specie payments. ·That party complains that nothing has denounced by the democratic party in Saint Louis as an obstruction been done to carry out the law of 1875. .t f it has not been done, upon and hinderance to resumption, I want to know why, if there is none whom does the fault lisT It has to-day its majority here in the so poor to do it reverence, it is there should be any hesitation on the Honse ancl its majority in the committee. And yet it comes before part of this House as to its repeal f the world and confesses that it is totally unable to grapple with and Mr. Speaker, as was said by my colleague on the committee, what manage the financial question. And after all its nominee for Presi- is it as long as it remains on the statute-book but a standing menace dent of the United States, in his letter, which is laid upon our desks to all the business interests of the country f Ever since it has been to-day, acknow leqges the wisdom of the snggestious of the President in op~ration we find the process of contraction has been going on. It of the United States and \is Secretary of the Treasury, who, in the was in proof before our conhnitJ;ee, the Committee on Banking and message of the President ;md in the report of the Secretary of th~ • 1876. CONGRESSIONAL RECORD-HOUSE. 5221 Treasury, propose a measure which, if it could be enacted into a law, snmption act, and I would place myself in direct antagonism to their would lead surely and in a short period to the resumption of specie wish if I should not caat my vote for this bill. There seems to be a payments. wide difference of opinion between the people of different sections of In that message and report it was suggested that the Burpl us legal- the country on this subject; one section bQlieving it is destructive to tenders of the United States might readily be funded in United States their interests, while another clings to it as the forlorn hope of re- bonds at a low rate of interest and long date, and that these bonds sumption and a step in the direction of permanent prosperity. It would absorb all the exceRs of the legal-tenders that might be :float- is a remarkable fa-ct that while these antagonistic views prevail ing around and unneeded in the business of the country, and that it and much undue sensitiveness exists, there is not to be found in would appreciate the legal-tender so far that in a very short time it either section of the country any well-informed financier who regards would be nearly at par and require but a small amount of gold in the resumption of specie payments possible under the provisions of order to eftect a redemption. Mr. Tilden in his letter acknowled~ed this a-ct at the time specified. The act is regarded everywhere as the wisdom of these suggestions, and after utterinO' some "glittermg mere brutemfu.lrnen; yet the opposition to its repeal is as strong and generalities" he recommended to his party that after they have pro- determined a.s if tho act were practicable of execution and the em-. cured the repeal of the resumption law they should adopt the policy bodiment of all that was essential to the solution of our :financial which has been shadowed out by the President and the Secretary of difficulties. the Treasury. And this shows that there is no originality in the In the West the act is regarded with serious apprehensions as the democratic party, either in the assembled wisdom of that party here cause, or one of the chief causes, of the present :financial distress pre- or in their chosen candidate for the Presidency of the United Stat.es. vailing through the country; and whether this opinion is cor- They accept republican ideas, and then put them forth as their own. rect or not, the repeal of the resumption clause will ba hailed Now, with regard to the question of resumption of specie payments, with.joy by mfllions of people who are now looking to Congress for we never know where to find the democratic party. At one time it is in some measure of relief. Those demanding the repeal of the resump- favor of resumption and at another time it is opposed to it. In its plat- tion law are sometimes derisively called inflationists, sometimes re- form in 1872, at the Baltimore convention, under the leadership of its pudiators of our national obligations. This is not only unjust, but a great standard-bearer who said "the way to resumption is t8 re- base slander. Not one in ten of the industrious, intelligent, and . sume," it.. declared that it was in favor of an early and speedy return honest men of the West who ask this small favor of CongreM to specie payments. In the democratic platforms of 1874 in the State is in any sense of t.he word an inflationist. On the contrary, I of Pennsylvania, and I think in some of the Western States, it was believe that a large majority of the people of all the Western also in favor of returning early to specie payments ; but in 1875 the States would oppose no obstacle to the resumption of specie pay- democratic politicians in the States of Ohio, Pennsylvania, and per- ments if a-ssured that it can be brought about by some rational aud haps in Indiana, had changed their minds, bad receded from the high practicable method that will act equally and justly to all classes ami position that they had taken, and acknowledged their inability to pro- all sections and will not spread ruin and consternation over the vital pose anything that would aid resumption and declared against it; and interests of the country. I believe such legislation would be accept- in the platform which was gotten up by the democratic party at Saint able to the great mass of the people, would be a Godsend in this Louis it was inconsistent and antagonistic in its utterances. It was hour of confusion and trouble; but if we cannot at this sesRion agree opposed to the changing standard of value such as is found in the upon any sensible legislation, let us not hesitate to undo what is now legal-tender currency, and yet at the same time it was opposed to an acknowledged impracticability, a failure, and a terror to the pub- t.be act of Congress of 1875 that proposed to bring about a resump- lic mind. To strike out this resumption-date clause from the act of tion of specie payments and do away with that changing standard January 14, 1875, if it will do no other good, will at least secure w bich all the country knows is continually unsettling prices and tranquillity, inspire hope, and give the people courage to bear their making it impossible for any individual to tell what be will have to burdens patiently through this gloomy period of financial distress. payortoreceiveattheterminationofhis contracts. Under the imperi- The present resumption law stands as an impediment to resump- ous demauds of that irresponsible body demanding the repeal of the tion, and the sooner it. is removed out of the way t.he better. It ha~:J resumption clause the democratic party is acting to-day and urging reD;lained upon the statute-books for a year and a half, and yet not a . the passage of this bill. • single step has been taken to execute its provisions or provide for Now, Mr. Speaker, with this uncertain frame of mind of the dem- the general resumption of specie payments. Indeed it is not be- ocratic party, with a ha.rd-money candidate at the bead of its ticket lieved by any one that any attempt will be made, even if the act re- and a soft-money candidate at the tail of it, what can we expect of mains unrepealed, to execute its impracticat;.le provisions. If this that party if it is allowed to come into power and to endeavor to concede(( opinion is correct, why should the law be so tenaciously ad- manage the financial interests of the country f It says to the country hered to oc so strenuously defended f I am utterly unable to under- that it is unable to solve this great problem and it does not know stand how gentlemen who profess to be in favor of resumption cling w bat can be done, and yet asks the people to intrust it with power to to this abortive scheme as if it were the palladium of their hopes, administer the financial affairs of the nation. All the party can do and at the same time declare that it is a sham and a delusion. It is or has done is to stand as an obstruction to the resumption of specie folly to dispute over this plan of resumption that contains no prac- payments. It is an obstruction party. It has bad no financial policy tical provisions for resumption. here, and admits its incapacity to originate any. The republican The bill before the House repealing the resumption-date clause, party -bas pointed out the road to the resumption of specie payments though it strikes out but a single sentence, effectually despoils and in a funding of the surplus green hacks in an ea.sy and natural way, destroys all dangerous provisions of the resumptimt act. If this is and if the democratic party thinks that the means we have provided stricken out there will be but little left in the act of an objectionable are not sufficient whereby it shall be carried out, it becomes its duty, nature. The provisions of the first section of the law substituting being here in power, to suggest some means whereby the desideratum subsidiary silver coin for the fmctional paper currency having been can be reached. Hitherto it has failed to make any propositions in carried into effect, the removal of the resumption-date clause from that direction. But now t.h e democracy acknowledge their incapacity, the tbii·d section will leave no poweri to be executed in the act ex- they say in their platform which they adopted at Saint Louis, tb.e cept to redeem the legal-tender notes to the amount of 80 per cent. greenback is a changing standard of values in the hands of the peo- of the nation~l-bank currency that may be hereafter issued. This · ple and the non-payment of which is a disregard of the plighted faith amount can in no contingency be greater than the outstanding legal- of the nation and that we have failed for eleven yea-rs to do anything tender notes in excess of $300,000,000, or altogether $69,679,2'28. The toward the resumption so devoutly to be wished for; and yet they rapidity of this redemption will depend entirely upon the issue of willfully forget that at the end of the war gold was at 150 and that circulating notes to national banks. If the banking capital of the to-day under republican management it is at 112, and that the repub- country is rapidly increased, if there is an increased a-mancl for more lican partyhas drawn thelegal-tendersthatmuchnearerto aredemp- banking currency, then the legal-tender notes will "be reduced and tion in specie. redeemed pm'i passu, according to the 80-per-cent. clause. 1£, on the [Here the hammer fell.] other hand, the demand for more banking currency be small, there- Mr. WILLIS. Does the resumption act of January, 1875, in your demption of 1lhe legal-tender notes will necessarily proceed slowly. judgment, contain adequate provisions to make good the promise of The probabilities are strong that it will require several years under resumption in 1B79 f · this process to redeem the legal-tender notes in excess of $300,000,000. Mr. TOWNSEND, of Pennsylvania. Yes, it does, if properly car~ This may be accomplished without the sale of any bonds by using ried out; but could be improved by additional legislation, such as I surplus Treasury notes or selling gold to purchase the requisite have indicated. amount of said legal-tender notes to be redeemed as occasion would Mr. KASSON. I ask the gentleman from New York to indicate to require. The Secretary of the Trea-sury is only authorized to sell or whom be next yields the floor T dispose of bonds for the redemption authorized by this act. He can- Mr. COX. I yield to the gentleman from Indiana [Mr. HAYMOND] not sell or dispose of them for any oth~r purpose; and when the re- for ten minutes. sumption clause as contained in the bill before the Honse is stricken Mr. HAYMOND. Mr. Speaker, I cannot in the few minutes allotted out of the resumption act, there will be no redemption authorized ex- to me in this discnsion attempt an elaborate argument in fa.vor of the cept that specified in the third section, namely, the redemption of repeal of the resumption law. I gave my views to t.he House on this the legal-tender notes to the amonnb of 80 per cent. of the sum e~ question in the early part of the session at considerable length, and national~bank notes so issued to banking associations. It is plain,. I can but reiterate the opinions then expressed, believing they are then, if there should be no more national-bank notes issued. that just as applicable tg the question to-day as they were then. I repre- there would be no further redemption of the lega.I-tender no~s. If sent a constituency he:trtily opposed to the policy of the present re- t.bis construction of the la.w is correct, tb~ striking out of the: ~;csump- 5222 CONGRESSIONAL REOORD-HOUSE. AUGUST 5, tion clanBe will amount practically to the same thing as an uncon- ments. It does not propose to take any step backward. We all J I ditional repeal of the entire ac~, except the provisions relating to must agree that if we are ever to resume specie payments some time banking and free coinage. must be fixed for that purpose. The repeal of the resumption act will leave the field clear and open The time has already been named by the act of January 14, 1875. for the devisement of some rational and practicable method for the That act was a notice of four years to the trade and commerce of the adjustment of our financial difficulties. It is much easier and better country of the intention of the Governm~nt to resume specie pay- to institute a measure denovo than to attempt to patch up and remodel ment. It bas been acted upon from that time to this, aud every con- an abortive and mischievous plan. The importance of an early set- tract that has been made since that time has been made in ...,iew tlement of the financial question upon some safe and satisfactory of the provisions of that act. If the time named for resumption should basis is now apparent. The present resumption law is the most ob- now be repealed, its repeal will not only be injurious to our credit at jectionable as well as the most difficult method of execution that could home but would impair onr credit abroad, and prevent us from being be possibly devised, and should be abandoned at once as worse than able hereafter to fund our debt at a low rate of interest. useless. The proposition which I make in my judgment is feasible, and I Mr. EAMES. Mr. Speaker, it is not my purpose at this late day of do not hesitate to hold myself solely responsible for it, so far as the the session to attempt to discuss the question of finance to any con- Committee on Bankiug and Currency is concerned, for I believe I siderable extent. It has been my duty as a member of the Committee stand alone in that committee in fa-vor of the proposition. It is that on Banking :lnd Currency to give some thought during the course of from this time t.o the 1st day of January, 1879, the Government shall the session to this difficult and delicate question, and I hitve formed reserve of the gold received from imports 6 per cent. annually of the in my own mind a definite and certain conclusion as to what would amount of its Qutstanding legal-tenders for the purpose of being able be the best policy .to be pursued in order to put the Government of to resume specie payments on the 1st day of January, 1879. With the United States in a position to redeem its pledge for the redemp- this reservation of coiu I think at that time the Trea ury of the United tion of the legal-tender notes in coin. States would be in a condition to redeem every dollar of legal-tenclu We are, sir, in the ninth month of the first session of the- Ji"orty- notes that would be presented for payment or redemption. That is fourth Congress, and during the entire session the Committee on a proposition which I think is entirely feaaible and one that can be · Banking and Currency have had many propositions submitted for carried out without disturbing the financial relations of the country their consideration, to all of which the committee gave very careful, and without appreciating the value of gold; and it may be done, as I calm, and considerate deliberation; but so many different views were said before, without changing the medium of exchange which now entertained on the question that it was impossible, until within the exists and which consists of legal-tender notes and national-bank last twenty-four hours, for a majority of the committee to come to a notes. conclusion in relation to it, or make any definite and distinct recom- Six per cent. upon the outstanding legal-tender notes ann~ally re- mendation to the House. served in gold would give each year the amount of $22,200,000; and The bill reported to-day by the chairman of the committee as the at the time named, the 1st day of January, 1879, there wou1d be a result of the deliberation of the Committee on Banking and Currency reserve in coin in the Treasury of the United States of about $55,500,- during the past nine months to my mind is a bill that is ill-advised, 000. That amount, with the surplus which ha~ constantly been held unwise, and one which ought not to receive the approval of this.HonBe. there over and above the gold obligations of the Government, the The policy of the republican party in the past years has been to take interest on the public debt and the sinking fund, would swell the steps in the direction of the resumption of specie paJIDents. It was entire amount to something like $70,000,000. so in the act of 1869 when the pledge was given to redeem in coin the Now I venture to say, f!om the experience of past years in banking legal-tender notes as soon as it was practicable. The policy was in in this country and in. other countries, if ·there was $70,000,000 in the same direction under the acts of June 20, 1874, and the act of Jan- gold in the Treasury of the United States, with $370,000,000 of legal- nary 14, 1875, which provided for the 1·etirement of the fractional cur- tender notes outstanding, 300,000,000 of which, with the national- rency by the issue of subsidiary silver coin, ann fixed the 1st of Jan- bank notes, are required for the legitimate purposes of business, that uary, 1!:!79, 118 the day upon which the Governrr.ent would pay its out- the $70,000,000 in gold would be sufficient to pay every legal-tender standing legal-tender notes in coin, and the policy of the republican note that would be presented for redeli1ption. It is to be remembered, party has since been steadily in the direction of resuming specie pay- in considering the question of the amount of specie required, that ments. the legal-tenders and national-bank notes are scattered all over It ha.s been said in this debate that nothing has been done or can the country, that they are a more convenient medium of exchange be done to carry out the expressed purpose of resumption under the in the t.r ansaction of business than coin, either silver or gold, and as provisions of the act of 1875. I beg leave to differ entirely from a.ny I said before only that which is not required for the purposes of busi- statement of that kind, whether made by a member of the Commit- ·ness and trade would be presented for redemption ; and I believe if tee on Banking and Currency or any other member of this House. I this amount of money were reserved, then at the time now named for believe jf the act of January, 1875, remains a-s it now is, there is more resumption every legal-tender would be appreciated in purchasing than one mode by means of which every legal-tender note outstand- value to par in coin. . ing on the 1st day of January, 1879, may be appreciated to par in There is another fact which I desire to state in this connecf!ion; for coin and mado equal to coin in its purchasing power. it is said very plainly and boldly on this floor that no feasible prop- One mode bas been suggesteu upon this floor to-day by the gentle- osition has been made for carrying resumption into effect at the date man from Pennsylvania, [Mr. ToWNSEND,] and I think a careful fixed; it has been asserted that everybody agrees in the absolute ne- consideration of his proposition will lead any reflecting and intelli- cessity of the repeal now proposed, because it is impossible by any gent mind to the conclusion to which he has come, that the policy plan that may be su~gested to put the Government in such a position should be as directed in the act of January 14, 1875, to purchase all as to be able to pay m the money of the Constitution such of its notes the outstanding legal-tender notes not needed for the purposes of as may be presented. Now, sir, when the State banks were in exist- business or trade. If that course should be taken by the purchase ence, aa all of us know who were a-cquainted with their operations, of these notes with bonds running for a long period of years and a.t the amount of their circulation and deposits as compared wit-h the a low rate of interest, the result would be that before we reach the coin in their vaults was very small indeed. We all know another fact, time fixed for resumption every outstanding legal-tender note would that notwithstanding t.he small quantity of their coin as compared be appreciated to par in coin. with the amount of their circulation and deposits, yet during nearly We know that there is now outstanding about$370,000,000 of legal- the whole of the period from 1851 to 1863, although they occasionally tender notes and something like 3:::10,000,000 of national-bank notes; suspended specie paymenta, their notes were equal to coin in purchas- the tw:o together making the currency, which is used as a medium of ing value. It appears from the reports that have been made from the exchauge, something like $700,000,000. Now if whatever of this Finance Department of this Government that in the year 1863 there currency is not needed for the legitimate purposes of trade shall on were about fourteen hundred or fifteen hundred of these State banks; or before the 1st day of January; 1879, be fun(led in bonds at a low tha.t their ag~egate resources were something like 1,100,000,000 and rate of interest, the outstanding legal notes required for any legiti- their liabilities about the same amount; that the circnlation and mate purpose of business, 38 a medium of exchange in connection deposits of the State banks in 1863 were about $600,000:000, and the with the national-bank notes, on the 1st day of January, 1879, would amount of coin in the vaults of all of them at that time about . 100,- be appreciated to par in coin and wonld continue equ~l in purchasing 000,000. In other words, their coin was but as one dollar to six, or power to coin so long as required for the purposes of trade. I ven- one dollar to seven, when compared with their circulation, deposits, ture to say that $70,000,000 of the outstanding legal-t,enders would anf that act. And I regard its re- they have had in keeping; and they have not kept it well. It is re- tention on the statute-book as mere sentiment and of no practical served in my judgment for the democratic party to fulfill that pledge; benefit whatever. The fact that the repeal is now brought forward and they will fulfill it, if time and opportunity be given to them, and as a party measure after '' Santuel has been hea1·d from, and everything if it be possible·to comply with this ill-advised declaration which they forgiven,'' ·does not influence my vote. I shall most cheerfully vote have made to the world, a declaration which should never have been for this measure, because I believe jt to be a wise one, correcting a made -until by suitable measures of preparation it was evident the grave mistake, and in some measure relieving the labor and indus- promise could be kept. tries of the country. [Here the hammer fell.] Now, Mr. Speaker, I wa-s right glad this morning to hear the gen- The SPEAKER pro tempore. The time of the gentleman from New tleman from Virginia [Mr. GooDE] inform this House that his pa.rty York has expired. _ had _discovered the royal road to prosperity and to resumption. His Mr. HEWITT, of New York. I am very sorry, for I had not ar- road is honesty, retrenchment, economy, reform. I say again that I rived at the point I desired to make. am glad his party have discovered it. I want to tell him and his Mr. COX. !"hope there will be no objection to my colleague having party that the republican party have been traveling that road for the :five minutes of my time. past sixteen years, traveling slowly, but surely; and the fact that the Mr. HEWITT, of New York. I really do not want to trespass on democratic party has so lately discovered it may~account for the zeal the time of my colleague because he has already been very generous which has been manifested in that direction this winter. It is a fact in giving to me the time I have occupied. that new converts areal ways zealous, and zealous people are ever apt Mr. COX. I give my colleague. five minutes out of my time. to make mistakes; but I congr ttulate the democracy upon the fact Mr. HEWI'IT, of New York. I will occupy but one moment. I that they have :finally discovered the road. This is a sudden conver- say that the party in power made a pledge, and that pledge we ought sion, and the danger of backsliding is so great that I advise my dem- to try to redeem. If I am asked whether I think it practicable to ocratic friends to gather together each morning and each evening and redeem it on the 1st of Jan nary, 1879, in the present condition of the adopt as their centennial song the penitential hymn of Dr. Watts, of country, I answer frankly, "no." But I want to deal with this mat- which I give for their benefit the following stanza: ter with wisdom and statesmanship ; and there is out one way to do Thi~ is the way I long have sought, this. This question should be dealt with as it was treated in Eng- And mourned because I found it not; land during the long suspension there when they fixed three or four My gtief and burden. long hlls been, dates successively, trying each time to accomplish the object, and Because I was not free from sin. then confessing their inability, putting themselves upon the indul- [Laughter and applause.] gence of the world for their good motives and their honest intentions. The SPEAKER pro tempore. The time of the gentleman from New We have no right to repeal the pledge thus given to the world until York h:>-s expired. it becomes apparent by the careful invest.igation of a competent au- Mr. KASSON. } yield for :five minutes to the gentleman from New thority that it is not in our power to fulfill this solemn engagement. York, [Mr. CmTTE~EN.] And then we should as solemnly renew the promise and make proper :Mr. CHI'ITENDEN. Mr. Speaker, why repeal the resumption act prepa1·ations for its fulfillment. of Jan nary 14, 1875 T Can Congress do it f Can this Rouse do it with- I say, then, there is but one way to d~al with this question. It is out disgrace Y Is it not repudiation, pure and simple, without excuse · to appoint a commission to take the whole subject into consideration- or palliation f Is it in anywise cleterminE?d that the resumption of a commission upon which we can have men embodying the soundest specie payments is not practicable on the 1st day of January, 187.9! financial wisdom of the country. Let them study this qu_e~tion in I have prepared carefully in answer to these inquiries a few remarks the light of the largest experience; let them make a report based which I hoped to have had an opportunity to deliver here. They will upon the fullest consideration of every interest involved in it and the require twelve minutes. I have not occupied one minute upon this possibilities of the fnture; and upon such a report this House can floor in six weeks, and I now can get only four or five minutes. I take intelligent action. therefore must at~k consent to print the remarks I have prepared; And it is for that purpose, Mr. Speaker, that I have trespassed upon and then I ask gentlemen of both parties to read them. the indulgence of my colleague, in order that I might o:fter a substi- My colleague and friend, [Mr. HEWITT,] who just addressed you, in tute for this bill, to which fie doe& not agree, ancl in order that I an open letter published about three weeks ag() in New York, gave 52~4 CONGRESSIONAL RECORD-HOUSE. AUGUST 5, me a text. He said, Mr. Speaker, the legal-tender was an overdue savings-banks of New York, when you have justified and treated a debt; that it wa.a a disgrace to the people; that, if the law authoriz- panic among all the holders of Government bonds at home and abroad T ing its funding had not been repealed, it would have been all funded Ah! Mr. Spea,ker, what do we see here f It is a spectacle which long ago. might, if anything could, shake our faith in the stability of our in- The gentleman said, moreover, that a law enacted ''to-day"-I use stitutions. At the very point of time when by honest and intelli- his precise words-a law enacted to-day permitting the funding of gent legislation, giving full force to natural laws, our way is clear that. debt in a 4t per cent. currency bond would result in the total for thorough reform of the currency; for the restoration of confidence cancellation of it within twelve months. Now I say, sir, that my to oopital, the re-organization of new and prosperous industries, and friend and colleague from New York knows and his candidate for the founding of the nation's credit on a much higher plane than it the Presidency knows that a law paesed here to-day to fund that has yet reached, here comes a proposition, nay several of them, debt, which is the demand the world makes upon us, in a 4 per cent. which would in a day sink our credit to a level with the Turks', and gold bond would result in sending an amount of gold to this country cover the nation with everlasting disgrace; and yet a majority of this whereby in less than twelve months we should be as near specie pay- House, which is supposed to represent and should represent the voice ments as France is to-day. And there is not an intelligent man who of the American people, has been only restrained from enacting such does not know that France is near enough to specie payment's for all laws from week to week by perijistent filibustering on the part of practical purposes. I am amazed that my merchant friend should the minority. come here and talk politics on this subject, when he knows that there And this leads me to inquire, Why repeal the resumption act of is piled up in London the largest stock of gold that has ever been January 14, 1875 f Can Congress do that; can this House do it with- accumulated there, owned by people that want to invest in the best out disgrace f Is it not repudiation, pure and simple, without excuse bonds in the world. The gentleman knows that when Congress has or palliation f A few days ago my friend and colleague, the distin- passed a bill to fund the lega-l-tender debt, the United States 4 per guished chn.irman of the national democratic committee, in an open cent. gold bond will be the best bond in the world, the bond that will letter to the public, bravely and truthfully said-1 quote his precise attract that gold as surely as water descends to the sea. I tell the ~~~: . gentleman from Virginia, I tell the gentleman from Indiana, I tell The legal-tender notes are an overdue debt; it is a disgrace to the people of this the gentleman from Michigan, and I put it in the RECORD, that the country that the payment of this debt should not have been made long since. If practical resumption of specie payments prior to 1879 is perfectly pealed,the original privilege of funding these notes in 6 per cent. bonds had not been re- the debt woultl ha.ve been paid within twelve months after the close of the feasible, and for the rest I ask gentlemen to read the RECORD. war. The SPEAKER pro tempore. The gentleman from New York [Mr. And aga.1n: CmTTENDEN] asks unanimons consent to print some additional re- marks ill this connection in the RECORD. To-day, if they were made fundable in a 4! per cent. currency bond, they would There was no objection, and leave was granted. all be paid and might all be canceled within twelve months. Mr. CHITTENDEN. Mr. Speaker, the bold and startling proposi- Here is the truth; truth which touches the honor and well-being tion io make sil"'fer coin legal tender without re~erve or limitation of every American citizen; truth at the foundation of all our hopes has taken the country by snrprise and excited much feeling in all of returned national prosperity. I ask my friend in the name of l'ea- financial circles, and it would, in my judgment, be extremely difficult sou and common sense why he does not in the interest of a disgraced to exaggerate the importance of the proposed legislation. It mani- people bring forward a bill "to-day" in harmony with his conviction festly involves vast personal and corporate interests and the national to fund the legal-tender debt t Does not my colleague know and can- honor. It is in a very broad sense a new question. It is well known not any student of finance see that events have ripened with great that the recent rapid depreciation in the value of silver has become rapidity since this Congress assembled last December, and that the a subject of profound study and solicitude at London, Paris, Berlin, time has fully come when the privilege to fund in 4 per cent. gold- and throughout India; and a very late report to the British Parlia- interest-bearing bonds would stop all further shipments of gold and ment on the subject is noteworthy for this, that nobody in Europe turn the yellow currents hither for investment in such bonds, makin~ has discovered the causes which have produced the unlooked-for de- substantial resumption of specie payments sure long before 1879 T preciation. Men of science and men of affairs are alike agreed that Does not my merchant friend know that on the very iustant the Con- the question is complicated and o]:>scure. Enough is known, however, gress of the United States wipes out the "disgrace" which he con- to show that this is not the time to legislate upon the subject. No cedes, that from that moment our national credit will be foremost of man who is wise will venture to say now what the final action of Con- all the nations of the earth, and that idle capital everywhere in Eu- gress should be. One need but pretend to understand the co~plex rope will seek our 4 per cent. long bonds as the best security in the problem to expose his ignorance of it. More than any other question· world f Does not my friend know from his experience as a master before Congress at this session this imperatively demands time, care- merchant and economist that the funding of the legal-tender debt ful consideration, and thorough examination. under existing laws will nowise necessarily or in fact limit the circu- Foreign experts think they know, but are by no means sure of it, lation of paper money except as it may and should be limited by the that the ~reatly increased product of silver in our own country has demands of trade, and that such funding of the legal tender is the unsettled 1ts commercial value throughout the civilized world. The natural and sure primary step pointing to the conversion of all our 5 gentleman from Colorado says the law of 1873 did it. It is quite too and 6 per cent. bonds into 4 per cent. consols at an early dayf Does soon to say that. Moreover it is an error to denounce that act as a not my friend see just here the promised and traditional reward of trick. It was before Congress at lea~t two years, and the bill in sub- honest dealings, inasmuch as the saving upon the outstanding 6 per stance as finally passed was printed for the study and use of both cent. bonds alone will be far more than sufficient to· pay the total Houses of Congress thirteen times. interest on all the legal tender f Neither the experts commissioned by the British Parliament nor Why not restore the privilege of funding" to-dayf" The gentle- the gent.leman from Colorado have solved the problem. We may man seems willing to censure the party in power for failing to do it. safely say that if our great bonanzas do not "peter out," but hold It was never so feasible as now ; never. It seems to me a fair infer- out, it is clear that we possess a power in this metal the development ence, from his words which I have quoted, that he is himself in favor and utilization of which may well claim our most faithful attention. of funding. Will he say that he is eo in his place in this House 7 Is For the rest, it is apparent, the moment we think seriously, that the funding the true meaning of the Saint Lonis platform as he reads it r question is vital and far-reaching, one not to be treated hastily or in Does the distinguished chairman of the national democratic commit- any way trifled With, without frightful consequences. tee feel warranted in pledging his party to such legislation f Will In my judgment, Mr. Speaker, if we would by one a{lt create a he himself frankly and squarely declare his support of such legisla- financial sensation unmat41hed in its dire and far-reaching results in tion f Why, then, does he justify in his letter to the public the repeal the history of the world, we have but to pass the so-called silver bill. of the resumption ad or any part of it f If we would cripple aB.d in the end destroy a majority at least of And now I propose, with all col11'"00sy and yet with all the force of all the national and savings banks in the country, we have but to truth, to show the gentleman's inconsistency in striking at that act. pa~s this bill. He justifies its partial repeal in his letter because it would restore If we would remorselessly inflict upon our suffering people a calamity "the legal-tender notes to their rightful position of a debt due upon which no man can measure, and the end and consequences of which demand and not on the 1st of January, 1879." He does this without no human foresight can predict, let Congress make this bill a law. offering any substitute and right in the face of facts showing that it If we seek to make .the credit of the United States a by-word and will be easy substantially to resume-long before 1879, and still claims reproach wherever our flag floats to the ends of the earth, we have that repeal is not repudiation I Let us test t.hat claim. My colleague only to pass this bill. in his commercial affairs has often received with great satisfaction If we would make the Forty-fourth Congress famous in history and renewed confidence from an unfortunate or improvident debtor and send its records down the ages fragrant with the venal odors of a new promise to pay an old pastdue debt in full at a fixed date. our time, by all means pass this bill before adjournment. But be Did he ever in a single instance receive with patience or without sure, come what may as the result of faithful investigation of the great indig-nation and reprobation from such a debtor long before such subject, it were a crime against the people we represent to press a new prom1se had matured formal notice of its withdrawal f Is not measure of such prodigious import through the forms of legislation that precisely the shameful position in which he and his party pro- blindly and ignorantly. pose to place the Government of the United States in respect to the No, Mr. Speaker, we cannot restore prosperity to our country nor legal-tender debt the E\xistence of which he himself cha.ract.erizes as make the people content and happy by destroying or aiming a foul "a disgrace to the people," by repealing the promise to pay it in 1879 t blow at the national credit. What will you do, for example, with It cannot be denied. the owners of more than throo hundred millions of deposits in the How, then, can we reasonably hope for thoroug.h reform in any j 876. CONGRESSIONAL RECORD-HOUSE. 5225 department of the public service in the face of such blindness of pub- our political opponents, not as may have been intended by them, but lic judgment and hardness of the public conscience as tolerates such in that light which may be productive of the most advantage. We bold propositions of repudiation f As between man and man we liave a notable example in the action of yesterday. The gentleman know and recognize the absolute need of exact uprightness as the from Maine [Mr. Blaine] lately a member of this House has offered condition of personal honor. As legislators it is 1•roposed that we a joint resolution with an object to influence part.y animosities and shall ignore uprightness and dally with it for selfish and partisan introduce agitation on questions pertaining to religion as affected by ends. politics, and the Judiciary Committee adopted his resolve with an MESSAGE FROM THE SENATE. amendment and introduced it as a demvcratic panacea for .appre- hended evils-they extracted good from evil-no matter what opinion A message from the Senate, by Mr. SYMPSON, one of their clerks, we may have in regard to the policy or principle of that action on mformed the Honse that the Senate had agreed to the report of the the example quoted. committee of conference on the disagreeing votes of the two Houses In regard to this resumption law let us do likewise. Let us in the on the bill (H. R. No. 3625) providing for the sale of the Osage ceded time that will be allowed to the democratic administration that is lands in Kansas to actual settlers. incoming in March next, as all our acts on this question are predi- The message also informed the Honse that the 'Senate had passed (}ated on that belief and that desire-let us in the two years that will the bill (H. R .. No. 3168) relatiBg to partition of real estate in the be given t.o us between .March, 1877, and January, 1879, show to the District of Columbia, with an amendment; in which the concurrence people of this country that we can renew to them and make good the of the House was requested. • plighted but broken faith of the republican party. They gave us a RESUMPTION OF SPECIE PAYMENTS. sham and a delusion. They gave us a promise without one single aot or worQ of .preparation in order to carry ont that promise and make The House resumed consideration of the bill reported from the C"om- it good. They, instead of offering the people of the conn try what tbey mittee on Banking and Currency repealing the resumption-day clause desired, a well-defined system of finance which would bring about in the resumption act of 1875. resumption of specie payments, gave them but a miserable promiee Mr. COX. I yield five minutes to the gentleman from Indiana, [:Mr. of renewal at a certain date. HOLMAN.] We ought to compel them as far as we can to keep faith with the Mr. HOL1t!AN. The gentleman from New York asks the question: people. We have ina.ugurated economy and retrenchment; let us Why repeal the resumption act f My answer would be that the car- also inaugurate that great principle which is allied to and which is rying of that act into effect is a.b solntely impossible, because while but another name for the leader whom we have placed at the heas and interests of the centralized our presidential ticket. Let us, in the language of Governor Tilden wealth of this country and its vested c.1>pital it is oppressing labor and and in the language of the Saint Louis platform, substitute some bri.Bging the wolf to the door of every laborer's household in this well-defined plan for a return to specie payments instead of a barren country; because it has prostrated every prodnctive enterprise, and figment of a date. Sir, my power shall be used as far as it goes in is a menace against every industry which employs the labor of the sustaining such a report from the Committee on Banking and Cur- people of the United States, it is simply impo~ible. Resumption of rency. But what do they give us nowf specie payments is impossible unless you can reduce the volume of Mr. FORT. Will the gentleman give us the democratic plan for a your paper money to a sum substant·iaUy equal to the amount of your return to specie payments f coin. That proposition cannot be called in question in the light of Mr. O'BRIEN. I will answer the gentleman's question. The plat- the learning which the generations before us have furnished upon this form of the democratic party and the letter of acceptance of the question of finance. democratic candidate for the Presidency set forth this fact, that there The passage of the act of 1869, which partially demonetized a large can be no resumption without date or with date unleas the demo- portion of the money in which payment of a portion of the public cratic administration which is to come into power reverses the action debt might have been made, and the passage of the act of 1873, by of the past administration, unless it inaugurates reform and retrench- still further diminishing the money available for meeting the public ment and economy; unless, instead of corruptly spending the peo- debt of the country and the engagements of its people-these aots ple's money and dissipating the revenues of the Government, you have enormously enlarged your public debt and have induced the make purity, integrity, and economy the principles of official action. holding of the bonds of this Government by foreign nations, render That you have failed to do, and we promise to do it. I adhere to and • early resumption absolutely impossible. I am not surprised that a sustain at the same time the principles of my party. I take from my portion of this Union should demand the prompt and inexorable en- enemies that which is good. I adhere to the resumption act of 1875, forcement of this law, no matter what may be the perils to this coun- and if I should have a voice in the next Congress, as it is almost now try. But on the present basis of taxation, Federal and local, it is too late to do anything upon this question this session, I would ad- impossible without the general prostration of the industries of the vocate those measures which would bring the country to that condi- country that specie payments shall be resumed. With our taxation, tion of prosperity which would enable the Government without in- Federal and local, reaching seven hundred and thirty millions a year, jury to the business interests of the country to stand by the law of it is practically impossible to reduce the volUIJ}.e of tbe currency and 1875, and to pay coin for every dollar of legal-tender now in·circula- to maintain the honor of the nation and the obligations of the State tion. and local goverllments. [Here the hammer fell.] The highway, as has been very-justly stated, to specie resumption Mr. KASSON. I now yield two minutes to the gentleman from is to reduce the burdens which rest upon the people of this country; Illinois, (Mr. CANNON.) especi:tlly the burden of Federal taxation. And this Congress will Mr. CANNON, of Illinois. Mr. Speaker, I wish I had an hour, but I have done more toward resumption in reducing the burden of taxa- thank the gentleman for even a little time. At last this bill is re- tion to the extent of $30,000,000, if it shall reach no further during ported. Eight months have elapsed, and the committee in the last the present session of Congress, tha.n all the laws you can enact. days of tlie session report. I am for the bill, but it does not go far Economy in the Government,local as well as Federal, is the first and enough. most important step toward the resumption of specie payments. Mr. Speaker, under the organization of the House and ita rules the But that fatal policy, the holding out of motives by our financial Committee on Mines and Mining have reported a bill to provide for policy for holding our debt abroad, has rendered this resumption the coinage of the silver dollar and make it a legal tender for all debta impossible. France is no parallel. Her debt is due to her own public and private. Now,. then 1 under the rules that committee has citizens. The money that passes from her treasury to pay the inter- an hour each day and no more; just two dilatory motions, one to a{l- est on her bonds is not withdrawn from the country since she paid journ and the other to adjourn to a. day certain, take the hour, and the enormous fine to the German people. Its payment is no reduc- the bill makes no progress. 'fhis has been fo11owed day by day. The tion of the agencies by which the industries of the people are pro- gentleman from New York, [Mr. HEWITI',] an influential member of moted The same is true of all other nations. Ours alone is indebted this House, chairman of the national democratic central committ.ee, to the great powers of Europe-England, Switzerland, France, Ger- and Tilden's right-bower, leads off in this filibustering, with the help many. We are the debtor nation, the West is greatly indebted to of thegenijleman from Maryland and the gentleman from Iowa. Now the East, and this measure of resumption would add not less than the present biB under the rules is not in the morning bour and may be . $150,000,000, to t.he indebtedness of the debtor class of this country. considered and amended from day to day by a majority and passed with [Here the hammer fell.] or without amendment, and no point of order lies against the bill nor Mr. O'BRIEN. Mr. Speaker, at the time the act of 1875 became a is its consideration limited by time; and I want to say to the gentle- law I was absent from the House on an investigation, ordered by the man from Jf!~ouri, [Mr. BLAND,] who has charge of the silver bill, House, in Mississippi. Had I been here at the time I would have de- and to the House, that without a change of the rule this is the only nounced that law, not only as a party necessity, so advocated by parliamentary key by which the ail ver bill can be {}a~sed this session. the republican party, but as a sham, a delusion, and a fraud. I can The gentleman from New York, [Mr. Cox,] having charge of the biJl, \ only characterize it as one with all the other contemporary acts of that refused to receive any amendment and moves the previous question. party which has misruled the nation during the past eight years. Now, if the previous question is voted down, the bill is open to amend- In view of the waste, extravagance, and corruption of the present ment, and I will offer what is known as the Kelley silver bill as an Administration in all its departments, that act can only be regarded additional section to the bill. It is as follows: as deceptive of the true interests of the people; in fact, it was really Tbere shall be from time oo time struck and coined, at the several mints of the intended to be a political make-shift instead of a statute passed in the United State s, silV"er dollars of the weight of 41:2~ grains, as provided for in the a{lt of January 18, 1837, upon which shall be the ifevices and legends provided by true interests of the country. saicl act; and tl}at the said dollar shall be a legal tender in payment of all debts, Bot, Mr. Speaker, I believe in the propriety of viewing the acts of public and private. 5226 CONGRESSIONAL RECORD-HOUSE. AUGUST 5, Now I want you gentlemen on the other side of the House to" fish we sell the products of the fa.rm and the mine principally, the pro- or cut bait." This is the chance and the only chance you will have ducts we sell abroad of the manufactory being iucousitlerable. under the rules this session by which a bill can be passed by a ma- We sell between five and six hundred million dolla rs' worth of ex- jority vote, making the silver dollar a legal tender for all debts, public port s in a year a,nd buy as much of imports. The mer chan ts who han- and private. Gentlemen of the other side, do something positive for dle these commodities require insurance against t he fluctuations of once during this session. The bill is all right so far a,s it goes, and I gold that the consumer of foreign commodities mu t pi1y. If we had will vote for it as it is, for I am in favor of it, but would prefer to get a specie basis this insurance would be saved, The farming interests my amendment in and I want to say that the remonetization of silver of Lhe West lose heavily by paying the transportation of their prod- is of infinitely more importance, and unless you use the present parlia- ucts to the seaboard. This can be overcome in part by building up mentary key to put it on as an amendment to this bill I can see no manufactures in the West; but until we can have a stable cunency hope of its being passed tiJis session. Some gentleman says the silver capitalists he itate to invest. It is now provided by law that these bill can pass as a separate proposition. The gentleman knows there evils shall cease January 1, ~879. The cost would be the interest ou is but one way to pass it this session as a separate proposition and sufficient gold and silver to redeem the Treasury note with and the that is for the majority of the House to restore the rules preventing loss to the creditor and cleutor class a change of values to the extent filibustering, which you repealed at the first of this session. of the difference between paper and specie, and this difference would Mr. Speaker, if the majority of the House honestly want to pass nny also be added to the obligation of the debtor. bill or measure, it can always find a way to pa.ss it. If the rules pre- But the end of uncertainty in values, the inauguration of confi- vent, a majority of the House made the rules and a majority can dence and prosperity, would amply repay for the loss. To ooopt this change them. If the committees will not report, a majority of the bill repealing the time fixed is to put the subject in greater uncer- House elected the Speaker who appoints committees, and the major- tainty when it is our duty to take steps to resume. Tlle anuua.l loss ity can elect another Speaker who will re-organize the committees so of the unemployed labor and capital to the nation will be greater in they will report. But I do not believe you, the majority of the House, the next two years than the cost of resumption. What would be have the honesty of purpose or the courage to do this; and for that thought of a debtor who owed a note payable in two years who, fear- reason I want you to allow me to offl:lr the amendment which I have ing he couJd not meet his obligation, proposed to strike the date of before read. We have had lip-service enough from you ; let your payment from the note f This is meeting a national debt, a war debt. action prove that you are for the silver bill by passing it when you Our people have never hesitated to meet their obligations when jus- have the chance, and allow us to help you. · tice to their creditors was concerned; they surely will not hesitate Mr. COX. Inowyieldforfive minutestothegentlem::mfromOhio, when the result will be for their own benefit. I am confirmed io my [Mr. McMAHON.] suspicions that this bill .is for party purposes when I see men who Mr. McMAHON. I have had but short notice, Mr. Speaker, that I have opposed it heretofore racking their brains for reasons to ex- should have an opportunity to speak upon this question, and if I had cuse their votes. We must resume some time, and uncertainty will had more, modesty would have compelled me to be brief in any argu- be fearfully expensive till we do. ment I might make. I cannot in five minutes do more than give to Mr. KASSON. I now yield for three minutes to the gentleman this House the sentiments of the people whom I represent. My own from Maine, [Mr. HALE.] are well known. And I may say that in speaking for my people I Mr. HALE. It is a pleasant thing to see this programme carried know no well-defined party line which compels me to speak for dem- ont. One year ago the New York democracy, the puppet of Governor ocrats in preference to republicans. · If I understand their sentiments Tilden, resolved that it would take no step backward. upon the ques- I speak the opinion of numerous republicans as well as democrats tion of the resumption of specie payments. Six months after that when I say that the resumption law, as it stands, is a menace, as it there were signs of coquetting with the inflation democracy of the was a fraud in the beginning, and that its repeal is no repudiation, West, and the eastern. democracy began to talk of never yielding to no violation of a pledge, but will be a great relief to the country. a repeal of the date of resumption unless something was put in its The gentleman from New York [Mr. CHITTENDEN] says this repeal place that would bring about redemption. will be repudiation. Repudiation of what f To whom have we Then the Saint Louis convention met; and although to that con- promised to pay this money t We hold it in our own pockets. It is vention t.he New York democra-cy went np like the tribe of Juclah not in the pocket of our foreign creditors. It is uur debt; it answers from the plain, it there met the inflation democracy, which had power • our purposes as money; it circuJates as money. And are the few, enough to dictate the platform of the party and to select it,s candi- who hold the great bulk of it, to be encouraged· in a scheme by which date for Vice-President. Therefore, when the convention adjourned, it may be suddenly made equivalent to gold to the great distress of the only questions left to be considered in the programme were the the people! No. There are but few men in this country who will lettel'S of acceptance of the candidates for President and Vice-Presi- not stand by a democratic Congress which undertakes to relieve the dent, and the further question of what this democratic House should people of some of the embarrassment-s that surround them; and let us do in the last days of this session. have the courage to give the relief that is demanded. We now have, within the last forty-two hours the letters of accept- If we must stand by this fraud, this snare, this delusion, this hinder- ance of the democratic candidates for President and Vice-President ance to resumpt.i on-1 do not now reme111ber the other names it has and the proposed action of this democratic House of Repre entati ves. received in this debate by men who support it in order to preserve What is that proposed action t It is the repeal of the date of re- our good name and prevent ourselves from being called repudiation- sumption, pure and simple. There is connected with it no measure ists-then I must say that our previous character must have been very to put in the hands of the Secretary of the Treasury any power to bad indeed. I for one want no such ·certificate in regard to our posi- prepare for resumption. tion. This bill does not do all that the western people desire; it The flag is lowered. No wonder that during the conferences be- does not reach the entire evil. But" half a loaf is better than no tween Governor Tilden and Governo~ Hendricks at Saratoga and at bread;" and we must be content with that which we have .an oppor- other pla-ces the Cincinnati Euquirer said: tunity of getting when we cannot do better. I hope to live to see the Mr. P endricks was talking to the eastern democrats when at Saratoga. He was day, not as my friend from New York [Mr. CmTIENDEN] probably endeavoring to catch the eastern coon. ·He wasn't thereto han'Ow up the feelings of his eastern friends. He is a soothing and complacent man. But just get hold of would say, when the greenbacks will be redeemed and 1·etired-for Governor Hemlricks on 1he plairis of the West, and he will satisfy his greenback we will never agree to that in the West-but when the greenback, by friends. Mr. Hendricks is a sagacious, wise ID:.m. He bas learned the methods of economy and judicious legislation, will be made worth its face iu gold. Paul. But we do not want the greenback currency withdrawn. It is con- Truly Governor H('ndricks not only tried to get hut did get the venient money, and if equalized with gold would be the best circu- "eastern coon." We are confronted here with nhe proposition to lating medium the country has ever had. lower the flag and repeal the date of resumption. I contrast it, a-s a It is timet I think, that the great democratic party, which has al- part of the programme made public in the last twenty-four hours, ways claimed to be the ally and the friend of the people, which has with the declaration of Governor Hayes two months before his nom- always looked to the interest of the many in preference to that of the ination, when, being asked whether he would under any circum- few, should now heed the suffering and the distress that is abroad in stances favor a repeal of the date fixed for resumption, he declared the country; should look to the destruction of our manufacturing in- boldly and explicitly that under no circumstances would he consent terests and the lack of employment; should look to the reduction in to it unless it was accompanied 'vith some measure that should make value of our property and the ruin of our business. . resumption speedy and effectual. My friends on the other siue have Let us show that our hearts beat for the people; that we are in had an opportunity to put such a provision in this meaaure, but have favor of relieving th~m from their distresses and burdens ; and let declined to do so. They have lowered the flag a.nd IJave the power us not seek hastily to redeem a. fraudulent so-called pledge fastened to keep it lowered. upon the country. [Here the hammer fell.] Only desiring to put on record, in the short time allo.wed me, the Mr. KASSON. I yield for a few moments to the gentleman from feeling of my people upon this matter and earnestly hoping that Ohio, [Mr. RICE.] . this bill will pass, I now give way to those who are to follow ine. Mr. RICE. Mr. Speaker, in this connection I wish to state that on Mr. KASSON. I now yield to my colleague [Mr. WILSoN] for two the 24th day of July I bad the honor to introduce a resolution, which or three minutes. was adopted by this House, requesting the Secretary of the Treasui'y Mr. WILSON, of Iowa. Mr. Speaker, currency baa less to do with to report within one week the exact amount of gold coin and bullion the depression of some of our industries than overproduction in man- in the T1·easury, with the amount of obligations outstanding payable ufactures and overspeculation in stocks and real estate. The pros- in gold on that date. perity of the country depends upon the creators of wea-lth and the In his reply to that resolution the honorable Secretary took occa- surplus we can sell. An examination of our export.s w~l show that sion to add to the gold the amount of silver coin and bullion also in 1876. CONGRESSIONAL RECORD-HOUSE. 5227 the Treasury, and to deduct from the entire sum the amount of gold merly received, but all the wealth of previous years is here; the pro- obligations payable on demand; thereby showing a much larger coin duction is not essentially diminished. Why, then, is it not a good balance in the Treasury than actually exif:lted for the payment of time to make preparation for resumption f Instead of undoing the such debts. legislation aiming t.o secure Rpecie payment and turning back on the Now, Mr. Speaker, I hold that that report is calculated to mislead road this Congr-ess should supply the defects and omissions of exist- the public mind in regard to the true condition of the Government; ing law and devise measures that will accomplish the object with in regard to its ability to meet its rapidly maturing obligat,ions made great.er certainty. payable by legislation in gold; and I desire at this time to co1Tect How shall we commence! The matter is discussed in :Mr. Tilden's such an error, and submit the following figures for that purpose: letter; but it seems to me that it is not sufficient to depend upon the Government to accumulate gold. Wehavethemachinery here through .According to said report there was actually in the which and with which the necessary coin can be gradually, safely, and Treasury in gold on the 24th ultimo ..••••.••..... $52, 657, 546 43 certainly accumulated. In my judgment, it is not necessary to contract Outstanding obligations payable in gold on demand. 43, 780, 021 30 the currency as a preliminary step; it is not necessary to reduce the- amount of outstanding circulation m order to secure resumption. Let Leaving a gold balance in the Treasury amounting to. 8, frl7, 525 13 the volume of currency take care of itself. The maintenance of specio From which should be deducted for August interest, payments only requires that the national banks (which are able, per- t now past due •••••..•••••.•••.•..• .-.............. 6, 460,743 75 ft>ctly able, to do it) should lay aside from year to year the coin inter- est that they receive from the Government and put it into their vaults Thus making the total amount of gold in the Treas- as part of their reserve, allowing the currency now held there as ury at thia time and available for the resumption reserve to be thrown into the channelR of circulation. In two years of specie payments.... . • • • . . . • • . . . . • . • . . . •• • ••• .• 2, 416,781 38 and a half by this means $50,000,000 will thus have been adt.led A sum much less than is frequently shipped out of the port of New to the present stock. A late act has already provided for coining York in one week, and less than i of 1 per cent. on the amount of le- $50,000,000 of subsidiary silver. Add these amounts to the 150,000,000 gal-tender notes and national-bank currency which it is proposed to of gold in the country and we have $250,000,000. Let the Treasury redeem in gold on the 1st·day of January, 1879. lay aside coin as a part of the sinking fund or on some other plan-! I submit these figures and remarks, Mr. Speaker, in order that the do not care what-and by 1frl9 the Treasury will have strengthened it- country may be informed on the questions referred to in my resolu- self with$80,000,000 additional coin, a.nd then there will be$~30,000,000 tion, and also to let this House and the country know the exact n.mount at least of coin in the country, and nearly half as much coin as of coin on hand with which to resume specie payment and how much the paper circulation. That is as great a proportion of coin as we prepamtion hnd been made in that direction, and what the prospect ha~ at any time before the mines of California were opened. It seems or t,he probable ability of the ·Secretary of the Treasury to comply to me t.hat this is a necessary step toward resumption, and jt is a with the provision of the resumption law of January 14, 1875, which mockery and pretense to declare in favor of specie payment and then declares for resumption on the 1st of January, 1879. repeal the date fixed for resumption without providing any better The gentleman from New York [Mr. HEWITT] states that at the substitute or wiser plan for attaining it. time of the passage of the resumption act the amonnt of coin availa- [Here the hammer fell.] ble forth~ purpose waa about $70,000,000. Now, by the above show- Mr. KASSON. :Mr. Speaker, if there is any one greater cause of· ing it will be seen that after liquidating the outstanding obligations discouragement than any other to a gentleman in puulic life, it is the payable in gold on demand ·the Secretary of the Treasury bas at this freq~ent inst~nces which present themselves of legislative impatt~nce time in the Treasury available for the resumption of specie payment, and haste where there is great need of legislative deliberation. · No according to the provisions of that law, but $2,416,781.38. In the face gentleman upon either side of the House, I apprehend, has been here the facts are not these figures appalling f Well may the gentleman many years without feeling again and again how slight are the re- \ say that the legislation which gave this resumption net to the coun- wards offered in our parliamentary system to those gentlemen.who ~ try wns immature, vicious, and unwise, and, in the language of the desire to devote themselves directly to the solid interests of the people Saint Louis platform, is not the resUIQptionary clause "a hinderance whom they represent. We go on from day to day, from week to week and an obstruction to the return of ~pecie payments f" with our legislation without any patient and thorough investigation .Mr. KASSON. I yield five minutes to the gentlemanfromlllinois, .into the real, substantial interests of the country. But when a so- [.Mr. BURCHARD.] called political question is presented on this floor parties rally, num- :Mr. BURCHARD, of Illinois. Mr. Speaker, the proposition before bers are aggregated, pressure is brought to bear, debate is cut off, and the House is ruore than a proposition to repeal the (late :fixed for re- the party lash applied irrespective of what the great radical interests sumption. A vote for this measure will be a vote against resumption of the people require. itself. There never has been a resumption of specie payments after Sir, the question before the House is one of a class that demands suspension without previously fixing the date, either by agreement the most serious thought and deliberation and inquiry into the great among the banks or by law. lt was so in England, although the business interests of the country before we can with any just right time was postponed. It has been so in the history of our Govern- say that the repeal of the day of resumption·is demanded. ment. In 1814, when the United States Bank was chartered for the Sir, not one word of proof is presented to you by the Banking and pnrpo e of bringing the country back to resumption and when gold Currency Committee; not one particle of evidence is supplied by the was at 20 per cent. premium, it was made a provision of the charter, gentlemen who have taken the floor which can be relied upon by a. that tpe bank when it commenced business should pay specie for its deliberative body, to show that you cannot give this great boon of bills and to its depositors. Within a year the nation returned to spe- sound money to the people by the 1st day of January, 1frl9. cie payments, and gold and paper were of equal value. Finding myself met here by political platforms, political candi- So, although in 1837, after the suspension of May 10, gold was at a dates, political considerations, I feel how vain it is to address myself preminm of 10 per cent. within a year, in May, 1838, the b~nks agreed with probable good results to that judgment of the representatives that they would resume. Gradually the premium declined, and re- of the people which seeks alone the -public good. sumption was reached in accordance with that agreement. Gentlemen say no preparation has been made for the resumption of Hence I believe it is wi e to fix some date for resumption. Prolong specie payments. Sir, since the financial panic of 1873 enormous the time if necessary, or if, in the language of the Saint Louis plat- preparation has been made. Not by legislative efforts so much as by form, the resumption act is a hinderance t-o resumption, :fix an earlier the voluntary efforts of the people themselves. Economies have come date; but the repeal of the provision :fixing a date without naming into public, social, and business life throughout the country. Ex- any time means no time for rP.sumption. penses are reduced everywhere. Hundreds of millions of debts have It is said the country is in no condition to take measures for re- been discharged directly by payments, and other hundreds of mill- sumption. Is that sot The great country is prosperous. There may ions have been discharged by the processes of the bankrupt courts. be idle men in the cities and clamorous beggars be found in the street,s, More than that, sir: m the last fiscal year, commencing on the 30th and the impression may have arisen because of this and that in some of June, the balance of trade-without estimating the balance of towns and villages mills and factories have stoppeo, and laborers are specie shipments-the balance of trade shows $77,000,000 of gold value out of employment, that .the country is impoverished and suffering. in favor of the United States. And the good work is going on stilJ, But the great industries of the country are being carried on as for- reducing imports of luxuries and increa-sing exports. merly. There were 20,000,000 more acres under the plow and nearly And in presence of the fact that this L.tw of 1875 was paRsed nearly one million more men required to do the work upon farms in 1875 two years after the disaster came upon the country that brought the than in 1870. The value of farm products was hundreds of millions hard times, (the failure of the Northern Pacific Railroad,) to this of dollars greater. There was more coal mined last year than in law, passed in 1875, the politicians and the demagogues from one end any previous year in our history. Statistics which I have jnst re- of the country to the ot,her are attributing the hard times of 1873 as ceived from the secretary of the American Iron and Steel .Association the effect of proposed resurp. ption l The hard times came immediately show that more rolled iron was produced last year, more steel in from extravagant railroad enterprises, and ultimately from the ex- \ every form, and more of every product of iron· and steel and other travagance induced by irredeemable and cheap paper money. Mr. metals, except pig-iron. The great industries of the country are not Speaker, the question has been abused by the politicians. It is pre- prostrated. The great mass of the quiet workers of the country are sented here to-clay py the politicians. As one gentleman has said, in not and have not been idle or these material and incontrovertible the ninth month of the session a political platform brings it here-no. evidences of their labor would not exist. not even a political platform, but a political candidate for the Pres- It is true that prices are depressed and that manufacturing and idency pronounceB in his letter, just published~ for its repeal, and the business enterprises consequently do not return the large gains for- bugle-call of party summons you to follow it and repeal a statute 5228 CONGRESSIONAL R.ECORD-HOUSE. ~ .AUGUST 5, whose whole' action bas been beneficial to permanent American in- evasion. A largo party in this country demands the entire repeal of { terests. the resumption act and want no resumption a.t aU. They are hone t. I It is bringing us to the economies demanded and has brought us They believe in poor money, and they take the proper steps to arrive largely to them. It has brought national, State, and municipal gov- at it. But when a gentleman believes in good money, which can be err.ments to economical practices. It is bringing the balance of tmde made good in only one way, then he is not justified in striking a blow largely in our favor, amounting, including the specie shipments, to a at one of the most essential features of the resumption act without balance of $130,000,000 in the last year, as shown by the official let- substituting an equivalent measure. ter which I send to the reporten to be published a-s part of my re- I have not time of course to cover the whole ground of this debate. marks, verifying what I have said. The bill which the committee have attacked in part contains several The letter is as follows: provisions for the resumption of specie payments besides that of TREASURY DF.PARTMENT, BUREAU OF STATISTICS, which they propose the repeal. And the other words of that act will JulyS, 1876. remain, of course, standing unsuppokted by this other clause and DE.AR Srn: I trnnsmit herewith, at your request, a statement showing the im- emasculated of all vigor by this repeal, leaving us an afloat as far as ports into and @xports from the United States during the eleven months of the fiscal the public confidence in future resumption is concerned. The gen- year erHled May31, with a.n estimate (from some of the ports) for June, and giving the following results: . tlemaJl from New York, who I think has an honorable purpose in re- Imports for the fiscal year ended June 30J 1876, f-460,087,277; for the same period spect to the resumption of specie payments-! refer to Mr. HEWITT- in 18i5, $533,005,436. showing a falling offot 172,918,159. announces the fact that in the passage of that act the honor of the Exports of domestic products, (mixed values) ........................ $591, 677, 554 country was committed to its execution, but condemns what he calls • Exports of foreign products.......................................... 14,393, 342 the haste with which it was adopted. Is it possible that that gentle- I 606, 070, 896 man, admittin~ that the honor of the country has been constitution- r' For the fiscal year 1875, $559,237,638 domestic and $14,158,611 foreign, showing an ally pledged, is himself willing to aid in striking this blow at that increase in the total exports of i32,fi74,647. honor in the presence of the worlrl f Can any ma.n who believes that It will be observed that the domestic exports above giveD are expressed in mixed the countr:v is bound to exhaust all honorable efforts to arri¥e at that currency; reduceu to gold, the amount is a little over $52'2,000,000 for domestic pro- resnlt, can· such a gentleman vote to abolish this clause in the act ducts, anu the whole exports in gold value is $537,000,000, showisg an increase in until all possible measures to give it effect have been tried and found the total exports, Kold value, of about $24,000,000 over those of the previous fiscal year, n.nd about $77,GOO,OOO over the imports of the presAnt year. wa.ntin~f The imports of specie in the last fiscal year amounted to 15,530,648 and the ex- Mr. HEWITT, of New York. I beg to remind the gentleman that ports to $6tl,1~9,066, showing an excess of exports of $53.608,418. By adding this that was the exact statement I made. amount to the excess of merchandise exported, namely, $i7,000,000, the total excess of exports of merchandise and specie over imports during the year is about $130,- l\Ir. KASSON. Am I to understand thn.t the gentleman is opposed 000,000. to this repeal f . . These figures are approximately ~~o+~curate, and will probably be found to vary Mr. HEWITT, of New Y?rk. Certainly. I announced my position not more tban $2,000,000 from the correct ones when the accounts for June shaiJ. to-day, and moved a substitute. have been received and compiled. Very respectfully yours, Mr. KASSON. Then I beg to apply my remarks to the other gen- EDW.A.RD YOUNG, tlemen who accept his premises but do not honorably accept his con- Ohi~J of Bureau. clusions. Ron. J . .A.. KASSON, M. C., We stand, then, in the presence of a desirable object, for which a. WIUhin!]ton. certain provision has been made by existing laws. And in that con- Thus the work of preparation goes on. One of the bankers be- ilition of things, without avowing their host.ility to the object of the fore our committee, in answer to the suggestion of my honorable law, gentlemen are here proposing to take away that part of the law friend from New York, testified that the banks had made already which is vitn.l to the rest and without which the remainder cannot be large preparations, particularly his own, and said other banks in executed, and are doing it, to quote the platform on which they stand, New York had done the same. Your bank-vaults are crowded with becn.nse it is a "hinderance to resumption." Now, sir, look for a mo- a surplus of paper money, and you have not n.Howed this Government ment at the political deceit of that proposition. They say thn.t a to provide for its redemption by funding n.nd cancellation, even on law which declares that resumpt.ion shall take effect by a certain the sole condition that the people themselves wish to surrender and time n.nd does not say that it shall not come prior to that time is a cancel their paper money. You have refused the right to the people, hinderance to the risult to be arrived at. Is that consistent with your which the original act gave them, of funding the greenbacks, a right two arguments that no preparation has been made and that it is not which gave them so much value under the fundin~ act. And you possible to resume by the time named f If there is any significance in still refuse to return that right to them. Not this side of the House, terms, this m~t be a hinderance, because without it you would arrive but the other has refused t-o do that. at resumption quicker. Will you make this argument in Indiana Y Mr. WILLIS rose. Will you say that yon are going to resume specie payments before the Mr. KASSON. Excuse me now. And we have proposed to reduce 1st of Janury, 1879 T How will you use it on the stump in Indiana and the expenses of the public debt further. In the Ways and Means in New YorkT Will you not, on the contrary, say in the West simply Committee has been pending for months a bill p:tSSed by the Senate that Tilden is for the repeal of the resumption act ancl Hendricks is enabling the Secretary of the Tre:umry to reduce our rate of interest for the repeal of the resumption act f Will you not say in New York from 6 to 4t per cent., and that bill is not reported. Another propo- and the East that it means to arrive at resumption sooner than 187~f sition has been to reduce it to 4 per cent.-- And will not you tell the greenbackers of Indiana that they must come Mr. MORRISON. Will the gentleman allow me a. moment f and help elect these candidates in order to defeat the resumption of Mr. KASSON, (continuing.) -by the extension of the time of specie payments t Sir, that clanse of the platform struck me with maturity as an equivalent for the diminution of interest, and that is more than opposition ; it struck me with a feeling, I hope I may be not reported to the House. permitted to say, of disgust. That the law should be said to be pos- Mr. MORRISON. Does not the gentleman from Iowa know that itively a hindemncetoresumptionwhen they do not suggest anything the Treasury has at its disposal now three hundred millions of 4t per except its repeal to help resumption, that seems to toe a positive and cent. fifteen-year bonds, ;tndseven hundred millions 4 per cent. thirty- direct evasion of the responsibility under which that party stands to year bonds undisposed of f the counti·y. It is a two-faced declaration, worthy of the politician l\Ir. KASSON. Precisely; aDd the Secretary's letter told the com- trn.inefl in the school of Martin Van Buren. mittee they could not be negotiated, as they needed some ten years Mr. Tilden says in his "m~sage," as some gentleman has called it, added to the time when they matured ruJ an equivalent for the reduc- based as I suppose upon its length, that- tion of the interest, and no report has been made to the House on the To amass the requisit~ qu'lntities- . subject. Ah, does it lie in the mouths of the opponents of 'Specie re- Alluding to an accumulation of coin for the purpose of resumption- sumption to say the fault rests with the republicans, and we cannot To amaas the requisite quant-ities, by intercepting from the cnrrent flowing out resume in 1879 with the measures they can yet submit for our action of the country, and by acquiring from the stocks wliich exist abroad, without ills· prior to that timeT turbing the equilibrium o:f foreign money markets, is a result to be easily worked Sir, I care nothing for that identical day. The 2d of January is as out by practicallmowledge antljudgment. , good as the 1st to me; and the 25th of Decembt'r prior to the 1st as Now, if this is a result to be easily worked out in this way, why good as the 1st of January. There is no cabalistic effect iu the 1st have not his friends proposed a better plan than the republican a-d.- ] I'IT] will offer bis proposition as an amendment in the form of an < or any other amendment f additional section, and not as a substitute. I The SPEAKER pro tempore.. The Chair does not regard that as a Mr. HEWITT, of New York. No, sir~ I desire to offer it as a sub- parliamentary inquiry. He will state what .he suppos~s every g~n­ stitute. tleman in the House very well knows, that if th~ preVIous question Mr. CANNON, of Illinois. I rise to a question of order. I want is not sustained the bill will then be open to proper amendments; that to know whether it is not in order for me to ask the gent1eman from is, amendments that are germane to the bill. New York who controls this bill to allow me to offer an amendment, Tellers were ordered··; and.Mr. Cox, and .Mr. HEWI'IT, of New York, upon which the previous question shall operate, proposing, as an ad- were appointed. ditional section to the bill, the provision known as the Kelley silver The House again divided; and the tellers reported that there bill' were-ayes 90, noes 21; no quorum voting. The SPEAKER pro tempore. The Chair wm answer that question. The SPEAKER pro tempare. If no further count is called for the previous question will be regarded as seconded. It is not in order pending the demand for the previous question. Mr. CANNON, of lllinois. I ask whether it is not in order for me . .Mr. PAGE and Mr. FOSTER called for a further count. to appeal to the gentleman from New York to allow this amendment Mr. GARFIELD. I hope the gent1eman from New York [.Mr. Cox] to be read for information f . will allow a vote to be taken on the substitute proposed by his col- Mr. COX. It is not germane at all to tbis bill. leagne, [Mr. HEWITT;] that is all we ask. Mr. CANNON, of Illinois. Then the gent.l eman refuses his consent. .Mr. PIERCE. I move that the House now adjourn. Mr. SOUTHARD. I rise to make a. parliamentary inquiry. I de- Mr. GARFIELD. I hope the gentleman will allow the substitute sire to know whether this proposition to substitute a provision for ! of his colleague to be voted on. [Cries of "No!" "No!"] Let it be tho appointment of a. 'commission requires unanimous consent. rearl, and see if gentlemen do not want to vote upon it. The SPEAKER pro tempore. Certainly not. Mr. LAWRENCE. Let it be read by unanimous consent. :Mr. LAWRENCE. Let the substitute of the gentleman from New Mr. HOLMAN. I move that there be a call of the House. York [Mr. HEWITT] be read. The S.PEAKER p-ro tempare. The motion to adjourn takes pre- The Clerk read as follows: cedence. Be it enacted, cl:c., That a commission is hereby authorized and constituted, to The question was taken upon the motion to adjourn; and upon a ( consist of three Senators, to be appointed by the Senate, three members of the House division there were-ayes 69, noes 114, of Representatives, to lie appointed by the Speaker, an there '• Foster, Fuller, Garfield, Gibson, Andrew H. Hamilton, Robert Hamilton. Haral- is no substantial difference between the two propositions, the bill of son, Henry R. Harris, John T. Harris, Hartridge, Hatcher, Hathorn, Hays, Hen- dee, Goldsmith W. Hewitt, Rill, Hoskins, Hunter, Jenks, Frank Jones, Kelley, the gentleman from Virgini~ [Mr. GOODE] and the substitute reported King, Knott. George M. Landers, Leavenworth, LeMoyne, Luttrell, Magoon, .Mc- by t.he gentleman from New York, [Mr. Cox.] Dill, Money, Oliver, John F. Philips, William .A. Philli~s, Plaisted, Purman,James The SPEAKER pro tempo-re. Is there unanimous consent that the B Reilly, John Robbins, William M. Robbins, Roberts, Sobieski Ross, Sayler, Scales, call for the yeas and nays on tho bill reported by the gentleman from Schumaker, Seelye, Sparks, Spencer, Swann, Tarbox, Terry, Martin I. Townsend, R~bert B. Vance, Walllron, Alexander S. Wallace, John W. Wallace, Walling, New York a-s a substitute for the original bill be wit.bdrawn T Wheeler. Whitehouse, Wike, Andrew \VillianJs, Charle.'l G. Williams, James Will- Mr. COX. My report is a report from the committee in the nature iams, William B. Williams, .A.llln Wood,jr., Fernando Wood, and Woodworth-89- of a substitute. All I want is a vote on my substitute, not on any- So the substitute was rejected. body else's. During the vote the following aunonncements were made: Mr. RANDALL. This is a report from a committee which had Mr. ROBBINS, of North Carolina. I am paired with tile gentle- leave to report at any time; and it comes before the House a.s are- man from Massachusetts, Mr. TARBOX. If present he would vote port of a committ-ee; it does not come as a substitute. ''ay.'' The SPEAKER pro tempore. The Chair must be permitted to state Mr. STENGER. My colleague, Mr. JENKs, is absent by leave of that there can be no doubt about this question as regards the form in the House. If present he would vote "no.'' which the report carne to the Ch:iir. The chairman of the Committee Mr. SCALES. I am paired with the gentleman from Massaehu- on Banking and Currency reported a substitute for the original bill, setts, Ml'. SEELYE. If he were here I take it he would vote "ay," and to that substitute the gentleman from New York [Mr. HEWI'IT] and I would vote "no." offered another substitute. Tha,t substitute has been disagreed to. Mr. COCHRANE. My colleague, Mr. Ross, is absent by leave of The question now comes before the House, Will the House agree to the House. the substitute reported by t.he chairman of the Committee on Bank- Mr. RICE. My colleague, Dr. CowAN, of Ohio, is detained at home ing and Currency for the original bill T on account of injurieR received by a fall. · Mr. HOLMAN. As the yeas and nays have been ordered on tbn.t, Mr. DARRALL. I am paired with my colleague, Mr. ELLIS. He I move to reconsider the vote ordering them. would vote ''no,'' and I would vote "ay." Mr. LAWRENCE. Let the original bill be read that we may know Mr. DAVIS. I am paired with the gentleman from Maine, Mr. what it is. BURLEIGH. He would vote "ay," and I would vote "no." Mr. HALE. Will the Chnir hear me a moment on the question of Mr. CLARK, of Missouri. My colleague, Mr. GLOVER, is paired with order! Mr. DUNNELL, of Minnesota. Mr. GLOVER would vote" no," and I do The SPEAKER .P,.o tempore. The Chair will hear the gentleman not know how the gentleman from Minnesota would vote. when order is ·restored. There is too much confusion in the Hall. _Mr. THROCKMORTON. My colleague, Mr. CULBERSON, is ab~ent Mr. COX. I call for the reading of the report which I made as on account of sickness. If present he wonld vote "no." chairman of the committee. Mr. TERRY. I am paired with Mr. JONES, of New Hampshire. If Mr. HALE. I rise to a point of order. I ask the Chair! have we present he would vote "ay," and I would vvte "no." anything to do in this House with the original "Goode" billY The Mr. HARTRIDGE. I am paired with Mr. HosKINs, of New York. chairman of the committee has reported from that committee orig- If he were here I would vote "no," and I presume he would vote "ay." inally the bill which is now before the House, and on which we are Mr. JOHN REILLY. My colleague, Mr. JoHN B. REILLY is absent to vote. by leave of the House. The SPEAKER pro tempore. The Chair begs leave to correct the Mr. HARTZELL. My colleague, Mr. SPARKs, is nbsent by leave of gentleman from Maine, [Mr. HALE.] The position of this question the House. If present he would vote "no." can be readily stated. The chairman of the committee did not so re· Mr. TEESE. My colleague, Mr. liAMILTON, is absent on account port. He reported the original bill introduced by the gentleman from of sickness. . . . Virginia [Mr. GooDE] and a substitute for.that bill. Mr. ROBBINS, of Pennsylvania. I am paired with Mr. FULLER, of Mr. LAWRENCE. Now we want to see what the original bill is Indiana. He would vote "no," and I would vote" ay." for which the report of the committee is a subRtitute. Mr. PIERCE. Mr. CRAPo is paired with Mr. COWA.i~. Mr. CRAPO The SPEAKER pro tempore. The Chair will order the original bill would vote "ay." · to be read and also the substitute. Mr. BAKER, of Indiana. I alll paired with the gentleman from Mr. HALE. Did the gentleman from New York [Mr. Cox] report Michigan, Mr. WILLIAM B. WILLIAMS. If present he would vote" ay," them both! and I would vote "no." The SPE!KER pro tempore. He did. Mr. GARFIELD. I am paired with :Mr. K,NoTT, of Kentucky. If The Clerk read the original bill introduced by Mr. GOODE andre· present he would vote "no1 " and I would most certainly vote" ay." ferred to the Committee on Banking and Currency, as follows: Mr. HALE. :My colleague, Mr. PLAISTED, is confined to his house A bill (H. R. No." 3074) to repeal in part the resumption aet of 1875. by indisposition. Be it enacted, &c., That so much of section 3 of au act entitled "An act to provide for . Mr. CASWELL. My colleagues, Mr. WILLIAMs and Mr. MAGOoN, the resumption of specie payments," approved January 14, 1875, as provides that are absent by leave of the House. "on and after the 1st day of January, .A.. D. 1879, the Secretary of the Treasury Mr. FOSTER. I am paired with my colleague, Mr. WALLING, who shall redeem in coin the United States legal-tender notes then outstanding on their is absent. If present be would vot-e "no," and I would vote "ay." presentation for redemption," and so much of said section 3 of said set as author. IZes the use of any surplus revenue, or the issue, sale, or disposal of any bonds to Mr. PRATT. My colleague, :Mr. DUNNELL, is paired Ol) this ques- provide for such redemption, are hereby repealed. tion with Mr. GLOVER. Mr. DUNNELL would vote "ay," and Mr. GLOVER would vote "no." · The SPEAKER pro tempore. The Clerk will now read the sub- Mr. LUTTRELL. Iamp::tired with Mr. BLACKBURN, of Kentucky. stitute reported by the chairman of the Committee on Banking and If present he would vote ' no," and I would vote "ay." Currencv. · Mr. WILSON, of Iowa. My colleague, Mr. McDILL, who is neces- The cierk read as follows: sarily absent, if present-would vote" ay." .A. bill to repeal the resumption.day clause in the resumption act of 1875. The vote was then announced as above recorded. Mr. COX moved to reconsider the vote just taken; and also moved Be it enacted, &c., That the resumption-day clause in section 3 of an act entitled ".An aot to proviue for the resumption of specie payments," approved January 14, that the motion to reconsider be laid on the table. 1875, which olanse is in the words following, to wit, "and on and after the 1st day The latter motion was agreed to. of January, .A.. D. 1879, the Secretary of the Treasury shall redeem in com the Mr. COX. I now ask we have a vote on the original proposition. United St41tcslega.l-tenller notes then outstanding on their presentation for redeti!p- tion at the oftice of the assistant treasurer of the United States in the city of The SPEAKER pro temJXYI·e. The pending question is on the sub- New York in sums of not less than $50 dollars," be, aud the same is hereby, re- stitute reported by the gentleman from New York. ~ed. . 5232 CONGRESSIONAL RECORD-·HOUSE. AUGUST 5, Mr. SPRINGER. I rise to a parliamentary inquiry. the House. If present"he would vote in the affirmative. I also desire The SPEAKER pro tempore. The Chair will hear the gentleman. to state that my colleague, Mr. Ross, is absent by leave of the House. Mr. SPRINGER. The bill reported by this committee was reported Mr. HTJNTON. I am requested to announce thnt Mr. KNoTT and a~ a bill independent of itself and as a substitute for the bill intro- Mr. GARFIELD are paired upon this que8tion; if they were present duced by the gentleman from Virginia, [Mr. GOODE.] This bill be- Mr. KNoTT would vote "ay" and Mr. GAR~'IELD would vote "no." ing a complete bill, with a title diffe1·ent from that of the other, the Mr. DAVIS. I desire to state that I am paired upon this question record ought to show, if it does not, that it was read a first and sec- with the gentleman from Maine, l\fr. BURLEIGH; if he were present ond time ; because it never could have been subject to amendment he would vote "no," and I should voto "ay." till it bad been. An amendment was offered by the gentleman from Mr. TERRY. I desire to say that I am paired with Mr. JONES, of New York [Mr. HEWITr] and voted on. Therefore the question is, New Hampshire; if he were present he would vote "no," and I should ShaH this bill be engrossed and read a third time f That is the ques- vote "ay." tion before this House. Mr. LUTTRELL. Upon this question I am paired with the gen- The SPEAKER pro tempor~. The Chair everrules t11e gentleman's tleman from Kentucky, Mr. BLACKBURN; if he were present he would point of order. vote "ay," and I should vote" no." l\fr. HOLMAN. I now move to reconsider the vote by which the Mr. HARTRIDGE. I am paired upon this question with the gen- yeas and nays were ordered on the snbstitute, so that the yeas nnd tleman from New York, Mr. HOSKINS; if he were present he would nays may be taken on the :final passage of the bill. vote "no," and I should vote " ay ." The SPEAKER pro tempore. The main question waa ordered on the Mr. HARTZELL. I desire to announce that my colleague, Mr. bill and pending amendments, and when the previous question has SPARKS, is absent by leave of the Honse; if present he would vote been only partially executed the motion to reconsider cannot be m:u:l.e. "av." Mr. KASSON. If the House gives unanimous consent to treat this Mr. THROCKMORTON. My colleague, Mr. CuLBERSON, is absent bill reported by the committee as the original bill, then weuld not on account of sickness; if he were present he would vote "ay." one vote end it! Cannot the House give that unanimous consent f Mr. JOHN REILLY. I desire to state that my colleague, Mr. JAMES The SPEAKER pro ·tempore. Certainly.. · B. REILLY, is absent by leave of the House; if present he would vote llr. RANDALL. I submit that the committee could not report a "ay." substitute for a bill not before the House. Mr. TEESE. I deeire to state that my colleague, Mr. IiAMILTON, Mr. KASSON. If the House by unanimous consent consents to is absent on account of sickness. treat this as aiJ1 original bill, that ends the trouble. Mr. ROBBINS, of Pennsylvania. I am paired with the gentleman The SPEAKER pro tempm·e. By unanimous consent that may be from Indiana, Mr. FULLER; if present he would vote'' ay," and I should done, but in no other way. Is there objection to regarding the bill vote "no." reported as a substitute as the original bill and taken up and put Mr. KERR. I am requested to announce that Mr. CRAPo is absent upon its final p388age now f The Chair hears no objection. by leave of the House, and is paired upon this question with Mr. Mr. HOLMAN. To make it correspond with tho record it should CowAN; if they were present, Mr. CRAPo would vote "no," and Mr. be stated that. it is a substitute for t)le original bill. COWAN would vote" ay." The SPEAKER pro tempore. Certainly a-s a substitute ; and the Mr. FOSTER. Upon this question I amjaired with my colleague, question is now upon the final passage of the bill, upon which the Mr. WALLING; if he were present he woul vote "ay," and I should yeas and nays are demanded. vote "no." The yeas and nays were ordered. Mr. LORD. I am paired upon this question with Mr. HUNTER; if The SPEAKER pro tempore. The Chair understands that all ques- he were present he would vote "ay," and I should Yote "no." tions are waived upon this bill except as to its p38sage. Is that the Mr. WILLIS. My colleague, l\fr. Buss, is absent by leave of the understanding of the House f [Cries of" Yes, yes."] Then the only House ; if present he would vote "no." question is, Sball the bill pass f Mr. BAKER, of Indiana. On this question I am paired with Mr. Mr. SPRINGER. As I desire to take the next train to leave the WILLIAM B. WILLIAMs, of Michigan ; if present he would vote ''no," city, I ask unanimous consent to record my vote now and before my and I would vote "ay." name is reached upon the regular call of the roll. Mr. WILLARD. On this question I am paired with Mr. HILL, of There wa-s no objection. Georgia ; if present he would vote "ay," and I would vote "no." The question was taken; and there were-yeas 106, nays 86, not Mr. DARRALL. On this question I am paired with my colleague, voting 93 ; as follows : Mr. ELLIS; if here he would vote "ay," and I would vote "no." YEA8-Messrs. Ainsworth, Anderson, Atkins, Banning, Bland, Boone, Brad- Mr. LYNDE. My colleague from Wisconsin, Mr. BURCHARD, is ford, Bright., Jolm Young Brown, William R. Brown, CabelL John H. Caldwell, absent on leave on account of sickness in his family. If present he William P. Caldwell, Campbell, Cannon, Cason, Gate, Caulfield, John B. Clarke would vote " ay ." of Kentucky, John B. Clark,jr., of Missouri, Clymer, Cochrane, Collins, Cook, Cox, Mr. 'VBITE. When the gentleman from New York [Mr. HEWITT] Dibrell, Doaglas, Durham, Eden, Evans, Faulkner, F elton, Finley, Forney, Fort, Franklin. Gause, Goode, Goodin, Gunter, HaiTison, Hartzell, Haymond, Henkle, made his speech on this subject he said that every democrat on this Hereford. Holman, Hooker, Hopkins, Hou'l!e, Hubbell, Hunton, Hurd, Thomas L. floor held his seat nnder that clause of tke democratic platform which Jones, Franklin Landers, Lane, Lawrence, Lewis, Lynde, Mackey, Maish, McFar· declared for steady steps toward specie payments [cries of" Order!" land, McMahon, Milliken, Mills, Morg3oll, Mutchler, Neal. New, Payne, Phelps, "Order!"] and no steps backward. Poppleton. Randall, Rea, Reagan, Jolin Reilly, Rice, Ridll, Pratt, Rainey, Mile!! Ross, Rusk, Sampson, Schleicher, Sinnickson, LACE, of South Carolina. If here he would vote "no," and I would Smalls, A. Herr Smith, Strait, Stowell. Thompson, 'l'hornburgh, Washington Town- vote" ay." seml, Tufts, Wait, Charles C. B. Walker, Ward, Warren, G. Wiley Wells, White, Whiting, .AJpheusS. Williams, Willis, James Wilson, and Woodburn-86. Mr. SAMPSON. My colleague, Mr. McDILL, is necessarily absent KO'f VOTING-Messrs. Ashe, John H. Baker, Bass, Beebe, Blackburn, Bliss, from the House. If present he would vote "no." Blount, Bradley, Buckner, Samuel D. Burchard, Burleigh, Candler. Chapin, Cowan, Mr. PRATT. On this question Air. DUNNELL, of Minnesota, is paired Crapo. Culberson, Darrall, Davis, De Bolt, Denison, -nobbins, Dunnell. Egbert, Ellis, Foster, Fuller, Garfield, Glover, .Andrew H. Hamilton, Robert Hamilton, Har- with Mr. GLOVER, of Missouri. If present Mr. DUNNELL would vote alson, Henrv R. Harris, John T. Harris, Hartridgo, Hatcher, Hathorn, Ha.ys, Hen- "no," and Mr. GLOVER "ay." doe, Goldsmith W. Hewitt, Hill. Hoskins, Hunter, Hurlbut. Jenks, Frank Jones. Mr. CONGER. My colleague, Mr. WALDRON, is absent by leave of Kelley, King, Knott, George M. Landers, Leavenworth, LeMoyne, Lord, Luttrell, the House. If present he woul!l vote "no." And I desire to make :Magoon, .McDill, Money, Oliver, John F. Philips, William A.. Phillips, Plaist-ed1 the same announcement in regard to my colle~e, Mr. BRADLEY. Purman, James B. Reilly, John Robbins, William M. Robbins, Roberts, Sobieski Ross, Sayler, Scale8, Schumaker, Seelye, Sparks, Spencer, Swann, Tarbox, 'l'erry, The result of the vote WaB announced as above recorded. Martin L Townsend, Robert B. Vance, Waldron, Alexander S. Wallace, John W. Mr. COX moved to reconsider the vote by which the bill was Wallace, Wallin~. Wheeler, Whitehouse, Wigginton, Wike, Willard, .Andrew Will- passed; and also moved that the motion to reconsider be lai!l on the iams, Charles G. Williams, James Williams. William B. Williams, Alan Wood, jr., Fernando Wood, and Wood.worth-93. table. The latter motion wa-s agreed to. So the bill was passed. Leave to print in the REcoRD remarks upon the bills just passed During the roll-call the following announcements were made: was granted by unanimous consent to Mr. FORT and Mr. le to give it the effect the judgment of the ChaiT the noes had it. of law so as to ap:eropriate moue~. The Mississippi investigation, Mr. BANKS. I call for the yeas and nays. the Louisiana investigation, the jomt and separate investigations of The question being taken on ordering the yeas and nays, tl1ere tlle two Houses have been provided for by virtue of separate resolu- were-ayes 20, noes 107. tions of eithe1· House or concurrent resolutions of both Houses, and So (the affirmative not l.Jeing one-fifth of the whole vote) the yeas therefore are not subject to the provisions of the rule referred to. I and na.y s were not ordered, and the House refused to adjourn. need only call to the attention of the Chair that on a bill the other Mr. VOX. One-half the hour after ordering the main question is tlay which required the printing of notes and which had the force of due t.o the gentlemen on the other side of the House by t4e arrange- l:1w, the Chair ruled, there being no appropriating clause in it and ment that was made. I suppose I would have the dispo~itiou of oue- no definite sum specified, it was not subject to the point of order. halfof the hour; and I yield thathalfhourtomyf1·iendfromMissouri, Certainly on a concurrent resolution no such point of order can be [1\lr. BLAND.] made. ?lil. BLAND Mr. Speaker, it was not my desire to postpone action The SPEAKER pro tempore. The Chair will decide this at once. on this resolution. What I have done heTe·to-day seems to have been A concurrent resolution is not subject to the point of order taken by done under a misapprehension. I had supposed there waa an inten- the gentleman from illinois. tion to press this resolution to a vote withont' clebate. Mr. COX. I move the pl·evions question on the adoption of the Mr. Speaker, I desire to make some rema1·ks on this question. We rt·solution. have a resolution here reported by the Committee on Banking and Mr. BLAND. I demand a division of the House. Currency looking to the postponement of the bill that I had t.be honor The House divided; and there were ayes131, noes not counted. to report to this Rouse from the Committee on .Mines and Mining. It Mr. BLAND. I do not desire a further count, but I wish to know does not necessarily work that postponement. But when the act was· from the gentleman from New York whether he intends to allow passed demonetizing silver there was no such provision as this; no debate. commission, no jury was asked upon the question whether silver The SPEAKER pro tempm·e. No further count being demanded, the should be demonetized or not. But it was done stealthily. Now previous question is seconded, and the question now is on ordering ofter that act bas been passed in a ste:tlthy manner we are asked to the main question to be put. pass a resoluti.9n of inquiry whether that act was proper or improper. Mr. SAVAGE. I make the point of order that there is no quorum This is in the character of mob law. You hang a ma.n and then try and insist on it. him to ascertain ~hether or not he was guilty. _ You have demon- The SPEAKER pro tempore. Did the gentleman make the point of etized silver, and now you appoint a jury to see whether th:tt act was order before the second motion was put f proper or improper. That is the position that this resolution occu- Mr. SA.VAGE. I did. pies with reference to that question. Mr. \VHITE. I wish to ask the gentleman whether he made it ris- I say it is the duty of this House first to restore the currency where ing in his placeT · it existed aud then appoint your commission to ascertain whether it The SPEAKER pro tempo1'e. The Chair cannot dispute the word of is proper or not to repeal t.hat law. 'l'he gentleman from Ohio [Mr. any gentleman on the floor. He states he made it in time. GARFIELD] characterized this legislation, proposio~ to remonetize Mr. LUTTRELL. Was he in his seat when be made the demand f silver, as being the most corrupt that ha-d occurred m this Congress The SPEAKERp1·o tempo1·e. The Chair will appoint Mr. SAVAGE during his official career. I suppose that tho gentleman from Ohio and Mr. Cox tellers. had forgotten some of the legislation here during his official career in The House again divided; and the tellers reported-ayes 133, noes this House. I suppose h~ had forgotten the act of 186Y, an act that 23. he voted for, changing the contract in the interest of t.he money- So the previous question wn.s seconded. sharks of this country and against the people, by which t-hey were Tho main question was then ordered to be pnt. swimlled out of millions and millions of money. I suppo e the gen- Mr. BLAND. Is it open to deba.te now f tleman had not in his recollection at that time the Credit .Mobilier The SPEAKER pro tempore. The main question having been or- swindles and frauds in this country. I apprehend the gent.lemau had derE'd, unless the gent.leman from New York who reported the resolu- forgotten the fraucl and corruption of the Boss Shepherd ring in the tion takes the hour to which he is entitled and yields to the gentle- District of Columbia. If the gent.leman does not recollect all these roan from Missouri, debate is not in order. frauds, the country recollects them. Mr. COX. I believe the House is now ready for a vote. Mr. FOSTER. I call the gentleman from Mi somi to order. [Cries of "Vot.e!" "Vote!"] ~h. BURCHARD, of Illinois. I desire to remind the gentleman .Mr. WILLIS. I d m this act as a part of the bullion fund ancl that a member had not a right to call anotller member to order for from ~\'hich fund deposits shall be paid for in coin or coin-notes, at the option o'r the dopos1tor. ·using improper language toward another member of the House. SEC. 7. T_hat the fine gold and silv~r bars by this act authorized to be issuedsball The SPEAKER pro tem11ore. The Chair decided no such thing. bear the mmt stamp of :fineness, wmght, and value, and the value of the gold bars Mr. CONGER. The gentleman from Ohio [Mr. FOSTER] rose and ~ball he c~mputed according to their coining rate, and the silver bars at their coin- called the gentleman from Missouri [Mr. BLAND] to order, and the m~ valuo m dollars. SEc. 8. That tho Secretary of the Trea.•mry sh:-~11 prescribe thr necessary regula- Chair decided that be had no right to do so. tions for ca,~ying into effeot the provisiolll:l of this act. The SPEAKER pro tempore. The Chair decided that the gentlemn,n from Missouri was not out of order, and the Chair st.ill so decides and This bill is of vast importance to the tax-payers of this conntry, for overrules the point of order made by the gentleman from Michigan; they are the debtor class to tile Government. and the Chair recognizes the gentleman from Missouri, [Mr. BLAND.] The first section of the bill, as will be observed, provides for the Mr. BLAND. When I have made no personal allusion reflecting on payment by the Government certificates for bullion of gold and silver. the gentleman from Ohio, [Mr. GARFIELD,] I want to know why his Twenty-five per cent. of this bullion or coin arising therefrom is re- friends are so tender on the subject. Do they know anything against quired to be at all times in the Treasury for the redemption of the him which comes within the category which leads them to squirm coin certificates, gold for gold, and silver for silver. It also author- here T I have not charged anything against the gentleman from Ohio izes the coining of th~ silver dolliLr of the value of 412.8 grains silver excepting that he had forgott(ln that corrupt legislation had occurred to a dollar. here during the time when his party was in power. Is there auy- The second section of the bill names the pllWes where these deposits thing else you remember, gentlemen, that will make my bnguage ont shall be made and certificates issued. San Francisco, Carson City of order T If so, state it; I want to know why this commotion and Philadelphia, and the assn,y office at New York are the only places' whence it comes. Wben a gentleman rises on this floor and reports as stated by Dr. Linderman, the Director of the Mint, where tb~ from a committee a bill that involves a principle that is titigmatized par~ing of metals is provided for. by the gentleman from Ohio as being steeped in ra~calities, and na The third section refers to the details of providing for tqe redemp- being more so t.ban any measure which had been int.roduce.d here tion of these certificates. They are in this section made redeemable during his official career; when tllat is ·done have not I the right either in bars or in coin. This would be at the option of the Govern- to call the attention of the country to what occurred while be wa.s ment. in office, to show that corruption . :liter corruption occurred here The. foiuth section cont~'lins th~ pith of the .whole bill; that is, while he was a memberT And, Mr. Speaker, I think I am in order and restonng the money character of silver aod rnakll1g the silver dollar that is the trouble with the gentleman. . authorized in the first section to be coined a legal tender for all debts The bill I reported is a measure in the interest of the honest yeo- pnblic and private, not specified to be paid in gold. Tile remainde; manry of this country; here is a measure that proposes to do justice, of the act refers merely to the details of carrying out the law. to whomf The efl'ect of the bill will be to restore the double standard of gold To the toiling millions who are to-day earning their brea-d in the and silver, and also to obviate the objections so often urged acr:1iust sweat of their face; it is a measure in the interest of the poor nnd gold as well as silver, that as money, from the weight and b~lk of common people of the country, and henctl it excites the opposition of the metal, they are inconvenient, for the coin certificates will take the agents of the money sha.rks in these lobbies, and those who seem the place of and be used for business trans:u~tions instead of the coin to be in their interest upon this floor. Bec~nse a measure is for once itself. reported to this Congress that has within it a provision for the wel- Mr. Speaker, this is a short outline of the bill, a hnsty explanation fare of the people of the country agaiQst the corrupt legisl~ttion that of the purposes i.otended in framing it. By the terms of the bill we has gone on here for the last sixteen years in the interest of the mon- at once establish a conveoiept paper issue that will be used insteacl eyed lords it is here denounced ns full of rascaliti~s, and all this by the or coin, worth its face in coin, for the coin is always behind it for its party that bad perpetrated these injnstices and brought corruption, redemption. But the opponentti of the bill say that to make all Gov- fraud, infamy, and dishonor upon the country. ernment debts payable in silver as well as gold is dishonesty, repu- Mr. Speaker, if I did not know tha.t a majority of this House was ~jation, and _ought not to be to_lerated. Th~se are grave cllarges, aod in favor of this bill I woulll not hesitate in saying that we were mis- if true the bxll should not receive the sanctwn of this Honse; but if representatives of the American people; bnt because the mnjority I can show that those who make the charge are the guilty parties, here favor this bill and because they will pass it if it can ever come and the friends of the bill only desire to act in good faith toward the to a vote, those that are in the interest of the lobbyists have been debtor class, the tax-payers, ancl the creditor class or tax-consumer, filibustering and endeavoring to defeat it from ~day to day. then the bill should pass at once ami become a law. In the first place Mr. Speaker, the common people of the country cannot come to this the enemies of the bill have been the loudest in their demand for Capitol. They are not here in your lobby. They are at home follow- specie resumption. What is resnt£ption of specie payments if it is ing the plow, cultivating the soil, or working in their workshops. It not to resume the currency of tlle Government existing at. the time is the sil.v ern and golden slippers ·of the money kings, the bankers and of the suspension of specie pa.yment f What was that currency! The financiers, whose step is heard in these lobbies and who rule the al!swer is, gold and silver. That is a fact that none deny. The silver finances of the country. They are tile men who get access to your dollar at that time was as full aud complete a legal tender for all committees, and have ruled and controlled the legi.tllation of this demands, public and private, a-s was the gold dollar. country for their own interests. If the constituents of those who The silver dollar was, and continnecl to be, equal to gold as the are opposing this measure could look down from the g.1lleries upon mouey of the country, and is so bylaw up to the prestlnt time except them they would sink in their seats with shame for the course they for the act of February, 1873, which prohibited the coining of the ~re pursuing, because it is adverse to the int.erest.s of theii: people. legal-tender silver dollar. This act was passed no doubt for the same Mr. Speaker, as chairman of the Committee on Mines and Mining, reason and at the instance of the same parties that procured the pas- I have reportetl back to this Honse the following bill, and shall at the sage of the act of 1t;69 pledging the faith of the nation to pay n,U its earliest opportunity allowed me put it upon its pc1ssage: obligations in coin. Bot.h a-cts were io the interest of stock-jobbers A bill (H. R. No. 3635) to utilize the product of gold and silver mines, and for and speculators in Government bonds. other purposes. · Mr. Speaker, I send to the Clerk's desk to have read the act of 1869 (Part inserted in italics, part stricken ont in bnckets.j referred to. Be ~t ~ by the Senate and Housf. of Reprt.$entatives of the United Statu o.f The Clerk read as follows: .Ame:rro 1.Jl Oongress assembled, That coin-notes of the denomination of $:i0, and Tho faith of the United States is solemnly pledgeld is meant the rate at which it is COIDed ,nntt~r the ~nder when the State is prohibited from coining money at all 7 The lD .in the Senate. . resnlt of the report of the committee of conference February 12, 1873. I make this suguestion w1thout 1n any way committing myself to the making of This is the "surreptitious" bill of which we have heard so much. either of these dofiars an unlimited tender. Your I.Jill is herewith returned. Hardly ever bas a bill been so thoroughly considered by the two Very respectfully, H. R. LINDERMAN, Director. Houses. Hon. R. P. BLAND. Now in the face of facts like these, when the chairman of a com- mittee of this House bas made such charges as we have just listened With the vast mining resources of this connt~y.turning out a~­ to, I inquire if this House 'Yi~ indo~se t_be reJ?ort of that co~mit~ee noally silver and gold to the amount of many nnlhons of dollars, m with a11y confidence in their mvest1gatwn w1thout further 1nqmry creased by developments made daily in the ~aCific States and T?~r~to­ into the facts connected with this subject. ries, there is no difficulty in resummg speCie payments by ut~Izillg Mr. HOLMAN. The original bill was simply a bill to organize a the silver, but if the money sharks of the country prevent t~ts we bureau of mines and coinage. The bill which fin~lly passed t~e may expect difficulties not now .dreamed of. ~-we have th~ ng.ht to House and which ultimately became a law was certamly not read m demonitize silver, we have the ngbt to demomt1ze ~old .. Th1s will be this Honse. • the logical result. For when we refuse the one 1t wtlllead to the Mr. KASSON. I differ entirely with the gentleman, having given refusal of the other, and the substitution of paper in which Govern- the history from the record. ment bonds wi1l be paid, and tbns lead to unlimited inflation. Mr. BLAND. Will the gentleman allow me to read the record, to The question is here presented of honest resumption or on the other show that the bill passed the House without reading when Mr. KERR banda forced unlimited inflation of paper money. Let the bondholder called for its reading. ponder this well before refusing silver as a legal coin in this country. Mr. KASSON. The gent.lema.n speaks of the :final pa-ssage of the It is true that silver is now worth even less than the legal-tenders, bill on the conference report f • but this is because of its demonetization in a great men-sure; but the Mr. BLAND. I have the Congressional Globe here to show that it fact that silver is cheaper t,han gold does not alter the law of the was not read. case. By law we have the right to pay at our option in silver or gold, Mr. KASSON. DoM the gentleman deny the facts as I have now so that we but exercise a moral, legitimate right when we pay in sil- stated them T ver the cheaper money. That is the contract; that is the law, so Mr. HOLMAN. It was not read on the day of its passage. expres ed in the act of 1869.. I! tb~ peple ~ave fo~.d a legal. way .of aYerting to some extent the IDJUStiCe of thlS act, 1t Is a proVIdenttal Mr. KASSON. It came into the House here and was dlScussed and wa-s committed and recommitted and ordered to be printed and re- interposition that they will hail with rejoicing. We have promised printed about eleven times in both Houses, and wa-s considered in both to pay the debt iu coin. Silver is coin, legal coin, the coin named in branches of Congress and in conference committee. the law "nominated in the bond." Because silver is now cheaper 1\lr. HOLMAN. It wa-s never considered before the House as it was than goid should we again change the contract. and say the ta:x-payer passed. Up to the time the bill came before this House for final. phs- must pay in gold alone would be robbery, nothmg more, notbmg less. sage the mea-sore had simply been one to establish a Bureau of Mmes; We have had too much of legalized robbery aml plundet of this sort. I beiieve I use the term correctly now. It came from the Committeo Let us call a halt, pass this bill, and for once do justice to a poverty- on Coinage Weights, and Measures. The substituoo which finally stricken, over-taxed people. If A promised ten years ago t.o pay B became a l~w was never :read, and is subject to the charge made a thousand dollars in wheat, at the end of ten years could.B refuse ao-ainst it by the gentleman from :Missouri, [Mr. BLAND,] that it was the wheat because it had fallen in price and was worth fifteen cents p~ssed by the House without a knowledge of its provisions, especially a "bushel lesw now than when the contract was made f No, sir; the upon that of coinage. law would compel him to stand to his contract. So should the bond- I myself asked the questioJ?- of Mr. Hooper, w~o stood near ~here holder. The bouds were made payable in coin, gold and silver coin, I am now standing whether It changed the law m regard to comage. ·not gold alone, but gold and silver, leaving the Government the .right And the answer of Mr. Hooper certainly left the impression upon to elect whether to pay in the one or the other or both. the whole House that the subject of the coinage was not affected by The bill I have reported is, I think, well guarded and carefully that bill. drawn, and I shall use every effort to pa-ss it or some other that will Mr. KASSON. Dicl the gentleman from Indiana [.Mr. HOLMAN] answer the same purpose. To this end I shall use every honorable himself call for the reading of the bill f exertion. I know the bondbolding interest represented on this floor Mr. HOLMAN. Certainly. bas been filibustering it for two weeks and may delay it till next Mr. KASSON. Why wa-s it not read f It was your right to have winter; but I have the satisfaction of knowing that a majority of it read. this House favor it and will hail the day when they can be brought Mr. HOLMAN. The record will show that it was not read. to a vote upon it. Mr. BLAND. The reading was called for by Mr. KERR. I have Mr. KASSON. As the gentleman from New York does not wish to the record here to show that I am competent to make a report here proceed further in the discussion of this question I shall content my- in accordance with the facts. self with some brief observations. In the aasault which has been Mr. KASSON. What does the gentleman desire to show now f made upon the coinag act of 1873 many gross misstatements have Mr. HOLMAN. Just this- been uttered. It is due to the gentlemen who were connected with Mr. KASSON. That the bill was not read f that act, which is charged to have been surreptitiously passed, that Mr. HOLMAN. I will read from the Congressional Globe: the facts in relation to it should be distinctly stated. The records of the Treasury Department show that the coinage act Mr. Ho~IAN. I suppose it is intended to have the bill read before it is put on its passa~e. of 1873 was first transmitted to the Forty-first Congress by the De- The SPEAKER. The substitute will be read. partment accom:Panied by a report. On the 25th of April,. 1870, it Mr. HooPEU, of Massachusetts, I hope not. It is a long bill, and those who are was introduced mto the Senate by Senator SHERl\IAL~ and prmted on interested in it are perfectly familiar with its provisions. Mr. KERR. The rules cannot be suspended so as to dispense with the reading of April 28. It was reported from the Committee on Finance t.o the the bill. Senate, after seven months, on the 19th of December, 1870, and again Tbe SPEAKER. They can be. printed, with amendments. It passed the Senate on the lOth of J ann- Mr. KE&n. I want the House tD understand that it is attempted to pat through nary, 1871, and went to the House, and was printed by order of the this bill without being read. • The SPEAKE it. Does the gentleman from Massachusetta [Mr. Hooper1move that House on the 13th of January, 1871. On the 25th of February, 1871, the reading of t be bill be dispensed with 1· it was again brought before this House by the honorable gentleman Mr. HOOPER, of Massachu~:~btts. I will so fr:'"me my motion to suspend the rules from Pennsylvania [Mr. KELLEY] not now in his seat, who reported th:~t it will dispense with the reading of the bill. it tack from the Committee on Coinage, Wei~bts, and Measures (of The SPRA..KEU. The "entleman from Massachusetts moves that the rules be sus- pended and that the bill pass, the reading thereof being dispensed with. which he was chairman) with an amendment m the nature of a sub- Mr. ~DAJ_L. Cannot we have a division of that motion t . stitute. It was again printed and recommitted. That same gentle- The SPEAKER. A motion to suspend the rules cannot be diVIded. man again introduced the bill in the Forty-second Congress, and Mr. RANDALL. I should like to have the bill read. although I am willing that the after considerable discussion it was again recommitted, and was not rules shall be suspended as to the pa sage of the bill. . . . The question wvs put on suspending the rules and passmg the bill Without read again considered in the House, as it appears, until the next session. ing; and (two-thirds not voting therefor) the rules were not suspended. On the 9th of February, 1872, it was reported from the Oommittee on Coina~e, Weiabts, and Measures by Mr. Hooper, and printed andre- Mr. KASSON. And that proposition failed f commttted. On the 13th of February, 1872, the bill was reported back Mr. HOLMA.N. Certainly. But I will read farther: by Mr. Hooper with amendments and made a specilJ>l 'Jrller for t,he 12th Mr. HooPER of Massachusetts. I now movo that the rules be suspended, and of March and until disposed of. And the bill finally passed the House the substitute 'for the bill in 1-elation to mints and coinage passed; sod I ask that , tbe substitute be read. May 27, 1872, upon a division, ayes 110, noes 13. The Clerk began to read the substitute. 5238 CONGRESSION~\.L RECORD-HOUSE. AUGUST 5, Mr. BROOKS. Is that the ori~inal bill1 half dollars that were being coined. That finally failed; and the re- Tbe SPEAKER. The motion of the gentleman from Massachusetts [Mr. Hooperl sult of the proposition on that subject was that the dollar of 412t O.:Qplies to the substitute, and that on wh1ch the House is called to act is being read. Mr. BROOKS. As there is to be no debato, the only chance we have to know what grains was left out; the proposed dollar equivalent to twu of t be w n are doing is to have both the bill and the substitute read. existing half dollars was left ont; and the" trade-dollar" finall y came The SPEAKER. The motion of the gentleman from Massachusetts being to sus- in in lieu of all those other propositions touching the silver dollar. P.enrl the rules and pass tho substitute, it gives no choice between the two bills. In conclusion, I will simply say that 1 regret exceedingly that t he 1'ho House must either pass the substitute or none. Mr. BROOKS. How can we choose between the original bill and the substitute language of popular prejudice should be heard in the discussion of a unless we h ear them both road 'I question of this sort on this floor. The relation between gold and silver The SPEAKER. The ~entleman C.'Ul vote "ay" or "no" on the question whether and their relative va,lue prospectively as well as at present are amon.rr this substitute shall be passed. Mr. 13ROOKS. I am very much in the habit of voting "no" when I do not know the most serious questions that can be presented to this bodv. w~ what is going on. cannot determine without further knowledge what that relation Mr. HOLM.Al'l. Before the question is taken upon suapending the rules and pass- should be, whether we should coin exactly the old coin or whether ing the bill, I hope the gentleman from Massachusetts will explain the leading we should establish a new fixed or variable relation to the gold dol- changes mado by this bill in the existing law, especially in reference to the coin- lar, in view of this unprecedented depreciation of silver or any other age. It would seem that all the small coiQa.ge of the country is intended to be re- coin~ . of these serious questions on which the greatest economists of the world are consulted by the legislative bodies of other countries be- Mr. KASSON. Come to the point :tbout the question of reading. fore they come to a decision. ~ir. HOLMA...~. I want to show that there was no reading of the If at a time when European countries, especially the Latin nations, substitute: are limiting the amoUllt of their silver coin, and Germany is repuui- Mr. HOOPER, ofMas.s achusetts. This bill makes no cba.uges in the existing law ating it, and England will not have it as one of her etandards, if at in that regard. It does not require the recoina;e of the small coins. this time the United States adopts it, what will be its effect on us Then lli. SARGENT, Mr. Farnsworth, Mr. McCormick, and Mr. Mc- who opAn our hands for their refuse unless it be to depreciate it fnr- Neely made inquiries in regard to matters of salaries and other t1Jer hereY changes cont.emplated by the bill, bnt none in relation to the question As to the effects of this bill, of which the gentleman from :Missouri of coinage, because that was understood to have been :tnswered ru- spoke, I have no time to go into it further than to say that I am not ready by .Mr. Hooper. one of the men who propose to take care of the labor of this country .Mr. KASSON. Was the substitute read f by paying it eight.y cents for a dollar's worth of wages. I am not Mr. HOLMAN. No, sir. · After the pultin~ and answering of the one of those who propose that Englishmen buying the grain of our inquiries I have ref~rred to the record closes m this way: western farmers shall send here in payment of the balance of trade in om· favor the depreciated and abandoned silver of Elll'ope, worth The guestion being taken on the motion of Mr. Hooper, of Massacbnsotta, to 10 per cent. less than our own paper money, and 20 percent. less than suspend the rules aud pass the bill, it was agreed to; there being ayes 110, noes13. the gold that England now remits in payment for the surplus prod- Mr. KASSON. I must resume the floor. The proceedings which nets of our farms. I am not disposed to do all this until all the the gentleman has read show conclnsively-- facts aml relationM of this question are submitted to U.s in a formal Mr. HOLMAN. Just a single word further. I wish to say that the and carefully prepared report, with the evidence upon which its con- subject of coinage was not supposed to be involved in the bill, and clusions rest, that we may form therefrom a more intelligent and the measure as pas ed was not read in the House. deliberate judgment. Mr. KASSON. Now I come to this point: not a word which the I learn that in France, a double-standard country, about three gentleman hns rend denies or modifies a syllable of the record whicll weeks ago~ the government suspended the coinage of five-franc pieces 1 have stated. On the contrary, it is shown cle:trly that the proposi- becanse of this uncertainty of information as to the result of the tion which was not read wns the bill which was not passed-the origi- great agitation arising from the alarming depreciation of silver. nal bill. As to the substitute, its reading was begun, as gentlemen I have here a summary of the report of a committee of the English hacl a right to call for it and a.ny single member could exact it; and Parliament on one branch of this subject, which at the request of, then an opponent of the bill on the other side of the House inter- other gentlemen I append to my remarks without asking that it may rupted the reading, preferrin~ an explanation; and then gentleman be reaa. after gentleman rose making mquiries about the contents of the bill Another question is how much surplus, if we adopt the double stand- and had them answered, after which nobody seems to have called for ard, will come from Germany~ how much will come from India, and the conclusion of the reading of the bill. That is whn.t the record how much will come from China and all Asia, from all quarters of the shows. world. I know of these questions, but I do not know sufficiently of Mr. LAWRENCE. Will the gentleman state whether it is or is not the facts, authentically, to ask this House to vote, or even to justify the fact that that bill changed the legal-tender qu~lity of the silver myself in casting a vote at this stage of onr session on the other bill dollar' now pending in the morning hour, and therafore I urge the adoption Mr. KASSON. I have not found anything in that coinage law that of these resolutions. [Cries of "vote!" "Vote!"] indicates the slightest surreptitious act or unusual proceeding. On I yield to the gentleman from Pennsylvania of the Committee on the contrary, the silver dollar was omitted from t,he original bill sent Banking a.nd Currency. here by the Treasury Department, and the consideration of that ques- The following is the summary referred to: tion ran through all th~ various bills. To sum up the more striking facts which have been brought befoM your commit- ~ir. BLAND. Will the gentleman allow me to read that part of tee, the situation at the present moment appears to ue this: the act which modified the previous law so as to limit the use of ail ver 1. The total annual production of silver bas risen to upward of £14,000,000, from as a legal tender to the amount of $5 onlyt an average of about £8 000,000 to £9,000,000 in 18fi0. Mr. KASSON. The gentleman must excuse me. He and the gen- 2. Of this amount of £14,000,000 the mines of the United J:;tate!l are estimated tleman from Indiana. [Mr. HoLMAN] have already occupied more of t() have produced about £7,000,000, with the prospect of an increase for sumo years to come. On the othor hand, if the price of silver should r emain as low as at pres- my time than I baYe myself. ent, there may be some diminution m the productio~elsowh ere. Mr. BLAND. Will not the gentleman allow me- . 3. Germany has still to dispose of an amount which is cert.ainly not less than The SPEAKER pro tempore. The gentleman from Iowa [1\:lr. KAS- sibility, £8,000,000, wi.t h the possibility that it may exceed £20,000,000 i but with tho pos- on tho other hand, that a considerably larger sum than the estimated SON] must not be interrupted by the gentleman from Missouri, [lli. amount may be nlLimately required for subsidiary coinage. BLAND.] The Chair protected the gentleman from Missouri in his 4. The Scandinavian kinguoms have discontinued the use of silver, but the rights a few moments ago; and he must now protect the gentleman amounta of demonetized sil>er coin which they have thrown or can throw on the from Iowa. · ruarkot are not important . 5 . .Austria has appareutly been exchanging silver for gold, the amount of silver Mr. BLAND. I was simply asking- held in the imperial bank having diminished from £10,000,000 to ;£6,000,000 since The SPEAKER pro tempore. The gentleman from Iowa declines to 1871. be interrupted. T_hat is sufficient for the Chair. 6. Italy has been gmclually denuded of her silver currency. Since 1865 large Mr. KASSON. I hor e it will be remembered that I only decline to the amounta have been exported; her forced \laper currency has apparently expelled whole of tbe metallic currency, of whteh the silver coins amounted at the be- be further interrupted after very large concessions in that respect. ginnin~ of 1866 to about £17,000,000 storliug. · I know very well that by that act the legal-tender quality of silver . 7. France, on the other hand, bas for somo years paat been replenishing her was limited to $5, the coinage of the old silver dollar having practi- stock of sih·er, of which during the last four years her imports have exceeded hor cally ceased long before. Nothing has been read which controverts exports by £3'1.500,000. t:!. England, Russia, and Spain have each been buyers to theextentof some millions. any part of the statement I have already made of the history of this 9. Japan and China and other countries in the east have absorbed a certain legislation through two Congresses and both Houses. I wish to add amount. further that tb.ere were letters on the subject froip. nearly all the offi- 10. India still takes silver, but in great.ly deorea.sed amounts. . 1 t. The home government has bills to sell to the extent of £15,000,000 per an - cers of the Mint-from Raymond, from Patterson, from the venerablo num, whlch debtors to India can buy in the place of remitting bullion. Thill total Dr. Torry of New York, 1rom Mr. Snowden, from Mr. Pollock, from haa lleen graclually reacheu, and represents an excess of more than£ 10,000,000 com- Dr. Linderman. The letters of these and other gentlemen who bad pared with twenty y ears ngo. 12. Tho grosa remittances of silver to India dnring the last four years ha.ve been elaborntely investigated the subject I think accompanied the report .£15,600,000 compared with £28,!JOO,OOO in the four previous years. that was presented on this question to Congress. L egislatively, the position is as follows: I .'-lid not intend to ·occupy the attention of the House thus long; ~n11any is ~rradually dt~monetizing silver, aud looks forward to its use only for but I did think it important that this House should observe that the subsidiary coinage. omission of the silver dollar from the coinage act wa.":~ a proposit.ion age The Unit.et:l States is carrying out a policy of introducing silver subsidiary coin- in tho place of all fractional paper currency now afloat, and of coiwng full - running through aU its consideration. One of the amendments pro- w ei ~h tell silvor coins, but only on a contracted scale, and oruy available for leue.l posed was to make the dollar that should be coined equivalent to two tender for a limited amount. ,.. 1876.. CONGRESSIONAL RECORD-HOUSE. . 5239 The members of the -Latin Union and Holland have adoj..ted an expectant atti- will be the relative values of golble silver, France (See Globe, volu)Jle ·89, pages 2304 to 2317.) absorbed .£35,500.000. The relief thereby ~ven to the market must have been im- Later in the session (May 27) Mr. Hooper .reported a substitute (No. mense. It is imposRible to assume that 1t can be continued on the same scale. 29J4) which, so far as the silver dollar wa-s concerned, ,was precisely· The natm·al inference to be drawn would be in thP- oppo ito direction. similar to the preceding ones, all of them ignoring the old dollar and With regard to India and the East, hitherto the Jarg~'st consumers of silver, so much must depend npon 1he prosperit,y of the population,, on tho abundance of restricting the legal t-ender of the subsidiary coins to $5. Thv.t bill the crops-in fact, on f.heir powers of production-that it is impos iul"' to make was debated by Messrs. Hooper, Brooks, HouiAN, Farnsworth, SAR- any foreca8t; and, as regards actual facts, no more cvn be stated than that on the GENT, KERR, and McNeely. one band they have always possessed a very lar~re power of absorbing bullion, Mr. McNeely was ·a member of the Committee on Coinage, and while on the othor that power has been diminished by the f.'TOWth of the sums an- nually payable b.y India to the home government. · said: The only facts m any calculations as to the future which are certain, and appear As a. member of the Committee ou Coinage, Weights, and Measures, having care· to be permanent, are the increased total production of silver and tbe eftect caused fully examined every section and line of this bill and generally well understand- by the necessity of the Indian government to draw annually for a henvy amount. ing the subject before us, I am satisfied that the bill ought to pass. Both aro adverso to tho future \alue of silver so far as they go, but they may be partially counterbalanced by changes in the trade with tho East. Asre~rards Em ope, much must<.lcpend upon tho action taken bv the governments It was thoroughly investig~ted by everybody who felt an interest of the \:t.rions counlries where th question of the currency to 'be acfopted i t~till in it, and passed, as has been st,ated, by a vote of 110 to 13. unsettleu. Your committee have not-considered it to be within the scope of the It was twenty-two times before the House and Senate, aud occu- queRtions referred to them to make inquiry as to the intentions of these govern- lllf'nts, though man.v references to their views will be fount! in the various official in pied over thil:ty-nine columns of the Globe its discussious. documents procw·eU for the committee by the foreign office. Your committee on In the preparation of the bill presented by the report of the Comp- tWR point would sim~ly remark that it iK obvious that, if effect shonlrt be given troller of the Currency, and it was a very able report; by the bill of to 1be policy of substituting gold for silver wherever it is feasible, aml giving gold,Mr. KELLEY; by the bill of Mr. Hooper; by the substitute of l\Ir. for the sake of its ad•antages m international commerce, the preference even axuong Hooper-on every occasion that matter came up before the House of populations whoso habit~; and customs are in favor of silver, and thus displacing silver from the position (which it ha.'l ah\'ays OCCUJlied) of doing the work of the Representatives and before the Senate, that dollar of 412t grains was currency on-r at least 1\8 large an area as 1f01d, no possible limit.a could be MsignedomittJCu and its omission explruned when the reason was demanded. to the fmtber fall in ita val no, which would inevitably take place; but your com- In the bills presented by Mr. Hooper it was proposed to coin a dollar mittee are bound to refrain from p:iving any opinion on the expediency'of such a of 384 grains, as I said before, but that was eventually dropped out policy or the necessity for its adoption. In conclusion, your committco havo t~ observe that, while they have endeavored and the trade-dollar inserted in its st.ead. to be as precise as podsible in their stat-ement of the facts which have been brought I therefore say, Mr. Speaker, it is due in justice to the memory of to 1heir notico and to give an explicit answer to the questioni referrod to them, as the dead aud in justice to the living-it is due to my friend fram to the causes of the present depreciation of silver, they con icler that, in \-i.ow of Pennsylvania, [Mr. KELLEY,] not here to-day, that it should be stated . the many uncertain elements to which they have pointed, and which necessarily enter into every calculation as to the future. they are not authorized to olfer any on this floor that this bill, in the la t sessiou of Congress in wbich it fm1her opinion as to the probable com-se of the sliver market beyonu indicating, was investigated, came before the Congress of the United States more as tboy ha.•e e1uleavored to do, the various circumst:l.nces which have to be taken than twenty times, and that the very question under discussion now into account. was then explained by Mr. KELLEY and Mr. Hooper as fully ail possi- Mr. TOWNSEND, of Pennsylvania. Mr. Speaker, I do not want to ble. It must be remembered that they stated very clearly the rerumn detain the House ut this late bour of the afternoon, but as the com- why it was that the dollar of 412i grains was omitted. It was ex- plaint appears to be t.hat by legislation of Congress the silver cl.o llar plained in the Senate by Mr. SHERMAN and others, rurd the whole was <.lemonetizep, and as the charge has been made by t.he geu~lemun country had this matter under consideration for more thn two years, from Missouri [Mr. BLA....~D] that it was clone surreptitiously and per- and at t.he end of that time came to the conclusion the silver dollar petrated an injustice and a fraud upon the people, I wish to say to should be dP-monetized. I say, therefore, it is due to the memory of the House tba.t 1 have !ere in m-y hand the whole proceedings fmm the dead-l\1r. Hooper-and in justice to my living colleague who the concept,ion of the idea of 1ho demonetization of the silver dollar nevor does tllings surreptitiously, that this explanation ,ihould be down to the tinal consummation in the law of 1873. made, thatit was not done fraudulently, as the gentleman from .Mis- In the report which was made by .Mr. J. J. Knox, now the Comp- somi [Mr. BLAND] has said. And his remarks are an unjust aspersion troller of the Currency, in 1870, with regard to the re-organization upon t.he frankness and birness of gentlemen formerly and now upon of the :h'lint and the draught of a bill which accompanied it, the this floor. I trust he will recall when he cQmes to look over the whole silYer dollar of 412-f graiD.M was left entirely ·out. In the corres- of the record in the Congressional Globe the charge he has made pondence which took place between the Treasmy Department and against upright and honorable men as fully and amply aa he has the officers of the Mint and scientific men all (IVer tbe country it made it. . was the almost unanimous conclusion of those learned men, who Now, in regard to the bill of the gentleman from Missouri, [Mr. had bestowed attention on the subject, that the dollar of 412t grains BLAKD,] of which be baa been speaking, I can imagine no legislation should be omitted. In the session of 1871, aa has already been stated, which this Bouse can undertake that would be more disastrous to the my colleague from Pennsylvania [Mr. KELLEY] offered n. bill in in..terests of the country than the passage of that very bill. It would which that dollar was not mentioned at all. It is No. 5 of the first change the existing relations of debtor and creditor all over the conn- session of t.he Forty-second Congress. try. It would change every contract, public and private, in the land, It was reported ngain by Mr. KELLEY on January 9, 1872, with his whether written or verbal. And, more than that, it would be the recommendation that it do pass, and was debated by him .and Potter; most fatal blow which ever wa-s struck at the credit of the nation. GARFIELD, HOL..'lAN, and others. On the next day the <'Onsideration It is a proposition, in the first place, which would defraud the laborer of it was resumed and my colleague explained the bill and it was re- of his wages, and it would give the bonanza silver miners four or five committed. It was reported back by Mr. Hooper as bill No. 1427 on million dollars a year of additional profit on the product of their 'tbe·9th of February, having in itasubsidiarydollarof 384gtainsand mines. It would take from the L'tboring-man 15 to 20 per cent. of his divisions thereof but omitting the old dollar of 412t grains and pro- hard-earned daily wages and transfer it to the pockets of another. viding that no coins of gold, silver, or minor coinage other than those It would, besides that, as I said awhile ago, strike down the credit of the denominations, standa.rds, and weights therein set forth should of the nation. And we have to remember that if this bill paeses we be coined. Mr. Hooper explained it in ten columns of the Globe, and say to the national creditor: "We propose to pay you1 principal and stated specifically that the renson the dollar was reduced to 384 grains interest, a.t the mte of eighty-five cents on the dollar." And I Il1J1Y was that the silver dollar was worth one hundred and three cents in remark that there are yet remaining nearly $1,000,000,000 of 6 per gold ancl was exported and we could not keep it here. My colleague, cents that we want to change into 5 per cents. But with this threat [Mr. KELLEY,] then chairman of the Committee on Coinage, Weights, hanging over them, that we intend to repudiate the opligations of and Measures, gave most substantial reasons for tho omission of the the Government to the extent of 15 per cent., we will never be able old dollar, the sound policy of which I most heartily indorse, espe- to induce a bondholder to change another bond from a 6 per cent. to cially his observations on the double standard. He saicl: a. 5 per cent. loan. I wish to ask the ~t"ntleman who bas just spoken fl\!r. Pott-er] if he knows of There is another point to which I ~ish to call the attention of the· any ~rovcrnment in tbo world which makes its subsidiary coinaa e any alle~a.­ Senator from Vermont, and I will yield with the understanding that tion upon my mere recollection, but produce the sworn language-of I can have my bill.taken up when the Sena.te gets through with the the witnesses, I submit whether it would not be well to forego the joint r&;olution. I know it will take but a few moments, and rather readhJg of but one sicle of so grave a question as this until the other than have any delay here I will waive for the present my motion can also bo presented in the same wa.y, when for t.he presentation of with the understanding that my bill can be acted upon immediately that other side there has not been yet the possibility of an opportu- after. nity. THE WRECK OF THE TECUMSEH. Therefore it is that I trust the reading of this report, which the Mr. EDMUNDS. I will submit the motion, and then the Chair can minority have never yet had an opportunity to examine-! do not count the Senate, to take up the Tecumseh resolution. I do not wish put it, however, on that ground-should be suspended until the views to do it unless t.he Chair sees there is a. quorum. I do not think we of the majority and the minority can be presented together. I may onght to act without a quorum. say, moreover, that there has been no laches on the part of the minor- The PREt:;JDENT pro tempore, (after a pause.) Thirty-six Senators ity, but we have proceeded just ns fast and even in advance of the are present., which is a quorum. The Senator from Vermont moves fmnishing to them of the printed testimony in the case. that the Senate proceed to t-h e consideration of the joint resolution .Mr. BOUT"\ttttm" fulmen; it has and no money raised by taxation in any State- no sanction and there is no one to enforce it. If the power was given to Congress by legislation to enforce the amendment, we could make For what purpose, nowf I call attention to the limitation- it a high crime for any officer to pay or for any one to receive the no money raised by taxation in any State for the support of public S()hools, or de- money, or we could by legislation appoint some official, possibly the rived from any public fund therefor- Attorney-General of the United States, whose duty it should be to That is, a public fund for public schools- bring the violation to the attention of the courts. The only remedy nor any public lands devoted thereto- now unuer the amendment, and I do not know whether that could be That is devoted to public schools- without further legislation, would be for a tax-payer to seek the shall ever be under the control of any religious sect; nor shall any moneys so raised courts and after the money had been paid and spent, and after tedi- or lands so devoted- ous years perhaps the tax-payer might recover his contribution to • Limited all the way to the public schools- that fund. Therefore it seems to me that another section should be be divided among religious se(lts or denominations. added giving Congress the power to enforce this amendment. But there is a more serious objection to the amendment than that It simply prohibits, after a. fund has been raised for public sc~oob · I have noticed. The amendment only applies to a school fund and or after lands have been devoted to public-school purposes, the dtver- prohibits its being appropriated to schools untler denomina.tional con- sion of that fund or those lands to sectarian schools or for the benefit trol. There is not a word in the amendment that prohibits public of churches. That is all it does. Theological schools, schools whers money from being approp1·iat.ed to theological seminaries, to reforma- any particular system of religion is taught, are not the public schools ; tories, to monasteries, to nunneries, to houses Of the Good Shepherd, and there is no prohibition there upon the States raising any amount and ma11y kindred purposes. We know that in one State within a of money or devoting any amount of public lands to the support of decade $1,200,000 was voted Protestant institutions for which the private schools for instruction in the religion of any sect. • 5246' CONGRESSIONAL RECORD-SENATE. AUGUST 7, ' This resolution, then, prohiuits the States from committing the Mr. BOUTWELL. Is that pending f wroug when it is at.tempted indirectly, but leaves the States f.ull power :Mr. HAMLIN. No, not pending; but it was laid on the table with to commit the same wTong whenever they choose to do It dtrectly. the understanding tlmt it should come up after we got through with f There is the defect of this resolution and that is the main defect. this. Bnt there is another defect. It simply probiuits the States from do-· Mr. EDMUNDS. 'Mr. President, before I begin on what I was int; thes~ thin•rs; it does not prohibit the United States; and nmler speaking 3tbout on Satnrday, I wish to say, although I cliu not have th~ Constituti~n of the United States, as it now stand , it is entirely the opportunit.y readiiy when the matter last before the Senate was competent to devote lands or impose taxes and approi?ria,te money disposed of, that it seems perfectly obvious from what has been stated for ~:;cctariau purpose . The amendment, therefore, which Rhould be by the Senator from :Michigan [Mr. CHRISTIANCY] and the Senator suumitted to meet this eutire evil ought to cover the whole ground: from New Jersey [Mr. FRELrnGHUYSEN] that the proposition that it ought to prohibit the Federnl Government, as well as the St:tte bas come O\'er to us is perfectly illusory as it sta.nds, clearly and ab- governments, from doing anything of this kind. I prepared on Sa.t - solutely so. Whether that arose from a want of duo consideration mday last a snbstitute which I propose to offer and have sent to tho or from a want of disposition to go further than tho Honse has gone, committee, which covers the entire ground. It is true I have said of course is left to conjecture. The presumption mnst be that tho nothing in it prohibiting a division, because the language used pro- House ha.s carefully considered the proposition, and this is all that it hibiting an l:\>ppropriation or dona~i~~ fo! ~ny such purpose cov~rs desires to uo on the subject. However, that is merely in reference to this ground and would prevent a dlVlSIOnlf 1t were raiSed for pubhc- what has taken place, and I do not care to enlarge upon it now. school purposes; it would prevent a diversion, and n.s I may ·wish to 'Vhen we left off on Saturday evening, Mr. President, we had been make a remark or two on this as I proceed. I will read the substitute. drawn, legit~mately I admit, into a consideration of the state of affairs The first clause is the same as that which passed the House. in the States not long since in rebellion. We bad been drawn into it No tate shall make any law respecting the establishment of religion or prohibit- by a persistent and filibustering (if I may use such a phrase) opposi- ing the free exercise th~reof- tion to taking up and acting upon a simple resolution, such as passes twenty times in every session with universal approbation, to print an N~w follows the distinctive changes- extra number of copies of a public document affecting the public con- nor shall Con[!'ress nor any State ra.ise by taxation, donate, or aprwopriate any cern, the expense of which I am told by my friend at my ri~ht [Mr. money or property for the'support of any uhurch or religious societ.v, nor for the .A.NTHO~"'Y] would be less than .,.300. It was said in oppositwn to it support or in aid of any thrological school m· seminary, (lr of any school or seminary that it was a.n electioneering document, designed for political purpo es. tc::tcbiug tbe peculiar religious doctrines or subject in any respect to the control.or Mr. President, in this Republic every document that affects the welfare direction of any church, religious society, sect, or denomination. And no spemal or fleuominational system of religion or religious belief shall in any State or Terri- and interest of the people is and ought to be a political and elec- tm·y or in the District of Columbia constitute any part of the cou.rse of study or in- tioneering document, because the essential idea of a Repnl:11.ic is tha.t struction in any scbQol or· institution of learning supported wholly or in part by the people, every one of them, are entitled to know what the Govern- taxation or by ihe donation of any money or property by any State or by ,the United ment proposes t.o do, and is doing, and how public affairs are carried States. on, and what is'' the state of the Union," as in another branch the This substitute, a.s I have said, covers the entire ground. It takes phrase is, where they have a CommitJ.ee of the Whole on that snh- up the poisonous tree by the root, while the resolution sent ns by the ject all the-time. But, as I have said, this simple propo itiou to print Honse cuts off but a minor ~tnd unimportant branch. I will send the an extra number for dissemination among the people, for their infor- snustitnte t.o the Chair and a k to have it referrefl to the Committee mation, of a message of the President of the United States on a snb- on the Judiciary with the resolution of the House. · ject of pnblic concern respecting an occurrence that Senators who Mr.l\10RTON. I wish to express mysurprisen.t the reading of this 'have resorted to exped~ents to prevent its being acted upon say there re olution as it has come to us. It is very clear that you can drive are no words sufficient to chara-cterize the shocking atrocit.y and wick- au omuibus through it. All it provides is that a funcl raised for the edness of, is yet at.tempted to be "whistled clown the wind" as a po- benefit of the public schools, already dedicated and set aparb for that litical and electioneering clocnment. Are the gentlemen who oppose Jmrpo o, cannot be diverted t.o a sectarian school; but it does not thispropm;ition afraid that the intelligent people of the United States pro hi uit a State from appropriating money out of its general trea~ury will find out the truth.f Or, if these official documents do not con- that was not raised for school purposes for the support of sectarian tain the truth, are they afraid that the truth cannot be made known sohools ;. and it does not prevent a State from levying an original tax to them f I think that is a very extmordinary proposition to advance for the support of sectarian schools. H simply protects a school fund· in this body. But ont of it we have been drawn naturally ancl nec- raised as a general school fund ueuicated for that purpose from be- essarily into a consideration of the condition of public afi'ali-s in the iug afterward diverted to sectarian schools, and lef~>ves every State States lately in rebellion. , free to wake an appropriation out of the general treasury, out of When I stopped on Saturday I was proceeding to show, not by any muneys raised for all purposes, to the support of sectarian schools or assertion of mine, but by the solemn official action of that revolu- e\·en t.o create a svecial tax for that purpose. It is competent, there- tionary procee$liug that inaugurated .what they call a new constitu- fore, for anv State to appropriate money out of the ge11eral treasury tion in the State of Texas, carried on by those who had been in the of that State for the snpport of Catholic schools or Protestant schools, rebellion and in opposition to tho e who had resisted it, that one of or to levy a tax directly upon the people for that purpose. This the chief safeguards of repn blican liberty in that State, a, public system nmendment would not interfere with any legislation of tha,t kind. I of free education, had been substantially overtbrow!l; and that, al- hope it will be properly amended and sent back to the other Honse though on the solemn faith of keeping the provision of the old con- in time to be passed, so that it may go before the States next winter. stitution that rebellious State was restored to the Union; not by that Mr. LOGAN. I call for the regular order. general faith that in admitting new States is considered to be under- The PRESIDENT pro tempore. The joint resolution will be re- stood and implied that they will hold ou to the essential principles of ferred to the Committee on the Judiciary, with the proposed amend- the constitution we agree they may como in on; but on a special and ments . particular provision in the act of Conb'l·ess which anthorized this re- • Ur. SAULSBURY. I do not wish to discuss this matter-- construction that the State of Texas should never alter tbese provii- Ml\ LOGAN. I withdraw the call for a moment. ions for this free security and maintenance of public schools. I am .Mr. SAULSBURY. I do not wiBh to discuss the resolution at all. not giving the very words, but the su.bstance, and I a~ sn1·e I do not I d.o not think this is tlte proper .time to discuss it. I have no ques- overstate it. The reconstftlcted State of Texas by an ordinance of tion that the object was to remove the fear which had been raised as its convention agreed to that and pledged the honor-for little else a bugaboo throughout the country for political purposes. 'fhe ob- could be pledged, for there is nothing between honor and force on jections here raised I regard as captious and not of substance. Let such a question-pledged the honor of the reconstructed State of tile resolution go to the committee, and if it needs amendment let it Toxas that they would stand to this provision they had adopted about be amended; but I do not believe that the criticisms which have been public schools as one of tbe most beneficent, wholesome, productive made here have any very good effect. The object of the resolution of all the force that could be put into operation in that State for its . was to meet what was consiuered a defect and which bas engendered regeneration and improvement. And yet we find them on the first a good deal of political discussion, and it has met that question fairly occasion when the democracy, as it is called, which of course in that as the House has sent it here. If the Senate chooEe to adopt it, well country is merely another name for re-organized rebellion-the mo- aud good. If they do not choose to adopt it, let them say so. ment the democracy in that State by right or wrong gain po&;essiou The joint resolution was referred to the Committee on the Judi- of power, they resort to revclutionary and unconstitutional methods ciary, with the various amendments proposed. to repudiate this very provision to which their plighted faith was THE HAMBURGH RIOTS. pledged. But my honorable friend from Texas, [Mr. MAXEY,] who I am sure The PRESIDENT pro tempo·re. The regular order is before the Sen-· would not wish himself to do a thing of that 'kind, says that after ate, being the unfinished business of Saturday last, which is the reso- all the new constitution is sufficiently effective, although the old one lution to print 10,000 copies of the President's message and accom- required a quarter of the general revenues of the State to be appro- pauying document in relation to the ma-ssacre at Hamburgh. priated to public schoQls and tho new constitution absolves the Legis- Mr. BOUTWELJ.. I desire to give notice that, if there is no other la.ture from any duty to appropriate a dollar; they need give nothing busiuess more important or pressing, I purpose aft.er the usual morn- at all now, wherea.a before they were to give a quarter; and he sa.ys ing busines to-morrow morning to call up for consideration the House that this is still an efficient and good system. Upon that point I wish bill to perfect the revision of laws. to read from the report of the superintendent of public instruction Mr. HAMLIN. I suppose the Senator will not interfere with the of the Stat.e of Texas for the scholastic year ending the 31st of August, disposition of the post-route bill f 1875. All of his report is very suggestive and very instructive. l.Jut • 1876. CONGRESSIONAL RECORD-SENATE. 5247 I can only in the condensed w!'ty in which I wisl.J to treat this subject Now mark what he says, Mr. President.-- a refer to few paragraphs. He S!'LYS on page 25: I si.nce, by tl1e terms of the proposed constitution, it ;g for the present impractica- ble to establish and maintain any general system of public free schools. The honorable fourteenth Legislature failed to make an appropriation for tbe payment of cuunty superintendents and school directors for the scholastic year I was almost prophetic when I stated on Saturday that it appeared £nc.ling August 31, 1816. to me from that constitntion, 01: the little that I coulllunderstn.nd of The law of Texas, aR I understand, required that these public offi- it, that it bad been so changed with certain lands as a fund that any cers, who had t.he whole management of the public-school system in present m:1intenance of public schools for anything that that consti- rreneral under the State and in particular in the various localities, tution required to be done was totally out of the question, ancl I find ;:,,ere entitled to certain salaries, modest and small, as will be seen by that fortitied and proved by the report of this gentleman officially the context; and yet the democratic Legislature of the State of Texas made that under the new coustitution- the moment it got into power failed to make any appropriation at all it is for the present impracticable to estahlish and maintain any general system to pay them the small stipend or to enable them to carry on the per- of public free l!lcbools. formance of their duties, much as in another quarter at this present 'l'he beat that can be done under the circumstances is for tho State to aid private time, it is said-I cannot allude to it otherwise-that a democratic educational enterprise tQ the extent of the means authorized to be expe-nded for g-ratuitous instructJon by the terms of the proposed constitution, by providing that bodv, full of reform and good works, proposes not to carry on this a certain proportion of the scholastic population may be instructed in private schools Government unless a good many laws shall be changed to suit their at the expense of the State. notions. He continues to say: .Then he goes on to reco_mmend that the only way to dispose of these It becomes my duty to ~ll attention _to the justice of making an appropriation at public lands will be by selling them in very large b:>dies to individu:1l an early day to satisfy th1~ class of clmms. capita1ists and speculators as the only wu,y of getting rid of them at Under the law, school directors are allowed compensation at the rate of $4 per day for the tiwe a{)tllf1lly employed aa directors, provided such employment does not all in order to get any money to do anything with. He says in con- e~ceed ttm days in any one year. · clusion, which is perhaps something of an indica.tion of the state of public opinion in the State of Texa-s on this subject of free schools- That is $40 apiece salary for the whole year. To such of ttbe people, officers, teachers, and press as have faithfully come'for- Tbe county snperinten?ent, in addition to his ser~ce as president of the board ward in the face of the bitter prcjnrlices, obstinate a.nta:;onism, and given me their of school directors, is ent1tletl to $1 per day fot· the time employed as county super· much.neetled sympathy and co-operation in tl!e difticnlt and embanassing duties intemlent, provided the time employed in the duties of hid office shall not exceed connected with this department, my warmest thanks are due and herewith respect- · t,hirty days in one scholastic year. - fully tendered. That would be 120 a year for him. An estimate based upon the presumption that the five directors and the county 0. N. HOLLINGSWORTH, superintendent. for each of tho one hundred and thirty-nine counties lmown to have State Superinte111J..ent Public Instr-uction. maintained public school or_ganizations served the full time authoriz~d by Jaw, wonltl give the amount of deficiency appropriation required to meet their claims This is not quite all upon this topic. On looking further into this as follows: new constitution I :find these provisions, which, as Ietmderstand Deficiency appropriation neces.~ry to pay directors ...•........•........ $27, 800 00 them -and if I am wrong my friend from Texas, (Mr. MAXEY,) in the Deficiency appropriation necessary to pay superintendents...... _....... 16, 680 00 correctness of whose persoual st:1tements I have implicit faith, will Total ............................................ __ ......•... ····-· 44,480 00 correct me-l suppose refer to the university to be set up under the grant by the Uniterl. States of lands for aa agricultural college. My This small sum to pay the stipends of $40 at the utmost in one case friend sha.kes his head, and I take it it does not. and $1~0 in the other of the very men under whose cha.rge and con- Mr. MAXEY. I will state to the Senator that during the days of trol this work must go on, the first glorious democratic Legislature of the republic, nearly forty years ago, provision was made, and most Texas declined to appropriate. They felt it to be their authority ample provision, for the establishment of one or more universities. under the constitution not to carry out their existing laws, in the face A very large amount of land was appropriated for that purpose of the plighted faith of that State that its constitution and t.he laws dming the days of the republic; and iA patented land. It has noth- made under it in respect to public schools should be faithfully car- ing to do with the agricultural colJ.-ege. ried out :1nd executed. Now he goes on to say: Mr. EDMUNDS. That I think appears in the tenth, eleventh, and Prior to March 15, 1875, the trustees of the several school districts were 8nthor- twelfth sections of this new constitntion, beginning at the tenth. ized to open schools and contract with teachers to conduc.t the schools for four Tbo Legislature shall, as soon as practicable, establish ~ * * the University months in the year. of Texas, &c. Not a very hAavy pro?ortion of time, everybody will agree; there Bnt now when we come down to the thirteenth section, which is was nothing extravagant about that. the one to which. I referred and wltich I understand by reading it re- The amount of salary was not limited by law, but left to the discretion of the fers to the agricultural college to which the United States has granted school trustees. Board.s of scl1ool directors, U.nder the law in force prior to the date above men- lands-- tioned, were empoweretl to levy such deficiency tax as might be necessary to meet 1\lr. MA.XEY. · I have not the constitution before me. The univer- the liahilities thus created by the trnstee.s. sity is au entirely different thing from the agricultural college. Prior to the time, however, when tbe boards of school directors had levied the Mr. EDMUNDS. I will read section thirteen and see if this is it: tax td meet the liabilities, the public schools bad, in general. boon taught for the time re·1uiretl by law, aml warrants harl been issued, payable out of the school tax The Agricultural and Mechanical College of'. Texas- when the same might be levied and collected. That is it, I believe. Now we come to that college for which the That is to say, they had got the school-teachers to go it on tick in Congress has granted a munificent donation of public lands to support order to give thei:n the public schools, and would have the tax as- for the equal advantage, I suppose, of all the citizens of the United sessed afterward. States who are competent, without regard to color, to get in- On the 15th of March, 1875, the Legislature passed a law limiting the power of The Agricultural and Mechanical Colle~e of Texas, established by an act of the the boarrls of school directors, to the extent that under no circumstances attersaid Le~islaturo. pa.ssetl April17, 1811, located iu the county of Brazos, is hereby matle dlljte coultl they levy a tax greawr than ! of 1 per cent. in any school district, tor am1 constituted a branch of t.he U11iversity of Texa.~ for instruction in a~riculture, the payment of teachers, in any scholastic yea•·· the mechanic arts, and the natural sciences connected therewith. And the Legis- lature shall, at its next 8ession, make an appropriation, not to exceed $40,000, for the By which little democratic performance the school-teachers were construc1ion and completion of the bniltlin_gs and improvements, and for providing left without their pay. the furniture necesl!ary to put said college in immediate and successful operation. The passage of this law, therefore- That is the agricult.ural college; and if it stopped there it would He says- look very fair that while the constitution absolved the Legislature deprived the directors of the power to provide for the payment of liabilities cre- from appropriatiug a dollar of money to support public schools, it did ated under the law. · require them to appropriate $40,000 for a university. Next- It will be seen that in the connti!'ls reporting there appears to be owing to the SEc. H. The Legislature shall also, when deemed practicable- teachers for the scholastic year ending August 31, lil75, the sum of $50,59d. These debts are local debts due from the school districts to the teachers; and, unless t.he Not now by $40,000 or any other sum, but also" when deemed pra-c- Legislature make some provision for the payment of these liahilitie~ in the dis- ticable," that is by it- . tricts by a special tax, the teachers who earnetl their salaries under one law are establish and provide for the maintenance of a college or branch university for the dep1ived of their only resource for vay by an amemlmeut to the law made after the instruction of the coloretl youths of the State, to be located by a vote of the people: service was performecl in good faith. • Provided, That no tax Rha.ll l>e levied antl no money appropl'iated out of the gen- In ·d ew of the fact that a large number of the counties of the State are interested in the settlement of thcsu just claims, it is respectfully sug_geste!l that a general eral revenue, either for t.his purpose or for the establishment and erection of the la.w he passed autl10riziug such officers as may be designated by law to levy a spe- buildings of the Universit.y of Texas. cial tax to meet these deficiencies. They give to that thing for which the United States had graated Whether tb at was done after this act of repudiation, I clo not know. hundreds of thousands of acres of public l:1nd for the general benetit I hope that a returning sense of jnstice induced that Legislature to .of all its citizens and required tJ:!e buililings to be put up by the State, do it. Now he speaks ou the subject to which we more particularly $40,000 for the whites. . rcfellred on Saturday. Mr. McMILLAN. Not to exceed $40,000. . FUTURE PUDUC·SCHOOL POLICY. Mr. EDMUNDS. Not to exceed $40,000; but I will call it $40,000. 'raking it for granted that the proposed const.i tution for the State- I wish to state it fully np to the mark on thu,t side. Tllen when it The one now adopted and in fact in force, whether by law or them comes to the other section here is another agricultural co1lege for not- under t.h e gift of the United States, except that at some future time, when the Legislature of that State shall deem it practicable, framed by the constitutional convention that assembled at the capital September they may esta~lish and provicle for the mainteu:1nce and instn1ction 6, 1875. and submitted to the Jleople for adoption or rejection on the 15tlt of Feb· rnar.v, 1876, will be ratitied, I tleem it unnecessary t<> make any recommendations as of the coloretl youths of that State a college to be located by a vote to futme legislatiou upon t.hia subject, since- of the people, but no money to aid in the establishment of the college 5248 CONGRESSIONAL RECORD-SENATE. AUGUST 7 1 or the erection of its buildings shall be taxed upon the people of the would stand up equally to prosecute a thing of tha.t kind, but I a.m State. not snre that he would be so successful as be was in this instance of Mr. President, if that is the "equality before the law" that we a murder for private gain. f have beard so much of very lately in certain platforms ancl in certain In reference to the Limestone affa.ir, which perhaps we never should letter~ of acceptance, produced by the very people who enacted this have beard of but for the riot at Ham burgh, it appears that a news- constitution, then I think it hip;h time that Congress, so far as it ha-s paper printed close by the spot in an adjoining county g~ves as a pub- the power over the agricultural-college fund, should take now of it, lic hem of news the statement of an occurrence similar to that at aud high t.ime that the people of the United Stat-es who do not believe Hamburgh, where from mere disagreement of race, or of politics, or in humbug and in illusions and in lies, whether they appear in plat- from an attempt to coerce and oppress and control people, thirty or forms or in letters, should take note. This saying of ono thing to t.he forty human beings, citizens of the State of Texas, have been sent to ear of the people for their vot.es and doing another thing in the acts their graves; no verdicts of guilty t4at we know of yet, from any in respect of which those votes are1 desired ought to be carefully taken jury; no prosecutions; but the thing goes a.s a matter of course. into consideration. I do not speak of this because it is tho State of Mr. MAXEY. I stated on Saturday that I had never beard of the Texas; myhonorablefriend knows that. It isonlythekey-noto that transaction to which the Senator now refers. Since that time I have pitches the tune in every southern State that went into the rebellion, taken mnch pains to ascertain from the Representatives from Texas or neal'lyeveryone. There are, perhaps, one or two honora.ble, notn,ble in tho lower Honse if they know anything abont it. None of them exceptions, but generally it is the key-note of that aristocratic reaction have any knowledge of such a transaction as is mentioned in the w h ioh doos not intend that the colored man shall make himsolf capable Waco Register. The. information which they have in regard to this of defe•ding his rights either in the forum or in the field, fori n telligence affair, which occurred not eight or nine months ago, but about two is necessttry to do it; that he shall be in fact, as he was in law before, years ago, was that the same man to whom I ~eferred on Satur- the mere serf of the master upon whose estate he is allowed to labor. day, a colored mau, Trammell, was connected With the murder of That is the eminently painful aspect of this case that is attempted in Applewhite, in the town of Groesbeck, in Limestone County, in cold platforms and letters to be sugared over by sweet and general words blood, in lt;71, and was indicted for the murder during the days about universal equality before tho lMv; that is, if the law be made of Governor Davis, under a republican administration. The records by the particular State wherein the equality is attempted to be as- were subsequently burned by an armed mob, and this same man sert,ed. This is tho typo; it is not the exception. It represents a Trammell was tried to be arrested by the sheriff for his crime, and sentiment; for what can be more solemn audrcsponsible than the rep- was indicted for this arson. This, as I understand, was also under resentatives of th·e people of a great State assembling in a conven- the republican administration. Since the democrats acceded to power tion, alt.hough it be revolutionary in point of law, yet with ::~.Jl the dig- writs of capias were issued and placed in the bands of the sherUI for nity and solenmityof changing its organic fundamental law in aspects the arrest of Trammell. The sheriff and his posse attempted to arrest like thesef Is not that going backward instead of forward, repeal- him on those writs of capias, and were fired on by Trammell and his ing the fnnc¥tmental antl irrevocable former constitution, to which party, nnd C1endennin, one of the sheriff's posse, was killed; and then the plighted faith of the State had been pledged, in accepting this act this killing of Trammell took place. of Congress which requirend that gr~at people for whos~ Ittes m which these works are located. I .do not "know where some of sake m some degree I have now spoken:_ them are at all, a.s I listened to th~ reading. ·Doubtless the chafrmau From yon alone the guarantee does, and in a moment can add the States. . Of union, freedom, peace, we claim ; ?rir. ALLISON. I will add that to the memorandum and have it We nrge no conqueror's terlllS of s~e. printed in the RECORD. 5254 CONGRESSIONAL RECORD-.SENATE. AuGus~ 7, Mr. CONKLING. Then llow is the bill to be printed; simply over That the Senate recede from its amendment numbered 93, and agree to the clause proposed to be stricken out with an amendment, as follows: In lien of "thre ) again as it was paased f thouaand" insert "two thousand five hundred ;" and the House agree to the same. t .Mr. ALLISON. The conference report I suppose will be printed. That the House recede from its disagreement to the amendment of the Senate .Mr. CONKLING. I submit that it is idle to print merely the con- numbered 101, and agree to the same mth an amendment, as follows : In lieu of ference report, and then print the bill over again, as the bill has been "thirty-nine thousand and six hundred" insert "thirty-five thousand;" and the printed already. If it is to be printed, I submit it ought to be printed Senate aaree to the same. That the House recede from its disagreement to the amendment of the Senate with the proposed amendments incorporated in it. Otherwise how nll11Wered 105, and ajZJ'ee to the same, with an amendment as follows: Insert "one are we gomg to print it f The bill is here as·we passed it. We know hundred and forty-tWo" in lieu of "one hundred and fifty;" and the Senate agree how that is. It was not changed in a single instance. Therefore we to the same. · may as well I think have it printed as it will stand when amended That the Senate recede from its amendment numbered 113, and agree to the clause pro~sed to be stricken out, with the following amendment: In lien of" fiftv by the conference report. · thousand' insert "twenty-nine thousand six hundred;'' and the Honse agree~ Mr. EDMUNDS. Let it be printed just as a bill from t11e House the same. · would be, as amended, showing what is stricken out and what is in- That the Honse recede from ita dis.'\greement to the amendment of the Senate serted. . numbered 116, and agree to the same, with an amendment as follows: In lieu of "fifty" in.s ert "thirty:" and the Senate agree thereto. . Mr. CONKLING. If printed that way, there would be no use to That the Senate recede from its amendment numbered 119, and agree to the clause print it as we agreed to it. proposed to be stricken out, with an amendment as follows: In lieu of "seven" in- Mr. ALLISON. I suggest that the original Honse bill be printed sert "five;" and the Honse agree thereto. with the amendments agreed to by the Senate, and then indicate That the Senate recede from its amendment numbered 122, and agroo to the clause proposed to be stricken out, with an amendment as follows: Insert "ftve" in lieu upon the same items the changes made by the conference committee. of "ten;'' and the House agree thereto. Mr. EDMUNDS. Certainly, let the print ·show every step in the That the ·Senate recede from its amendment numbered 123, and agree to the clause progress of the affair. proposed to be stricken out, wi\h an amendment as follows: Insert" five" in lien of "eight;" and the Honse agree thereto. . Mr. ALLISON. Then the. whole thing will appear. That the Senate recede from 1ts amendment numbered 134, and agree to the clause The PRESIDBNT pro tem.po1'e. The order to print will be made as proposed to be stricken out, with an amendment as follows: Insert ''five" in lien suggested. of "eight;" and the House agree thereto. 'fhe following is the statement submitted by Mr. ALLISON: That the House recede from its disajZJ'eem.e nt to the amendment of the Senate numbered 148, and agree to the same, with the following amendment: In lien of the .ADDITIONS. words proposed to be inserted, insert as follows: "Pt·ovided, That tlO,OOO thereof Dunkirk, New York ...................................................... $18,000 shall be expended for removing the bar at Fort Smith, Arkansas; and provided further, That $40,000 of the above sum shall be expended on the Missouri River, in- l!l~!.! ! ! ! ! ! ! ! !.! ! ! ! ! ! ! i!i!i ! ! i!i i! ;i.l cluding improvements opposite Saint Joseph, Missouri, and at Nebraska. City;" and the Senate agree to the same. · That the Honse recede from its disagreement to the amendment of the Senate numbered 153t and agree to the same, with the following amendment: Strike out "two hundrea" in lliie 22, p~~e 15 of the bill, and insert in lieu thereof "one hun- dred and seventy-five:" and tne Senate agree thereto. That the Honse recede from its disagreement to the amendment of the Senate numbered 160, and a:p:ee to the same, with an amendment a.'J follows: Insert " ev- ~~:rro~~:.~~::: ::::::::::::::::::::::::::::::::::::::::::::::::::: ~: ~~ Cahokia Chute, Mississippi River ......................................... · 29,600 enty-two" in lieu of 'sevQnty-fivo;" and the Senate agree to the same. That the House recede from its.disagreement to the amendment of the Senate numbered l61, and agree to the same, with the following amendments: Insert after BeHast, Maine...... . .• . • . . . . • . • •.. .. .. . . . • .. . ... .. . . . . .... . . . .. . • • . • .. . . . . 5, 000 the word" water" the words "at mean tide," and after the word" river" the words Choctawhatchi~TFlorida....... .. .. .. .. . .. .. .. • .. . • .. .. .. .. .. .. . .. . . . . . . . .. 5, 000 "to the port of New Orleans;" and the Senate agree to the same. Pamlico River, .North Carolina............................................ 15,000 That the Honse recede from its disagreement to the amendment of the Senate Perqnimans, North Carolina.............................................. 2, 500 numbered 163, a.nd agree to the same, with an amendment as follows: Insert after Cypress Bayou, Texas.................................................... 13,500 the word ''thereof" in line 18 of said amendment the following: "not to exceed '10,000; " and the Senate agree to the same. DEDUCTIONS. ' W. B. ALLISON, Oak Orchard, New York ................................................... 3, 000 A. A. SARGENT, Hell Gate, New York .................................................... . 40,000 M.· W. RANSOM, Hudson River, New York and NewJersoy ............. .................. . 16,000 Managers on the part of the &nate. ~~~J~~~;.H~iEiiiiH~iiHiimiiiiiiiiiHHi 10,000 5, 000 FRANK HEREFORD, 4,600 JOHN H. REAGAN, 20,000 OMAR D. CONGER, 25,000 Managers on the part of the Hottse. Cape Fear River, North Carolina......................................... . 17,500 THE HAMBURGH RIOTS. Sabine Pass1 :re:x:as ...................................................... . 2,000 Galveston Snip Channel, Texas . ............. ."........................... . 3,000 :Mr. MORTON. I call for the regnL'tr order. GalvestonBar, Texas ..................................................... . 8,000 The Senate resumed the consideration of the following resolution, The report of the committee of conference is as follows: submitted by Mr. MORTON on the 2d instant: Raolved, That 10,000 copies of the President's messaae and accompanying doon- The committee of conference on the disagreeing votes of the two Houses on the ments in regard to the late massacre at Ham burgh, South Carolina, be printed for · amendments of the Senate to the bill (H. R. No. 3022) making appropriations for the use of the Senate. the construction, repair, preservation, and completion of certain public works on rivers and harbors, and for other pm-poses, having met, after full and free con- Mr. LOGAN. Mr. President, the scenes we have recently witnessed ference have agreed to recommend and do recommend to their respective Houses, and declarations heard make it proper for us to stop and scan well as follows : · That the Senate recede from its amendments numbered 1, 4, 6, 12, 35, 46, 78, 102, the political and ·social horizon and see in what direction our craft is 110, and 128. · drifting, for we should not forget that the political and social waters That the House recede from its disagreement to the amendments of the Senate have dangeroas reefs and shoals hid beneath their surface as well numbered 2, 3, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, Z7, 2R, 29, 30, as the physical sea. Therefore, in our moves and counter-moves ou 31, 32, 3:J, 34, 36, 37, 38, 39, 40, 41, 4:J, 45, 47, 48, 49, 50, 51, 52, 53, 54, 55, 58, 59, 60, 61, the great political chess-board, and in our efforts to checkmate each 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 76, 77, 79, 80, 81, 82, 83, 84, 86, 87, 88, 89, 90, other, we should not forget to watch carefully in what direction the 91, 92, 94, 95, 96, 97, 98, 99, 100, 103, 104, 106, 107, 108, 109, 111, 112, 114, 115, 117, 118, 120, 121, 124, 125, 12~. 127, 129, 130, 131,132, 133,135, 136, 1:17, 138, 139,140,141,142, gales are driving us. Although no storm may be raging, yet t,here 143, 144, 145, 146, 147, 149, 150, 151, 152, 154, 155, 156, 157, 158, 159, 162, and 164, and agree to the same. · can be no absolute calm; the vessel moves onward for weal or woe; That the Senate recede from its amendment numbered 5, and agree to the clause there is no standing still even though the sails be furled. proposed to be stricken out with an amendment, as follows: Insert "three" in lieu But a few years ago the furious storm of rebellion drove us onward of "five;" and the Hense agree thereto. through the fierce waves and rough breakers of intestine war, hurl- That the Honse recede from its disagreement to the amendment of the Senate numbered 7, and agree to the same witli an amendment, as follows: Ip lien of the ing us rapidly onward toward the dangerous reefs of disintegration words proposed to be inserted insert the words "and fifty;" and the Senate agree and dissolution; but the counter-cnrrent of patriotism and loyalty to the same. bore us safely through the storm. · That the Senate recede from its amendment numbored 13, and agree to the clause All who have studied with ·any care the history of other nations r.roposed to be stricken out with an amendment, as follows: Insert" five" in lien of 'ten; " and the Honse agree to the same. know full well that governments which have to undergo this fierce That the House rec.edeirom ita disagtletlment to the amendment of th~;~ Senate ordeal are subject not only to a single but to a double crucial test of numbered 42, and agree to the same with an amendment, as follows: In lieu of the their ability to stand the shock. Not only is their ability to with- worda J,>roposed to be inserted insert" and thirty-two," and after the word" thou- stand the strain of rebellion and internal war put t.o the trial, but sand," m line 1, page 6 of the bill, insert" five hundred;" and the Senate agree to the same. also the ability of their institutions to counteract and control the That the Senate recede from its amendment numbered 44, and agree to the clause effects of the reoonnd in case of success; in other words, their abil- proposed to be stricken out with an amendment, as follows : Insert "fifteen" in ity to withstand the reaction which always follows the close of a fierce lieu of ''twenty-five;" and the House agree thereto. That the Senate recede from its amendment numbered 56, and agree to the clause internal war. The strength of the action and reaction is as a matter proposed to be stricken out with an amenclment as follows : Insert " thirteen" in of course in proportion to the magnitude of the movement and of the lien of "thirty;" and the House agree to the same. forces and material brought into operation as ·compared with the en- That the lt:onse recede from its disagreement to the amendment of the Senate tire strength of the nation. Judging by this rule, which is certainly numbered 57, and agroo to the same witll an amendment, as follows: Insert ''thirty- . a correct one, it must be admitted by all that the trial to which this eij!ht" in lien of "forty;" and the Sen.a te agree to the same. That the House t·eoede from i*s disa~ment to the amendment of the Senate Government was subjected by the recent rebellion exceeds that of ''five;" and the Senate agroo to the same. a numbered 75, and agree to the same With an amendment, as follows: Strike out any other of like cha,racter of which history gives us any account. That the House recede from ita disagreement to the amendment of the Senate We have passed safely through the first act, the first crucial test in numbered 85, and agree to the same with an amendment, as follows: Strike out the great ordeal, and are now in the midst of the second act and are " sixty-six" and insert "fifty; " and the Senate agree to the same.. as a nation undergoing the ~econd crucial test, which, as the first, 1876. CONGRESSIONAL RECORD-SENATE. 5255 \ though slower in its operation, as often proves fataL Although we of the North were greater at the close than at the commencement of are proverbially a fast people, ancl causes produce results more rap- the rebellion. But t.be gates to foreign emigration so long clo ed idly with us than elsewhere, yet no st.a tesman will contend for a mo- being opened again, the stream set in afresh, thus adding new ment that a period of but little more than half a score of yAa;rs is hands to our productive forces; while, on the contrary, the demand sufficient to outlive the reacting forces put in operation by the mighty had decreased, the war supply being no longer necessary, and our for- convulsion through which we have passed. .A. war of sections seldom eign commerce crippled and diminished. Prices necessarily began to if ever equaled in magnitude and the enfranchisement of 3,000,000 fall as the deiJland grew less in proportion to the production, and as of slaves most necessarily have produced a strain upon our institu- financia:l expansion was stopped, the difficult work of contraction was. tions unequaled by that ever felt by any other nation. begun by the Government. It is a fact contradicted by no instance in history of which I am It is unnecessary for me on this occasion to trace the various steps aware, that the reaction in such cases tends in the nation to aggran- of this process, as it is well known that at la-st-the retrograde move- tlisement and extravagance, and to trickery; deception, and falsehood ment culminated in the financial crash of 1873. The necessity fq_r in the overthrown party in their attempt to regain power. retrenchment became at once apparent to all who paid any attention .A.s an example proving the first part of this proposition it is only to the signs of the times; in fact ma,ny of the more prudent had fore~ neceRsary to trace the history of France since the close of the great seen the coming storm and had already begun to take in sail. I'evolotion, struggling and panting for ljberty and republicanism, yet It is, however, difficult for a people who have once had a taste of alternately republican and monarchical and so swayed by the in- unusual prosperity and who have once entered upon the highway of. fioences and passions of the day that we see her deliberately by the extravagance to withdraw voluntarily from its allurements and de- voice of six millions making Louis Napoleon president, next seven scend to that economy which the changed condition of affairs re- millions create him dictator, and lastly nearly eight millions declare quires; and, as a natural consequence, in social life 'Ye see a fierce him emperor. struggle on the part of ea.ch individual to retain that position in life .A.s an example proving both parts of the prop6sition I may refer and external display attained in more prosperous times. Debt, reck- to the causes which led to the rapid increase of power and wealth of lessness, and crime follow. Add to this the feverish state of mind Athens, which culminated under Pericles and as suddenly faded away produced by the commotion and excitement of war, and we see a through corruption and vice until swallowed up by the rising Mace- double cause leading to this result. . donian power. · Another effect of the unnsual excitement and prosperity was a large But I will not stop to give examples with which Senators are far increase of tradesmen, artisans, :tnd speculators, which resulted in miliar, but proceed at once to examine some of the elements at work withdrawing large numbers from the rural districts to the cities and in our national, social, and political life, and therefrom cast the horo- centers of population. :Ffxtravagance in dwellings, furniture, dress, Rcope of the near future if these are · allowed to work out their nat- and all that pertains to external display followed as a matter of ural results. course. The· municipal authorities, catching the spirit of the times, But first let me say that no party in any nation or country has ever were drawn into the maelstrom of extravagance; expensive inlprove- heretofore carried the Government through such an ordeal thus far ments were undertaken, and these cities and municipalities became so successfully and with such good results as has the republican party burdened with debts under which they are now groaning. Such a in this case. result was to be expected as a part of the ordeal to w bich we as a Thus proving, so far at least, despite the sneers cast at American nation have been subjected by the great war of the rebellion, and statesmen and American patriotism, the ability of her leaders to make we may be thankful to-day for the early revival of that heal thy spirit gooll the dream of our sages which Moore has so bitterly cast in verse: of public sentiment which is rapidly throwing off this incubus. Even here, beside the proud Potomac's stream, But this disposition to congregate in the centers of population, in Mi~ht sages still .pursue the fiatt' ring theme addition to its effect on the cities themselves, had a tendency also to Of nays to come, tohen man shall conquer fate , bring into conflict certain important industrial interests, which to a Rise o'er the level of his mortals tate, certain extent has bad its influence on the politics and legislation of Belie the monuments of frailty past. our country. Although errors may have been committed and mistakes made in In the seventeenth and eighteenth centuries the monarchs of France the attempt to steer the vessel safely through the storm and thus re- adopted the mistaken policy of drawing away the nobility from the verse the verdict of history, yet they are fewer in number and far less rural districts to the cities, and especjally to Paris. This had a direct grave than could have been anticipated, when we take into consid- tendency to destroy the sympathy between the nobility and rural eration tpe usually demoralizing e:ti'ect of war. Nevertheless, in our population, which ultimately, as De Tocqueville clearly demon- attempt to solve this great problem and conduct the country safely strates, was one of the causes producing the _revolution. And al- back to its ante bellum status, a new factor has entered into the oper- though the unfortunate Louis sought ea.rnestly to assist and benefit ation which needs the most rigid scrutiny before we a-s a people can by liberal public measures this rural population, yet these very effort.s safely allow it to work out its effect in the great work of reconstruc- assisted only under this state of affairs to precipitate the ga,thering tion. storm. I al1ude, as a matter of course,·to the re-introduction into the politi- It is true we have no titled nobility in our Republic, and thank cal arena of that element which in the late rebellion and struggle for God for it. Yet like causes are calculated to produce like effects i· unity stood opposed to the loyal portion of our people. and although I h~ve no fear of such results in this country a,s fol- In order to understand fully the effect this element is likely to pro- lowed in France, yet we can already_see some of the evil effect.s of duce in the administration of the Government and thus indirectly this tendency to centralize ~rea,t wealth and.moneyed power. From upon sociallife1 it will be necessary for us before considering its im- it grew up great monopolies, as 'for example the railroad combina- mediate tendencies to glance hastily at the chief results which have tions, whose interests ought to be one with that of our agriculturists, so far grown out of the war. · yet from this centralizing tendency they seem to be opposed. This One of the inevitable consequences of a long war during which we has given rise to organized opposition which has been carried into were shut in and confined to our own resources was to develop to an the political as well as commercial arena. unusual degree our productive·powers. .A.nd as I have mentioned this subject as an example in point, allow This, in that portion of the country free from the devastating effects me to diverge for a moment in order to say that the wants and needs of the war, naturally brought about high prices, both of labor and of the great agricultural interests of our country have not received productions, and with these a corresponding idea of extravagance. that attention to which they are entitled. Yet this bas not arisen so Specnlation ran rife, overleaping all the bounds of moderation which much from an unwillingness on the part of the various legislative bad hitherto halted the most reckless; manufactories swelled their bodies and Congress to do full justice to these great in\eroots, as from proportions, while others sprang into existence; railroads began to a want of knowledge of wha,t was necessary to be done. It has been spread over the land like a vast net-work of iron, while even wilder too often the case that those who have undertaken to represent in a schemes were inaugurated on the faith that the success of others in- special manner these interests have been more anxious to promote spired. The amount of money suddenly thrown into circulation, and their awn interests- and to rise to prominence on this plea than to the recklessness naturally inspired by the commotions of war, led to originate useful and practical measures; and in some instances hasty risks and speculations of which our people would not have dreamed legislation instead of harmonizing the great transporting ancl agri- in tranquil times under any financial system. . cultural interests has only resulted in bringing them into more direct When the war ceased an(l the Army was dismissed to private life opposition. That there are errors which need correction there is no the money which the soldiers, officers, and others brought with them, doubt, but this is to be brought about not by antagonizing the two, together with the dues and pensions paid by the Government, con- but by fostering and elevating the agricultural interests of the coun- tinued for a time to supply the unusual demands thus created and try and thus bringing the two into harmony without contracting keep in motion the operations started under the war impetus. either. Our Agricultural Department instead of being what it now But the cause which produced this effect, the great force which is should be one of the broadest in its scope, if not the most exten- put these.wbeels in motion having suddenly ceased, the natural effect sive in its details, of all our Department-s. began ere long to be felt; the thousands of bands now returned to But to return to the subject; let me now trace very l)riefly our po- the field of labor in the civil walks of life began to divide the profits. litical history since the war and see what the indications are for the The regions of the South whose energies had been crippled and pros- future. trated by the war afforded one field of expansion for the ~atherin~ The dominant party was fully apprised of the lessons which his- and swelling energies of the North, while the newly opened mineral tory teaches in reference · to the effect of great internal wars and regions of the West afforded another outlet. Paradoxical as it may was conscious of the fact that the natural effect of the rebound, unless appear to the eyes of tho e of other nations, the productive powers carefully controllecl and restrained by a strong band and judicious 5256 CONGRESSIONAL RECORD-SENATE. AUGUST 7, management, would be to lead to too great a centralization and con- Charybdis was on the other. In this difficult task the nation stood solidation of power in the Federal Government. But the problem nobly by tl:em and refused to place it in other hands. ( was attended with unusual difficulty, not only on account of the But in this process, which necessarily required time and persever- magnitude of the contest and the large numbers engaged, but also ance, some became impatient, urging that the gates which were for ) on account of the new element thrown into the solution by the sud- the time barred a~ainst the return of a portion of the rebellious ele- den emancipation of three millions of slaves who had necessarily to ment should be tnrown wide open and all freely admitted. The re- be introduced into the body-politic. · . sult of this impatience, as is well known, was in part the cause of the I To freely pardon the rebellious element as soon as the contest was formation of the so-called liberal party, which was not produced by over and re-admit it to representation in the councils of the nation an abandonment of any great principle settled by the war, but merely would no doubt have had the appearance of great and unusual magna- a difference of opinion in regard to the policy which should be pur- nimity which might perhaps have won back the hearts of m::my. But sued. But the partial withdrawal of many men then called leaders I to do this before the great questions involved in the contest had been did not succeed in wea~ening the confidence of the people in the permanently settled and irrevocably fixed and riveted upon our insti- party which had brought them safely thus far through the fiery or- tutions would have rendered the Yictory of Government and loyalty deal; again they stood nobly by it in its efforts to lead the nation over rebellion and disunion a nullity and would have resulted only in gradually back to an enduring peace. confusion and renewing in the halls of Congress the contest the war At last the time arrived when it wa-s deemed proper and safe to re- . was supposed to have settled. move the ban andre-admit to,the right of joining in the administra- Duty, honor, and the perpetuity and good name of our nation, 'as tion of the Government all who desired this boon, and thus combine well as the blood of thousands and tens of thousands shed on a hun- in our united whole every section and interest. This, as a matter of dred battle-fields, required that we should fix firmly and irrevocably course, brought a new element into the solution of the yet not com- upon our institutions the questions decided by the verdict of war. pletely finished problem, who, by at once taking advantage of the To have done less than this would have shown either a want of fidel- dissatisfaction produced in the minds of many by the crash of 1873, ity on our part to the trust reposed in us or inability to perform the have complicated the work of final restoration and peace, and are duty imposed. That one step toward a stronger national centraliza- rapidly developing a system which bodes no good for the future. tion was necessary; the contest itself and the principles involved I have already said that we need have no fear of another rebellion proved to e..-ery thinking, loyal mind which bad studied with any growing out of the doctrine of the supremacy of State rights, or of care the problem. The extravagant idea of State rights held by many, the slavery question, for these questions are forever settled. Our and which had long been a thorn in the side of the National Govern-• danger now lies in another quarter; nor is it that of centralization, ment, had necessarily to be modified; and the public mind, which for, although not wholly beyond the breakers which line this coast, .from the commencement of the rebellion was naturally drifting in yet the :force of the indriving current has been broken. No, sir, the this direction, readily acquiesced in this decision, as has been proved danger lies in another direction; nor are the indications which point more than once by their votes at the polls. The status of the freed- toward that danger as few or faint as many seem to imagine. men, which wa-s one of the bitterest elements in the contest, had also to be so fixed that naught but revolution could ever change it. Here, THE COMBINATIONS IN VARIOUS INTERESTS TO AFFECT AND VITIATE LEGISLATION. then, was presented a problem such as no nation or party ever before Labor and capital have become arrayed against each other to had to grapple with; paradoxical in its propositions and apparently such an extent that it has been necessary again and again to call in contradictory in its results, yet to be wrought out by the same forces the aid of the State to quell the riots resulting. In some cases even and at the same time; a step toward centralization on the one hand the General Government bas b~en compelled to proceed with a strong was to be taken, while a long step was to be made on the other hand hand against improper combinations intended to evade or violate our in widening the scope of freedom. • reven.ue laws. But, sir, the republican party is no more responsible The problem presented to-day to the statesmen of France in order for this than it is for the seasons of drought, the fierce storms of the to produce a republic is less complicated than that presented to the pa.st season, or the grasshopper raid; it is a natural outgrowth of that republican party of the United States at the close of the war. Let inordinate desire of gain and restless spirit born during the commo- what may be said of the politicians of to-day, let self-constituted tions of war. But to that party is due, sir, the credit of warning the judges and political scribblers cry them down as they may, I assert, people against the threatened evil and of first grapplingwith it, as it and the future unbiased historian :will confirm it, that no party in has with other encroaching evils. Through these efforts reaction has this or any other government has worked out with more consummate set in against this current, and crafty politicians watching closely the skill a greater national problem than the republican party has in this -signs of the times have rushed to the front urging on the s ~ayin~ ele · case, so far as these. two great points are concerned. The sovereign ment toward the other extreme, with the cry of rings! rings! rmgs! power of our Government has become a fixed fact in the minds of the hoping thus to foist themselves into position and power. American people, never to be effaced, and yet the legitimate rights of The cbacge in the political complexion of Con~ress just at this par- the States are left untouched; the universality of freedom in our ticular juncture, when circumstances had made 1t necessary to exam- bounds has reached that point where it will never be challenged, and the ine into certain frauds perpetrated npon the revenue of the Govern- odious name slave will never again appear on any of our statute-books. ment, and also when the contest for the approaching presidential · What the loyal and patriotic Union Army decided on the field of battle election began to be waged, the advantages of the position were at a republican Congress and administration have forever riveted and once seized upon by the opposition to institute a series of endless in- fixed upon our institutions. Let it not be said then by any one who is vestigations. And the ve1·y willingness of the republican party to true to his country, who loves the Stars and Stripes, that this party has lay open its inmost heart to inspection and desire to root out the least been unfaithful to the trusts reposed in it. Our dangers tnel'efore, remains of evil have been used as weapons to strike at its vital ener- and we are not without them as I will presently show, lie not in this gies and as far as possible cripple it in the noble work it has been so direction; these two points are forever settled; the theory of State patiently and faithfully performing. supremacy and involuntary slavery lies buried in the grave with those Such a scene as is being carried on in the political arena was never who fell in their defense, and though these brave but mistaken and before witnessed in onr country. Committees of Congress, instead of misguided men ,may, I hope, be resurrected to a happier and wiser devoting their time to the examination of the proper business befl>re life, these principles will forever sleep in the tomb of oblivion. them, are transformed into inquisitorial bodies. In fact I may say, But, sir, in bringing back the country to its normal standard, not without any great exaggeration, that Congress seems to have been its exact ante bellum status, for this can never and ought never be transformed into one great investigating body, an immense inquisi- done, bnt to that true normal standard which the Great Ruler of torial court, a national star chamber to hunt down characters and nations inte¥ed it to occupy, there wereo1il.er questions to be solved, blast reputations. Why, sir, it would seem as though we had sttd- which although not so vital as those I have mentioned, were of scarcely denly leaped backward into the distant past to gather models from less importance a.s affecting our progress and prosperity, especially the secret council of Venice, the Spanish inquisition, and the star politically. chamber of James I, after which to mold the Congress of our centennial The martial spirit which had been engendered by the war could A newspaper article concocted in the fertile brain of some reckless not be at once dissipated at its close, nor was it wise to attempt it reporter charges a member of Congress who has always stood !air with too strong a band, because it was necessary that those who had both in private and public as to morals and honesty with some act of periled their lives in behalf of their country should receive their re- corruption or some unfair or improper dealing. Forthwith a com- ward and approval from the people after their return to their homes. mittee is charged with the work of investigating the matter and da.y The patriot must fp.el that his devotion to his country is approved, after day is spent in this now all-important work, while the legiti- otherwise his ardor is necessarily cooled. But more than this, the mate business of Congress is left hanging on the Calendat: uncared leaders of the party felt it absolutely necessary, notwithstanding they for and unattended to. Witnesses from far and near, and at a cost to well knew its tendency to centralization, to keep alive this martial the Government of hundreds and thousands of dollars, are dragged spirit until the great questions decided by the war should be incor- to the capital, who, when examined, in five cases out of six can only porated in our institutions. state they know nothing about the matter in controversy. Here and Victors in a republic are proverbially magnanimous. But the there in the vast array of officials necessarily employed an occasional masses of the people when the causes of the contest are removed unfaithful one is found; and even these few not confined to one party, sometimes sweep rapidly and often without sufficient caution from but belonging alike and in equal ratio to both. one extreme to the other, unless-guided by great prudence. It was Each unexplained private business transaction or unguarded silly necessary, therefore, for the party in power, in order to make peace letter, each mistake in calculation in an old account or more than permanent, to keep alive for a time the martial spirit, yet guard well ordinary attorney-fee, is deemed the opening of a mine of corruption its tendency toward centralization ; for while Scylla was on one side and is heralded over the country as the commencement of a discov:ery ' 1876. CONGRESSIONAL RECORD-SENATE. 5257' which is to shock the country to its very center. Oue or two having c..'tnse the people to believe that being in office or being in a public been found unfaithful, the whole country is set ablaze with reports position is equivalent to being dishonest and corrupt, and you neces of astounding developments, and the cry goes forth that political sarily destroy every incentive to honesty and integrity. heads are falling before the scythe of democratic reformers as I am not standing here to-day, sir, as the apologist for any corrup- tion or dishonesty which maybe found in the republican party. Far Thick as autumnal leaves that strow the brooks be any such intention from me. No, sir, such is not my desire or in- In Vall om brosa. tention. If it were true that under the rule of this party corruption AP, one after another of these fancied revelations, these supposed and unfaithfulness had grown to an extent unknown under the ad- mines of corruption, fade away as the fad-s are unfolded and the ministration of any other party, I would say at once to the people, rays of truth fall upon them, and the chase begins to flag, a fresh "Hurl it from power and intrust your affairs to more faithful serv- relay of spies are sent out to ransack the records of those who stand ants." But, sir, not only is the charge untrue in fact and without most prominent before the country. The official files are carefully foundation, but also the figures themselves show that in propor- examined for a couple of decades back, each account is critically tion to the numbers of officials engaged and amounts disbursed no refigured and each letter found, carefully read. The very slum and party has ever before administered the Government with so little filth of society is diligently scraped for witnesses, who for a mo- loss as the one now in power. The opposition may affect a smile at mentary notoriety are ready to manufacture some tale of scandal. this statement, and democratic papers may pretend to scout the asser- Worn-out lobbyists who for years have clung like parasites upon the tion and hold up to public gaze a republican official or two who have skirts of Congress are rehabilitated and brought to the front as ac- proved unfaithful, but they dare not place the records side by side cusers of and evidence against perhaps the very men they have been before the public as they are. I challenge them to the co'Ilparison. boring and importuning for years to assist in passing some iniquitous Had the republican party adopted the method of concealing and measure they have again and again rejected. Even the lunatic asy- covering up from public gaze the errors and frauds of its officials a-s lums, prisons, jails, and penitentiaries are opened and lunatics and did the democmtic party when in power, the cry which has gone be- confessed criminals are brought forth as aids in these inquisitorial fore the country would never have been heard. investigations, in order to blacken the character and stain the repu- I ask Senators and the public to look at the list of public thefts ta.tion of some prominent individual. The very graves are asked to alone committed under the old democratic rule that has been made aid and the dead to assist in this work of defamation ; and in nearly public and were almost forgotten by that party now held up to us as all cases the accused party is not permitted to be present. a pattern of honesty. A new trade has suddenly come into operation, and a new art has Thousands, tens of thousands, yea even hundreds of thousands at sprung int{) existence in our midst-the trade of accuser of public a single grab; not one, two, or three only, but scores, aggregating men, and the art of manufacturing plausible stories to fit the accu- millions of dollars. Could you add to this the money extorted by sations. An exemplary life and a character of unflinching honesty officials for sale of offices, for granting contracts-as for example those and integrity form no safeguard against the one or defense against of removing the Indians and furnishing Army supplies, and a thou- the other; the only point to be determined is this, Is the individual sand and one others of which the records give us no account-! wot.J.ld in the way; or, Does he stand too prominent before the country f This have a list before which all charged to the republican party sinks is sufficient to mark him as a proper object for these inquisitorial on- into insignificance. slaughts and to canse him to be tracked and trailed by secret spies, But, sir, there is another reason why the few errors of this party and every scrap of his past record, even to his private business mat- are heralded before the country in such exaggerated style. Under ters, to be raked from their files and scrutinized. Private confidential the 1·egime of the slave-power ignorance was purposely fostered, and letters written with unguarded faith in personal n:iendship are un- education, except to the few, withheld. The maRSes were kept iu . earthed and brought to light and exposed to the prurient curiosity be- ignorance of the guilt of th&ir democratic saints, and it is only since gotten and fostered by this unhealthy state of public morals. Per- the war these things are beginning to appear in all cases to the pub- sonal honor, which should keep these sacred, is thrown to the dogs, lic. Under republican rule education has been fostered to an extent and the mails and telegraph lines are burdened with grists which are never before known in any country, and the great body of the peo- poured into this mill of scandal to }Je ground out as food to feed pub- ple to-day stand in reference to education the peers of their rulers . . lic curiosity; a certain class of newsmongers become self-constituted So that even were it desired to cover up errors, which, thank God, spies; your coachman, your servant, and even your washerwoman, if the republican party does not try to do, it would be impossible to the possible, is set as a -w atch over your actions and made an evesdrop- extent that it was done in the days of democratic rule. per to catch each unguarded wo1·d. I repeat it, sir, I am not trying to-day to act the part of an apolo- Tell me, sir, what all this forebodes t For although the picture is gist of thepartyto which I belong. That party has never attempted painted in strong colors it is no stronger than the facts warrant. Is to avoid the closest scrutiny, and wherever any evidence of probable it a manifestation of a great desire to purify public morals; or is it guilt existed has subjected its officers to the severest investigations. an effort on the part of some to rise to prominence by slandering oth- No, sir, the republican party needs no apologist; the facts fairly and ers f Does it indicate the dawn of unprecedent.ed purity in political correctly presented are all it desires. Even the investigations recently life; or of political recklessness and anarchy T Does it foreshadow instituted have struck left as well as right, and as many and I be- the coming of a political millennium to be ushered in by democratic lieve more, have fallen in the democratic than in the republican ranks. rule when congressional cler~s shall all be saints and doorkeepers em- Such, therefore, is not my object; it is a much higher and I trust a blems of purity; when political leaders shall live without salaries and much more important one than this : it is to place before the Senate frauds be unknown t Or does it indicate a desire to put on pharisa- and the country in plain, unvarnished colors the course which is now ical robes and wear broad phylacteries with mottoes culled from the bein~ pursued in this respect and to call attention to the dangers records of democratic administrations f whicn are likely to result if allowed to go on unchecked. Sir, history will not contradict itself, and if these things give us The motto which says "Do right though the heavens fall" is cer- any warning, it is to beware of introducing into political rule and tainly a correct one, and so far as it becomes the duty of Congress to social life a system of espionage. It has ever been one of the precur- investigate the manner in which public officers have discharged their ~:~ors of a reign of anarchy and revolution·. And although we may duties and fulfilled the trusts reposed in them it should be done thor- not have rea-son to fear in this case such extreme results as were oughly and fearlessly, no matterwhat maybe the result to the party brought upon France in 1789, yet we do have great reason to appre- or administration. But, sir, I protest against investigations or trials hend that its effect will .be to unsettle and produce a state of confu- proceeding upon the new principle which appears to have been incor- sion in political and social life. Faith in public honesty and private porated into the political code of the present day, that "the accused integrity will be destroyed, the management of our governmental is presumed to be guilty until he prove himself innocent.'~ If this affairs and political positions, instead of being placed in the hands of is to become the established rule in our congressional star-chamber our best men, will eventually be handed over to those who can best proceedings we may expect ere long to see lett1·e.s de cachet issued by ply the tricks of espionage and the arts of accusation and defama- those in authority, ancl those who stand in their way quietly incar- tion. The political arena will become the hot-bed of gamesters and cerated in prison-cells. tricksters; and instiad of pmifying public morals, office-holding will In congressional investigations as well as in courts of Jaw the only be deemed an evidence of corruption and bribery, and its uncertain safeguard is to cling with unyielding grasp to that old and time- tenure will only cause the holder to ply more energetically his arts honored principle which lies at the very base of criminal law, that tQ gain wealth. . "the accused is presumed to be innocent until proven guilty." I am, sir, no advocate or defender of corruption or dishonesty in But, sir, the primary object of investigations appears no longer to politics or business, and would be glad to know that every unfaithful be to protect the revenues of the Government and correct errors, but servant and derelict officer would receive the just condemnation his to destroy the reputation of those who stand as prominent individuals error deserves. But this system of espionage and star-chamber in- before the country as candidates for the chief positions. Presidential vestigation and defamation which is now being introduced into the candidates appear to have been the favorite game to be hunted down politica.l arena through the accidental turn of the wheel of political by these investigations; as soon as one is scented a pack of hounding fortune, instead of working out this desired result, only tends to de- spies and servile tools are set upon his trail to find, if possible, some stroy faith in public men and to arouse suspicion and distrust in the transaction, some word, or some act upon which to hang an accusa- · minds of all, and thus sap the very foundations of our institutions. tion, and as soon as the first bark is heard a host of ready and irre- It is a double-edged weapon, and as often cuts the indi.vidual or party sponsible witnesses are on hand to give testimony. that wields it as the one at which it is aimed. Destroy faith and con- In the good old days of bards and chivalry there was a court fool fidence in human integrity and honesty, and you necessarily produce who often spoke severe tmths in the midst of his jests ; so in our Sun- dishonesty and corruption. Destroy faith in our public men and day Jester of some time since I see this thing curtly but sharply ex- 5258 CONGRESSIONAL RECORD-SENATE. AUGUST 7, pressed. Speaking of a western nomination, it says: "The moment for everything, as I learn on the floor of the Senate, is to be discussed the head of a candidate appears above water every one' goes for him,' npln a mere resolution to _print a certain number of copies of ames- n.nd in a. few days his character looks as if the fly-wheel of the great sage of the President of the United States. Now, what is it f In Corliss engine had struck it." So long as this is confined to the at- answer to a Senate resolution of July 20, 1876, calling for information tacks of individuals and the press we have nothing to do with it offi- in relation to the slaughter of American citizens at Ham burgh, South cially, no matter how much we may deprecate it; but ·when Congre s Carolina, this message came, and it was ''read, ordered to lie on the or one of its committees is made use of as a weapon to assist in hunt- table, and be printed." What is itT ing down good n~mes and slaughtering hitherto untarnished charac- To the Senate of the United States : ters, it is high time for us to look whither we are tending; and espe- In response to the resolution of the Senate of July 20, 18761 calling upon the Pres- cially does it behoove us to be alarmed at the prospect before us when ident to communicate to the Senate, if in his opinion not mcompatible with the in pursuit of this unworthy object the bounds of propriety and consti- public interest, any information in regard to the slaughter of American citizens at tutional restrictions are transcended with impunity, when courts of to wit: Hamburgh, South Carolina, l have the honor to submit the following inclosm·es, inquisition unauthorized by our Constitution are set up and ma-de No. 1. Letter of the 22d of July, 1876, from Governor D. H. Chamberl'\in, of South the means and excuse for seizing private papers, ferreting out indi- Carolina, to me. . vidual transactions. · No. 2. My reply thereto. No.3. Report of Hon. William Stone, attorn~y-general of South Carolina. If such, sir, is the result of the first slight taste of power by this No.4. Report of General H. W. Purvis, adjutant and inspector general of South disturbing element, whali are we to expect should it through the Carolina. eftect of the swaying tide of human sentiment or the accidental turn No. 5. Copy of evidence taken before a coroner's jury investigating facts relat- of the political wheel of fortune come into full control of the Gov- ingNo.6. to the Ham burgh massacre. Print.ed co}:ly of statement by M. C. Butler, of South Carolina. , ernment T Already the want of faith in the possible integrity of Gov- No.7. Printed letter from the same to the editors of the Journal of Commerce. ernment officials is beginning to be riveted on the minds of our peo- What the President of the United States had to do with that, God ple, and yet at a time when there is in fact not near so much corrup- only knows ; I do not. It was no public matter intrusted to the tion relatively as during the palmy days of democratic rule. This if President of the United States. continued must eventually extend to social life and business transac- tions, and sap the very basis of society. It is time for us to have the No.8. Copy of letter from Governor Chamberlain to Hon. T. J. RoBERTSON. moral courage to say to accusers of our public men and to scandal- One would suppose that a member of the Senate was able to briug moDgers that our public servants are presumed to be innocent, and before the Senate his own information and his o~ letters. that charges, to receive notice must be of serious character, properly No.9. An address to the American people by the colored citizens of Ch:1.rleston, presented, with a reasonable probability that they will be sustained, South Carolina. - _ and coming legitimately within the purview of Congress. In other And what has that to do with this case, so far as the President of words, it is time for us to have the courage to say to all who come the United States is concerned T with their stories that we claim to be honest men; that we stand here No. 10. An a"ddress by a committee appointed at a convention of leading repre- as tb.e representatives and defenders of honest men, and not of thieves; sentatives of Columbia, South Carolina.. • and that while we shirk no responsibility and fear no investigation, And now comes- • we deem the character of any and all good men too sacred to be tar- No. 11. Copy of letter of July 15, 1876, from the district attorney of Mississippi nished or blackened by the mere statement of a scandal-vendor or to the Attorney-General of the United States, by a newspaper squib. Sir, let all deeds stand forth, but let not the Iu response to an inquiry from the Senate of the United States in damnable crimes of treason and treachery to country be covered up by regard to a transaction at Hamburgh, South Carolina.! vile vilification and lander of the country's defenders and preservers. No.12. Letter from same to same. Democratic tactics are understood and ·will be laid bare to the world No. 13. Copy of report of a grand jury lately in session in Oxford, Mississippi. before this campaign ifr over. When a party will allow the poor and All this in answer to an inquir.v of the Senate of the United States unfortunate to be murdered by wholesale merely because ·they will with regard to certain transactions at Hamburgh, South Carolina. not vote the democratic ticket, is not the fact patent to all that by What does the President say f force and intimidation they expect to obtain power in the South, and These inclosures embraoo all the information in my posse.qsion touching the late by slander and a villainous system inaugurated they expe·ct to ob- disgraceful and brutal slaughter of unotfending men at the town of Ham burgh, tain power in the North t Is it not true that every man who be- South Carolina.. My letter to Governor Chamberlain contains all the comments I came prominent as a soldier during the war against the rebellion, that wish to make on the subject. As allusion is ma.Uo in that letter to the condition of has stood by his guns and been faithful to the republican party, has other States, and particularly to Louisiana and Mississippi, I ha.ve added to tbe in- closor&~ letters and testimony in regard to the lawless condition of a portion of tbe been assailed in every way possible in order to destroy his inflnence people of the latter State. with the people! But, sir, it has come to be a saying in this Cham- In regard to Louisiana affairs, murders and ma.re I get through I will sat.isfy, if not tain slavery because they lot•eil it. - · the Senate, the country, that the Pre8ident of. the United States has :Mr. EATON. Mr. President, some time ago I said that it was against gone out of the line that becomes the dignity of the office. my taste and judgment to enter into a political discussion on this Sir, the Senate asked for information re~arding an occurrence at floor; but it seems that on a mere resolution introduced by the hon- Hamburgb, South Carolina. If Jmblic policy warranted the Presi- orable Senator from Indiana a-sking for the printing of a certain num- dent in giving that information, then he was in duty bonnd to give ber of copies of a message of the President of the United· States an it; if public poHcy demanded that heshonld withhold that informa- extended political discussion has again been forced upon the Senate. tion, then he should have withheld it. But he goes further, and be- I do not know that I shall speak long; bnt not following the lead of comes a volunteer in this matter. The President of the Unit.ed St~~tes the Senator from Vermont, I will not travel all over God's creation arraigns-I understand the word I use, and its fnll value aml it.s fnl1 on this occasion, bnt will try at all events to adhere somewhat to the meaning-he dares to arraign the people of two States in this Union qnest.ion before the Senate, unless I should happen to go oft' on the about whom no inquiry was made by the Senate of the United States discussion with regard to the figures which were shown tbeotllerday, Sir, wl1nt business bad the President of the Uniteu States to under 1876 CONGRESSIONAL RECORD-SENATE. 5259 take to volunteer information to tills body, Lis equal in point of in- swer. Was t.here any other course for the President of the United telligence f What business bad be to volw1 teer information_to mem- States to pursue and be honest t_o himself and honest to his oath f bersof this body with regard to matters in Louisiana au I Mississippi 'f Has he done either of these things f He has not, but he has ventured Sir, he goes further, and one would have supposed either that the to enter the political arena as an informer. That is what he has ven- chairman of the committee [Mr. BouTWELL] or the representative of tured to do. He has dared to arraign two States of this Union. If the minority of th~committee, [Mr. BAYARD]-and either of those what he says is true, why has he not informed Congress of it under gentlemen will take the remark kindly, I know-had informed him his oath of office ! Therefore . I say here, and let it go before the exactly what their report would be, and what the facts were that country with this message, that it is not true; it is false. I know they had found. whereof I speak. I make the charge boldly that it is false. There Mr. DAWES. If the Senator will indul~e me a moment I will is no truth in this message with regard to Louisiana. I will come suggest to him what bus@ess he had. Sectwn 3 of the second arti- to Carolina by and by. 1 will take these things up by piecemeal. cle of the Constituti-on irilposes upon him this duty-- There is no truth in this message with regard to Louisiana and Mis- · Mr. EATON. Be kind enough to tell me the page, sir. sissippi, because if it is true he is forsworn if he has not given that Mr. DAWES. Page 45 of the Manual. information to ~he Congress of the United States as tho Constitution He shall from time to time- · of the United States forces him to do. Mr. EATON. Wait one moment, ·if you please. Now go on; I Mr. McMILLAN. Will the Senator allow me to ask him a question' I think I have had my attention directed to that. Mr. EATON. Yes, sir; with great pleasure. Mr. DAWES. Mr. McMILLAN. At the time this message was delivered and the He shall from time to time give to tbe Congress information of the state of the report of the grand jury of the United States which accompanies the Union- · President's message was made, I desire to ask the Senator whether Mr. EATON. That is all, sir. there was any application for aid from the State of Mississippi, and further to ask him whether it is not a democratic governor and a Mr. DAWES. Not quite. democratic Legislature which govern Mississippi at· this time and at Mr. EATON, I submit- the time that message was presented to tue Senate f Mr.DAWES. :Mr. EATON. Well, I will take these things up. There are a good and recommend- many «!fiestions. But first tho Senator asks me 'f it is not a. dem- Mr. EATON. I submit to no further interruption. ocratic Legislature and a democratic governor that govern Missis~ The PRESIDENT pro tempore. '!'he Senator declines to be further sippi. I do not know. I hope so. It would be some sign of good in term pted. government if there be such. Next he asks me if the grand jury Mr. DAWES. Will yon not allow me to continue the r:eading 7 were in session at a particular time. Mr. EATON. I submit to no further interruption. I should have Mr. .McMILLAN. No, sir; I asked whether at the time the report come to that in a moment. It is to the Congress of the United States of the grand jury of a United States court which accompanies this that the President is t'o submit information. I shall arrive at that mes8age was sent t.o the President the governor of Mississippi and the before I get through with this business. The honorable Senator from Legislature of Mississippi were not democratic, and whether any ap- Massachusetts may possess his soul in patience. I will reach that, as plication for aid was made at that time to the President of the United much of it as he will like. What business, I ask again, had the States! President of the United States to become a volunteer to charge upon Mr. EATON. That is yery possible: but the Senator does not the people of Louisiana anu Mississippi these outrages which he escape out of that hole. It is too small. speaks of 7 If it was his duty, and now I call the attention of my Mr. McMILLAN. I am endeavoring to make no escape. honorable friend from Massachusetts-- Mr. EATON. Let me answer the first question, and then I will Mr. DAWES. I have been giving my friend fl'Om Connecticut my hear another. The Senator insinuates that there have been outrages undivided attention, and I solicited the opportunity of answering, here which a democratic governor and a democratic Legislature have but the Senator objected. not brought to the notice of the United States. That he insinuates. Mr. EATON. You will get ·the opportunity by and by, not now. That I deny. I UBk your attention now, not your words but your attention. Let Mr. McMILLAN. I insinuated only-- every Senator hear what I say and answer it if he can, any way, now Mr. EATON. One moment. I have not yet got though; when I or at any time. Did the President of the United States under his do, I will give you the floor. He next intimates that the President oath of office have any authority to communicate information to the of the United States received this information from a grand jury be- Senate under that section of the Constitution to which the Senator cause he could not get it from a governor. Very well; now I will sup- · directed my attention and which I had upon my brieH pose all that true. If he got it from a grand jury, why did he not He shall frorp time to time give to the Congress- under his oath of office give his information to the Congress of the Not the Senate- United States and not to the Senate upon an inquiry relating to a information of the state of the Union, and recommend to their consideration such riot at Hamburgh, South- Carolina t Now I will hear the Senator. measures as he shall judge neoossarJ and expedient. Mr. McMILLAN. I ·make no insinuations in any respect whatever. Mr. President, let us look at this act of the Executive, for he is only I proposed to the Senator from Connecticut simple questiqns in re- a man. If there have been-outrages in the State of Louisiana; if there sponse to a statement of his upon the floor of tho Senate as a Senator have been outrages in the State of Mississippi, such as demanded the of the United States that facte stated by tho President in his mes- attention and action of the Executive of the United States, his oath sage to tho Senate first, stated by the foreman of the grand jury of a of office, the oath which he has taken, should have compelled him to United States court in his report to the court, are false. Tho Senator communicate that information to the Congress of the United States. has stated that the statements in the message are false, and those Such is the organic law of the land, binding alike on Presidents, and statements are embodied in the report of the grand jury of the United Senators, and people. He is one of the people, and one only ; yet he States to the Uniteu States court. flares to arraign· the people of two States and bring them before the Mr. EA'l'ON. Is the honorable Senator through f I stated this, Senate of the United States and before the country of which he is and I state it again, and let it go to tho country for what it is worth, President and .does not, according to the oath of his office, give to the that if the President of the Uniteu States is true to his oath of office. Congress of the United States any information which he has at hand. and he has received any information of this character regarding the I hope that tho honorable Senat-or from Massachusetts has learneu condition of Mississippi, it_is his duty to report it to Congress. That by this 't ime that I have not forgotten that clause in the Constitution. is what I say; and therefore I·do not believe this trash anyway. · If Louisiana had been sufferin_g, it was the duty of the executive of Mr. McMILLAN. The Senator denied in his place in the Senate Louisiana to call upon the President of the United States for the in- that the facts were true, and pnt himself at issue with the statements terposition of the power of the United States if the Legi&lature of in the message of the President of the United States distinctly and Louisiana was not in session. I will read that clause of the Consti- flatly. tution: Mr. EATON. Do yon know they are true! The UnitOO. States shall guarantee to every Stat.e of this Union a republican form Mr. McMILLAN. I do, sir. of government, and shall protect each of them against invasion, and on application Mr. EATON. How do you knowf of the Leldslature or of the executive (when the Legislature cannot be convened) Mr. McMILLAN. I am at liberty now to state that I know it by against domestic violence. the testimony of innumerable witnesses delivered before a commit- If there was any danger of domestic violence in tho State of Louisi- tee of this Senate under oath. ana, then it became the duty of the executive of Louisiana, if the Mr. EATON. I mi(Tht not believe that. . Le-~islature was not in session and could not be easily convened, Mr. McMILLAN. Sent · there for the special purpose of making to mform the President of the United St-ates that the-re was ti·ouble the investi(J'ation. in his State and ask for the ass?sta.nce of the United States. If Mr. EAT5N. I might not believe that, for I have heard that some there was trouble in the State of Mississippi, it was the duty of the of them are not worthy of belief. No matter-- Legislature of Mississippi, if in session or of the governor if the Mr. McMILLAN. The Senator may not believe any truth. Legislature was not in session and could not be convened, to notify Mr. EATON. The gentleman cannot drag me out of my course; it the President of the United States; and then it would have been the is not in his power. What I said was this, and the people know it; the c.luty of the Presidertt of t.he United States to have notified Congress, Senate know it; that if there was any such information as this, it now in session here, of what was transpiring in those two States and was tho duty of tho President under his oath of office to give it to (lemand, if he required it, the action of Congre s upon that matter. the Congress of the United States, and therefore I do not believe it. Who will deny itT I will give way to any honorable Senator to an- Mr. McMILLAN. l\1r. President- 5260 CONGRESSIONAL RECORD-SENATE. AuGUST 7, Mr. EATON. I will not submit to further inteiTuption. Sir, I admire and have admired for years the consistency and pluck Mr. McMILLAN. I merely desire to have the Senator retain the of my honorable friend from Indiana. He certainly is deserving of I ) position which he chooses to occupy. That is a direct statement that the admiration of us all. Physically weak in his condition, he is yet the facts were not true. here in his seat almost always. I am always glad to see him here; but Mr. EATON. I did not say so. I do not always admire his language any more than my friend from Ver- Mr. McMILLAN. I appeal to the record. mont admires the courtesy and the elegance of the expression "bloody Mr. EATON. When the Senator from Minnesota asserts that, he shirt." Let us look for a moment at another expre8siou that my hon- asserts on this floor what I did not say. · orable friend from Indiana used that to me is laughable in its utter 1\fr. McMILLAN. I am content to rest that with every member of absurdity. He spoke with great and vigorous vehemence when he the Senate present when the Senator made the declaration. said that Tilden dare not say anything in his letter of acceptance 1\fr. EATON. What I said was this, and I say it again; it is not against this Hamburgh matter. Well, upon my word, Mr. President, for that Senator to make a question of veracity with me-- of all the laughable things that I have ever dreamed or heard of in Mr. McMILLAN. I make no question of veracity. my life it is that a man nominated for a public offiee, the highest Mr. EATON. It does not belong to him or to me to make a ques- public office in the land, should go dribbl~g about massacres or any- tion of veracity. I appeal to gentlemen whom I see in my eye if what thing else, either massacres in Hamburgh or stealings in the Treas-. I said was not just what I say now, that it was the sworn duty of the ury Department, either maasacres in Ham burgh or stealings in Saint President of the United States if these things were true to bring Louis. I should hardly have .supposed that Governor Hayes, in 'his them before the Congress of the United States and he had failed to letter of acceptance, would go to Saint Louis and would pitch into do that, and therefore I did not believe that they were true. That is those rascals who had been stealing in the whisky ring- there. I just what I said exactly. should rather have supposed that he would say what he d1d say, that Mr. McMILLAN. Before that the Senator ma-de the distinct state- the civil service of the Government should hereafter be honestly ment, and I appeal to the report of his speech. cared for in every Department of the Government. I do not intend 1\fr. EATON. Is there any further question of veracity between to give his exact lalfguage, but I mean to give certainly the language the Senator from Minnesota and myself! I have explained this thing of a gentleman. I think that is about the substance of what he said. exactly as I understand what I said, and I do not believe there is a But my friend said Tilden dare not, he repeat.ed it four times, that Senator within the sound of my voice except the Senator from Min- Tilden dared not introduce into his letter of acceptance anything nesota who does not agree with me. about this Hamburgh massacre because-now look at it, look at the Now, sir, I give it aa my deliberate opinion as a Senatdt of the animus-because he expected certain southern States to vote for him United States, having in view my own position, having in view the in the fall. Mr. President, as a member of the deiQ.ocratic party, as a honor of the State which I in part represent on this floor, that the personal and political friend of that great man who is its leader in President of the United States has traveled outside of his line of duty. the coming battle, I say that that remark of the Senator from Indiana Sir, he is not your master, nor mine, thank God. The time has not is an insult, an insult to the man, an insult to the party, an insult to yet come when a President of the United States can do acts that would every man who stands in the line o.f the democratic party. It ought not be tolerated in any member of this Senate and yet not be subject not to have been made. Sir, the democratic party, from my friend, to rebuke. Sir, this is a political slander, a political slander against Mr. Tilden, down to myself, one of its humblest members, condemn the democratic party of the United States. The very reading of the crime everywhere; and it is not for the Senator from Indiana or any last clause settles that. Let us look a~ it.: other man of God Almighty's molding to char(J'e on the party to which Their report has not yet been made public- I belong an offense of that character. If he does, I throw it back in his face as false and not to be tolerated among gentlemen on this ·He had no ri~ht to know anything about it; be p.ad no right to floor, and it will not be tolerated without rebuke so long as I have know a word of It any more than I._ It was a report to be made from the honor to be a member of this body, no matter who the man may a committee of this body to this body, not to anybody else. And yet be that makes the allegation. ~~= . Sir, it would be a nice state of affairs if Ron. Samuel J. Tilden, of Their report has not yet been made public; but I await its forthcoming with a New York, renowned as a public man of great sagacity, sho11ld have feeling of confidence that it will fully sustain all that I have stated relating to traveled to Washington and have obtained from the Senator from fraud and violence in the State of Mississippi. Indiana proper language in which to conch his letter of acceptance! Is this so 1 Did the committee of this body who were bound tore- Is it not a .great pity that he did not consult the honorable Senator port to this body give information to the President of the Uniteu from Indiana as to what language he should use in his letter of ac- States so that he might volunteer this to the world when he was not ceptance f As he did not consult him, I desire the Secretary to reau required to give it f Sir, I leave that question to answer itself or be what I send to the desk, that shows the difference between the Sen- answered hereafter by somebody else. ator from Indiana and the gentlemen who is the banner-bearer of the ·· Now it is asked that this political slander, this charge against two democratic party. of the sovereign States-! do not know that the Senator from Ver- The Secretary read as follows: mont will like that term, but I shall continue to use it as long as I The necessity of a. reform in the scale of public expense, Federal, State, and mu- remain a Senator upon this floor; his State chooses to use it and so nicipal , and in the.modes of Federal taxation, justifies all the prollrinence given to it does mine-that this political slander against two of the sovereign in tlie declaration of the Saint Louis convention. The present depression in all States of this Union shall be published to the extent of 10,000 extra the business and industries of tho people, which is depriving labor of its employ- copies to be paid for with democra.tic money, at least half of it. I ments and carrying want into so many homes, has its principal cause in excessive ~overnmental consumption. Under the illusions of a specious prosperity, engen- wish my friends on that side would pay thejr own bills. When we aered by the false policies of the Federal Government, a waste of capital bas been desire to publish a slander of this kind, if we do desire it, and I hope going on ever since the peace of 1865, which could only end in universal disaster. we never shall, ~~ainst the republican party, we will pay the bills The Federal taxes of the last eleven years reach the gigantic sum of$4,500,000,000. Local t-axation has amounted to two-thirds as much more. The vast aggregate is ourselves; we will not ask our republican friends to join with us to not less than 7,500,000,000. This euonnous taxation followed a civil conllict that pay the expenses of the transaction. had greatly impaired our al-tgregate wealth and had made a prompt reduction of Senators have said on this floor, the honorable Senator from Indi- expenses indispensable. It was aggravated by the most unscientific and ill-ad- ana, whom I do not now see in his seat, and I regret to speak of an justed methods of taxation that increased the Sa()rifices of the people far beyond the receipts of the Trea ury. It was ascravated, moreover, by a. financial policy absent Senator, ventured to say on this floor, regardless of the amen- which tended to diminish the energy, s . · andt~conomy of production and the fru ities and courtesies that ought to govern Senators, that there were gality of private consumption, and indo miscalculation in business and an unre Senators here who dared not-dared not was the lanCTOaO'e · sir I am munerative use of capital and labor. Even in prosperous times the daily wants within the rule of all parliamenta.ry discussion ; I will ~ot be ~uts'ide of of industrious communities press closely upon their daily earnings. The mar~in of possible national savings is at best a. small percentage of nat.i onal earnings. it-he said there were Senators on this side of the House who dared Yet now for these eleven years governmental consumption bas been a. larger _not speak against this outrage in South Carolina. Sir, that was not :portion of the national earnings than the whole people can possibly save evt~n coll!teou~; that was .outside of the amenities that govern in eourteous m prosperous times for all new investments. deliberative assembhes. I trust that my honorable friend from In- The consequences of these errors are now a present public calamity. :But they never were doubtful, never invisible. They were necessary and inevitable, anti diana in using that language ·used it in heat, without thon(J'ht or re- were foreseen and depicted when the waves of that fictitious prosperity ran highest. flection. He does not mean to say ; he does not dare to say-let me In a speech made by me on the 24th of September, 1869, it was said of these taxes: use that word now toward him as he has used it-no, I take it ba.c k, They bear heavily upon every man's income, upon every industry, and every bnsi- sir; I regret that I have used it-he does not mean to say that hon- nf'ss in the country, and year iy y~r they are destined to pref!S still mo:e heavily unless we arrest the s.vstem that gtves nse to them. It was comparatively eas.v orable gentlemen occupying seats upon this floor would fail under when values were doubling under repeated issues of legal-tender paper money to any circumstances to denounce a cowardly outraO'e. He does not pay out of the froth of our growin~ and apparent wealth these taxes; but wh n mean it; he cannot mean it. It cannot be true, ~nd therefore he values recene and sink toward theu natnral scale the tax-gatherers take from us cannot mean it. I do not mean to accuse him of falsehood; far from not only our income, not only our profits, but also a. portion of our capital. I do not wish to exaggerate or alarm. I simply say that we cannot afford the costly and it; but I mean to say that he spoke in the heat of debate. He would ruinous policy of the radical majority of Congress. We cannot afford that policy no more say that to my honorable friends from Georgia [Mr. GoRDON] toward the South. We cannot afford the magnificent and oppressive cantrall m or Missouri [Mr. COCKRELL] or North Carolina [Mr. RANsoM] than into which our Government is being CMlverted. We cannot afford the prese~~.tmag­ they would say it to him ; that he waa afraid to denounce a man who nificent scnle of taxation. To the Secretary of the Treasury I sairl eal'ly in 18f:5, there is no royal road for a government more than for au individual or a. corpOI-a- had picked a pocket, for the inference would be that he waa in lea(J'ue tion. What you want to do now is to cut down your expen es and live within yotu· witJ;t the pickpocket. When~ver an assertion of that kind is m:de, income. the inference Is that the parties who dare not denounce the act are in I would pve all the legerdemain of finance and financiering, I would give the whole of it for the old lLOmely maxim: "Live within your income." This refot•m league with the men who would be guilty of an outrage that nobody will bo resisted at every step, but it must. be pressed persistently. We see to.day can nefend. t.he immediate 1·epresentatives of the people in one branch of Congress while strug- 1876. CONGRESSIONAL RECORD-HOUSE. 526L gling to reduce expenditures compelled to confront the menace of the Senate and votes, and not from n. high sense.of duty and honor, then of course the Executive. Unless the objectionable appropriations be consented to, theo;perllotions words mean nothing; but if as an honest man, if as a representative of the Government thereunder shall suffer detriment or cease. In my JUdgment man of one-half of all the intelligence of this broad land, no, not one- an amentlment of the Constitution ought to be devised separating into distinct bills the appropriations for the various departments of the public service and excluding half, but all of it; I say if he wrote it as an honest man, and as a rep- from ·ea~h bill all appropriations for other objects and all independent legislation. resentative of me, and you, and you and all the other democrats of In that way alone can the revisory power of each of the two Houses and of the Ex· this broad land, then the man who would ask for more is not honest; ecutive be preserved and exempted from the moral duress which often compels as· the man who would sneer at it would sneer at his dying mother. I sent to objectionable appropria.tions rather than stop the wheels of the Govern· ment. say, sir, it is all that an honorable man says if he means it, and, God .An accessory cause, enhancing the distress in business, is to be found in the sys- helping me, I believe he does; in my heart of hearts, I believe he does . tematic and unsupportable misgovernment imposed on the States of the South. I mean it. I mean the country to understand that he means it. The Be ides the ordiriary effects of an ignorant and dishonest administration, it has man who stands upon this floor, or any other floor, and undertakes to inflicted upon them an enormous issue of fraudulent bonds, the scanty avails of which were wasted or stolen, and the existence of which is a public discredit, tend· sneer down the honest language of an honest man may go before the ing to bankruptcy or repudiation. Taxes, generally oppressive, in some instances people and they will sneer him down. have confiscated the entire income of property and totally destroyed its marketa- Mr. COCKRELL. Mr. President, the Senator yields to me-- ble value. It is impossible that these evils should not react upon the prosperity of :Mr. SHERMAN. Unless the Senator from Connecticut himself the whole country. The nobler motives of humanity concur with the material in- l rests of all in reqniring that every obstacle be removed to a complete and dura. desires an adjournment, I think we had better finish this political ble reconciliation between kindred populations, once nnnaturallyestranged, on the discussion and go on with important business to-morrow. basis recognized by the Saint Lonis platform, of the ''Constitution of the United Mr. EA.TON. :My friend from Ohio should recollect that it is ex- States with it!! amendments universally accepted, as a final settlement of the con- troversies which engendered civil war." But in aid of a result so beneficent the tremely hot, and I am tired. I hav_e agreed to yield for an adjourn- moral influence of every good citizen, as well as every governmental authority, ment. ought to be exerted, not alone to maintain their just equality before the law, but Mr. SHERMAN. If the Senator desires it himself, I shall not ob- likewise to establish a cordial fraternity and good-will among citizens, whatever ject. their race or color, who are now nnited in the one destiny of a common seH.govern- mont. If the duty shall be assigned to me, I should not fail to exercise the powers ~Il:. ANTHONY. I do not wish the Senator to go on if it is not con- with which the laws and the Constitution of our country clothe its Chief .Magistrate venient for him. lDIN. I · move that further proceedings under the call be Mr. BANKS. I desire to say on behalf of Mr. LAMAR that he was dispensed with. here until near the time when the call was made, but on account of Mr. COX. Before the question is taken on that motion, I beg to sickness was obhged to leave in company with one of the officers of say to my friend from Maine [Mr. IIALE] that if he will consent to the House. I move that he be excused. require only two days' notice after the maJority reports are ready for The motion was not agreed to. the minority reports to come in, I think the arrangement will be Mr. CHITTENDEN. I ask unanimous coll86nt to make a "miscel- satisfactory. laneous remark." Mr. CONGER. I object to the proposition being acted on with The SPEAKER pro tempore. The gentleman from New York is not closed doors. in order. Mr. HALE. I should be repeating myself in saying what the mi- Mr. CHITTENDEN. Not by unanimous consent f nority want here is when any investigating commit.tee reports a mi- Several MEMBERS. Take leave to print. nority report shall go in at the same time. That is .what we think The SPEAKER pro tempore. Does the gentleman from New York should be done. Now, if any time or notice can be agreed upon, that desire-to speak with reference to the matter before the House 7 notice and that time should apply in the committee, and not in the Mr. CHITTENDEN. My remark refers to the proceedings before House; that is, the majority report should not be put in and given to the House; and it is this-- the press and the countr~ and the minority come in afterward tail- The SPEAKER pro tempore. The gentleman must not proceed with ing along, but the majority of the committee desiring to report his remarks until the question of unanimous consent is determined. shall give in writing to the minority of the committ,ee, say three Is there objection t The Chair hears none. days' notice, and after that, if the minority does not get ready, Ul.en 1876. CONGRESSIONAL RECORD-HOUSE. 5269 the majority shall have the right to report. I do not see any objec~ testimony, that there is no expectation of any report being presented tion to that, because then the two could go to the countrytogether. from that committee, because the testimony is not complete and is Take the case of the whisky-ring committee that has been taking still being taken. That removes a portion of the difficulty. Now I testimony clear up to the present time. 1 do not know but somebody for one have no objection to the arrangement being made if this point may ba ve a report ready in that committee now and three day's notice be conceded, that the two reports shall come in at the same time. would not be long enough to prepare a proper minority report. I am That is the point we have been struggling for all along, and in regard · aware we are getting hopefully toward the end of the session and to which we have made agreements heretofore in cases where commit- therefore something must be yielded to that, but sufficient notice tees have reported. I have no objection for one tM.t upon written no- should be given to committees which have taken vast masses of testi- tice of a majority of the committee wishing ·t o report, to the minor- mony. A:ny committee wishing to report, I propose shall give in writ- ity, and the report being submitted, the committee may report within ing, because that fixes it, to the minority of the committee, notice two days. It is too short, I am aware; still we are near the close of when it will present its report in the House. the session, and we have no desire to obstruct any report that is legit- Mr. KASSON. And submit the report to the minority. imately made, the other side being given a chance to be heard. Mr. HALE. A:nd sub_mit the report to the minority, and then at Mr. COX. I am prepared to say, and I think I speak for a large the end of three days, unless the minority is ready, the majority shall number here, that, so far as I understand the gentleman from Maine, submit its report. that would be satisfactory. When the notice is given to theHouse- Mr. RANDALL. We may agree to adjourn and go home before Mr. HALE. As I understand it, there is to be no notice given to thattime. · the House. Notice i's to be given in the committee. As in the case Mr. BEEBE. That does not apply, I suppose, to committees which of a matter in court, this notice is a service on the o~her side, and a have already reported and the reports and testimony ordered to be copy of the report is given to the minority or read to them; and then printed and recommitted. There are some cases where the minority they have two days to prepare their report. Then the two shall be have agreed with the majority in submitting report. presented to the House together. Or, if the minority is in default at Mr. HALR That does not interfere with the reports which have the end of the two days, the majority presents its report alone. been already·made. I make the proposition to the House. Mr. SPRINGER. Would it be B.'lotisfactory to the gentleman from Mr. M0:2RISON. It cannot be agreed to with that length of time. Maine that, after the committee has agreed upon the majority report, Mr. FRYE. One exception can be made, and that is where the ma- then two days after that time that committee may make its report, jority and minority of a committee agree to report; that is, both the and the minority of the committee may then submit its report at the majority and minority agree to report at the same time; and that same timeT Is that satisfactory! would cover every case where there was fair dealing, so that there Mr. HALE. The only object of my proposition in regard to notice need not be any delay at all. is to prevent controversy and to protect the rights of the minority.· Mr. RANDALL. Make it two days. After notice is given in writing,·of which the chairman will keep a Mr. COX. There will be no objection in cases where the majority copy, no question will then arise whether under the rule we are abont and minority agree to report. But three days is too long in the clos- to make the Speaker would rule the majority of the committee en- ing hours of the sess~on. , titled to the floor. Mr. HALE. The gentleman must see we have not delayed this. Mr. COX. I think there can be no accommodation of this thing He says two days are too long. Why were not the reports brought unless the arrangement be upon the basis that when the majority re- in beforef port comes in and is offered to the House forty-eight hours from that Mr. MORRISON. Because they were not ready. time the minority report may come in also. Mr. BEEBE. It could not have been done in some cases. Mr. HALE. That would give the majority the opportunity of com- Mr. COX. How is it essential for the minority that the major- ing in with their report, putting it on the records, and sending it to ity report should be submitted before they can make their minority the country when the minority had no opportunity of reporting at the report f Are the gentlemen willing to agree two days' notice shall same time. be given by the majority to the mmority, without bringing in the Mr. COX. It is part of my proposition that they shall be printed majority report in the first instance until the minority are ready to at the same time. submit their report f I think that would be fair. Mr. FRYE. That arrangement would give an opportunity to a com- Mr. CONGER. That could not ·be done. mittee of putting in a report on the last day of the session and de- Mr. HOAR. How can there be such a minority report f What prive the minority of all opportunity of presenting their views. the gentleman calls a majority report is a report of the committee. Mr. COX. That is not the intention. How could there be a report of a committee unless all of the com- Mr. HALE. My proposition is that the majority shall give the mittee had seen it f minority two days' notice. Mr. COX. They generally discuss these things in committee and Mr. BANK$. I would like to say a word or two on this question. come to some understandin~ as to their divergence of views, even The SPEAKER pro tetnpm·e. The gentleman from Massachusetts before either of the reports IB written. [Mr. BANKs] is recognized. Mr. FRYE. In some reports the minority were not consulted at all. Mr. SAVAGE. Before the gentleman from Massachusetts [Mr. Mr. HOAR. It is in violation of parliamentary law. BANKs] proceeds, I wish to ask the gentleman from Maine whether Mr. HALE. When there is agreement between the majority and it is his proposition that notice should be served upon all the mem- minority they can report at any time ; but the gentleman will see bers of the minority of the committee or upon only one of them f that the minority ought to have as much time to prepare a report as Mr. HAL.E . Any.difficuliy in regard to that can easily be obviated the majority, and they cannot begin to prepare ilie views of the by the majority preparing their report and submitting it to a single xpinority until they have seen the majority report. It may be that member of the minority, and announcing in the Honse that in forty- the minority may agree to the majority report. They should have an eight hours from that time they will present their report. I think we opportunity to see whether they can or not, and when they find they have made a fair proposition. If gentlemen on the other side do not cannot agree to it, they ought to have time in which to submit the see fit to accept it, we must go on as we have been doing. views of the minority. Mr. YEATES. Would not a notice in the House be sufficient f Mr. COX. If the gentleman will agree to -the proposition of two Mr. JONES, of Kentucky. I wish to know if I understand the gen- days' notice there will be no difficulty on this side of the House. I tleman from Maine-'lorrectly. I understand his proposition to be this: think that is generous and fair. . That when a committee agrees to make a majority report the majority Mr. BURCHARD, of lllinois. I shall object to any arrangement of shall give two days' notice to the minority; and at the expiration of this kind being made with closed doors. I insist that when the doors two days, whether the minority are ready to report or not, the majority are closed this House can transact no business. may then present their report. If my understanding of the proposi- The SPEAKER pro tempore. The Honse is not transacting blli!iness tion is correct, I think we ought to agree to it. now. Gentlemen are endeavorin~ to m~ke a preliminary arrange- Mr. BANKS. At this period of the session it seems to me that the ment. The gentleman from lliinoiB need not be disturbed upon that deinand of the fentleman from Maine for three days is too much. point. Mr. HALE. have yielded this point and ask now only two days. Mr. CONGER. I think that the gentlemen who have this talk Mr. BANKS. The proposition also that notice shall be given in should go to the cloak.:.rooms and not disturb members. committee is not a reasonable one a.s the minority may defeat that Mr. COX. I would suggest that the gentleman from Michigan proposition by not attending. If notice of forty-eight hours .is given should go there himself. He is more out of order than anybody else. in the House in the presence of some member of the minority of the :Mr. WAlT. If any proposition of this kind is to be agreed to, I committee and taken notice of by the Speaker, that ought to be suffi- think we should understand whether the day on which the notice is cient. given is to be included in the two or three days or whether it is ex- Mr. BURCHARD, of Illinois. After the report is agreed to f cluded. If that is not understood a controversy might spring up in Mr. BANKS. Of course, after tp.e report is agreed to in committee. • regard to that point fhe notice shall be ~iven by the chairman or any other member of t Mr. COX. The proposition 7 as I understand it, is that the two days 11hall be forty-eight hours, counting from the time the notice is given. the committee making it in the presence of some member of the minority committee, of which the Speaker shall take notice, and forty- Mr. HALE. The two days, or tne three days, would be reckoned eight hours shall then be allowed. That notice ou_ght to be quite from the time the notice is given. . sufficient for the minority. Usually the minority report is very brief ; Mr. Speaker, I am informed by gentlemen from one of the commit- oftentimes it consists merely in dissent to the chief propositions of tees to which I have alludecjl, which has boon taking a large mass of the majority, and forty-eight hours, wit~ the time for preparation al- 5270 CONGRESSIONAL RECORD-HOUSE. AUGUST 7, ready had by the minority and by all members of the committee, from Ohio [Mr. GARFIELD] suggested, that the forty-eight hdUrs in ought to be sufficient to present such a dissent as would satisfy the all cases shall not be reckoned from any time past of the present. minority. Mr..RANDALL. That would take away from the committees, who Mr. WAlT. It does seem to me, sir, that the proposition of the now have the right to report at any time, the right to report except ( gentleman from Maine that the majority shall give a copy of the re- upon forty-eight hours' notice. port to the minority is a fair one, because the minority report is al- Mr. HALE. Not at all. But there might be the case of a commit- ways a response to that of the majority. They should therefore have tee that cannot now report, and that needs this solvent to enable their copy of the report of the majority. If they have attended to them to report; that has already agreed upon its majority report. the case and have understood the testimony, in forty-eight hours they Now if this side of the House agrees to this proposition they might could make a response to the report of the majority; but if the report come in here now and say, "Why, we agreed to our report for the comes into the House they do not have an ·opportunity to examine it majority six days ago." · in advance and to make up their own report. The two days' time Many MEMBERS. "0, no I" which they have to respond is too short. I believe the proposition Mr. HALE. Then let it be understood that this agreement is pro- of the gentleman from Maine is a fair one, that when the notice is spective, not retrospective. given then the report itself shall be handed over to the committee so Mr. SPRINGER. And also that where the majority and the minor- that they may prepare their statements in answer and present them ity of a committee are now ready to report they can report at any to the House at the same time. timeT Mr. BANKS. The proposition of the gentleman who has just taken Mr. HALE. Certainly. his seat is not a reasonable one. The minority of the committee has Mr. YEATES. The arrangement to date from this day. no right to the possession of the report of the majority; they must Mr. HALE. From this day. .~ take their knowledge of it from the proceedings of the committee, and Mr. BEEBE. How will that arrangement affect the cases where they cannot claim possession of it. I repeat that I think if forty- the majority and the minority reports have been printed and recom- eight hours' notice is given after the proceedings of the committee mitted, not to be brought back on a motion to reconsider f Could have been concluded in the presence of a member of the minority of not those committees report at any time, the minority being readyT - the committee and of the House and taken notice of by the Speaker Mr. YEATES. They have already reported. it ought to be sufficient for this side of the Honse. · Mr. WAlT. I cannot see the embarrassment the gentleman from Mr. CONGER. It seems to me that the report of the majority of New York [Mr. BEEBE] speaks of. If the majority and the minority the committee after having been adopted should be left with the are both ready to report, then they can report at .any time. clerk of the committee so that any member of the committee may Mr. STONE. As this matter seems to be arranged, I move that all have access to it and have an opportunity to express his views in re- further proceedings under the call be dispensed with. gard to it. The idea that they should have no access to it so as to ·Mr. GOODIN. That motion is already pending. be enabled to present their views seems very inconsistent with the The SPEAKER pro tempore. The Chair is only awaiting the time desire to ·give the minority a fair chance to express their views to the when there is a concurrence between the two sides of the House on House. The report should be left with the clerk of the committee, this matter. Of course no business can be transacted while the doors accessible to every member of the committee in whatever time may are closed. The first question in order is upon the motion to dispense be allowed. with all further proceedings under the call, which motion is now Mr. YEATES. It seems to me that the report of a committee is pending. agreed upon in the committee-room and it is the duty upon notice of Mr. SPRINGER. With the consent of the gentleman from New all the members of the committee to be there, and if they see fit to be York, [Mr. Cox,] I ask leave to submit a resolution in the following absent, and if they are notified in the House that a report will be form: ... made in forty-eight hours, that is all they should claim. Why should Resolved, That the investigating committees may have leave to report during any minority have rights extended to them that do not belong to them the remainder of this session at any time after forty-eight hours from tbe time the m~jority have agreed to their report and the fact has been announced totheHollSe, by parliamentary usage T If they eee fit to be absent, then it is their which fault, and the position of the gentleman from Massachusetts is en- ity andannouncement may be made at any time; and in all cases where the maJor - minority reports are now ready the reports may be made at any time. tirely correct. Why, we never could get a report from any committee Mr. HALE. That is an entirely different proposition from the one if a minority of that committee saw proper to stay away in the man- we have agreed to with the gentleman from New York, [Mr. Cox.] ner in which the gentleman from Connecticut suggested. No, sir; Mr. SPRINGER. In what respect is it different from that f let the chairman of the committee notify them that there will be a Mr. HALE. I do not care to argue it; it is very evident that it is meeting on such a day, and when they meet let the majority have different. their report ready, and if the minority do not see fit to come, let him Mr. STONE. I call for the regular order. notify them that the report will be made in forty-cight hours. .Mr. JONES, of Kentucky. By the permission of the gentleman Mr. RANDALL. It seems to me that the proposition of the gentle- from New York [Mr. Cox] I will read what I understand to be in man from Massachusetts [Mr. BANKs] is a fair one. substance the proposition from the other side, and which I think is Mr. YEATES. Certainly it is. . Mr. RANDALL. It is that a member who desires to make in behalf a fair one. Mr. STONE and others called for the regular order. · of a committee a report shall rise in the Honse and publicly give it SPEAKER pro tempore. The regular order is the motion of notice that forty-eight hours thereafter the majority report, as indi- theThe cated, will be made to the House; and if the minority do not avail ingsgentleman from Kansas [Mr. GooDIN] that all further proceed- under the call of the House be dispensed with. themselves of the opportunity of expressing their views, it is their The question was taken upon the motion to dispense with all fur- loss. ther proceedings under the call; and upon a division there were- The SPE~ pro tem.pore. The Chair would like to call the atten- ayes 91, noes 81. tion of the gentleman from Pennsylvania to one point in his remarks. Before the result of this vote was announced, Is it understood that this notice shall be privileged' Mr. SPRINGER called for tellers. Mr. RANDALL. Of course. . Mr. COX. Gentlemen around me desire me to again read the prop- Mr. COX. I desire to submit a resolution. I do not know whether osition of accommodation which I read a moment ago. the proposition will need any modification, but I ]lope not; my reso- Mr. BURCHARD, of Illinois. We are dividing upon a motion to lution is as follows : . dispense with further proceedings· under the call. There are several Resolved, That the investigating committ-ees may have leave to report durin~ the gentlemen who object to proceeding with any business with closed remainder of this session at any time after two days from the time the co:mnuttee have &ftl'OOd to their report and submitted the same to the minority, who shall have doors. We have no objection to the agreement proposed. leave at the same time to submit their views to the House. Mr. COX. If there is no objection, then let me by, unanimous con- Mr. YEATES. How are you going to find the mU:ority if they sent, again state it. choose to be absent f The SPEAKER pro t-empore. The Chair has already stated that Mr. COX. I cannot answer that question. no business can be transacted by the Honse while the doors are closed and certain members are prohibited from entering who have a Mr. GARFIELD. That seems to be a fair proposition; there may, right to be here. The Chair has entertained by unanimous consent however, ·be some cases where notice has already been ~ven and now propositions for the settlement of this question. Of course nothing without any expectation that report will be thrown in fmmediately; can be acted upon finally until further proceedings under the call the report might be made at once. have been dispensed with. Mr. RANDALL. Some of the committee have a right to report at Mr. COX. I will read the proposition: any time. Mr. GARFIELD. I know that; but there ought to be some notice remainder Buolved, That the investigating committees may have leave to Npol't during the of this session at any time after forty-eight hours from the time the given after this time. The two days should not be considered as committee have agreed to their report and snbmitted the same to the minority, who running for any period previous to the present time. shall have leave at the same time to !Jilbmit their views to the House; but if the Mr. COX. I propose to add, at the suggestion of gentlemen here, minority is absent from the meeting of the committee then notice shall be given in the words, "and if the minorities of said committees shall be absent, the House itself. then that notice shall be ¢ven in the House." Mr. HALE. That is a fair proposition, and unless that can be agreed Mr. HALE. That is frur. to there is no use in talking any further about it. Mr. COX. I propose also to put in forty-eight hours instead of two Mr. BEEBE. Will there be objection to adding that in aJl cases days. where both the majority and minority are ready both reports may be Mr. HALE. Let there be this understanding, as the gentleman made at any time f 1876. CONGRESSIONAL RECORD-HOUSE. 5271 Mr. COX. Nobody will object to that. · The motion of Mr. Cox to suspend the rules and adopt the resolu- Mr. BURCHARD, of Illinois. I object to that with closed doors. tion was agreed to, two-thirds voting in favor thereof. Mr. BEEBE. I put the question t.o my friend from Maine. ENROLLED BILL ·siGNED. Mr. HALE. What is the questionf Mr. BEEBE. Is there objection where the majority and minority Mr. HAMILTON, of Indiana, from the Committee on Enrolled Bills, are both ready to their reporting at any timef reported that the committee had examined and found truly enrolled Mr. HALE. Of course there is no objection to that. This agree- a bill of the following title; when the Speaker pro tempore signed ment does not apply to such a case as that. the same: Mr. RUSK. I call for the regular order of business. An act (H. R. No. 3625) providing for the sale of the Osage ceded The SPEAKER pro tempore. The regular order is the motion of the lands in Kansas to actual settlers. gentleman from Kansas, [Mr. GoODIN,] that all further proceedings WORKS AT SOUTHWEST PASS, Ml88l8SIPPI RIVER. under this call be dispensed with. Mr. SPRINGER. I withdraw my call for tellers and for a further The SPEAKER pro tempore, by unanimous consent, laid before the count. Honse a letter from the Secretary of War, transmitting a communi- The SPEAKER pro tempore. The motion for further proceedings cation from the Chief of Engineers relative to the clause in the river under the call of the Honse was agreed to upon a division-ayes 91, and harbor bill affecting works at Southwest Pass, Mississippi River; noes 81. The Doorkeeper will now open the doors. which was referred to the Committee on C~>Inmerce. Mr. COX. I move to suspend the rules and adopt the resolution RESUMPI'ION Oll' SPECIE PAYMENTS. which I send to the Clerk. Mr. HAMILTON, of Indiana. I ask unanimous consent to record Mr. HALE. When we resume the regular business of the House, ~•. the first thing pending is the appeal. Now, if this resolution is to be my vote on the passage of the bill to repeal the resumption-day clause of the act of January 14,1875. submitted and adopted, it is understood of course that the resolution Mr. HOAR. I object. of the gentleman from Virginia [Mr. DOUGLAS] and lhe appeal are Mr. HAMILTON, of Indiana. I desire to state that,ifpermitted,l withdrawn. 1 should vote " no." Mr. SPRINGER. There is no object10n to that. Mr. RANDALL. I move that the Honse adjourn. The SPEAKER pro tempore.. The Chair understands that the motion to suspend the rules will suspend all previous proceedings. The LEAVE Oll' ABSENCE. motion pending before the House . is on laying upon the table the The SPEAKER pro tempore, by unanimous consent, laid before the appeal taken from the decision of the Chair by the gentleman from Honse various requesU! of members for leave of absence. . Maine. Mr. McMAHON. I object; I do not propose to stay here all the Mr. HALE. But if the gentleman from Virginia withdraws the tima myself and let others go away. resolution which he sou~ht ~ have ~eferred, then the appeal is ~th­ Mr. RANDALL. We are elected to stay here and attend to the pub- drawn; and this resolution JS substituted for all those proceedings. lic business. That is fair. Mr. WILSON, of Iowa. Exception should be made in oases where Mr. SPRINGER. That is right. members ask for leave of absence on account of sickness in their fam- Mr. COX. Before submitting my resolution I yield to the gentle- ilies. man from Virg-i nia [Mr. DouGLAS] to withdraw the resolution which Mr. GARFIELD. Let us have a vote on it; I move they be ex- he offered to amend the rules. cused. . Mr. DOUGLAS. I ask unanimous consent to withdraw that reso- The SPEAKER pro t~pore. The Chair asked unanimous consent lution. to lay these requests for leave of absence before the Honse. That Mr. HALE. It had better be understood that I withdraw the ap- unanimous consent has been granted; and the question now is, Shall peal and the gentleman from Virginia withdraws his resolution, and the requests be granted or refused f the resolution of the gentleman from New York [Mr. Cox] is sub- Mr. RANDALL. But I made the motion to adjourn. stituted for all those proceedings. The SPEAKER pro tempore. But unanimous consent was gra.nted Mr. COX. ·I move to suspend the rules and adopt the following to lay these requests for leave of absence before the Honse. resolution: Mr. RANDALL. That permission has been granted irom time to Ruolved, That the investigating committees may have leave to report during .the time, but it has always been by unanimous consent. Objection being remainder of this session at any time after forty-e~gbt hours' notice from t~e ~e made and the regular order being demanded, of course the question the committee have agreed to the report and subDlltted the same to the mmonty, must be pntou the motion to adjourn. The motion of itself precludes who shall have leave at the same time to submit their views to the Hou.se; and if the minority is absent from the meeting, said notice of the same shaJl be given in and prevents the asking of leave of absence. · · the Honse. Mr. GARFIELD. The gentleman is mistaken. Mr. RANDALL. No, I am not mistaken. Mr. CONGER. Before this resolution is acted on, I would like to Mr. SPRINGE.R. Nothing can prevent this House from adjourning know in what condition the regular business now stands. when it wants to. The SPEAKER pro tempore. The morning hour has expired, and Mr. GARFIELD. I move to suspend the rules. the gentleman from New York [Mr. Cox] moves to suspend·the rules Mr. McMAHON. I demand the regular order of business. and adopt t he resolution which he has t·ead. Mr. RANDALL. I now move the House adjourn. Mr. CONGER. But, :Mr. Speaker, we were dividing upon ordering The SPEAKER pro tempore. Although the Honse has given unan- the yeas and nays; and that is the regular order. - imous consent to the presentation of req-uests for leave of absence, Mr. SPRINGER. AU those proceedings have boon withdrawn by nevertheless the gentleman from Pennsylvania now moving to ad- unanimous consent. journ, the question must be put on that motion, as the motion to ad- Mr. CONGER. I do not so understand. journ takes -precedence of all other questions. It is for the House to Mr. CASWELL. I beg to remind the Chair that I called his atten- decide whether it will adjourn now or vote on the requests for leave tion to the fact that the morning hour had expired, and moved to of absence. suspend the rules and pass a bill. Mr. GARFIELD. The granting of these requests for leave of ab- The SPEAKER pro tempore. The gentleman will recollect that sence will not leave yon without a quorum. the House was dividing. Mr. RANDALL. Yes, it will. Mr. CASWELL. The Chair ruled me out. Mr. MORRISON. And that is just what the gentleman from Ohio The SPEAKER pro tem-pore. The Chair thinks he was right in so wants. " The House divided; and there were-ayes 89, noes 68. doing.CA Mr. SWELL. I s not t his a sun . ilar propoBI't"Ion f . Mr. COCHRA..."rn demanded the yeas and nays. The SPEAKER pro tempore. The circumstances are different. · The yeas and nays were not ordered. Mr. RUSK. Let the proposition of the gentleman from New York Mr. SAVAGE. I demand tellers. be read by the Clerk. Tellers were not ordered. Mr. BURCHARD, of Illinois. Before that is done, I wish to ask So the motion was a~ to; and accordingly (at five o'clock and whether the proposition of the gentleman from Virginia [Mr. DouG- thirty minutes p.m.) the Honse adjourned. LAS] is understood to be withdl'awn f The SPEAKER pro ten&pore. The gentleman from Virginia has withdrawn it. The resolution of Mr. Cox was again read. PETITIONS, BTC. Mr. GARFIELD. The gentleman should add that this is to operate The following memorials, petitions, and other papers were pre- fprospectively. sented at the Clerk's -desk under the rule, and referred as stated: Mr. COX. That is understood. By Mr. COOK: The peti,ion of Htmry Love, executor of the es- Mr. WILSON, of Iowa. We wa.ntto understanddiBtinctlywhether tate of James Love, deceased, that he be paid the amount heretofore the appeal is withdrawn by the gentlemanfromMaine, and the notice aujudged to be dne the father of the deceased by the Interior De- to amend the rules withdrawn by the gentleman from New Yoi;.k:, partment for services rendered as a surgeon's mate in the First Georgia [Mr. Cox.] Continental Battalion in the revolutionary war against Great Brit- The SPEAKER pro tempore. That has been already stated. ain, to the Committee on Revolutionary Pensions. Mr. HALE. The appeal and the resolution have been withdrawn; By Mr. HOUSE: The petition of William Webster, that Congress ~J.nd thU$ takes the place of the who~e proceeding. take such step~ as will secure his restoratio~ to ~ lan2rt theNorthern Pacific Railroad bas been completed Sm: I have the honor to aoknowledge t-he receipt of yonr letter of the 15th in- to Bismarck, on the Missoun River, a distance of two hundred miles from the west- stant requesting to be informed of "th611Cbarge upon the Treasury for each of the ern boundary of Minnesota. resj)ective existing Territories, and the items that make up the same." Bismarck ls a considerable town, and many other small towns and villages have In reply I inclose herewith a statement showing the expenditures under heads of sprun~~: up along the railroad and elsewhere in the Territory; large numbers have appropriations on account of each Territory during the fiscal years 1872 and 1873. been added to the population; immigration still continues, and no doubt is enter- The iteiDS of expenditure for fuel, furniture, repairs, lights, &c., are so numerous tained toot with the opening of t.be present spring the influx of population will ex- that it is not practicable to give them in detail. ceed that of any preceding season. I am, very respectfully, WM. A.. RICHARDSON, Secretary. The following extract from a speech delivered in the Honse of Representatives Hon. A.. L BOREHAN, on the 14th instant, by Hon. M. K. Armstrong, present Delegate from Dakota, your Ohairman Oommittu on Territoriu, United Statu Sena,U, Expenses of territoriaZ govem71Umt. Fiscal yoa.r 1872. Fiscal year 18'73. Territories. Ordinary Ordinary Salaries. expenses. Total. Salaries expenses. Total .ARIZONA. L~~~tiv~o;:;::~udges, &c .. ............................................................. tl3,655 26 ··f4;:325·i2. .14,906 59 ·····-······ .•••••.••..•. tl,OOO 00 Co~tlngent expenses::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::. 2, 000 00 ··•··· ...... 20,758 00 Salary of interpreter and translator.......................................................... 624119 ........... . r.w.~371-------l·------~ t36,664 59 COLORADO. =~~~::J:~~~~~~~::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::~ ::~~:::~: ··i·:·~- 13, 212 30 ......... - .. :::::::::::· ..... 838.78' 34,300 00 1 - - - - - - 1 · - - - · - 1 14,051 08 DAKOTA. ~=~~=~:=~-:~·:·:·:·::·:·:':':'::::::: :::::::::·: ::::::::::::::::::::::::::::::::::::::::: : ~~: ~: ~: . .~: ~. ~- 14,686 87 13,453 30 24,382 07 1,000 00 38,835 37 IDAHO. ttl~~r:~=t~:-::::·::::::::::: :::::::::·:=·::::::·::::::::·=·:·:·:::·::·:·::::::::::::::~ :~::: ::~~·: ~~:~: --·1:~-~- -----·1--------1 22,218 65 13,500 00 ············ ··········-· 20,144 71 ............ 1,657 08 35,301 79 13,500 00 ......... ......... 2,967 59 ................ 1, 000 00 ................ 43,206 75 -- 17,467 59 13,500 00 ................. ................. 2, 849 23 ....................... l, 000 00 37, 49~ 84 17,349 23 UTAH. ~tl~~rs:~:::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::~;:~~: ~: - ~~~-~~- WASHINGTON. 29,· 36,697 18 13,198 90 ................... ............................ .................. 1, 000 00 ...................... ---- ---- 14,198 90 ~!~r:~:=~::: : : : : : : : : : : : : : : : : : : : : : : ~=:::::::::::::::::::::: ::~::~~ ~ --': ~.:. 15,388 29 ................. ..................... ............... ............... 1, 400 50 42,564 00 16,768 79 WYOMING. Ei~~~r~:::~::: :::::::::::::::::::::::::~:: :::::::::::::::::::::::::::·::: : : : : ::~ ~~~:~: --is:~~-~~· 13, 651 65 .•..... --. -. ··•·••••·••· 2, 700 00 ·••·•·•··••· 942 08 31,075 05 1 - - - - · 1 - · - - - 17,293 73 Aggregare expenditure for the nine Territories for two years, f49(),803. 78. One-~ erage, as may be seen above, is $27,266.87, and i8 a small outlay for the benefits real- ninth of the above is the avel'al!:e expenditure for one Territory for two years, and ized from such a government. is $54,533. 75l. One-half of the last-named eum shows the average annual expendi- It must be conceded that the development and growth of this Territory will tend ture of one Territory, and is $27,266.87. · to add to the wealth and prosperity of the nation, and it can be no 161!s apparent This communication and statement show the separate and a~gregate expendi-~ that the thousands of hardy and enterprising people within its boundaries, who, ture out of the Treasur_y for all the Territories for two consecutiv-e years, thus in- by the sacMces,energy, and industry indispensable to suC008S in border life, ~thus eluding the expenses of a session of the Legislature in eaoh, and enabling us to fix contributing to the resources of the country, have a right, even though it necessitates the average annual charge on the Treasury for a rerritorial government. This av. a small annual draught on such resources, to demand a recognition of their situatiOn, 5274 CONGRESSIONAL RECORD-SENATE. AuGustr 8, wan~ and inter~ts by the establishment of a loeal govemmentthatwill be acces- The bill was reported to the Senate. sible tor the transaction of their necessary business at only a reasonable expendi- Mr. WINDOM. I think this bill ought to pass. There are alrearly tnre of their time and means. The committee, therefore, report back said bill with some verbal amendments tw? h:nndre~ miles of railroa_d in that Territory; the northern portion and recommend that the same do pass. ' of It 18 settlmg up very rapidly; and I think it is a fact that is not ge~erally unde:st?od ~hat one of the best ·farming regions in the Mr. EDMUNDS. Of course, at some day or other this will be a Uruted States lies m this proposed new Territory. There are several proper bill in substance ; but it does not appear to me from the state- farms already being opened iu it of from one thousand to three thou- ment of the report and with the number of people there now that it sand acres. Two thousand or three t~ousand acres haYe been already is wise to set up a distinct temtorial organization, which costs the broken upon several farms. There IS one farm opened or partially people a good deal of money and costs the United States a good deal. opened by a company of over thirty thousand acres, and from three Of course the organization has to be just 38 expensive, just 38 many thousand to four thousan~ acres are now under the plow. offices and places, substantially, as if the people were much more . The people of that port:Ion oft~e territory (and it is settling so rap- numerous than they are. I do not think that in this late stage of the Idly tha~ the populatiOn I~ becommg heaVIer there than in any other session we ought to hurry a bill of this kind through, and I move part _of 1t) are compelled m_order to reach the capital of the present therefore to postpone its further consideration until.the first Monday Terntory to travel some eight to twelve hundred miles to come in December, which will leave it its place for consideration next win- over the railroad through Minnesota arid by way of Chicago or Du- ter, when we shall have more recent information about it. buq~e westward through Iowa, until they reach the capital of their Mr. ffiTCHCOCK. I trust that motion will not prevail. The bill Terntory. I~ se~IDB to m~ that the:e is a Tery good reason for tho has been pending upon the Calendar nn, Thurman, Wallace, and Whyte--19 "' ' commercial. relations are with Nebraska, Sioux City, and through ABSENT-Messrs. .Alcorn, Barnum, Booth,' Bruce Cameron of Pennsylvania, Iowa to Ch10ag~. Northern D~kota, ~hat portion which this bill pro- Cla~n1 Conover, Dennis, Dorsey, Goldthwaite, Gord~n, Ingalls, Johnston. Jones of, .rlonda, Logan, Morton, Norwood, Randolph, Robertson, Sharon and Wad- poses to create mto a new Terr1tory, IS settled for two hundred miles leigh-21. • along the Northern Pacific Railway and along the Red River of the So the bill was passed. North. Its commercial relations are with Dn Luth, Saint Paul, and J, E. PANKEY. Milwaukee. . The business relati~~ of the two portions of the Territ.ory are en- Mr. McCREERY. I move that the Senate proceed to the consid- tuely separate and distmct. The members of the Le!rislature ffom eration of-- the northern part of the Territory of Dakota are ofte{f compelled in Mr. BOGY. I wish to make a motion in connection with the sub- ~he winter to travel as far _east as ~hicago in order to reach the .cap- ject just before the Senate before the bill is disposed of. Ital. They have been pa1d for s1xteen hnndred miles mileage for Mr. .MoC~EER~. I want the bill taken up, and then the Senator that travel. So it is to reach the supreme court; so it is in enforcinO' can make his motion. I move to proceed to the consideration of the tb.e United St.ates laws; the expenses of the extra mileage for thi~ bill (H. R. No. 2894) for the relief of J. E. Pankey, of Fulton County Wide extent of travel will very nearly make up for the additional K~~~~ ' expense of the creation of the new Territory. I believe that a wise The motion was agreed to ; and the Senate, as in Committee of the policy and a just regard for the rights of the citizens of the United Whole, proceeded to consider the bill. It provides for the payment States who have gone there to make it their home demand that t'his to J. E. Pankey of. 1,020.12 for n:r:tused and uncanceled (tobacco) bill should be passed and passed at this session. revenue-stamps whwh have been returned to the Commissioner of I trust the Senator from Vermont will not press his motion, but Internal Revenue and are now on file in his office. that we may be allowed to vote on the bilL Mr. EDMUNDS. Let us hear the report read. The PRESIDENT pro tempore. The question is on the motion of The PRESIDENT pro tempore. There is no report. the Senator from Vermont to postpone the bill until the first Monday Mr. McCREERY. There is a report from the House committee with in December next. a letter of the Commissioner of Internal Revenue. The question. being put, there were on division-ayes 10, noes 16; Mr. EDMUNDS. What committee reported the bill f no quorum votmg. The PRESIDENT p1·o t.empore. The Committee on Finance. Mr. HITCHCOCK. I hope the Senator will withdraw the motion The Chief Clerk read the following report, submitted by Mr. JOHN and let the vote be taken on the passage of the bill. YOUNG BROWN from the Committee of Claims in the House of Rep- Mr. EDMUNDS. I made the motion because I thought it was right, resentatives on the 20th of May, 1876: . and if. I witbdr!"w it I should do '!hat I though_t was wrong. I do ~he qommittee of Claims, to whom was referred the bill (H.R.No. 2894) tor the not think the bill ought to be burned through WI1hout more timE\ to relief of J. E. Pankey, of ]!'ulton County, Kentucky report· The bill direct.a the payment to J. E. Pankey the s~ of ei,029.12 for unused and consider it. U?canceled {tobacco) revenue-stamps which have been returned to the Gommis- Mr. PAD DOCK. Let us have the yeas and nays. Sloner of Internal Revenue, and are now on file in his Office. The PRESIDENT pro tempore. There is a quorum present. The The letter of the Commissioner accompanying the bffi of date April 4, 1876 ad- dressed to the chairman of this committee, shows that the claimant returned' the yeas and nays are demanded. · above amldthwafte, Gi>rdon, BOUTWELL] from the special committee. It was laid over on account Johnston, Jones of Floqda, J o~es of Nevada, Morton. Norwood, Randolph, Robert- of the minority report not being quite ready, and it is now hung up son, Sharon, Sherman, W adle1gh, and Wbyte-25. between heaven and earth. Lask that it be read before the Senate So the motion was 'not agreed to. so aa to get it into the files in the regular way. 1876. CONGRESSIONAL RECORD-SENATE. 5275 . I Mr. BOGY. I thought I had the· floor. Expenditures : 1850 ......... -...... -. -- . . . $295, 933 48 1860 ............. ........ . $663,536 55 The PRESIDENT pro tempore. The Senator from Vermont asks 1851 ......... ·-- ----- ..... ~ 2-26,407 41 1861. ........... ·····- ... . 1, 824, 161 75 that the report made by the Senator from Massachusetts be laid be- 185~ ..... - ... -......... -. . . 802, 579 76 1862 .............. -~ ..... . 6, 819, 894 54 fore the Senate. 1853 .•••.. ....•.••.. - .. . • • . 229, 288 45 1863.••. ··•··•••·•·•·····• 2, 210, 794 23 > Mr. EDMUNDS. And the minority report. 1854 ••••..••••... ; •...•••.• 584,296 84 1864 ..•..•.•••...•.•..•••• 5, 446,"'732 06 1855 ·····- ....... ·-- .. . . . .. 311,578 19 1865. ···· •·•••••••·• ······ l. 4l0, 250 13 Mr. BOGY. I thought I had the floor. I desire to make a motion 1856 •• - - .••.••.•••.•..•• - • - 784, 896 79 1866 ...••.......•........• 1, 860, 809 89 in connection with the Pembina bill. The Senator from Kentucky 1857 .• -•. --- -•. --• -••... - • 1, 067, 086 57 1867 ••••• •...•.••••.•..••• 623,817 29 would not allow me at that time to go on. 1858 ....................... 614,659 00 1868.....•••••••.•••.••.•• 525,678 80 1859 ·-·--- ·--- ...•... ·····- '2'07, 015 00 1869 ...•••.••••••••..•••.• 463,219 71 Mr. EDMUNDS. Mr. President- Mr. BOGY. I desire to propose a change of the name of the Ter- 5, 623, 741 49 20, 208, 894 95 ~ ) ritory, and if I give the reasons I think the Senate will adopt the 5 623,741 49 \ change unanimously. Mr. EDMUNDS. I think this can be disposed of in a moment. Total expenditures for twenty years ...... ,. ......... .-....... 25,832,646 44 Mr. BOGY. I yielded to the Senator from Kentucky a. while ago. Now, take the republican administration for six years. Expenditures for- I move to reconsider the bill passed a few moments ago for the crea- 1870 ....................... $1,061,~49 90 1873 ..................... $953,030 00 tion of the Territory of Pembina. 1871 ....................... 1,319,62619 1874...................... 908,330 00 Mr. EDMUNDS. The Senator can enter the motion, but another 1872 ....................... 1,098,031 69 1875...................... 618,259 00 matter is now before the Senate. . 3, 4T8, 906 78 2, 479, 619 00 The PRESIDENT pro tempqre. The motion to reconsider will -be 3, 478, 906 78 entered. AFF.AIRS IN MISSISSIPPI. 5, 957, 525 78 Mr. EDMUNDS. I understand now that these reports are laid be- "Total expenditures for six years, $5,957,525. 78. " The twenty years of democratic adm.ini:stration show an unnual average of fore the Senate. $1,291,632.32. The six years of republican administration show an annual average The PRESIDENT pro tempore. They are. of 1000,920.96. Mr. EDMUNDS. Now I do not ask to have them read clear through " This may be claimed to be unfair, as it embraces four years of the war ; but, for if anybody does not want to have them read, but let them be ~nded the sake of fairness, let us strike out the four years of the war, or the amount ex- during those four years, 1861, 1862, 1e63, and 1864, and add in lieu ther~f printed in the RECORD, so that we can read them without reading the amount expended in 1860, $663,536.55, and we have an expenditure of $12,184,- them here, if that is agreeable to everybody. 019.06, or an annual average of $699,200 95, as a.,uainst $992,920.96. From this it The PRESIDENT pro tentpore. Is there objection to both reports would appear that the republican administration has been more expensive than the democratic administration; but there are several reasons for this : Before the war being printed in the RECORD f the taxes were paid ingold and silver, and everything much cheaper than since the Mr. BAYARD. Including the minority views f war; and in January, 1870, when the republicans came into power, State warrants Mr. ED~1UNDS. Certainly. were worth about sixty or si~-five cents on the dollar; the capitol and mansion The PRESIDENT pro tempore. The Chair hears no objection. It were dilapidated; the penitentiary and lunatic asylum were too small, and had to be extended and repaire~ and all the improvements cost nearly two prices, because is so ordered. payments were made in warrants at their reduced value. And the judiciary sys- The report of the committee is as follows: tem was rendered more expensive to the State by dispensing with the probate The special committee appointed under a resolution of the Senate adopted on the court, the expenses of which bad been formerly paid by the counties ; this juris- 31st of March last, and instructed to inquire how far the rights of the people of diction was gi>en to the chancery court-, and the nilmber of citizens bad more than Mississippi, guaranteed by the Constitution of tho United States, and secured espe- doubled, and all departments of State government rendered necessarily more ex- cially by the fifteenth amendment, were violat~d by force, frau~ or intimidation at pensive. And, again, the school system has been carried on at an erpense very the election held in that State on the2d of November, 1875, respectfully submit \o large, a.thin~ that'hau never existed before the war. The expenditures for school the Senate the testimony taken, with the conclusions of the co~mittee thereon. purposes in roe six years have been about $:120,000 per ann,um. Let us add a. few The testimony will fully support the allegation that force, fraud, and intimida- items which have been necessary since the war, and for which no expenditures tion were used generally and successfully in the political canvass of 1875. were ever made by the democracy, by way of annual averages, and it will be seen But before proceeding to a detailed statement of the facts, and conclusions sus· at a glance why it is that the expenditures have been lar~er than formerly: tained and warrant-ed oy the proof, the committee think it pro"J)CU' to refer to the For school purposes, (as above) ...•.......•............ . ................. 1320, 000 suggestions and excus~s offered in justification of the outrages committed. Probate-court business by the chancery court, (probates' salaries by the !tnas been alleged that Governor Ames was an unfit person to bold the office to counties,) (Code, 1857, p. 423) . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •• 36, 700 which be was elected in the year 18TJ; but, on the contrary, the committee find A.verage annual improvements on public buildings, about ...... . . . . . . . . . . 100, 000 from the evidence as well as from general report in Mississippi that Gi>vernor Ames County record, &c., furnished, (destroyed during tbe war, and exhauste~ was not only not amenable to any just charge affecting his personal int.egrity, his &c.).... ... . ... . ... ...... ........ .. ....... ...... ........•.. ........ ... 12,500 character as a public officer, or his ability for the duties of chief magistrate of that State, but that his fitness fu all these particulars was snstained by the testimony of Making au average per annum of ... ,.............................. 469,200 thoae who were not in accord with him politically. The committee refer especially to the testimony of Hon. J. A.. P. Campbell, appointed by the existing government "Taking this from the avera~e, $992,920.96, leaves $523,720.96. These were neces- one of the judges of the supreme court of the State of Mississippi · sary expenses, never incurred oy a democratic administration. The onlv common- The evidence submitted tends strongly to show, what cannot be denied, that there school system in the State before the war seemed to be a well-organize([ system to were many persons in office in the Staoo of Mississippi, especially in elective offices, squander the school fund of the State as rapidly as the same was donated to the in the several counties, who were either incapable or dishonest ; and there were State by, the Government, as the history of the fund will show. Take these items a few of the same character connected with the State government. The conduct from the annual expenditures of the SIX years of republican administration, and of these persons, however, was not approved by the governor nor by the masses of the avera~e is reduce~ per ye~r. to $.'i~, 720.96; thus showin~ the average annual the republican party. expense or the republican admmiStration to be, on the old baslS of State expenses, Complaints and char~es against a. class. of persons.called "carpet-baggers '1 are actually $75,480 less than the a>emge expenses under the democratic rule of twenty frequent in the depositions of witnesses opposed to the republican party in the years, 'vith less than one-half of the citizens to be governed, and at a. time when State. It is to be admitted that a small number of the immigrants from other States expenditures everywhere were largely in advance of former years. Many other misused the confidence of the black peopleJ secured office, and b~trayed the trusts items of extraordfuary expenses have been incurred since January, 1870, not in· confided to them. Bnt the number of sucn persons, compared to the whole num- eluded in these statements. ber of immigrants, was very small; and it is but just to say that the great majori~ "This, I think, shows a fair statement of the expenditures for• the last twenty. are intelliuent, upright, and brave men from the North, wlio are t'ntirely incorrupti- six years, twenty years of democratic rule and six years of republican rule. ble, and who1 in peril of their lives, are now struggling against senous odds to "The ta:r:es·have been increased and decreased for the various State p~ses, maintain thell' political opinions and to secure a iust a.dmini.stration of the govern- for the six years alluded to, as follows: 1870, 5 mills on the dollar; in 1871 1t was ment. 4 mills; in 1872, 8! mills; in 1873 it was 12! milla; in 1874 it was 14 mills; in 1875 It is alleged that during the last six or eight years the expenses of the State have it was 9!. In the last three years there was a school tax as follows: 1873 and 1874 a been unnecessarily increased ~d that heavy taxes have been imposed for which no school tax of 4 Diills, and for 1875, 2 mills. This is included in the above estimat~. adequate return has been received by the people. Comparisons at·emade betwe~n ana the counties were restricted in their levies for county purposes as follows: the rate of taxation previous to the war and since the year 1870, and the conclusion By act of 1872 the counties were prohibit~d from levyillg a tax which, with the 16 drawn that large sums of money are extorted from the people and wasted, or State _and school tax added, shall not exceed !5 mills on the dollar, and in 1875 they through negligence and extravagance misapplied. were restricted to 20 milla on the dollar. t It is undoubtedly true that taXes are higher in the State of Miesissippi than they "It seems that the real complaint of the people of the State, as to the burden of were previous to 1860 ; but the rate of increase is far less than in some of the north- taxation, grows out of the fact that the taxable property of the State is, in the ern States, where no serious complaints are made against the administration of main, unproductive; and to evade the tax the tax-payers, ~ving their property publio affairs. to the a-ssessor, place it far below its actual value, and contfuue year after year to It is to be observed also that previous to the war taxes were not levied for the reduce the ta.x able values of the property." support of schools in Mississippi; indeed, there wa-s no system of public instruc- The statements made by Hon. G. E. Harris, attorney-general, Captain H. T. tion ; and that sinc.e the war school-houses have been erected in all parts of the Fisher, and Mr. E. Barksdale are referred to as presenting both sides of the case, State for the education of the children of both races, and large sums of money and furnishing the best means at the command of the committee for a just judg- have been expended annually for the maintenance of schools," including schools for ment. training teachers. The testimony taken tends to show that those who participated in the means by It is also true that previous to the war the taxes were imposed upon slaves and which the election of 1875 was carried by the democratic party rely, for justifica- t upon busine.. Indeed their object was mm-e fully attained by public other counties, causing the loss of many lives and compelling many persons to flee declarations of their orgamzation in connection with the intention, everywhere ex- from their homes; and · · pressed, that it was their purpose to carry the election at all hazards. Whereas such action has already caused great injury to the interests of the peo- In many places these organizations possessed one or more pieces of artillery. ple and, if persisted in, will result in incalcUlable evil: These pieces of artillery were carried over the counties and discharged upon the Now, therefore, I, Adelbert Ames governor of the. State of Mississippi,_ do here~y roads in the neighborhood of republican meetings and at meetings held by the make proclamation and command all persons belongmg to such organiZations to dis- democrats. For many weeks before the election members of this fuilitary organ- band forthwith· and I hereby require all citizens to render obedience to and assist ization traversed the various connties1 mena(ling the voters and discharging their the peace office'rs of the various counties in the preservation of peace and order guns by night as well as by day. This statement is sustained by the testimony of and the enforcement of the laws of the State. Captain W. A. Montgomery, Captain E. 0. Sykes, J.D. Vertner. leading democmts In testimony whereof I have hereunto set my hand and caused the· great seal of in their respective counties, as well as by the testimony of a large number of trust- the State of Mississippi to be affixed, this the 7th day of September, A. D. 1875. worthy republicans. [L. s.l . ADELBERT AMES. (4.) It appears from the testimony that, for some time previous to the election, By the governor: it was impossible, in a larBe number of the counties, to hold republican meetings. J'AMES liiLL, Secretary of Stti.U. In the republican counties of Warren, Hinds, Lowndes, Monroe, Copiah, and Holmes meetings of the republicans were disturbed or broken up, and all attempts Some of the officers selected by him were native-hom white citizens who had to engago in public discussion were abandoned by the republicans many weeks be- served in the late war on the side of the confederates, and he solicited and accepted fore the election. recruits from the white as well as .f rom the black population. (See testimony of (5.) The riots at Vicksburgh on the 5th of July and at Clinton on the 4th of Sep- General Hurst, page 87.) . . . . tember were the results of a special purpose on the part of the democrats to break This effort on the part of the governor, It Is now claimed, was the occasiOn up the meetings of the republicans, to destroy the leaders, and toin~ugurate an era seized by the democrats for 0111:anizing and arming themselves, ostensibly to resist of terror, not only in those counties, but throughout the State, which would deter the black militia; but, in fact, such organization bad been effected previously, as republicans, and particularly the negroes, from organizing or attending meetings1 is shown by the testimony concerning the Clinton riot, and in the end it became the and especially deter them from the free exercise of the right to vote on the day ot means b:y which the colored inhabitants and the white republicans of the State were the election. The results sought for were ina large degree attained. overawe~ intimidated, and deprived of their rights as citizens. (See testimony of (6.) Following the riot at Clinton, the country for the next two days was scoured Ron. H. ;:;wann1 paBes 307, 308; W. A. Montgomery, page 546; and oth61'8.) by detachments from these democratic military organizations over a circuit of These or~tions were the instruments also by which numerous murders many miles, and a large number of unoffending persons were killed. The number were committed upon persons who were then active, or who had been active, in the has never been ascertained correctly, but it may be estimated fairly as between republican party. thirty and fifty. By the terms of the peace conference entered into by General J. Z. Goorge, the Aillong the innocent victims of those days of horror and crime-was Mr. William chamnan of the democratic State committee, and Governor Ames. on the 13th of P. Raffa, a white man, a teacher by profession, a justice of the peace by the choice October, 1875, the attempt to organize the militia was abandoned, General George of his fellow-citizens, and a candidat-e for re-election upon the republican ticket. on his part agreeine; to secure a peaceful election and the full and free enjoyment He was a resident of Philadelphia with his family until the year 1870, when he em- of the elective franchise by every citizen. The stipulation on the part of the igrated to Mississi'{lpi for the purpose of planting. The story of his assassination governor was faithfully kept, but the promise made by General Goorge was system- as related by his wife is here given in full: atically disregarded by the democrats in the larger portion of the Stat-e. The outrages perpetrated by the white people in the canvass and on the day of • AS8.A88INATION OF MR. RAFFA. election :find no justification whatever in the acts or the policy of Governor Ames WASHINGTON, D. C., July 7, 1876. concerning the State militia. Mrs. ALzlNA F. HAPFA sworn and examined. The effort on his part to organize the militia for the preservation of the public PERSOHAL STATEMENT. peace seems to lthe committee to have been not only lawful but proper, and the By the CHA.IRllAN: course of the democrats in organizing andarmingthemselves to resist the governor in his efforts to preserve the public peace was unlawful, and the yroceedings should Question. Have you lived in Mississippi; and, if so, how long 7 have been suppressed by the State authorities if possible, and, m case of failure on Answer. Yesj sir; it will be seven years next February sincel: went there. their part, by the Government of the United States. Q. Where din you live before that t The constitution of the State provides that the militia shall consist of the abl&- A. In Philadelphia, my native place. bodied male citizens between the age of eighteen years and the age of forty-five Q. What was your husband's name¥ years, and the Legislature provided for its orgamzation by an act passed at it8 A.. William P. Raffa. first session in the year 1870. It was the duty of the governor to use the militia Q. Did you go to Mississippi with him ~ for the suppression of such riots as those of Vicksburgh and Clinton, and this with- .A.. Yes, sir. out regard to the question whether the white or the black race was most respon- Q. He is not living now 7 sible therefor. A. No, sir. . In the OJ.>inion of the committee the :riot at Clinton was in harmony with the Q. Will you state to the committee the time when he died and the circumstances policy preVIously adopted by democrats in that vicinity, and designed to intimi- of liis death 9 date and paralyze the republican party. The testimony shows thattne riot was in- .A. Do you desire me to state anything llrevious to that 7 augurated by a body of eight ortenyoungmenfromRaymond, who acted, a.l'parently, Q. You can state just what took place m Mississippi that yon think important. under the advice of the Raymond Gazette, a democratic newspaper, edited by G. A. We were there about two months and a half or three months- W. Harper, an aged andhighly:respeci;ed man, according to the testimony of Frank Q. When did yon go there 7 Johnston, W. A. Montgomery, (page 559,) and others. A. In February. Theriotoccurred September 4, and the Raymond Gazette, as early as June or July, Q. What year¥ gave this advice: A.-" Eighteen hundred and seventy; seven years next February. Mr. Ha:ffa went "There are those who think that the leaders of the radical party have carried there for the purpose of raising cotton and corn.. this system of fraud and falsehood just f~ enough in Hinds County, and that the Q. Where did you live¥ time has come when it should be stopped-peaceably if -possible, forcibly if neces- A. In Hinds County, third district. sary. And to this end it is proposed that whenever a rachcal pow-wow is t.o be held, VISITED TO DEFINE HIS POLITICS. the nearest anti-lladi.cal club a_vpoint a committee of ten discreet, intelligent, and Q. Nearwhattown¥ reputable citizens, fully identified with the interests of the neighborhood and well .A. I cannot tell you how many miles from Vicksburgh, I don't remember; but known as men of veracity, to attend as representatives of the tax-pay61'8 of the neigh- we lived within a few miles of Auburn, .Mississippi; I think it was two or three borhood and county, and true friends of the negroes assembled, and that whenever miles. After we ha.d been living there about three months we were waited. upon the radical speakers proceed to mislead the negroes, and open with falsehoods, and by the owners of the land, and they asked Mr. Raffa whether he was a friend to the deceptions, and misrepresentations, the committ-ee stop them right then and there, white people or to the nigger, using a profane word. They called him outside and and compel them to tell the truth or quit the stand." I followed him and stood at the door and heard what they said. Nor do these outrages find any excuse in the Statement made repeatedly by wit- Q. Do you know who these people were 7 nesses, that the negroes were organizing or threatened or contemplated organizing A. Frank and Williani Busli. the owners of the land. Williani Bush waa not an themselves into military bands for the destruction of the white race. The evidence owner, but Frank was. William Bush was the agent for his wife and did all the shows conclusively that there were not only no such organizations, but that the business connected with the estate, which belonged to his wife. Her name was negroes were not armed generally; that thof:\e who had arms were furnished with Mollie Bush. inferior and second-hand weapons, and that their leaders, both religious and polit- Mr. Raffa said he was a friend to any one, be he black or white, that was de- ical, had discountenanced a resort to force. Many rumors were current among the serving of his friendship. They then said to him, "We understand that Y.OU are a whites that the negroes were arming and massing in large bodies, but in all cases friend of the nigger," using profane language ; and they made some other remarks, these rumors had no basis. I don't remember what; but t.hey went away, and a short time after that they came In a sentence, it may be asserted that all the statements made that there was any ba{}k and inquired for him. He was not in; he was out in the field. They went justifiable cause for the recent proceedings in Mississippi are without foundation. out there where he was, and my little bov, who was out there, said that they used On the other hand, it is to be said, speaking generally, that a controlling part some insulting language toward Mr. Raffa, and that they threatened him. He came and, as we think, a majority, of the white democratic voters of the State were in very much excited from the field and said' to me, "Mamma, I am afraid there will enga.ged in a systematic effort to carry the election, and this with a purpose to-resort be difficulty here." to ill means within their power, including on the part of some of them the murder ELECTED JUSTICE OF TH.B PEACE. of prominent persons in the republican party, both black and white. Then the colored people nominated him for squire-magistrate-and he received There was a minority, how larae the committee are unable to say, who were O{)- his appoint.mc-..nt from Clovernor Alcorn, who was then governor of Mississippi. poled to the outrages which b~ t'bis report are proved to have taken place. This That raised the indignation of the white people. They declared no northern man minority, however, is for the trme overawed and as powerless to resist the course should come doWn. there and rule them. So they sent up a number of petitions to of events as are the members of the republican party. Under more favorable cir- have him removed. Governor Alcorn. said there was nothing against him that be cumstances t:key may be able to co-operate with the friends of order and redeem could find out, and unless there was something else against him than his birth he the State from the control of the revolutionary element. could not do anything, as ~ong as it was the desire of the majority of the people, (I.) The committee find that the young men of the State, especially those who who are colored' people. . reached manhood during the war or who nave arrived at that condition since the So then he fultilled his office for two years, and the first election came on and war, constitute the nucleus and the main force of the dangerous element. he was renominated for the same po ition, and he was elected by the people at that As far as the testimony taken by the committee throws any light upon the sub- time. Then he had occasion to have some business with these people, the Bushes. ~ect it tends, however, to establish the fact that the democratic or~anizations, both m the counties and in the State, encouraged the young men in therr course, accept- .MR. RAFFA LASHED. ed the political advantages of their conduct, and are in a large uegree responsible Q. Was it private or public business 1 for the criminal result.!'. A. I have forgotten now; I cannot Bay. They came to the house one Sat- 1876. CONGRESSIONAL RECORD-SENAT~. 5277 urday afternoon; I don't know what time it was, but anyhow they got the col- ple; and he came hack and they said to him, "Squire, don't you feel afraid of your ored people all to leave the premises except one, an old colured woman; she could life 1 Don't you feel timid 1" He said, "No, I am not timio xou want to know anything about the other men that were assasRinated the them, "Vote for McKee; vote the republican ticket straight through; don't allow same day! anything to influence you against voting that ticket." They had implicit confi- ASSASSINATION OF A FATREB Ah'D SON. dence in me from tile fact of my being there so long; and they always consulted me in every respect during Mr. Baffa's absence. Q. If yon know any others you may specify them. You have not yet given the I taught'da~-school and night-school up to the da.y of Mr. Haffa.'s murder. He date of the night when this took place 9 came back, I don't remember exactly what time, but I think it was in May..,..April A. This was the 6th of September, 1875. Well, after Mr. Raffa. was gone, the or May, somewhere. colored people, who were very friendly toward us, all the colored people, they were MR. RAFFA TEACHES SCHOOL. there, and they said, " Well, I would like to see any one come to my house and Q. How long ago was it 1 kill me in as brutal a manner as they did the squire. We have lost our best A. I think It was three years ago last May, if my memory serves me right. friend." The names of the poople who said this were Stevens; and his wife said, The colored people waited on him and asked lrim if he would t.ake their schoo1 to "I must §O home.'' He says to her, "Yes, you better go home, for I will be the teach, about seven miles from there. He said he did not know whether he would next one. Mr. Whitehead said, "Dolph "-his name was Adolph-" you better or not. They asked him if he would take an office at the next election. Said they, be careful how you talk, or the men will be after;ou." So about 11 o'clock these "We are determined to have you somewhere, because we are afraid we are going to men came book to see if Mr. Raffa. was gone, an they were looking like hungry lose you. We are very much afraid of that, and you have got to remain here with wolves; the most fiendish-looking men I ever saw. They said, "Any colored peo· ·us." ple secreted about your premises here'" San. I," No, sir.'' There was nobody He always consulted me in every question; said he, " Mamma, what would you m the house then but my children and Mr. Hafia. I said, " There is nobody here, advise me to do ~~~ Said I, "Do jus~ as you think best. If you think it will be re- but r,ou are privileged to come in and examine the premises, and look up the chim- munerative, perhaps you had better take the school." He said he would give them ney. ' Two of them alighted, and came in and looked around, and they said that an answer. So they came a~ain, and he finally determined to take the school, and was all they wanted to know. he taught the school up to tne time he was assassinated. They went over to these colored people's houses, and took the Stevenses, father and son, out, and stood them on a stump and shot them, and killed them instantly. WARNED OF IMPENDING DANGER. Q. Did yon know these people who came to your house the last time ¥ The school closed on Friday, and the public school was opened the following A. No, sir; I could not know them. Monday and on Monday, the 6th of September-Ihave forgotten whether it was Q. Were they disguised in any way 9 between two and three or three and four o'clock in the morning-but my affidavit A. No, sir ; not tlie last time, they were not ; the first time they were disguised. that I made out in Jackson has the precise time, but I have forgotten now. There They did not give them any warning, any more than they did Mr. Ha.ffa., when was a number of colored people waited on Mr. Ha~a on the Sunday before. He at- they came in tlie :house and took them out. · . tended their Sunday-school, and always preached there Sunday for the colored peo- They said tbes had a large day's work on hand, and that they had to commence 5278 CONGRESSIONAL RECORD-SENATE. AUGUST_ 8, t early; and during that day they perpetrated a number of murders. They were two doors in the house. They had pistols pointed under the bous , and I told them after Senator Calawell, but I don't know whether they got him at that time or that nobody was under but the children. Then they came into thohou e, lmtcould not; I never found out. not find Square, and they went out right where he was, and snatched off the weather- THE WIDOW ORDERED TO LEAVE. boards, only one in the room, and the other went out~ide the door and snatched the Mr. Whitehead then gave me ten days' notice to leave; and so the colored people weather-board and turned back the bed, and made him come out, and called him a harbored me. I could not get away from there, as no one came in and out of the damned son of a bitch, and said he must come with them. Mr. Quick sa.ys, " I told you this; if you had listened to me you would not han come to tills, " anil they depot, for they were afraid to go there. told him to put his shoes on and I got them and said I will put them on ; and I Mr. Raffa was buried in a rude box, and just the colored people and my son had to put them on and could not tie them very well; and some one said, "Let the went along. He was just wrapped up in a sheet; thoy would not allow it in any God damned shoes be ; he don't need any shoes." I put my brother's coat on him, other way. and they carried him before them. Mr. Whitehead said that I must leave, that we were looked upon as spies here. Q. On the horse 9 The colored people harbored me until I got a. conveyance to take me to the depot. A. No, sir; he walked before them away toward Raymond. Finally, there was a man, an intimate friend of .Mr. Raffa's, came out with three Q. Now what happened 7 • pistols belted around him, and said he would take us in. A. N othlng else. THE COLORED PEOPLE DISARMED. ''THEY KILLED HIM." They disarmed all the colored people through the country: there, took their arms Q. What became of your husband 9 from them, and would not allow them to have any ; ·&nd before !left for the depot A. They killed him. I never did find him for a week, until the next Saturday. they made the colored people break up their clubs, and every one of them joined Q. Where did you find him 9 the democratic clubs; they compelled them to do so or their lif~, one or the other. A. Near about a mile and a half to the last bridge to Raymond, in the swamp. They were given ribbons, and I could see them marching along to the democratic Q. Who found him? clubs at Auburn and Utica.; they went to and fro. A. A colored man who was running off, keeping out of the way of the rebs, too, CAPTAIN MONTGOMERY GIVES HELP. anti he come across the body, and went and got a spade, and dug a hole and put a We went to the depot, and there they sent for Captain Montgomery. I had no blaze on the trees all the way out, and then we got the news ; and Mr. Quick he money, and I waa obliged to leave everything; I had not even a. change of cloth- took and made a box: for us, and he loaned us a wagon, and we went after liim that ing; and Captain Montgomery raised me a. purse of between thirty and forty dol- Saturday. · lars, and I went to Jackson. I had to make some purchases there for the children; THE BODY :B'OUND. and after I got there I was taken into Mr. Wolf's house, the superintendent of ed- Q. You found his bOdy 9 ucation, and his family received me very kindly. He was an intimate friend of A. The buzzards had eat the entrails; but from the body down here (indicating] Mr. Haifa's, and he said he would do all lie could for me; but he could not have me it was as natura.l as ever. IDs shoes were tied just as I bad tied them. The slnill there at his house at all, because his life would be in jeopardy; but said that bone waa ou the outside of the grave, and this arm was out slightly and the other he would call on the governor, and that he would send his officials around to take was off. Some we didn't find. We picked up the rings of the backbone. We got my affidavit, and he would secrete me at the hotel and pay my board while I was the pocket-book, and there was the hat hanging up, and this ring was put on the there. This is the document that he drew up, (exhibiting paper.] tree and the black one WB:S o~ the ground; tliis one. . . And he went around among the republican members of the government, and he was chaj:Qined at the republicans not doing more than they did. Governor Ames By Mr. BAYARD: • donated e5 and gave me a ticket half way to Cincinnati; and after I arrived at Cin- Q. Did you ever take an oath before! cinnati with my three children I had to beg my way on to Phila.delphil\. I was only .A. No, air. a few hours at Mr. Wolfs house, and then was taken to the hotel there. Q. Do you know the meaning of taking an oath 9 Q. How many children have you 7 A.. No, sir. A. I have two; I have lost my baby. Q. Do you know what the consequences are of .swearing falsely 7 Q. What is your age 7 A. No, sir. A. Thirty·e1ght. ASB.ASSINATION OF SENATOR CALDWELL. The stor_y of the murder of SQuare Hodge, a colored man, Sunday morning, Sep- An equally horrid crime was the murder of Senator Caldwell and his brother at tember 5, lB thus told by his wife: Clinto~.Christmas night. A history of the events of that evening is given by M-x;. ASSAB81NATION Oil' SQUARB HODGE. Caldwell, which we here quote in her own words. JACKSON, MississiPPI, June 19, 1876. Mrs. MA.nGA..RET ANN CALDWELL (colored) sworn and examined. ANN HODGE (colored) sworn and examined. By the CHAIRMAN : By the CHA.IlUUN: Question. What is your nJI,Dle 9 PERSONAL STATBKENT. Answer. Margaret Ann Caldwell. Question. How old areyou 1 Q. Where do you live 9 Answer. Eighteen years old. A. In Clinton, Hinds County. Q. Have you been married 7 Q. Was Mr. Caldwell, formerly senator, your husband I A. Yes, sir. A.. Yes, sir. Q. What is xour husband's name f Q. What was his first name I A. Square Hodge. L Charles. Q. Where do you live now I Q. When did he die 7 A. Eight miles below :Q.aymond. A. Thursday night, in the Christmas. Him and his brother was killed. Q. Do you know anything about. the Clinton xiot last September f Q. You may state to the committee what you know of his death. A.. I was not there. l know my husband came home; he was there. A.. I know when he left the house on the Thursday evening, in the Christmas, Q. What day of the week was that 9 between dark and sundown. In the beginning of the day he was out on his fox- A. On Saturday. The riot was on Saturday. chase all day. The first commencement was an insult paased on his nephew, and Q. Did your husband come home to your place? he came out home. A. Yes, sir; he came home Saturday night, in the night. STORY OF HIS .ASSASSINATION. Q. Was he burtt Q. Who was that! A. He was shot in the arm. A.. David Washington; he is in WaahingtonCitynow. He is therein business; Q. Could he use his arm I watchman in the Treasury Department now; has oeen ever since October, I think. A.. N o1 sir; he could not use it all. He had it in a. sling. So they picked a fuss; Wa.d!)k~ce in George Washington's blacksmith shop in Q. Dia he tell you how he got hurt I Clinton. They commenced · g this way : I think David asked. 11 How many A. Only that he got shot. That is all he told me. did he k:i.ll on the day of the Moses Hill riot; who did he shoot 9" David said that he Q. J)id he stay at home that night 7 did not know as he 11hot anybody; said he didn't know that he shot anybody. They A. Yes, sir. told him, he said, "he came there to kill the white people, and if he did, to do his WHITE PEOPLE CAMB :B'OR HDL work in the day, and not to be seeking their lives at night." David came immediately Q. On Sunday morning what happened 7 • book to my house. IDs uncle was at the fox-chaae. I said, 11 Don't go out any more. A. The white people came there after him in the morning. Probably they are trying to get up a fuss here." ' Q. Who were they 7 • IDs uncle sent him down for somet.hing. He staid in the bouse until he came. A. Henrv Quick, Willy Locke, Bryan McDonald, John McDonald, George Allen, That was about four o'clock in the avenin$, and some one had told about the John MeN err, and Allen Grafton came. · fuss picked with his nephew, and he walked aown town to see about it, I suppose. He was down town a half hour, and came back and eat his dinner, and just be- Q. Any more ~ · A. No~ sir; I did not know any more. Two or three, I didn't know them. tween dark and sundown he goes back down town again. He went down town Q. Dia they have horses or come on foot 7 knocking about down there. I do not know what he was doing down there, until A.. All ridfug. just nearly dusk, and a man, Madison Bell, a colored man, came and says, "Mrs. Q. On horses 7 Caldwell, you had bett-er go down and see about Mr. Caldwell, I think the white A. Yes, sir. · · folks will kill him ; they are getting their guns and pistols, and you had better go Q. Did they have any gun.a 9 and get your husband away from town." A. Yes, sir ; guns and pistols. I did not go myself ; I did not want to go myself. but went to Professor Bell and Q. They <;ame to your house 7 said would lie go and get him. Mr. Bell went, and he never came back at o.Jluntil A.. Yes, a1r. · he came back under arrest. Q. Who was in the house besides yourself I I was at my ·room until just nearly dark. A. Me and my brother there and another brother. The moon was quite ;young, and the chapel bell rang. Q. Who is heY We live right by it. I knew the minute the bell tolled what it all meant. A. John Jones. And the young men that lived right across the street, when the bell t~lled the.y Q. Who else 7 · • rushed right out; they went through the door and some slid down the window and A. My other brother, Lewis, and brother William, and my mother and little over they sprang; some went over the fence. They all ran to the chapel and got children. their guns. There was one hundred and fifty guns there to my own knowing; had Q. How many children! been there since the riot, at the Baptist chapel .They all got their guns. A. Five of them. I went down town, and then all got ahead everywhere I went; and some of them Q. Have you any childre11 yolllielf 7 wanted to know who I was, but I llld my face as well as I could. I just said A. Yea, air; ! have two. "woman," and did not tell who I was. Q. Did these men come in the house 7 As·I got to town I went to go into Mr. Chilton's store aml every store was closed .A. Allen Gmfton and John McNair came in. The rest staid around the house. just that quick, for it was early, about six o'clock. All the other stores were closed . Chilton's WMlit up b.v a big chandelier, and as I went over the lumber-yard I saw THEY Fnm HODGE. a. dead man. I stumb1ed over him, and Tlooked at him, but I did not know who it Q. What was done 'I was, and I went into Chilton's, and. as I putmyfoot up on the store steps, standing A. They made my brother come out from under the bed-my brother John-and as close may be a. few feet, (everything was en~ged in it that day;) _there was J ucl~e asked where Square was, and said, "Is he in the room 1" and I did not tell, and Cabinis, who was a particnla.rfriend of my husoand; a. particular niend to him. He s3old I did not know~ at first. Then he asked if they had been at the Clinton riot, was standing in the center with a. gun with a. bl11e strap, in the center of tll.e jam; and I said that I dia. not know. T"!len he said, "If you don't tell, I will shoot your and as I went to go in they cussed me and threatened to hurt me and " make it God dn.mned brains out." They made him come -out from under the bed, and damned hot for me," and the judge among the balance; but he said be dilln't know started to shoot under the house-mother put the children under the house ; she me afterward. And they all stood; nobody would let me go in; they all stood there was scared and put the children under the house, and they gone around. There is with their guns. · 1876. CONGRESSIONAL RECORD-SEN.A'fE. 5279 I know there was two dead men there, but I did not think it was my husband at They said Aaron Page was shot during the fuss. thetime: · In the league that waa held here in that town, that day my husband was buried, I stood right there, and as I stood they said to me, "If you don't go away they they all said that he did not shoot him. They said that Aaron Page was shot acci- would make it very damned hot for me;" and I did not say anything, and walked dentally; that my husband did not kill him. All started up. from picking a fuss of( and walked right over the dead man. He wa.s right in my path where I found with his nephew. . the body. He was lying broadside on the street. I dicl not know who be was. I As for any other cause I never knew; but only they intended to kill him because then stooped and tried to see who he was, and they were cursing at me to get out for carrying the militia to Edwards's; for obeying Governor Ames; and that was of the town-t{) get out. • all they had again At him. Then I wAnt up, and there was Mrs. Bates across the street, my next-door neigh· ~ M:ODOCS AFTER THE CLINTON RIOT. bor. I seed her little ~irl come up by us and she said, "Aunt Ann, did lou see my uncle beret" I sa1d, "I did not. I saw a dead body on the street; I di not see At the same time, when they had the Moss Hill riot, the day of the dinner in who he wa.s." She said, "What in the world is goini on down town!" Says I, "I September, when they came over that day, they telegraphed for the Vicksburgh don't know, only killing veople there." She says, " a.rou Bates's band is shot all "Modocs" to come out, and they came out at dark, and when they did come, t{) pieces, and Dr. Bangs 1s killed." !Ie was not killed, but wa.s shot in the leg ; about fifty came out to my house that night; and theY. were breaking the locks uobocly killed but my liusbaud. and brother. open on doors and trunks; whenever they would find 1t closed they would break .I went on over to the bonae, and went up-stairs and back t{) my room and laid the locks. And they taken from the house what guns they could find, and plun- down a widow. · dered and robbed the house. The captain of the Vicksburgh "Modocs," his name After I had been home I reckon three-quarters of an hour, nearly an hour, Par- is Tinney. son Nelson came up-Preacher Nelson-and be called me. I was away up-stairs. Q. What day was that I He called. several times, and I beard hinl call each time. He called three or four A. The day of tbe Moses Hill riot, in September. times, and says, "Answer; don't be afraid; Iiobodywillburt yon." Resays, "Don't THREATS AGAINST .HR. CALDWELL A.Fl'ER 'fHE CIDTQN RIOT. be afraid; answer me·" and after I bad made up my mind, I answered him what Q. When ; the Clinton riot I be wanted; and be said, "I ha.ve come to tell you the news~ and it is sad news to you. A. The 4th day of. September. They came out, and Tinney staid there, and at Nobody told me to come, but I comeuptotell you." I dian'tsayanything. ''Your daybreak they commenced to go, and he, among others, told me to tell my husband husband is dead," be said: "be is killed, and your brother, too, Sam." that the Clinton people ·sent for him to killlrlm, and he named them who they I never said anything fo:r a good w bile. He told me nobody would hurt me thenj· were to kill-all the leaders especially, and he says, "Tell him when I saw hinl "- ood when I did speak, says I, "Mr. ~elson, why did they kill him 1" He says," he waa gone that night; he fled to Jackson that evening with all the rest-" we are don'tknow an;ything about it." He said just those words: "I don't know anything going to kill hinl if 1t is two years, or one year, or six; no difference; we are going about it." Resays, after that," Haveyouanymenfolksa.bonttheplace!" lsays, to kill him anyhow. We have orders to kill him, anrl we are going to do it, because •· No." He says, "Yon shan't be hurt; don't be afraid of ns; you shan't be hurt." he belongs to this republican party, and sticks up for these negroes." Says he, I never said anything whatever. He went off. "We arc going to have the Sout.h back in our own charge, and no man that sticks Sam's wife was there at the same time with three little children. Of course it by the republican party, and any man that sticks by the republican party, and is a raised greatexcitemeut. leader, he has got to die." He toid me that; and that ·• the southern people are going After a. leugtb of time, Professor Hillman, of the institute, the young ladiea' to have tho South back to ourselves, and no damned northern people and no repnb- school-or college, he brought the OOdies to the house; brought np my husband, him lican/artyi .and if your husband don't join us he has got to die. Tell him I said and Frank Martin. Professor Hillman and Mr. Nelson bad charge of the dead so." tofd nim what he said. I did not know Tinney at the time; and when I saw bodies, and ,they brought them to the house; and when they brought them, they my husband enter I told hinl, and he knew hinl from what I said, and he saw him canied them in the bed-room, bot.h of them, and put them there; they seed to hav- afterward and told him what I said. He just said that be said it for devilment. in.,. them laid out, and fixed up and all that. They carried on there until th.e next mornin~?~e crowd after another. I had two 'M:';. Nelson said in my presence, I listened at him, he said~ "A braver life never wpunded men. I brought them off the Moses .l1iu battle-field, and these men treated had died than Charley Caldwell. He never saw a man dieu with a manlier spirit me very cruelly, and threatened to kill them, but they did not happen to kill them. in his life." . He told me he had bl"mght him out of the cellar. CLINTON RIOf. You see when they had shot Sam, his brother, it was him who was lying there Next morning, before sun-up, they went to a house where there was an old black on the street. They Shot him right through his head, off of his horse, when he was man, a feeble old man, named Bob Beasley, and they shot him all to pieces. And coming in from the country, and he fell on the street. He was the man I stumbled they went to Mr. Willis's and took out a man, named Gamaliel Brown, and Shot over twice. I did not know who he was. When they shot him, they said that they him all to pieces. It was early in the morning; and they goes out to Sam. Jack· shot him for fear he would go out of town and brini in other people and raise a son's, pres1dent of the club, and they shot him all to pieces. He hadn't even time fuss. He found out, I BU}lpose, that they had his brother in the cellar, so he just ~put on his clothes. And they went out to Alfred Hastings; .Alfred saw them lay there dead; be that was never known to shoot a. gun or pistol in his life-never coming. And this was before son-up. knew how. Q. This morning after the Clinton riot~ Mr. Nelson said that Buck Cabell carried him into the cella.r; persuaded him A. On the mormng of the 5th; and they shot Alfred Hasfulgs all to pieces, an. · to go out and drink; insisted upon his taking a. drink with him, and him and Buck other man named Ben. Jackson, and then they goes out and shoots one or two far. Cabell never knowed anything a,e:a.inst each other in his life; never had no bard ther up on the Madison road; I don't .know exootly; the name of one wa.s Lewis words. Myhusband told him no, he didn't want any Christmas. He said "You Russell. He was shot, &Dd Moses Hill. They were around that morning killing must take a drink with me," and entreated him, and said, "Youmusttakea drink." people before breakfast. I saw a young man from Vicks burgh that I knew, and He then took hinl by the arm and told him to drink for a Christmas treat; that he asked him what it all meant. must drink; and carried him into Cllilton's cellar, and they jingled the glasae~~; Q. Who was he~ and at the tap of the glasses, and while each one held the glass, while they were A. Dr. Hardesty's son; and I asked him what did it mean, their killing black taking the glasses, somebody shot right through the back from the outside of the people that dayt He says," You all had a big dinner yesterday and paraded ~te window, and he fell to the ground. · around with your drums and flags. That was impudencetothewhitepeople. You As they struck their ~lasaes, that was the signal to shoot. They had him in have no right 1p do it. You have got to leave these damned negroes; leave them the cellar a.ud shot him nght there, and he fell on the ground. and come on io our side. You have got to join the democratic party. We are go- When he was first shot he called for Judge Cabinis and called for Mr. Chilton; ing to kill all the negroes. The negro mell shall not live." And they don't live; I don't know who else. They were all around, and nobody went to his relief; all for every man they foimd they killed that morning and did not allow any one to t-hem men standing around with their guns. Nobody went to the cellar, and he escape them, so he said. So he told me all they intended t{) do about the colored C.'tllecl.for.Preacber Nelson, called for hinl, and Preacher Nelson said that when he people for having their dinut'r and parading there, and having their banners ; and went to the cellar-door he was afraid to go in, and called to him two or three times, mtended to kill the white republicans the same; didn't intend to leave any one "Don't shoot me;" and Cbades said "Come in," he wouldn't hurt him, and" take alive they could catch; and they did try to get hold of them, and went down on him out of the cellar; " that he wanted to die in the open air, and did not want to Monday morning to kill the school-teacher down there, Raffa, but he escaped. Jo die like a dog closed up. . . Stevens and his son, Albert Stev~ns, I believe, was his name-they just murdered When they taken him out he was in a manner dead, just from that one shot; them right on through. These people staid there at the store and plundered it, and and they bnngs him out then, and he only asked one question, so Parson Nelson talked that they intended to kill them until they got satisfaction for three white told me, to take him home and let him see his wife before he died: that he could people th.a t waa killed in that battle here. I can show who was the first white man not live long. that started the riot; and I can show you I have got his coat and pants, and I can It was only a few steps to mf house, and they would not do it, and some said this. show you how they shot him. They b'lamed all on my husband; and I asked what Nelson cai-ried him to the nnddle of the street, and the men all ha.llooed, "We they killed Sam for; asked Dr. Alexander. They said. they killed him because they will save him while we've p;ot him; dead men tell no tales:" Preacher Nelson told were afraid he would tell about killing his brother. They killed my husband for me so. That is what they all cried, ''We'll save him while we got him; dead men obeving Gove1cor Ames's orders, and they cannot find anything he did. He didn't tell no tales." do anything to be killed for. Then they have got his pistols there and they won't Whether he stood right there in the street while they riddled him with thirty ·or give tbem to me. I have asked I don't know how many times. forty of their loads, of course, I do not know, but they shot him all that many times The outrages were geueraUy confined to the republican counties where it was when· be was in a. mauner dead. All those balla went in him. necessary to overcome the republican majority by unlawful means; but in two or I understood that a young gentleman told that they shot him as he lay on the three counties, as Wilkinson and Issaquena, there was comparative peace at the . ground until they turned him over. H't) said so. I did not hear hinl. election and during the canvass. Mr. N elsou said when he asked them to let him see me they told him no, and he · Captain William A. Montgomery, a leading democrat and a commander of five then said, t.aking both sides of his coat and bringing them up this way so, he said, military companies, with the designation in rank of major of battalion, testified that "Remember when you kill me you lPll a gentleman and a brave man. Never say in some of the counties there wa.s no military organization; that in those counties yon killed a coward. I want yon to remember it when I am gone." the democrats did not try to carry the election. This appears to have been true of Nelson told me that, and he said he never begged them, and that he never told the two counties named; but since the election, namely, in December and Ma~, them, but to see how a brave man could die. · 1876, great ontra,ges attended with violence and murder, have been perpetrated., They can find no cause; but some said they killed him becaMe be carried the and evidently with the desi~ of overawing the colored voters and prepanng them militia to Edwards', and they meant to kill him for that. The time the guns were to submit to a dem()(}ratie v1ctory in the coming election. sent there he was captain under Governor Ames, and they said they killed hinl for The attention of the Senate is i:lireeted to the testimony concerning the events in that; for obeying Governor Ames. Issaqneua County, which took place in the month of December last. A Colonel After the oodies were brought to my house, ProfeiiBor Hillman and Martin all Ball, au officer in the confederate service during the war, who at ~e time of the staid until one o'clock, and then at one o'clock thetraincamefrom Vicksburgh with outrage was officiating as a clergyman, took command of a body of armed and the "Modocs." They all marched up t{) my house and went into where the two dead mounted men Sunday morning, December 5, and traversed the countr:v below Roll· bodies laid, and they cursed them, those dead bodies, there, and they danced and ing F~rk during the day : ann that night the men of his command too"k from their threw open the melOdeon,. and sung all their songs, and challenged the dead body to homes at least seven unoffeudiog negroes and shot them in cold blood. Within the get up and meet them, and they carried on tllere like a parcel of wild Indians over next two days five other leading negroes were 11ummoned to loolling Fork, and there those dead bodies,· these Vicksburgh Modocs. J nat one or two colored folks were compelled to sign a statement by which they became respousible for the good con. sitting up in the room, and they carried on all that in my presence, danced and sung uuct of all the negroes in their v{cinity, with the exception of fourteen, who, in fact, and done anything they could. Some said they even struck them; but I heard them by that stipulation, were made outlaws, and, as a consequence, fled from their curse and challenge them to get np and fight. The Vicksborgh Modocs done that homes and their families and abandoned their property. (This statement may be that night. Then they said they could not stay any longer. found in the testimony of W. D. Brown.) Reference is made to the testimony of Then the day after that Judge Cabinis asked me was t~re anythin~ he could do, W. D. Brown and William S. Farrish, both democrats and participators in the O(lt- and I told him, I said, "Jndge, you have already done too much for me. ' I told hinl rages, although they did not admit that they had personal knowledge of the killing he had mnrderecl my huaband and I didn't want any of his friendship. Those were of either of tlie seven men who were massacred on the night of the 5th of Decem· the words I to\d hinl the next day, and he swore he did not know me that time; but ber. I saw Judge Cabinis with this crowd that killed my husband. I saw him right in (7.) The committee find, especially from the testimony of Captain Montgomery, the midst, and then he made his excuse. He siJid be did everything he could for supported by numerous :faets stated by other witnesses, t~at the military organi- Charles, a.n8. that be was crazy. Well, they could not tell anything he had done. zation extended to most of the counties in the State where the republicans were in 5280 CONGltESSIONAt RECORD-SENATE. AUGUST 8, a majority; that it embraced a proportion not much leas than one-half of all the The party of Louisianians referred to were a company of outlaws, notorious in white voteFs, and that in the respective counties the men could be summoned by that diStrict, whom the democrats had invited to come into that precinct, and who signals given by firing cannons or anvils; and that probably in less thap. a week the fired at a crowd of colored citizens when the,Y were in line waiting to deposit their entire force of the State could be brought out nuder arms. votes. About seventy of them were thus driven into the woods. (8.) The committee find that in several of the counties the republican leaders Nor was this the only precinct at which armed invaders from adjoining States were so overawed and intimidated, both white and black, that they were compelled took conspicuous part in the election. It is testified to both by r epublicans and to withdraw from the canvass those who had been nominated, and to substitute democrats that they came over from Alabama and helped to swell the democra.tio others who were named bv the democratic leaders, and that finally they were com. vote in the coonties adjoinin~ that State. 1 petted to vote for the ticket so nominated under threats that their lives would be In Amite County the republican she~ the superintendent of education, and taken if they did not do it. Thiswa.s noticeably the case in Warren County, where other officers were driven into exile as soon as the polls were closed. Here the pre- the democratic nomination of one Flanigan for sheriff was ratified at the republi· text that the officers were obnoxious to the people, or that the negroes and northern can county convention, held in Vicksburgh. the members actin~ under threats that men monopolized the offices, is refuted by the facts that both ParK.er and Redmond, if it were not done they should not leave the building alive. Similar proceedings who were expelled, were offered the democratic nomination for sheriff; that the occurred in other counties. republican candidates for sheriff, circuit clerk, chancery clerk, treasurer, corone~ (9.) The committee find that the candidates, in some instances, were compelled, and three of the :five supervisors were white men, leaving only the assessor ana by persecution or thl'Ongb fear of bodily harm, tQ withdraw their names from the two suvervisors to be colored, which, M Mr. Parker remarks, " as four-fifths of the ticket, and even to unite themse!ves ostensibly with the democratic party. J. W. republican voters were black, was the best that we could do." There were only Caradine, a colored candidate of Clay County, was compelled to withdraw his name three northern men on the republican ticket, and two of them had married southern from the republican ticket and to make speeches in behalf of the democratic can- women; all the other& were natives of the State. didates and policy. An extract from his testimony is herewith given, as follows: (13.) The evio denied representation in Congress. iu~ of confitlcnce that it will fully snst!Wl all that I ha•e stated r elating to fraud 3. Tho constitutional guarantee of a republican form of government to every and violence iu the State of Missis ippi. State will require tho United Sta.t.es! if theso cfisordcrs increase or even con.tinl?-e, "U.S. GRANT." nml all milder measures shall prove meffectual, to remand the State to a. terr1tomtl In his letter of the 26th of July to Governor Chamberla-in he h:~.rl sta,t cd: couditifJn, and through a system of pnbllc e!lncation ::mel kindre!l means of improve- "Mississippi is goyerned to-day by officials chosen throng~ n:a?-t~ and Yiolou'?e, ment chauga tho ideas of the inhabitants and reconstruct the government upon a such as woultl scarcely be accredited to savages, much less to a Cl vihzed and ChriS- tepuhlican basis. . tian people." . Tho views of the minority are as follows: This last statement come-it from whom it may, we pronounce m the face of the testimony taken by thls committee, and not yet printed, to be untrue an~ unwar- On December 15, 1875, the Senator from Indiana [Mr. MonTo~] submitted the ranted by the facts disclosed. . followin:r resolution: The tone of animosity to tlle white pe~ple of _the Sonth whic~ breathes through- "Whereas it is alleged tl1at the late election in Mississippi for members of Con- out the Presi!lent's messarre and letter 111 nnm1sW.kable. In his message of July gre~. State officers, and members of the Legislatme was characterized by grMt 31 six days subsequent to this letter, the President says: "The report [on Missis- frauds violence, and intimidation, whertlby tho freedom of the ballot was in a great sippi) has not yet been made public." Why shoul!l he anticipate 1 . rueasui·e uestroyeu, a reign of terror established,_ b~llot-boxes stuffed, 'Spurious Wo hold it, and believe it will be so held by right-t.hi.nking men ~verywhere, ~s­ tickets impose~ upon vot~rs, so ~hat a pop~ ma.Jonty of more t~an. 25,000 was crooitable for the Chief Ma!!istrate thus to have exhibited such eVIdence of preJu- overcome and mits place was given an apparent but fraudulent maJOrity of more dice agaiD!~t. any portion of his fellow-citizens. than 25.000 · anu whereas the Legislature thus chosen will have the election of a It arlds, however, but another proof to tbe many gi~~n ~erotofore !Jiat ~b~ heart Senator to ~epresent that State in this body; and whereas if. these allegations are anu minuof President Grant are closed to allsenseofJustice where hiS polit1Calop- trne a groat number of the citizens of the United States have had their rights un- ponents, eBpecially in the Southern State:s. a~o conc~rned. . . . . . der the Constitution a.ntllaws of the Unitetl States wickedly violated: Therefore, Otilor att.empts t.o forestall public opimon m relatiOn to the affiurs m MISsiSsippi "lte$olved That a committeo of five Senators be a:(lpointed by the Chair to in- have been made, calcnhted to grossly mislead. Two attem~ts to fasten oblo~uy vcatiaate the trnth of the saill allegations and the Circumstances attending said upon one of the tmdersi•.rncd, [Mr. BAYARD, l and at the same ttme to convey UllJUSt electi~n with power to visit said State to m:.1ke their investigations, to send for per- impressions against the people of ])fis:~ist~ippi, may be noted. sons am\ papers, and to nse all necessary procefls in the performance of their du- fSpccial dispatch to the Baltimore Sun.] ties; and to make rcp01-t to the Senate before the end of this session of their inves- ti"ation an!l findings." · "WASRINGTOY, July 25. 'He supported its adoption by o. series of speeches, the last of which wan dated "THE REPUDUCAN llliPORT Hi MISSISSIPPI. January 19, 1876, the tr?-o history a11d inspiration of w~ch will hereafter _be noted in cnnstdei·ing the testimony taken before the committee. The resolution slept * * * * "Another case illustrative of the general conclusions arrive,} n.t by the m~jority until the 27tli of March, l !l71i, when an amendment was proposed by the Senatur of the committee is th~t of a native of Philatle~phi..'t.. ~e s_ettled near Vioksburgh from Michigan fMr. CnmsTIANCY) and aecepted by Mr. MonTox, as follows: ancl was with his family. He h.nd been a.ppmutecl a Jnsti~e of tb? peace by the "Whereas iti:~ alleged that the late election in .hfississippi (in 1875) for members governor of the State, and his wife openeu a school for the mstruction of the poor. of Con!IT<'SS and State officers and members of the Le!!islaturo was characterized He was subse at tho election, enco of bls wife and family. When the st.ory of this _wifewl!-8 told by- ~er ow~ lips a11d e,.pecially that the colored votot:s, on accom1t of their col01·, race, or pre\ious to the committee, Senator BAYARJJ, one of the comm1ttee, eJaculated, I don t be- condition of servitude, were, by intimidation aud force, deterred from voting or lieve it.' compelled to yote, contrary to tneir wishes, for candidates and in support of parties "After the murder, according ~ the report, the ass~sins hovered about, the to whom thry were opposed, and their right to tho free exe~cis~ of the electiv.e house and would not permit the wife to enact ove"? the r1tes of sepu~tnre.. Uey fr:mchise, as secured by the fifteenth amellftment t.o the ConstitutiOn, thus practi- dra~rged tho bleeding corpse from tbe arms of the dlstracteroper references before it is submitted, yet tho cuds its people had in view. It can netther grant nor secure to its citi:l:ens any the absence of the printed testimony mterferes materially with one of our objects, ri~ht or piivilcgo not expre sly or by implication placed under its jurisdiction. i.e., to make- no assertions, but to let the witnesses speak for themselves, and to •The people of the United· States resiuent within any State are subject to two substantiate every fact by reference to its basis. governments, one State and the other· national; but there need be no conflict be- It has been said by hi_gh authority that it was difficult to draw an indictment two n the two. The powers which one possesses the other does not~ They are ll_gainst a whole people. Equally difficult is it to establish any rules of evidence establisheu for different purposes anu have separate jurisdictions. Together they that would sustain so vague an indictment. And in the preRent inquisitiop it make one whole and furnish the people of the United States with a complete gov- would become plain to all who shall read the depositions and observe the mod.e of ernment, ample for the protection of all their rights at home and abroad. It is interrogation employed that every rule which the experience of mankiml has es. the natural consequence of a citizenship which owes allegiance to two sovereignties tablishetl as essential for the regulation of evidence and the a-scertainment of truth and claims protection from both. The citizen cannot complain because he bas has been disregarded in the course of this investigation. So tbat the weat bulk of vohmtarily submitted himself to such a form of p;ovemment. Tie owes allegiance the testimony which has been taken is such as would not be received in any court to the two departments, so to speak, and within their respectil'e apher·es must pay of justice in this country to oonvict the meanest felon of the pettiest offense. the penalties which each exacts for disobedience to its laws. In retnrn, he can Every rule of evidence followed by courts in the administration of justice has demand protection from each within its own jurisuiction. been entirely disregarded. Every rtile which experience has shown is essential •• The Government of the United 8tates is one of delegated powers alone; its for the elucidation of truth has been thrown aside, and opinion, hears.'\y, wild m· authority is defined and limited by the Constitution. All powers not granted to it mor, anythin~ ancl all things which excitement, prejudice, hate, love, or fear can by that m::~trumcnt are reserved to the States or the people. No rights can be ac- sn~rrrest, have been poured in without discrimination or cheok. ( quired under the Constitution or laws of the United States except such as the Gov- NO individual, no community, can be safe against such an order of things. ,• ernment of the United States has thcauthorityto j!J'ant or secure. All that cannot The uAual tests of discrimination between truth and falsehood having been aban· be so granted or secured are left under the protection of the States." doned, the result cannot be satisfaotory to any just-mind. Then again: The argument that the charge is vague and against a whole community only 11 The thh·d ancl eleventh counts are even more objectionable. They charge the makes the effect worse. intent to have been to deprive the citiz ~ns named, they being in Louisiana, 1 of When a. false principle is adopted, the wider i~ application the more dangerous their respective several lives and liberty of person without duo process of law.' it becomes. This is nothing else than alleging a conspiracy to falsely imprison or murder citi- This is observable in the examination from the first witness to the last. Adel- zens of tho United States being within the telTitorial ,jurisdiction of the State of bert Ames, the ex-governor of Mississippi, who was called and examined on the Loui iana.. The rights of life and personal liberty are natural rights of nian. 1 To 27th of April, and at page 29, on the third day of his examination, in which be had secure these rights,' says the Declaration of Independence, 1 go\ernments are in- made the most wholesale and sweeping assertions of facts of violence and intimi- stituted among men, llerhing their just powers from tho consent of the governed.' dation, was asked : 'l'he very JJi,!!hest duty of the States when they entered into the Union under the Q. You have referred to various acts of violence and intimidation; have you per· Constitution was to protect all person~ within their boundaries in th{! enjoyment sonal knowledge of any of those acts 1 · of these • unalienable rights with which t-hey were endowed by their Creator.' A. I never saw an a.Ct of violence performed. Sovereip;nty for this purpose rests alone with the States. It is no more Ute duty Q. Did you ever see an act of intimidation performed 1 or ~thin the power of the United States to punish for a conspiracy to falsely im- A. No ; I never saw an act of violence perf(lrmed. prilifm or murder within a Stattl than it woulll be to punish for false imprisonment Q- Then what you have said is derived from the information of other pe.ople1 or murder itself. A. Yes, sir. · 11 The fourteenth amendment prohibits a State from depriving any person of lif~, A.nu on page 32- liberty, or property, without due process of law, but this adds nothing to the rights Q. I ask you, do you know the fact whether there was any resistance to process, of one oitizen. as a,gainst another. It simply furnishes an additional guarantee when issued, in that State? against any encroachment b.v the States upon the fundamental rights which be- A. That statement I have made ; I would say that I do not know of any facts of ion~ to every citi:&cn as a membtents the States. or the United Sta.tes; however, from givin:;: pr-eference in of re-appointment. Most of the witneRses, when pinned down by cross-examin::~.­ this particular to one citi:.en of the United States· over another ou account of race, tion to give names of persons concerned and dates, were directly and flatly contra- color, or previous condition of servitude. Before its adoption this could be done. uicted as to those facts, and many of tho occurrences either shown to have been not It was as much within the power of a State to-exclude-citizens of tile United States only untrue. but impossible, or e[se accompanied by facts which subjec&d then\ to from voting on account of race, &c., as it was on account of ~e, prol>erty, or edu- a totally different construction. oatlon. Now it is not. If citizens of one race, having certain quahfications, are A large body of these witnesses were negroes of the most ignorant and unch':il- permitted by law to vote, those of another, having the same qualifications, must ized description, who did not hesitate to state anything, and whose declarations be. Previous to this amendment there was no constitutional guarantee against were frequently of the wildest and most absurd character. Thus at page--, in this discriminat-ion. Now, there is. It follow!' that the amendiDent has invested the deposition of - - , Dr. Holland, of Madison County, is represented as giving citizens of the United States with a new constitutional right, whioh is within the utterance to profanity in t-he following style: protecting power of Con~ess. Whereas by the deposition of .Judge Campbell, of the supreme court, page- "That right is exemption from discrimination in the exereis~ of the elective fran- Q. Did you know Dr. Holland, of the county i chise on account of moe, color, or previous condition of servitude. This,.unuerthe A.. I do'; he is the man whose name was connected with that arrest. express pro>h!ions of the second section of the amendment, Congress may enforce Q. What manner of man is bet by 1 appropriate legislation.' A. A very highly respectable man; one of the most amiable, mild-mannered, " The power of Conp;ress to legislate at all upon tbe subject of voting at ~tate good-natured men I ever knew. elPctions rests upon this amendment. The effect of article l, section 4, of the Con- Q. What is his age 1 Htitntion, in respect to elections for Senators and Representatives, is not now under A. I suppose him to be about forty years of age. consideration. It ha.'i not been contended, nor can it be.z that the amendment con- Q. Do ;you know whether J?r. Holland is am~ .who is profane in his speech i feY's authority to impose penalties for every wrongful rerusal toreeeive the vote of A. He 18. one of the most pious, devoted, Christian men I ever knew; ren'6rka- a qualified elector at State elections. It is • nly when the wrongful refusal at such an ble among meniu that respect. . election Is because of race, color, or previous condition of servitude that Congress Q. WoUld you believe it possible that Dr. Holl;md would interlard his conversa- can interfere and provide for its punishment. tion with profanity i * * * * A. It is utterly inco~sistent with his character, and I should regard it as impod- "The courts enforce the legislative will when ascertained, if within the consti- sible unless I could hear it, or it was attested by witnesses whose veracity I could tnjiona1 grant of power. Within its legitimate sphere Uonwess is supreme and be. not ques.tioi>. at aU. • yond the control of the courts, but if It steps outside of Its constitutional limita- tions and at tempts t.hat which iSJ beyond its reach, the courts are authorized to, and and Major Powel:J.. page-- ,. and Captain Key, at page--, Dr. Holland is teotified when called upon in d ne course of legal proceedings, must, annul its encroacl:wlents to be a gentlem1,1.n of singular purity' and piety, a strict and conscientious professor upon the reserved power of the Sta-tes and the people. of religiOn, and a "pillar" of the ~aptist ohurch in his community. See also the • * * * * case of-~...-.--. page--, in Aberdeen, in which Mr. E. 0. Svkes and his brother, 1 "We must, t herP.fore, decide that Congress has not, as yet, Jlrovided by appro- Mr. T. B. Sykes, the m.avor o~ Aberc.leen.• both of them profe sora of religion and priate legislation' for the punishment of the offense charged in the indictment, and gentlemen of the most athnitred purity of language and conduct, are described ns th:tt 1he circuit court properly sustained the demurrers and gave judgment for the monsters of profanity. · The case of - - - , paue - , t;.estifying o~ ~· PTeasley, the judge of election tlefendants." In subordination to the principles thus laid down by the p,uthority of the tribunal at Calhoun precinct ~ 'M~son County, rudely taking tickets from colored men, of last resort in our country, the undersip;ned wonlOlitical opponents to procure even a tolerable and decent administration of public Q. After these indictments took place were tbe confidence and association of affairs. Since 1868 they had given up their party name and candidates, had voted Governor Ames withdrawn from these people~ for Den~. a republican, bad voted for Alcorn, a republican, and essayed in every ..A. As a, general rule it was not. In Northeastern Mississippi Governor Ames way to appease and mollify the I?arty led by Governor Ames ; but 9ll in vain. They appointed a man as chancellor by the name of Barton, with no intelligence as a law- witnessed the selection of men Olther incompetent or criminaL or both, for important yf}r and no standing at the bar. Moreover, he was charged with a flagrant act of. offices in the State. They saw their best men, most virtuous, experienced, and able fo~!':Y· citizens pas~ed l>y in contempt. The1 saw men notoriously vicious, and justly pro- l.l· Had he been indicted 1 scribed, taken into the confidence and friendship of Ames and placed in authoTity. .A. He had not: but Governor .Ames was informed by gentlemen of high respect. (See the case of Wi 'liam Gray, ne~o brigadier-general, page-, and his character ability, among others hy our present governor, who came from hi~ ~ciaity, 'lf ! bn ~~ril>eu by a republican ~tness, rutnam, p. -. Also. s~JndgeShackleford, p. character of this man. (}{)vernor Ames r efused to believe it, but baa it beon u.u-· , W. A. Ferj!llson, p. - , J mlp;e John A.. C. Watson, p. .) true and his moral character ever so goocl, be was not fit for the office; but Arues 1 Cardozo. the forging clerk of the circuit court and defrauding State superintend. was. blind to the truth, and did appoint Barton chancellor. Wben, howe~'f.'J', his , ent of public instruction ; Davmporli, the negro forger and county clerk; 0. P. a,ppointment wa.~ he-fore the senat-e for confirmation, the jucliciary committee. to' Lee. white, aide-de-camJl, defaulter and red-handed murderer of two blook com· which it wa~ r eferred, sent out for wit-nesses, and tho proof was conclusive. 1 bad, mittec-men; Morgan, the sheriff of Yazoo County. with the indictmt~nt for the 'Ueeu knawiug to it. 1'he ~entlem:ln upon '"I ~om tho for~et ·y w~'3 com~ni~t~!l.'l.:~ 5284 CONGRESSIO~AL RECORD-SENATE. . AUGUST 8, • sideit in my town a.nd ·was my intimate personal friend; but Governor Ames did their silent adversaries who had been totally deprived of official position and con- nnt withdraw his name until he was oold by his friends that they could not possi· trol in public affairs. Between one division of the republican party, led and repre- bly get Lim through the senate. That was tho only thing that chocked him. aent~d by Governor Amos, and another, represented b;y Senator ALCORN, tho breach Q. Did this man ever exercise the functions of chancellor 1 became deep and widened daily. On either side individuals of that party atTayed A. 0, yes, sir; be held several courts. themselves with their respective followers, and open and bitter denunciations, un- In all ihe~e republican strongholds in which turbulence and misgovernment are sparing in their terms, were showered by each side upon the other. The split was alle,c:ed to have existed, it is to be also noted that the entire local power was in re- open, positive, and would seem to have been irreconcilable. In his examination publican bands. Thus the supervisors of the counties, being in fact the county before the committee Governor Ames classes Senator ALCORN, Governor Powers, legislature, assessing taxes, contracting for supplies, controlling all public improve- McKee, ex-member of Congress, ex:·Senator Pease, Mortis, the attorney·general, ments, the 11cbools, public buildings, roads, and having, in short, all local control~State Senator Musgrove, WELLS, M. C., and Chancellor Storrs, as among tlie oppo- were almost without exception composed of negroes, few of whom were able to re&a. nents to him and hiS administration. At page 22 he accuses Morris of having used or wTite, and scarcely one of whom was able to compute au ordinary sum in arith- his office for corrupt purposes, Musgrove of insincerity and dishonesty, Storrs of metic. In some cases the hi~hest mark of erudition was the capa{}ity of the chair- being thoroughly corrupt; at page 25 Pease of willful falsehood and of being with- man mechanically to sig_n his name to a record which he was unable oo reau. (See out ordinary intelligence. At P.!$e 26 murders are imputed to Senator ALCORN. deposition of - - a.na deposition of--.) On the other hand, George E . .tlatTis, the ex.attorney·general of the State, in his The justices of the peace, generally unable to write and frequently unable· to letter to the President of the United States, dated the 24th of November, 1875, read the contents of the process against person or propCity which t-hey issued in giving the reason for the democratic success in MississippiJ!~~:ares that it was- the name of tho law, delivered it to constables equally unfitted to understand the "Due to the imbecility and base corruption of the State a · 'stra.tion and a few JJ;Ltnre of the precept or to attest their action under it. (See deposition of--) adherents." Negro chancery clerks and clerks of the circuit court and courta of record were (See letter, page-.) · utterly unable personally to perform their duties, and intrusted everything to some lie charges .Ames- · . whit~ deputy. (See deposition of--) " With cold indifference and of contracting his views and narrowing his circle The consequence of this local misgovernment is an increase of taxation amount- of fiiends to a few confidential advisers, who were a. close corporation of mercenary ing to confiscation, and is well expressed in t.helangua~e of a petition to tbe Leg. men who k:Dew but little of the want.s of the people of the State and cared less- islature by tho tax-payers of the State, in January, 187a, from which we make the men who have no identity of interest or sympathy in common with the people of following extract: the State." "But probably the most flagrant evil of which the tax-payers complain and the He charges him- greatest outrages perpetrated on their rights arise from the action of the boards " With t.he desire to control the judiciary as well aa the execut.ive department of of supervisors. the State; of resorting to the expeiliency of maJ..ing appointments after vacation "This oonrt is really the most important of any in the State, and should be com- and then holding the appointments over them in terrorem until the next session of posed of the very best men in the several counties. As a general rule, we are sorr:v the Legislature, and if they did not J)lease him in decrees, &c. he could withholtl to say, the members of this boar!l are wholly unfit to discharge their duties, ann their names, (as he did in one case,) tlius making the judiciary of the State subservi- are without respectability or accountability. This, however, is not the fault of the ent to the executive, in violation of the constitution; and he actually removed Legislature of the State, except in so far as it encoura~cs such men to seek for that Chancellor Dreman, as I believe, because in a case of habeas corpus ho refused bail position. The county levies, in a large majority of the counties, aNI extravagant to the governor's friend, Morgan, (sheriff of Yazoo County,) on a charge of the mur- and oppressive beyond all endurance. The contracts for public work are made der of one Hilliard." without economy or care, and with a reckless indifference to the interest of the He charged him- public. These boards, in some instances, employ their own mem hers to do the work " With appointing men to ,judicial position who h:ul never h~Ml a case in court, not authorized by law, merely for the 1mrpose of making thein extravagant allow- and were totally ignorant of the law and practice, and who do not know a. plea in ances. In many inst.'lnces tbeso members are wholly ignorant, and are completely bar from a demurrer." . under the control of the clerks and sheriff~ of these counties, to whom they make Ex·Senator Revels, in his deposition, at page-, states: extravagant allowances. This is a great evil, aucl we suggest that remedy which I. H. Estell, a republican, states, at ;page 3:l5: alone seems adequate. Legil!lation should be immediately enadecl fixing the max- Governor Ames's prostitution of his office and bargaining wi'th appointees ia imum rate of taxation at 50 per cent. on the State, beyond :which they shall not go shown by Judge Watson, at paue -,as follows: in any instance. Senator ALCORN flatly contradicts Governor Ames's account of the Friar's Point · "'1.1hese boards should also be prohibited from making any contracts, or allow- riot, in which Mr. ALCORN was one of the chief parties, (see deposition at page 67,) ances, or appropriations, except when there is money in the treasm·y to pay them. and expresses his want of confidence in Ames's administration. Aml every such order or wan'ant so made and ordered, when thflt:e is not money in See also letter of H. C. Carter, page-, also speech of G. WILEY WELLS, (see his the treasury sufficient to J.lay it, shoultl he declared utterly null and void, and allspeech, reported by Senator Revels, at page -,) in which he q_uotes Ames's re- persons ooncurrin::r in makmg or issuing them be declared guilty of a misdemeanor marks that" the blOod of twenty-five negroes would be a good thin~ for the repnb· in office, and punishahle for snob, as provided by law." lican party." To this urgent and rcspectfnl appeal no response whatever was made. (See dep- With such a division of feeling in regard to men and measures In the republican osition of E. Barksdale, pa~e 453.) . partv in Mississippi, with universal (liscontent among all classes of the people in The ruinous effects of such a system of mis~overnment upon the real el'ltate and regard to" the comlition of the Sta.te and its administration, they approached the property which are subject to it is to be fonnclm the testimony of Shackleford, are- cun>ass of 1875. Governor Ames was charged by Harris !see same letter before publican ex-judge, at p. - - quote1l) wit.h:using his power as executive of the ~tat~ for the purposf\ of securing So that not only is all immigration prevented, but the possibility of obtaining his election to the United States Senate, and there seems to be no doubt that sucli loans of money npon real estate for the purpose of improvement is destroyed. was the fact. As he, himself, bas stated, he bad "united his fortune with the col- The system of puhlic schools seems to have been liberally maintained chiefly for ored people of the State, whom he believed to be in a. majority." He was unlearned the advancement of the blacks, but necessarily at the pecuniary cost of the whites, in law or the spirit of civil rule. Military methods and rigor were his only concep- whose property mainly contrihuted from its burdens to sustain them. This, how- tion of government. He seemed greedy of political power without comprehending eYer, would not have been a subject of complaint if there had been anythin~ like ita responsibilities. He did not lessen his deficiences by associating with men more equality of opportunities for the establishment of white schools, which wore neces- learned in civil rule than himself, but, avoiding men of intelligence and character sarily at the colit of white people. . in the State, surrounded himself with obsequious and inf01iorassociates. The char. An insta.nceof the gross inequality and injustice of the action of these negro boards acteristics and tastes of the people among whom he had ,c:one as a stranger, and yet of supervisors and the insolence and overbearing conduct of the mem bors is to be to be their ruler, he never studied nor cared to comprehend, nor to have um1cr- found in the c~e in L'lsa-quena County. (See deposition of William A. Farrish, at stood the gentle wisdom of Fletcher of SaJtonn: "That if a man were permitted p.-) . to make all the ballads, he need not care who should make the laws of a people." And the deposition o f - - . He never gained their respect; but, by his self.seeking, his self.promot.ion to power The choice of registrars a.nd judges of election was such as made fair elections and placo and hiR use of public power for his personilendst he entirely lost what- hopeless, as will be illustrated by the case of Warren County, which we shall con- ever he might have had of their respect. Thus, losing pnblio respect, he lost pub- ~>icler hereafter in this report. . lic confidence, and instead of seeking by conciliaton and methods of justice tore- The Legislature of the State, under Governor Ames, contained a large majority of gain it, ho resolved to defy those wbo withheld it. The end of all his methods was negroes, and was confessedly a venal body of men, in which the defeat of any meas. simply force--the bayonet; that la.s t and moAt cruel ,test of military fidelity, when ure of reform or the passage of any measure of iniquity could be cheaply procured the American soldier is called upon oo use his arms against the American citizon. • by the use of money among the members. (See deposition of - - . ) When be found the political knot was complicated, he set aside methods of reason As to the relation of Governor Ames to the white people of the State of Missis- and used the sword to cut it, because he was devoid of the skill or patience to un- sippi, it is best described by his owu language at pages 16 and 17 of the testimony, tie it. Violence was the necessary end of such a. rule as be conceived and sought in which be says: · t() put in practice. 'l'he just end of government 1a the happiness of the people to be Question. When did you first go to Mississippi i · governed, and measures to promote popula.r happiness and content are the first anti Answer. I went there in 1867. · chief duties of a ruler. It WOUld be a farce to term SUCh a government as he COD· Q. In the Army, I believo 1 ducted in the spring of 18i5 a free government, either for the white or for the black A. Yes, sir. people. The colored population were as thoroughly enslaved to his will and to the Q. When were you elected Senator t handful of politicians whom be set over them as they ever could have been at the . .A. In 1870. hands of their former pri>at~ owners. In his testimony at pa~e 15, citing his last Q. Had you any intention to settle in Mississippi P.Jior to your election 1 message oo the Legislature, he says he regards the wbole.atfru.r as a ra.ce issue, in A. I wil1 say not long previous to that; and permit me-to say that I found when which he avowedly intended to ta"ke sides with the black race against the white, I was military governor there that there was a black code existing, and that the and to use all his power, ;pPrsonal, political, and official, in their behalf. Thus, in nngroes had no rights whatever· that t-hey were not permitted to exercise any of the first vear of bis admmistration, in the fall of 1874, in the case of a contest for the rights of citizenship. I had given them the protection they were entitled to the office~ of sheriff at Vicks burgh, in Warren County, he forced Flanagan, the under the Government of the Unit-ed States, a.nd I believed that I could render white occnpa.nt, out of his seat by a company of Unite.d States troopR, which he ha.tl them great service. I felt that I had a mission to perform.'in th<'ir interest, and I demanued to be sent to him for that purpose from New Orleans. In 1875, when it besita.t:ingly consented to represent them a.nd unite my fortune with theirs. became apparent that the democratic party was disposed to comhine itself with all lt will·seem, therefore, by his own voluntary statement that the white people of the elements of opposition to his administration a.nd mako a strenuous effort to.gain Mississippi were not those whom he proposed t<1 represent or with whom he de- control of the State, Governor Ames made his first preparation in the Legislature sired "to unite his fortunes." for. its defeat by the passage of a law known as the "Gatling-gun bilL" This is The next question and the reply of Governor Ames may perhaps be explanatory described in the testimony of E. Barksdale, page -: of his supposed "m1ssion." Q. You spoke of the "Gatling-~ bill," what was that1 Q. Yon speak now in reference to the colored people of the State1 A. I havo, I tbink, a synopsis of the bill. A. Yes, sir; in reference to the colored people of that State; ihey were in the "Section 3 of the bill empowered the commander-in·chief to organize, from the DUljority. enrolled militia, two regiments of ten companies each, and to purchase four or mol'e On page 19 he says: · .. "The question ol how I can get money to live is the one question with me." • ~~~i~&~~~ !:i1 o~~!}ze a. corps of select officers and men from the infantry to Porhaps this was always the case with Governor Ames while he remained in That was passed ~y the Legislature which assembled on thelst of January, 1875. Mississippi. The uate is not given. The natural consequences of a government so organized had become apparent Q. It was passed the spring before the election ~ prior to the adjournment of the Ames legi.s1'lture, which met in January, 1875, a.nd A. Yes, sir; it was called the" Gatlin~-gun bill," because the purchase of four ~uljourncd about the end of .March following. Incompetence, venality, and misrule Gatling guns was authoiized, and they were regarded ali! weapons of very terrible )1au borne their usual fruits. A government that inspired neither affection nor rc· destructive qualities. The appropriation for carryin~r out the purpose of the Gat- tJpect could necessarily rely only upon coercion and intimidation as a last and vain ling-gnn hill was $60,00a. Of this, $5,000 were authorized to be expended for mill· r:osort. The dissatisfaction and discontent of tlle people was not confined to the tar~ supplies and munitions of war. ~fllll,ocratip party, but ext-ended everywhere and among men of all parties. The next was his application to the Secretary of War at Washington for the ~4e dfss~ns~ons \Vlth~ t4e republican ranks were even more marked than among State's quotnm of arms. (See testimony, page-, and the accompanying 11:1pers 1876. CONGRESSIONAL RECORD-SENATE. 5285 and applications of A. G. Packer, ad,intant-general, organizing the State militia for HEADQUARTERS STATE OF MISSISSIPPI, active duty.) .ADJUTAl.'IT-GENERAL'S OFFICE, A. While mattera were in o. condition of profound peace here, though these J acl.:son, June, 1865. causes of disoontent existed to which I have rf'ferred and which are stated in the [General Orders No. 5.] tax-payers' memorial and in the resolutions of the republican club here in tlie city The following-named officers have been appointed in the Mississippi State militia of Jackson, Governor Ames, after the passage of the law which was known as the during the month of June, 1875: " Gatlin-gun bill," us if preparing for war here, addressed o. letter to the Secretary Lowndes Oounty.-M. A. Brownlee, captain Company A, First RegimentTnfantry; of War inquiring about Mississippi's quota of IU'1118. A copy of that letter I have T. H. Smith, first lieutenant Company A, First Regiment Infantry; D. 1•. Moody, hore: second lieutenant Company A, First Re~ent Inftmtry. May 25, 1875. The follow in~ resignation in the Mississippi State militia has been accept-ed dur- Sm: By direction of his excellency A . .Ames, governor of Mississippi, I have the ing the same period: honor to apply to you for the statement of arms and other military property issued Grenada Oounty.~une 17, 1875, Firat Regiment Infantry, C. P. Lincoln, colonel. to this State since 1860, under act of Congress April23, 1808, and the acts amenda- By order of the commander-m-chief. tory thereto. A. G. PACKER, Adjutant-General. . A communication from t.he Ordnance Office, Wn.~hin~ton, D. C., has been re- ceived, in which the State of Mississippi is charged, under the provisions of an HEADQUARTERS STATE OF MISSISSIPPI, act approved March 3, 1875, with thesum$170,167.31, and a balance due the United AnJUT~·GENERAL'S 0F111CE, States is claimell of $1,967.60. Jackson, October 1, 1875. The recor,ls of this office do not show the amounts of the apportionment for the difl'erent years, and having no data to furnish I respectfully apply to you to fur- [General Orders No. 7.] nish it. The following-named officers have been appointed in the Mississippi State mill· Very respectfully, your obedient servant, tia. during the months of August and September, 1875: A. G. PACKER, .Adjutant-General. War·ren Oounty.-William French, colonel Fourth Regiment Infantry, Au~t The Hon. SECRETARY OF WAR, 12, 187i. Washington, D. 0. FIFTH DIVlSION.-Brigadier-General William F. Fitzgerald, of Hinds County, That was a letter written on the 25th of May, 1875. September 15, 1875. · On the 2rl. of June, before the political canvass, Governor Ames addressed a let- FIFTH DIVISION.-Staff of brigadier-general.~ohn D. Beaird, assistant adjutant- ter to General Ben6t, chief of the Ordnance Department, aa follows: general, with rank of major, Warren County, September 2'~, 1875; WirtJ rihnson, as- sistant surgeon-general, with rank of major, Hinds County, September 24, 1875; JUNE 2,.1875. William R. Davol, assistant quartermaster-general, with rank of captai{l, Warren Sm: I have the honor to respectfully apply for a price-list of ordnance and ord- Uounty, September 27, 1875; John J. Rohrbacher, aid-de-camp, with rank of cap- nance stores as issued from your Office; alsO a book of forms used in the Depart- tain, ii.inds County, Septem~r 27, 1875; Marion Smith, aid-de-camp, with rank of ment, if any change has been made since the publication of the regulations, 1863. captain, Hinds County, September 27, 1875. Very respectfullv, your obedient servant, Warren Oounty.-R. J. Temple, r.aptrun Company A, Second Regiment Infantry, · A. G. PACKER, .Adjutant-General. September 27, 1875. ' Bri~ta.dier-General S. V. BENET, Staff of major-general.-M. B. Sullivan, assistant adjutant-general, with rank of Ohief of Ordnance, Washington, D. 0. colonel, Bolivar County, September 24, 18i5; Wil.lia.m H. Uompton, assistant sur- Q. What do you know of any military preparl\tion made by Gove-rnor Ames geon-general, with rank of lieutenant-colonel, Hinds County, September 24, 1875. ear1y in the canvass, and prior to the occurrence of any of these disturbances1 Hinds Oounty.-John W. Clingan, Cft.ptain Company .A., First P..egiment Infantry, A. As I have stated, and cited the letters showing he was making military prep. September 25, 1875 ; John U. Rietti, first lieutenant Company A, First RegiJllent nrations. Then I have an order-book, issued from the headquarters Stab'l of Mia- Infantr:v, September 25, 1875; Matt F. Ash, second lieut.enaJrt Company .A., First si-.sippi, adjutant-general's office, Jackson, May 1, 1875, announcing otlicers of the Regiment Infantry, September 25, 1875; Charles Caldwell, captain Uompany A, M.issU!sippi State IDili~ during the months of February, March, and .April, 1875. Second Regiment 'tiuantry, September 25, 1875; Eugene B. Welborn, first lieuten- ant Company .A., Second Regiment Infantry, September 25, 1875; Porter Kelly, sec- "STAFF OF THE COMMANDEB·IN·CBIEF. ond lieutenant Company A, Second P..egiment Infantry, September 25, 187!t; Green Tapley, captain Company B. Second Regimentin,fantry, September25, 1875; Uharles "Brigadier-General Albert G. Packer, of Holmes County, adjutant-general. Morgan, first lieutenant<..:ompany B, Second Reg~ mont Infantrv, September 25, 1875; February 25, 1tl75. Johri F. Duncan, second lieutenant Company B, Second Reghnent Infantry, Sep· "Lieutenant~Colonel Omar S. Lee, of Holmes County, aid-de-camp. Febrn~ry tembcr25, 1875; Nath.mielD. Sneed, colonel Second Regiment Infantry, Septem· 25 1fli5"- A gentleman who has since proved a. defaulter to a very large amount in the berLafayette 27, 1875. Oounty.-Victor W. Thompson, colonel First Regiment Infaniry, Sep- county of Holmes, and has fled the State, and his whereabouts are not known. tember 28, 1875. ~< Lieutenant-ColonolJames J. Spellman, of Madison County, aid-de-camp. Feb- FIRST DIVISION.-Staff of brigadier-general.~ohn C. Heidelbert;, assistant adju· ruary 2.3, 18~5. taut-general, with rn.nli o£ major, Lee County, September 30, 1875; Clinton C. Jones, '.' Fourth divi$ion. assistant quartermMter-~eneral, with rank of captain, Lee County, September 30, "Bri~adier-Genera.l William Gray, of Washington County. February 25, 1875. 1875; Joseph M. Bynum, assistant surgeon-general, with rank of major. Alporn "General Brown colonel First Regiment Infantry. February 25, 1875. County, September 30, 1875; Henry M.G. Spencer, aid-de-camp, with rank of cap· "Major-general State militia, Alexander Warner, of Madison County. Febrna.ry tain, Lee County, September 30, 1875; Green M. Maddox, aid-de-camp, with rank 26, Hl75." • of captain, Tippah County. September 30, 1875. These gentlemen were all members of the republican party. That General WM- :By order of the commander-in-chief. ner was the chairman Qf the republican State executive committee. A. G. PACKER, Adjutant-General. Of these, Spellman, Gray, and Brown were colored men; no democrats among them. After the CUnton riot Governor Ames proceeded to perfect t.h e military organi- HEADQUARTERS, STATE OF MISSISSIPl';", zation which had been ordered by law; and in the county of Hinds, under author- ADJUTANT-GENERAL'S OJ<'l'"ICE, ity known as the "Gatling-gun bill," on the 23d of Septem bcr, he ordered one thou- Jackson, November 1, 1875-. E:and Sprin~field breech-loading muskets to be purchased, and directed to the adju- [General Orders No.8.] · tant-general of this post. After the receipt of those arms they were issued to com- The following-named officers have been appointed in the State militia during the panies in thi~ county of Hinds, as follows: On the 2d of October, eighty guns, with accouterments, were issued to Captain month of Octooor, 1875: SIXTH DmsiON.-Brigailier-General Harris P. Hurst, of Pike County, October Charles Caldwell. (colored.) 2, 1875. On the 5th of October, to the same J;lerson, seventeen were issued. SIXTH DrnsiON.-Stadf of brigadier.genera.Z.~ames C. Lamkin, assiatant adju· On the 6th of October, forty-seven 1ssued to Captain John \Y. Cleagan, (white.) taut-general, with ra.nK of major, Pike County, October 2, 1875; Frank Strong, On the 7th, ei~hty stand of arms to Green Tapley, (colored,) with ammunition. On the 9th ot October, eighty issued to Ed. L. Gillin, (colored,) with. ammuni- assistant Charles surgeon-general, with rank of major, Amite CountyJ. October 2, 1875-; P. Hosmer, aid-de-camp, with rank of captain, Pike IJonnty, October 2, tion. Moses Jackson, Msistant qnarteFmaster-general, with rank of captain, Amite On the 9th Oct-ober, 186:>, stand of arxns issued to Geo. D. Nixon, (white,) with 1875; County. October 17, Ul75. · · · ammunition. Warren Oounty.-Adam Bowie, captain Company .A, Second Regiment Infantry, On the lOth, eighty issued to W. C Mosely. with ammunition. October 5, 1875. On the 11th, l'IXty issued to Oliver Cromwell, (colored,) with ammmiition. Hinds Oounty.-William C. Mosely, captain Company D, Second Regiment Infan- That was in this county; issued with accouterments, ammunition, &c., to five try, October 7, 1875 · John W; Chase, first lieutenant Company D, Second Re¢- negro companies in the county of Hinds, and two white companies. Almost without exception the appointments were from the republican party. I ment Second Infantry, October 7, 1815; William Williams, second lieutenant Company D, Regiment Infantry, October 7, 1875; E. L. Gilliam, capta~ Company E, do not think of an exception in the military appointments, and two-thirds o£ the Second Regiment Infantry, October 7, 1875; Thomas Stevens, first lieutenant Com- companies, that were commissioned in the military service, were taken from that pany E, Second Regiment Infantry, October 7, 1875; Robert Williams, second lieu- party. Probably half were commanded by colored officers. tenant Company E. Second Re~ent Infantry, October, 7, 1875; George D. Nixon, Tho following is a. full list of the appointments: FIRST DIVISION.-Brigadier-General William F. Simonton, of Lee County, March lien captain Company B, First Re~~ment Infantry, October 9,1875; E. W. Partin, first 4, 1875. tenant Com pan~ B, First .ltt'gin;lent Infantry, October 9, 1875; C. E. Marshall, SECOND DIVI8ION.-Briga.dier-General Marion Campbell, of DeSoto County, March Iverson,lieutenant second Company B, Fii'Ilt Regiment Infantry, Octoher 9, 1875; William captain Company C, Second Regiment Infantry, October 11, 1875 r Edgar · 4, J875. . . 'l'unm. DIVI8Iox.-Bri!mdier General N. B. Bridges, of Oktibbeha County, March Gordon, first lieutenant Uompany C, Second R~giment IDfantry, October 11, 1875; · 4, 1875 ; Hinds County, gJmuel F. Steele, colonel First Regiment Infantry, March Oliver Cromwell, captain t:ompany F, Second Regiment Infantry, OcWber 11, 1875; 10, 1875; Jasper County, Newton Knight, colonel First Regiment Infantry, March Virgil Clark, first lieutenant Company F, Second Regimenl: Infantry, October 11, 17, 1875; Lowndes County, W. A. Monroe, captain Columbia Light Artiller:v, March fantry,18i:i; Cornelius D. S. Parker, second lieutenant Company F, Second Regiment In· 17, 18i5 ; Grenada County, C. P. Lincoln, colonel First Regiment Infantry, April October 11, 1875. 12, 1875; Monroe County, James W. Lee, colonel First Regiment Infantry, April De So'o Oounty.-Albert D. Thompson, colonel First Regiment Infantry, October 12.1875. 11, 1875; Jefferson J. Evans, lieutenant-eolonel First Regiment Infantry, October By order of the commander-in-chief. 11, 1875; Thomas A. Leon, major First Regiment Infantry, October 11, 1875 ; James A. G. P .ACKER, Adjutant-Gentrcll. F. Pratt, adjutant, with rank of first lieutenant, First. Regiment Infantry, Octobel' 11, 1875; Horace H. Hillman, captain Company A, First Reaiment Infantry, Octo- ber 11, 1875; Calvin S. N esl:lit, first lieutenant Company A, 'First Regin:lent Infan- HEADQUARTERS STATE OF M:ISSlSSIPPI, try, October 11, 1875; Henry Odpm, second lieutenant Company A, Fll'8t Regiment ADJUTANT-GENERAL'S OFFICE, Infantry, October 11, 1875; John W. Farmer, captain Company B, First Regiment Jackson, June 1, 1875. Infantry, Octoher 11, 1875; Thomas McCain, first lieutenant Company B, First [General Orders No.3.] Regiment Infantry, October 11~ 1875; James McLaughlin, s~cond lieutenant Uom- pany B, First Regiment Infantry, October 11, 1875; Henry Rogers, ca.'t>ta.in Com- The following-named officer bas been appointed in the Mississippi State militia pany C, ]'irst Regiment Infantry, October 11, 1!375; Jerry Powell, first lieutenant during the month of Mar,. 1875: Company C, Fii'St Regiment Infantry, October 11, 1875; Charles H. Knowlton, sec- Wilkinson Oounty.-William H. Noble, colonel First Regiment Infantry. ond lieutenant Company C, First Regiment Infantry, October 11, 1875. By order of the c.ommander-in-chief. Yazoo Oounty.-Albert T. Mor~a.n. colonel First Re~ment Infantry, October 11, A. G. PACKER, Adjutant-Gt;neral. 1875; First Regiment Mississippi CaviiJry, Uolonel Eugene H. McMich!l.el, of Wil- 5286 CONGRESSION1\L 1\ECORD-SENATE. ~UGUST 8, kinson County, October 11, 1875; Lieutenant-Colonel John G. Mills. of Holmes J my candid opinion that there were no less tl1an fixe hunclred "Den who lay in County, October 17, 1875. woorls the greater part of the night before the election. Thoy would stanfi in line t.b~ Amite Oounty.-Charles P. Nelson, caJ?tain Company A, First R egiment Infantber 17, 1875. and put these anvils down, and shoot them off ten or twelve times, and sh ot their The followin,e; appointments ha.vo been revoked during the same J>eriod: sh?t-guns1 yell, and go on , anc;l s_top a mile. per~aps fartl1cr on, and r opcat th e same Warren Oounty.-R. J . Temple, captain Company A, Second Regrment Infantry, t~mg a.p:alT~. We could hear It m every rllrection from t own, ann it sound<'d ju~;t October 5, 1875. like war times. The colored people, wh en thrse squa<1 s would be approachin~ Hinds Oounty.-charles Caldwell, captain Company A, Second Re,!riment Infan. tlH'm, shooting and :telling, would of course imagine tha t they were gom "' to kill try, Ootober 21, 1875; Eugene B. Welborn, first lieutenant Company A.. Second them, and they would slip out and get into the woods, and lav hid until morn in~!. Regiment Infantry, October 21, 1875; Porter Kelley, second lieutenant Company In the morning they came in one at a time, and found out no ono had boen killed. A, Second Regiment Infantry. October 2l, 1t175. This was done on tile night before the election, and findinp:out that nothing 1'ions By order of the commander-in-chief. bad been done, and tllat this was only a trick to frighten til em, th ey came up tQ t ho A. G. PACKER, Adjutant-Gtmeral. po]lg and \"oted, anti we polled a larger vote than we had polled before since the The State militia ha.vin"' been t.hus or~anized preparatory for the campaign, anpondence, although not referred to by 1\tlier-General Gmy, reporkd in testimony of W. A. Ferguson at page-; also tes- an.y witness nor in any ~ay supposed to be co~ected with _the subjects to be in- timony of Mr. Putnam, pago -.) qmred of by the committee, was, by tho order of the comm1ttee and against the AR a consequence, rumors fiew thick and fast. The prepl\mtion of t.he governor formal and recorded protest of the undersigned, made public for the lJUrpose of and his arming of the negro militia. were on every tongue, and caused the deepest sustaining the charges of lawlessness and outrage against the democratic party of distress anefore the committee who were not sues," which Governor Ames nas reoo~ized, and upon ono side of which he so so equipped-one, 1\ Mr. Chisholm, a leading republican of Kemper County, promptly and vigorously ran~ed himself with all his official powers, were unnse and hearty reprobation which we, in common with all mon of what it was to the whites. who respect and >alue Jaw and order and humanity, necessarily felt, and now feel, Not only were the white people of Mississippi threatened with the or..,.anization upon every occasion where Yiolcnce and crime were committed. Stern repression and use of the armed ne)!1'o militia in the coming election, but the armed' forces of and prompt punishment are the just measures to be dealt out to all such otf,·nders, the Government of the United States were held in terror over them for a like pur- without respect to race or color or station in life, and for all such criminals and pose. Mr. Warner, chairman of the republican State execu.tive committee, at page transg:essoJ s we invoke duo punishment at the ha~ds. of ~hose who are the repre· -, states that, inrme£liately upon the holding of t.he re-publican State convention at sentativcs of the Government whose laws need vmrlication. But while we pro- Jackson, i n - - , 1875, a resolution was adopted vesting him with an authority to pose in every pro\"en case to condemn the guilty, we do not propose to allow reason- appoint. a com.l;llittee, with himself as chairman, to visit Washington and call upon able proof to be replaced by reckless and malicious assertion or rumor· nor do we the President fo r armed aid to the republican party in the ensuing canvass, which p1:opose to condemn a w:hole community upon the tc~timony of men, ~onfe scdly resolution, and t he action of the committee under it, shows the character of the Without character, who live upon slamlers and trade upon abuse, instigated, ns campaign which they intended should he waged in that State. It may be here manr of such characters werowho appeared before the committee, by a miserable mentioned that the prevalent idea among th e negroes and the handful of whites facti?~· whose h!!pe of .prolonged plunde! and se1f-e~c~ont lies in 'keeJlin,cr nr a who led them in Missis ippi seems to be that the Federal Administration will at condmon of public exmtement and fannmg the pr~U(hces and hat• eda of i:Jy-in- all times exert. its armed n.uthority for the purpose of retaining them in office: and formed citizens of the North against the wliite people of the South. We confidently it was in the hopes of such intervention that the application referred to was made, believe that when knowledge of the truth as it is, and sad though it may be in many and which, as we believe, has largely promoted anc.l induced the complaint-s which respects, of the state of affairs in Mississippi, !!hall possess the minds of the peo- led to the constitution of this committee. The experience of prior elections had ple of the Northern States, the occnpation of the miserable cla.ss of slanderers to been favorable to this belief. (See pa..,.e- of testimony.) whom we have referred will be JlOneforever. Question. Wa-s it a fact, then, that tile military arm of the Government was used It is for this reason that we sinCt'rely deprecat,e such utterances as are contained in his election in favor of one party ~ !n the speech of the honorable Senator fi·om Indiana, [.Mr. llOUTON,) and delivered Answer. Yes, sir; the troops were sent to various parts of the State at that time, m the_ Senate by him: when ur,!ring tile adoption of the resolution by which this and persons were an-C:~ted and thrown into prison ; and the effect oft he use of troops committee was anthonzed. No fact stated by that honorable Senator wa.'l upon his against men who were opposed to that. party had very great influence in con troll· personal lmowledge, and the source from which he obt-ained llis as~umed faots inl!' and determining the election. was disclosed by the deposition of Captain Fil:!ber, to be found at page 533. Q. I would like to ask that fact, whether the Army of the United States has been ~y Mr. BAYARD: used as a party agent in the afthlrs of Mississippi, and if it has been so felt by the Question. Is no~ thQ..t a. copy of Mr. MORTON's speech that you have there 7 party to which yon belong 1 Answer. Yes, su·. A. Yes, sir; it has been so felt, for it was felt in that election, and tbe military Q. Didn't you furnish these extracta to him 1 <'ommander was seen to go into a political organization and pledge his support to A. I furnished some of them. its eandidates ; and the troops wero placed in \"arious portions of the State without any ostensible caase other than their pres6llce would have tha.t efi'fiCt. SENATOU !lORTOY'S SPEECH, AND WHO HELPEIY TO COMPILE THE EXTRACTS IN I~. The democratie conservative party of Mh;sissippi, in the platform adopted at Q. I observe, in reply to a question put to you, first in respect to the Clinton riot, their State convention ou the 3d of August, 1875, contained the following proposi- and next in re_gard to certain qnestions in i·oference to the taxation of tho State, tions: that you consulted a '(lamphlet; ha.va you it 1 "First. The recognition of civil and political eqBality of all men as est.'\blished .A. Yes, sir. [Witnl'ss bands pamphlet to Senator BAYAUD.) by the Constitution of the United t:itates and tile amendment~ thereto. Q. This purports to be a speech delivered by Mr. MOitTOY in the United States "Second. Fa\'Oiing the education of all the children of tlie State in public school, Senate in January, 1876. susta.ines, sir: I did. litical opponents in Mississippi. Mr. Morgan has been in Washington employed, Thus it '''ill be seen that, while bein~ examined as a witn('SS, Captain Fish!3r as he says, as a claim agent for several months. He was in communication with based his replies upon tho speech made by the honorable Senator; and y~t be ad- the majority of the committee for weeks prior to their departure for Uississippi. mits that he himself had furnished to the honorable Senator the statements con- His testimony could readily have heen then taken, and some opporttmity thus af- tained in that speech; that he had not personal knowledge himself, but that the forded for calling witnesses in reply, but be was withheld until the return of the spcel'l1 was prepared in the city of Washington from the newspaper-clippings which committee to W ashin~on, and examined at the very close of their sessions. He b A, Fi her, as the editor of a patiisan paper, had made from time to time in the State stated, at page-, that he went to Mississippi at the close of the war, rented of Mississippi Thus, if Mr. MORTON quotes Fisher and Fisher quotes MORTON, the land~, and commenced plantinJr, but from various causes failed and was sold out, com bincd authority of the two can be no greater than that of eitber, and either and and became insol•ent; that he was receive1l with the greatest possible kindness both rest entirely upon mere hearsay ana information for the assertions which are on every hand upon lJis first comin"', but soon lost hiR popularity with the whito di1!Uified by the utterance of a Senator in Conwess. people. to whom he became exceedingly obnoxious. He-omitted to inform the com- During tbe canvass that preceded tb0 election of November 2, 1875, there were mittee that be had marriP..d a colored woman, which fact was stated by Dixon ancl four political disturbances ending in the loss of human life and bloodshed, in regard Foote, colored witnesses, and his political associat.es, at pa~e -. Upon his fail- to which mncb testimony ha.s been taken uy the committee, and which have mamly ure in business he immediately embarked in politics, anu bas thoroughly con- sen·ed as the hasis for tlie wholesale accusations against the white people of Mis- trolled the county ever since. Attorney-General Harris, in the letter hereinbefore sissippi with which. the public press and the ears of the northern people have been cited, classes him among the disreputable associates of Governor Ames, and says industriously filled. that when a State senator, be offered to sell hi'l vote for $2,000; that Raymond, I. A riot at Vicksbnrgb on the occasion of the celebration of the 5th of July, the State printer, refused to pay it, saying that be bad already paid him $900, and (the 4th of July bappenint; on Sunday) that was enough for that vote. Morgan was also chairman of the late republican II. The riot of Yawo City on the 1st of September. State convention. HI. The riot at Clinton on the 4th of September; and The marriage, to which wo have allnfled, and his evil repute encouraged a po- IV. Friar's Point on the 9th of Oa<'.ober. litical associate named Hilliard, and a. former sheriff, to run against bini for the In regard to the Friar's Point riot, tbertJ is no testimony whatever except what nomination of sheriff. The convention nominated Morgan · but Hilliard bolted is contained in t.b e statement of Governor Ames, at page 26, and of Senator Alcorn, and ran for the offic0, calling to his aid whatever opposition he coultl muster. At at page li7. Governor Ames charges Senator ALCORN with being personally respon- the end of the election in 1874, Hilliard, bein~ in office, refnsed to give it up to sible for those occurrences. This he does upon the information of others, not hav- Morgan, except upon terms to which Morgan refused to accede, and claimed that ing been personally present; but Mr. Alcorn, who was peraonally present. gives Morgan bad not qualified according to law. Morgan proposed to take possession in full the history of his participation as a leader in that whole affair, and divests of the office by force of arms, and did so, and killed Hilliard, who resisted him, an1l it entirely of such political significance a~ is referred to in the resolution appoint;. with his party friends shot other adherents of Hilliard. This riot, occurring at ing this committee. the conrt~house, invol•ed none but members of the republican party. (See deposi- Hetestifit s that the difficulty originated in the party schism between his adher- tion of Foote, page-.) Those who were killetl and those who killed them were ents and those of ~vernor Am ~'s, in which the democratic party, or, what is the alike repoblicanR. No democrat was conccrnotl in it; but the friends of the mur- same thing. the white people of Mississippi, hatl no share. He statest....a.t page 69, dered man caused the arrest of Morgan, who was committed without bail, waiving the cause of the riot, which was, bis personal difference with John ilrown, the any bearing before tho committing magi.Rtrate. He immediately, bowe•er, sued 11egro sheriff, antl the organization by Brown of a large body of armed nea;roes, out a writ of habeas corpus before Chancellor Dreman. who, after a. bearing of five several hundred in nom tier, well armed and approaching the town of Friar's Point, flays, refuse1l to discharge him on bail, antl re<'A>mmitted him tQ prison. Morgan threatening to sack and burn it. was then, at l1is own request., removed to the penitentiary at Jackson. He was, as Mr . .Alcom organized a. force, and with his "double-barreled shot-gun" beaded his correspondence with Governor Ames shows, (see pages 102 and 103 of the docu- theroved beyonrl doubt to ht~.ve been ditor and proprietor of a newspaper published in Jackson, in which, it seems, be with a reasonable degree of certainty. A political meeting at which a. barbecue had as8ailed Judge Cowan, a citizen of the county. Judge Cowan and Cardozo wa~ to be had was called at Clinton, a village on the Vicksburgh Railroad about met at the railway station at Vicksburgh on the morning or the 5th. .An al.terca.- twelve miles west of Jackson, the capital of the State. To give celebrity to the tiou took place between them by reason of the scurrilous article by Cardozo and a OCcallion, ~vernor Ames and other leading memhers of his party were announced collision ensued. Cardozo was assisted by a white man named - - , and with to be speakers, and by an arrangement democratic speakers were also invited and his aid, the attack of Cowan was foiled aml Cardow got off in safety and 1'6\'-Ched a portion of the time for discussion allotted to each. It wa.s intended to be a granrl the court-bouse and took his place in the meeting. A few young men, supposed to demonstration on the part of the republicans, who attended in large numbers, esti- have been friends of Cowan.,. followed him to renew the conflict, and finding there mated at from eighteen hundred to twenty-five hundred, of whom upward of twelve - - - . who had interfcreu between them at the depot, an encounter too. k place hundred were men. The whites were a mere handful, by the best informed wit- in which--- was shot by some one unknown to any mtness who testified. nesses supposed to be from shty to seventy-five, republicans and democrats. The testimony discloses (see dt~position of--, pa~e -, and the deposition of The number of white men who participated in the fight that ensued wa.s proba- - - , at pa~re-) tbat but a single shot was firocl in tue buildinj!, whioh resulted bly from ten to fifteen. The parade of the republicans, composed wholly of colored in the wounding o f - - , who lias since absconded from the State. After the men, was unnBllally large and carefully arranged. Eight btmdred and ninety shooting of - - the meeting, composed chiefly of colored people, scattered in moun ted colored men were counted by Captain Montgomery in the procession. (See ~reat confusion. Shots were fired over their heads, one of which struck an old col- his testimony, page 543.) orcll man who was on the sidewalk, not concerned in the meetin~. and caused his death. The indignation of the men who bad sought Cardozo cQntinued; search NUMBER OF WHITES AT CLISTON liEETING. was made for him, but he was se(;reted in an upper portion of the building and Q. How many white people do you suppose were present at the Clinton meeting, filially managed to.escape unhurt. The mayor of tho town, Dr. Leary, appeared at the original meeting ~ promptly on tho scene and soon brought everything to order. The riot bad 1ts ori- A.. At the barbecue 1 gin in the personal encounter between Judge Cowan and Cardozo, bad no feature Q. At the barbecue. of political intRnt, antl the loss of life was confined to the old CC>lored man, who was A. I think not over twenty-five or thirty; thirty at the outside. shot accidentally ~y some unknown person. The person who was wounded in the court-bouse was prown to be avery disreputable man, and was either a bar-keeper NU.MBER OF COT.ORED PEOPLE AT CLINTON MEETING. or the partner of a negro who kept a low drinking-bouse. He having absconded, Q. How many colored people 1 m• proceedings have oeen taken against the person who shot him, nor i8 it known A. I counted eight hundred men in line, cavalry. whether his wound is dangerous or not. The disturbance of tbiR innocent and Q. Besides that, bow many ~ peaceable assembly was undoubtedly outrageous. and deserves the greatest repro- .A. Besides that there were, I reckon, four hundred or five hondred on foot, besides bation; but it is impossible to believe that It was in any way or ed in September, lf!75. His deposition truth by one young white man named Neal, from the town of RD.ymond, stand- will be found at pages 329-378 of the tes<;llnony, and the reliabillty of his statements ing in a group of two or three of his companions not many feet from the speaker's is att~sted in the strongest terms by all tho republicans who ha\e beon examined stand; but Captain Fish or in h1s testimony, (see page :>36)- in relation to tl1is affair. Judge .Alderson says of Mr. Johnston, at page 30ll Q. Was your speech interrupted by the shooting or disturbance that occurred or were you interrupted by remarks made 1 l>y Mr. CAlffiRON: A. I do not know that any remarks were made t() me; if there were I did not Q. If Mr. Frank Johnston made a. statement that he had made a thorou~h exam- ·bearthom. ination, would you condudo that that was absolutely true or merely tha.t ue really Q. We have had a great deal of testin10ny about the Clinton :t.ffa.ir, and the wit- believed that be ball made a thorough examination¥ Jlesses wero not certain, when you were speakin~hwhcther you beard tht>se inter- A. I woulcl not conclude anything; but whatever Mr. Johnston would investi- ruptions noticed by men standing by, and I thoug t I would ask you whether you gate and state upon his word of honor, that I would give credit to. I do not know beard them or not.. s. man for whose moral worth I have a higher respecL than I do for Frank J obnston 's. A . I hoard, subsequently to the riot, when I got home, that such expressions had And his high character is equally attestellowed b:y a general di~charge of fire.arms, and in the m8lee, which the whites who were present, as it wouM have been little less than madness for caused inten-se confns1on. two colored men were killed on the spot anrl four or five twent.v·fivo or thirty white men, not more than half of whom were armed, to have were wounded. The ne~oes were rallied and commenced ptll'suit of the whites, precipitated a confi10t against such overwhelming odds. (See Fisher's testimony, who, in a g-roup numbenng about eleven men, retreated from the field. pal!:eS 521 t() 52.1.) . Martin Sivley antl Thompson. white men, were overtaken, killed, and their bodies As an illustration of the absence of any anticipation of difficulty on the paTi of mutilated. Thompson wa..'l found in the 1mblic road, nearly a mile from the scene the whites, we refer to the wstimonyof Captain Mont.gomery; (page 541,) by which of action, shot through the head. Charles Chilton was killed in his own yard, and, it appears t.hat, having been asked to fill the appointment of another democ'r at who as it appears by the testuuony of Captain Montgomery, (page 54J)- l1ad intended to speak a.t Clinton, be attended tho meeting without even a pocket- knife upou his person, and that., taking tile train from Eel wards's Station to Clinton A.BOUT THE WffiTE ME.Y KILLED. in company with Harney, the coloreornoinminll that thisa.ffra.yoccuiTingbetween a.merebamlfulof whites shot right near his house-the very man I had t'loken dinner with, and there was and a large and organized body of colored men wno were to meet in the prt>.sence of not a more quiet, inoffensive man in our county. It was Charles Chilton, the the governor of the State, their peculiar and especial champion. who had to usuhis brother of John Chi! ton, w bo had before that been an active republican, :md a lead- own words, "united his fortune with theirs;" who held the entlre exccuti\O power ing republican of the na.t.ive Mississippians of our county; and at that riot he of the State; was also in a p01iticalstronghold of tho republican party whieh con- threw up the sponge; he said be ha!l given $100 in money and in beef, and the trolled every peace officer; tba .., every means of repressing or punishing disorder heart's best blood of his brother that day, and he was done. was in the hands of officialR of that party ; thtlt within twelve miles was a force Q. By whom was his brother killetl1 of United States troops encamped for tho alleged puryoso of snppreRsina riot.. It [\ .A. By the negroes. seems impossible to believe that snch a collision could be brought on by tho minor- Q. How far from the original scene of the riot 1 ity under such circumstances with a view to produce political effect. Such a. .A. Right at his own gate he was shot; that was one hundred yards, I suppose. view is irreconcilallle with any suggestion of human motives of which tho under- Q. Was be in the affray 7 signed havo any knowledge. A. No, 11ir. The.re wa~~ such a stampedE~ and rush that the negro men were rid- It may here bEl noted that Major Allyn. in command of the United Stat-es troops ing and ruunlng over their women and children; and there was such confusion and stationed at Jackson. was at Clinton on tho night of the riot, (see pa.:re 331,) and was ballooing toot he ran out to his ~ate. He carrieu his gun with him, though, whlch in J hokson during tile sessions of tl1e committee, in intercourse with the maJority was very natural ; ancl he banded his gun ton negro boy standing by him, and said, of the committee, but not examined as a witness. "Take this." Now, that is the w~.v tho t.rilllg was told me. He was standing This, wo bclio\e, comprises a. list of tho pul>lic disorders prior to the election there helping the women aml the children u~to his yard to ~et tl1eD1 out of the way in relation to which testimony Las been taken l>y t.h e committee. There are othPr of the stampede and of the horses, and as he turned his back somo of the men in casr·s of homicide anti violence, to which we shall hereafter refer. The munlcr of the road fired and shot him. .After finding that there was no armed body on tho William P. Raffa,, a whito man, as uet..'liled l>y his wife at pa.p:e 483, and by t.ho tos· t()p of the hill and several men from the town be~au to a.<>sembl~but before that timony of Capt.ain Montgomery at page 547, occurred on t-he 6th of September . time the negroes ball gone off in companies, and they seemed to be assembling, and This murder of Raffa. seems to ha\e bcon an atrocious crime, and two important I thought we had better make for the depot, and .e;et possession of that, aud send facts appeax in the t-estimonv of h1s widow a.nd tlaughter, (see pages 483-490.) ouo for asslStance t() some other point to holp ns-for I thought it was very llkely that of which is thefailuro in public duty: which cost Raffa his eral one already maue by Captain most. vriant rumors. • The negroes wore reported as massing at a short di:;tanco Montgomery, a. democrat. · from tlie town, proposin a to attack and destroy it. Their declamtions nnd cries Mr. Raffa would not appear to have been altogether the blameiess citizen flo- dllring the conflict had 6'een of an alarmin~ diameter, and spread great dismay scribed (naturally) by his widow. among the citizens. Instantly tho telegrapn was put in requisition, and boilies of Capt..'lin W. N. Montgomery testifies, nt pRges 547, 548, as follows: men at Vicksburgh, Jackson, and Edwards's Station basttly met together, armed A.BOUT MR. BAFFA. with every variety of ~eapon, and taking the train reached Clinton on the evening of Saturday after the not bad occurred and the negroes had left the town. It 'las about that time that Raffa's death was reported. A ha.'lty attempt at organization was made by the election of Captain William Q. 3t.a.te what you know about tha.t. A. Montgomery to tho command of this unorganized and hastily collected force A. I don't know anything auout it of my own knowle(lge. I knew .Mr. Raffa. to the number of several hundred. Captain .Mout{?:omer.v testifies (see page -) Q. Who was he 1 that he immediately caused a mounted patrol, lea by him in _person, to ma.ke a A. He was a. man that was from Chicago, bronght there by Dr. R.obinnett, fort he circuit of the town and ascertain whether any immetliate attack from the negroes purpose of working on his farm, some seven or eight years ago. I got twenty at was to be apprehended. He discovered no one, and no shot was given or returned the same time myself. between his party nnd the col?red men, nor wns thero any collision or disturbance Q. Twenty what 1 wbatlever. He returned t() Chnton where the white men had collected under arms, A. Twenty laborers from Chicago at the same time, white men; and, by the way, and 1inding a want. of subordination among them be resizn~d his position as com- the last one of t.bem ran off .a.nd stole a.ll my mules, and I lost every cent that I mander, because be would not take the rfl ponsibility of prMerving tbe'peace with- made. 'l'his man Raffa. was one of them that Dr Robinnett got. He worked about out ha\-ing the power to do so. 'l'hisi11much to be regretted, forbythetestimonyof three clays witb Dr Robinnett, and then went to William Bush's and hired himself all witnesses who have made any reference to Capt:un .Montgomery, as \vell as by to a negro man who wa-11 renting from William Bush. After living there two or his own testimony before the committee, he is evidently a. man of high and cool three weeks and doing a good deal of mii!Chief, Mr. Bush and some others went courage, of generosity and integrity of character. over there and took him out and ga.ve him a flo~gin~. and .Bush was up l>eforo the Thus left without a leader and det>ply excited by the events of the day, infuri· United States court, but the suit was dismissed. This flogging placed Raffa. in a. ateery bad man, I judge, ~"QI!l everythin~ that wa.s said about him. a colored man in his employ at the time he received hisdeath·wouncl. Atpage543, Q. Do yon how what his reputation among tne blacks was~ Chilton is pro,en to ba\e sent J.rovisions down to aid the colored people in their .A. I recei\eda dispatch inquiring for some one who could testify in regard to the barbecue. .Martin Sively had no connection with the commencement of the affray. Raffa caso from here, and the firstman tha.ti inquired about was a. negro man living The numbe1· of woundecl whites was unknown, and was doubtless enormously ex- on my place, who brought the dispatch from the telegraph office to me-[ live fh·eor aggerated. As a consequence, the more ' 'iolent and lawless of the men who bad six miles out iu tho country. I asked him if he knew anything about tho killing of collected undrr arms obtained the ascrndencv. They visited the homes of the ne- Mr.Haffa ; amlhesa.ys, ".N'o, sir, I don't; butheoughttoba.vel>een killed long before groes in the vicinity of Clinton who, they ha·d been informed, had been connected hewa ." I said, '·Why,Ithonj:!bthe wasagoodfrirndofyours 'l" Hosa.ys "~o with the affray :mel the ldlliug of their flitmds, and outrageously took the lives of sir; he done too much steallng in this conntry, and be ought to havo been killed seven or Pigbt of 1 hefle men. It was the rei_gn of terror and lynch law in that long a15~· " If t.llis will be allow u as testimony, I will say what tbis negro told me nt>i~hborbood from late on Satnruay night until Sunday morning. .Aftout .uaffa. lie says, '·Well, sir, when be was elected magistrate be sc.nt for all no oisti.nctly authenticated case of murder growing out of the Clinton riot was Qf us t() come up and get our mules that the Government was going to give to ns, 'es1alllished bofure the committee. ~d he said that it took ~5 apiece to get t11e mules and pt~.Y the frei,!!ht on the Tho circum_::t auces of t.ll.J riot were carefully and diligently examined by Mr. mules." And he said that they gavehiDl $5, about two hundred of them, but that 1876. CONGR~SSIONA1 RECORD-SENATE. 5289 he did not give $5, as he did not have it· and at the time appointed to get the mules And also the following correspondence: they cnme there, nnd Mr. Raffa said that they had so many m~es for ~he blacks l OCTOBER 4. down there, and. they had such a ~eat long train of them, tba.t m passmg under- DEAR Sm: I ain directed by his excellency the JrOVernor to inquire if it is possi· neath a tunnel the whole thing caved in and killed every mule, and they lost ble for us to obtain~ for transportAtion of (300) three hundred men and equipage their $5. . for two hundred more. The equipage will require a box-car. The time for using I smd, "You are surely mistakf'n J you are joking about that." He says, "Joking! the train to be fixed at a day Wlthin the next t:wo weeks. Train to rnn from Jack· I am notjokin~; I can get you a ao:ren men in five minutes that gave him f5." son, Mississippi, to Vaughn's Station, and to relll&in under orders until the men Well, on inqmry I found that his reputation wa.s very bad among the negroes, are returned to ,Jackson. although be nad been elected to office by them. Very respectfully, Q. Do you know anything of the circumstances of his death I A. G. PACKE~, Adjutant-General. A. Nothing in the world. E. D. FROST~, Q. Did you hear of it at the time I General N..oMgttr N. 0. A. L. ~ 0. R. R., _New Orleu,m, LouiriaM. A. Yes, sir; I beard of it; and why it should be done for politica~E~ses-1 bave no idea. that there were any political purposes or object in the · · g of Mr. Haifa, because he had many £allings.out with his neighbors; he was a terrible 0cTo:J:JER 4. man to fall out with his neighbors, and they had all sorts of difficulties with him. Sm: Yours of tho 3d ultimo received. General orders are issued for the militia I have no idea tlmt there was any politics in the killing of Raffa in the world. of the State to enter active servioo; your offer -will receive due consideration. 1t was not on account of any politjcal differences of o:pinion that Raffa. was killed. Very respectfully, Q. Had lou any application from Mrs. Raffa for assiStance 9 A. G. PACKER, .Adjutant-General. A. I ba ; and paid her $50 at Edwards's Depot. She came there and applied to W. R. STEWART, Esq., me for MSistanoo, lrirkwoo~JC~~~pt NEGROES ORG.lli"IZED AND MADE :trrfi"Y DEMONSTRATIONS AND THREATS AFTER CLINTON. OcTOBER 1. After this difficulty was over in Clinton the negroes organized in companies throughout Hinds County, and made many demonstrations and threats to make an SIR: Can yon furnish iive thousand (5,000) rations of pork or bacon and bread I~ ,.. attnck upon the town ana kill all the peop1e; s~nt ?n. wo~d that they were going to commence from the cradle and go uv.~ Well, srr, livmg m such a country as I do, under the autl:wity granted by the Secretary of War for the militia of this State 1 If possible, amp immediately to William Noonan, superintendent State peniten- it is well calculated to arouse a mans fears, if he has got any. I live on a public tiary. road, myself and one other white man, and there are seventy-six negro men on the Very respectfully, your obedient servant, road and only us two white men; and it is very reasonable that if they wanted to A. G. PACKER, Adjutant-General. hurt us they could do so. The COMMISSARY OF SuBsiSTENCE, Department of the GUIJ, New Orleam, Louisina. THE WHITES ORGANlZE TO PROTECT THEMSELVES AGAINST THE ENCltOACHME~iTS OF THE BLACKS. We organized ourselves into oompanies for protection then against these negroes, SEPI'EMBER 2. into military companies. I was captain; was elected to take command of five or Sm: I am directed by his excellency the governor to transmit the inclosed du- eix of them, in different parta of the county. It was simply and purely for protec- plica~ ~eq~sitions for ordnance and ordna.nce stores on the quota of the State of tion; not for any political purpose in the world, hut to protect ourselves against MiSSlSSlppl. the encroachments of the blacks. I have the honor to be, very respectfully, your obedient serTant, A. G. PACKER, Adjutant-General. HELP TO MRS. HAFFA. Brigadier-Gtmeral S. V. BIDffiT, Q. Why was this application made to you by Mrs. Hn.ffu 7 Ohiq of Ordoonce, Wa&hington. D. 0. A. As being in command of this military company. I suppose she was sent tome by some one. She was inquiring about where she could get assistance, and she SEPTE.MBER 27, '5. was sent to me. She told me that Raffa's father waa a man of considerable wealth D. APPLETON & co., and influence, and that when she could get home she would be cared for, and she Broadway, New York, N. Y. :- wanted to ~et her family out of the country; and I banded her $50. Where she went I don t know, and I have never seen her from that time to this, and I never At wba.t price will yon furnish one hundred copies Upton's Infantry Tactics and saw her before. ten sets of copies of the three different arms i Answer. Q. Was that a gratuity of your ewn to her, or did you owe that money to her A. G. PACKER, husband? · Adjutrr,nt-General M~Bisaippi. A. No, sir; I never owed the money to anybody. After I handed her the money some of the men there in the neighborhood went around and got up a subscription. SEPTEMBER 27,'5. This does not in the least lessen the crime, but may have weight in assigning Brigadier-GeneralS. V. BENET, some other cause th:Jn political pr~udiceas the ori~ of his murder. Ohiej of Ordnance, Washington, D. 0.: The result of the Clinton not and the affray at Yazoo City had the effect of ag- Can you furnish fifteen hundred haversa.cks on our quota.t At wh3t price1 gravating the excitement and feeling between the two races. Instead of causing Please answer. tbela.w to be respected by a prompt and vigorous use of its powers, it would not A. G. PACKER,. appear that Go.vernor Ames and his State administration took any of those steps Adjtuant-General Mississippi. which un«ier a government of laws a ruler should have taken to punish the offend- Can there be any doubt of the object and intent of this corres~ondence 1 ers and prevent the recurrence of wrong. We have not been able to ascertain that These warlike preparations so made by the governor of the State were not onlv a prosecution was ever set on foot agamst any one connected with these riots, or 1.-nown to the citizens, but created in the minds of the colored population the belief any attempt whatever made to apprehend and punish any of the wrong-cloers. On that all the powers of the Stat.e were to be arrayed in behalf of their political part.y , the contrary, it would appear from the .order-book of Governor Ames, which was and brouaht upon the whites the conviction that they were to be placed not only produced before the committee, (see testimony of E. Barksdale, p. 468,) that his in &reat 8anger of losing their political liberties, but also their lives and those of favorite and only remedy-the bayonet-was looked to by Governor Ames. On the tbeu families. The condition of feeling created by such a belief cannot be jnstl.y 24th of September a circular letter waa addressed by Ames to the republican sher- estimated and considered in the calm security of a committee-room as iu the seclu- iffs of cert.ain counties in the following words: sion of a country home where a. planter resides, far distant from any white neigh- .. SEPl'EMBRR 24. bor, too far for the cry for help to reach any friendly ear, and J..-nows that he is sur- " Sm: I am directed by his excellency the governor to inquire if any militia or- rounded and fearfully outnumbered by men of a different and antagonized race, n. ganizations are needed in your county to assist the civil officers i race which, while possessing many amtableand placid virtues. is yet highly animal "Are there any threats from the opposition, that, iu your ,judgment, will be car- in its organization, and, once becoming infuriated, will, as history has shown .. be ried into effect; and if so, will it be possible to hold a quiet and peaooable elec- capable of brutal excesses which their reasoning powers are entirely unequal tQ tion ¥" controL It will be observed that this lett~r was not in response to any applicat.ion for aid, As a result of Ames's threatened organization and arming of the black militia, and had evidently not beenlreceded by reports from any quarters of violence, the threats of the blacks multiplied. Their habit of meeting wa>!l always at nigbli, either actual or apllrehende . Governor Ames was plainly seeking for informa- surrounded by the mystery of darkness and the refusal to hllow white people to tion that would 4uetify, or rather give him the pretext for the use of armed militia. take part in their assemblies, page 547: He inquires "if ' there were threats from the opposition, and whether, in the opin· THE STATE MILITIA. ion of his a,:rents, such threats would be carried mto effect; aud "if so," whether a peaoea.bleelection would beheld. Nothing could more stron_gly show tho tP.mper Question. Was there apprehension in the minds of the white people in Mississippi, and intent of Governor Ames than this spontaneous, unsu!!~ested solicitation of growing out of the organization of the negro militia by Governor Ames 1 opinion from his parti&an sheriffs, for no such inquiry was dfrected to any but his Answer. Yes, sir; a very grave apprehension. This militia was oraanized some political confidants. time after the Clinton riot. These companies that were at Clinton that ran off from The answers to these circulars do not appear, but the su_ggestion no doubt was the scene of action, the most conspicuous members of the Clinton dot, were taken to acoopted and produced the desired results. Tl.te negroes were thus informed ·that Jackson and were organized into military companies by Governor Ames, and guns they were to receive armed protection, and that they were to be armed theDISelves placed in their bands and sent back to their homes. They said t.hey were afraid to go for political purposes. back; but those who were afraid to go back had taken a \·ery active part in the In a speech niade by the colored bri~adier-general, Gray, when he returned to riot, and in staying away they induced others to stay, because they knew that if they WashingtoJl Countv alter an interview with GOvernor Ames, to which allusion has should go in that capacity the governor would be pr·etty apt to put them in military been maile, the ann"ouncement was publici~ made by him that Governor Ames was compaDiea. and they would go back home with their guns, draw tho pay of $16 a to give the colored militia arms to secure the election; and such no doubt was the month, which was just as·good as they could llo at work at home; and of course quite information given in other parts of the State. anumberofthemostruffianly fellows wereorganizedintothismilitia, and they came In pursuance of this policy of intimidation and violenoo we find on the 6th and down to our place. '7th of October special orders published by the adjutant-general, which clearly ex- Q. Now, as a fact, in your county were the white companies that you speak of, plain themselves: · ~;ncb as you commanded, organized subsequent to the negro organizations you have [Special Orders No.lO.] Q~OOof! . OCTOBER 6, 5. A. Y cs, sir; we never thought of organizing until we found the negroes organized Brigadier-General William F. Fitzgerald, fifth division Mississipl'i State militia, could get in among them. They were drilling and were organized allasover and drilling at night for some purpose whiCh we could not tell, no wh1te men the county will order Captain W. C. Mosely's Company D, Second R~giment Infantry, Hinds before any movement took plaoo on the part of the w bites. County State militia, stationed at Edwar1ls's Depot. as soon :LS arms and ammuni- tion are distributed to them, to report at Jackson, Mississippi. Their political consolidation is shown by every witness to have been complete By order of the commander-in-chief. and that so organized they were wholly and helr)Jessly in the hands of the few white adventurers who were their absolute political owners. On this point see the A. G. PACKER, Adjutant.Gener~. testimony of Mr. Walton, the present United States attorney in Mississippi, at pages 49-50: [Special Orders No.7.] ORGANIZATION OF THE BLACKS. OCTOBER 7, 5. Question. What is the nature of the organization, so far as yon know, among the Lieutenant-Colonel 0. L. Lee, aid.de-camp on the staff of the commander-iii-chief, colored people1 is hereby ordered to proceed to New Orlenns, Louisiana, to make nny and all ar- Answer. Well, sir, it is one of those cases which, in my judgment, arises always rangements with the N. 0. Lt. L. & C. R. R. Co. for transportation of troops and out of the exist~nce of a class of people who are ignorant and who are compara- supplies of the Mississippi State militia. .., tively helpless in the presence of a much more powerful body of people who, al- By order of the commander-in-chief. . "' though they may not be stronger in point of numbers, are stronger m point of force A. G. PACKER, Adjutant-General. and intelligence. The negroes consequently herd together. They do so publicly, .5290 ·CONGRESSIONAL RECORD-SENATE. A"GGUST 8, and they do so more espeoially in secret. That is to say, there is a. silent organiza- levels all law. It is like a fire which consumes all in its path. wben, therefore, tion, exis tin~ not professedly as an organization, but existing still, in point of fact, responsibility is to be affixed, shall we seek the cause or content ourselves wit bile- everywhere that I have ever been, which prevents the intercourse between the two scribing conseq ue,rces only 1 Governor Ames had either ignorantl.v or willfully, races from being candid and free. built up a condition of animosity and antagonism between t.be white and coloretl people of the State of Mississippi dangerous to the safety and peace of bothJ until NO MUTUAL CONFIDE~CE BETWE£N THE . RACES POSSIDr,E. exCitement bad usurped the place of reason, and force, with its rt'.medies, nad in I am, myRelf, very well acquainted with ne!!I'oes; I have always been in the some few localities taken the place of law. habit of dealing with them o.greatdeal; IhaveaTwaysworked agoodmanyoft.hem; There is no evidence that Governor Ames sought to exercise any of the civil and I must say that my intercourse with them has been of o. character to make me powers intrnsted to him for the pacification of these aisordercd localities. .As believe it impossible for anything like mutual confidence on political questions to usual, his recourse was barl to the armed power of the Federal Govormnent, and ari e between the white people ann the nc~es. I don't see bow it ever can arise, his correspondence with the Att-orney-General and Secretary of War aro well and I do not believe, m:ysclf, that it over will I think this is due to the enormous known to the Senate and the country. Failing in establishing, and being unwill- gulf between the races mall social relations-that con1hlcnce which springs from ing to alle~e. that condition of affairs within the Stat-e of Missis ippi wh10h alone personal friendships and an unrestrained social intercourse being, in my juagment, under the Constitution of the United States authorizes the armed intervention of an essential cement to a political party, and being absolutely out of the question, tho Federal Government, the scruples of the President and his legal advis r. Mr. between the white and black mces. · Pierrepont, withheld troops from the aid of tho republican party in Mi sissippi \ Q. You speak of an organization among the negroes; what do yon mean by At page 2 of r:ri)vernor .Ames's testimony he testifies as follows: . ; that ; that they are organized in bands, under the commancl of any uarticular per- "In view of that st.'lte of affairs I applied to the President of the United Stal.es sons, or that they are associated together from tho fact that they are of the .15ame for the protection of the United States, which was not granted. Subseqnentlv, the race and community of interests, or both 1 . .Attorney.General, I presume at tho suggestion of the President, sent au agen't and A. They are not organized in bands. two detectives at my request." { Q. Or in <'.llmpalies, under officers, and having a general hearmerl by tbe witoesRoR, Tlio arming of the citizens of Yazoo County, their organization into companies, "treaty of peace," was hitrhly favor-able to a. better confljtion of thiu!!f!, aud clid under the lead of their nwst. conservative anu respected-oitizeuR, in some of which much io alhy the excitement nnll J.>Olitica~ ~ntagonisms which Wl'J'e Ao rifo at t.b;~t white republicans were enrolled, was for tho a•owed purpose of resisting the ap- period.. Some of the result'! of this conmliatory course wt~re shown b.v the nornt· proach of the colored militia of .Ames, intending by force to replace Morgan, the nation of joint committees by tho two parties in seveF.tl of the countic upou the t~layor of llilliard, in the ofiice of slleriff. When once a condition of desperation fair basis of compromise and good j!Overnment. .Men of character, repnblirau and and excitemrnt has bC<.'n crcatefl in anv community; it is in nin to look for the rule .,Pemocrat~J, were thus placed upon the same ticket in Madison County ancl in other of pe'lce and law. Tho porturhing force tbn.t breaks down one law or the law drs- ~ountie s , and, as a. con8eqnenco, no further collisions of a ser ion naturo totes is to be fotmd in the pregnant fact that the republican vot.e in the State of Mississippi in 1875 was within 3,~91 of the vote polled at the last preceding gen- eral election in 1873. (See election tables in the testimony of Governor Ames at pages 37 and 38, and documentary evidence of the committee, pa~e \144.) The com- bined vote of Ames and ALCORN for governor, in 1873 (see page 138 of documentary evidence) was 126,378, and the total vote of both partif'.s in 1875 was 155,886, show- inJZ an increased total vote throng-bout the State of 29,508. It is abnndantly e~tablished that for the first time since 1868 the democratic-con- servative party was perfectly united and thoroughly and well organized, and con- ducted their campaign with an nnprecedented interest and vi~or. The republi- cans, on the other hand, were, as we have shown, disorganized and discoura~ed by schisms in their party, many of them, black and white, thoro-o.ghly disgnstea with the conduct of their 'rulers, and, to use the language of Judge Ranis, heretofore cited, were convinced of the "imbecility and base corruption of the St.'\te admin- istration and a few adherents." There can he no don bt also that a considerable and encouraging inroad was made in the heretofore impenetrable phalanx of the colored vote, a. considerable portion of which wa.s cast for the democratic ticket in Hinds County, the offici.1.l residence of Govemor Ames himself, as well as in many other connties, which reasonably and fully accounts for the increase in the democratic vote and the changes. In- crease and changes in vote even more remarkable can be fonnd in the election 'r returns 'of the States of Massachusetts, New York, and Indiana, not to mention other States, in the election of 1874. The whole number of witnesses examined by the committee was - - - - . Their testimony r elates to twenty-two counties, leaving fifty-one connties in the State in regard t~ whose affairs no fact of any charader was alle~red before the C'.ommittee. Of these twenty-two counties the chief portion of the testimony related to Warren, Hinds, Monroe, Chickasaw, Madison, Lowndes, Claiborne, Amite, Ya1oo, and Washington. · . W(trren County-Warren Connty, which contains the city of Vicksburgh, is one of the most popu1ons and wealthy m the State, having a white population of - - - and a negro population of--. There were-- witnesses exanlined in relation to the aftairs of this county, which may be summarized as follows: That which gave rise to most turbulence and disorder in the spring of 1875 in the coont.v was the contest between Bedford, the white deputy of Crosoy, the negro sherift' and Flanagan, a democrat, both seeking to obtain the nomination of there- publicans and the indorsement of tlle republican convention. (It wm be remem- bered that Flanagan was the person whom Ames displaced by force of nrms from the office of sheriff in 1874, and by the s:une process re-established Crosby, whom t.be citizens had rejected. This gave rise to the "Vicksburp:b riots," wh1cb were fully investigated and reported upon by a committee of the Honse of Representa- tives.) In tlie course of the contest to obtain this nomination there were several homicides committed by the respective partisans of Flanagan and Bedford, and there would seem little doubt that Flanagan's nomination by the republican con- vention was in a large degree influenced by terrorism. The cases of homicide wore - - and one of wonnding. In all of these ca-Mes indictments have been fonnd and prosecutions commenced. The perpetrators of tbest- crimes were known and have been arrested and held to bail to be tried iil. due course of law, and it is t~ be hoped will be duly punished. These crimes did not differ in their nature or their facts from such as are incident to any illy govemed community, and their parallel can be found too frequently in the lower strata of politics in many of t.he northern cities. '.fhere is, however, no trace of testimony which can be jnstl:y relied upon to connect t-he commission of these crimes with the democratic orgamzation or its objects 'l'he respect.'\ble men viewed these crimes in MiHsissippi with the sa.me abhorrence they are viewed else- where. '.fhe election in Warren Connty in November, 1875, was characterized by the grossest frauds, and it seems impossible that such should not 'ha.ve been the ca-se. when the character of t.he men deliberately selected to control the en1ire machinery of election is made known. The thl'eeregistrars of election into whose bands the abRolute control of the entire election wns committed were appointed by the cir- cuit judp;e, the chancPllor, (both republicans,) and sheriff •f the county, respect. ively. The chief registmr was a man named Knaedler, republican. He was se- lected by Cit·cuit Judge Brown. Barber, republican, the second registrar, was selected by Chancellor--. P~~ram. democra'\ the third registrar, was selected by ~edford, Crosby's deputy sbetin'. The characters of these three men were sim· ply mfamous, and not{)rlOusly so. The judge who selected Knaedler had presided at his trial and sentenced him to imprisonment for life for willful murder in the spring of 1875. A writ of error bad been allowed by the supreme court, pending which .Knaedler was admitted to bail, was appointed chief regi~trar of the county of 'Varren, and received a free pardon for his services at the elecl'i.on at the hands of Lieutenant-Governor Davis (colored) a few days after the election. (See page- of tel!timony.) He admits that a thou- sand dollars was promised, of which $500 wa.~ paid, to compensate him for the loss Of his II busineSS'' in pelforming the dutieS Of registrar, the ray Of $:J pel' da,y be· ing insufficient. Barber was under indictment at the time o his appointment by Cliancellor - - - f o r high way robbery; and Pegram was a notorious professional gambler of a very low grade, a)!ainst whom indictments were also pendin;;. The testimony of a aozen witnesses discloses the strong probability, if not the absolute fact, that these cnstodians of popular rights, by the1r manipulation of the tally-list.~ and returns and stuffing of the ballot-boxes of the enti1·e cmmt.y, pro. cured a return as if elected of a pre-arranged ticket, composed partly of repub- licans and partly of democrats. (See page -of testimony, deposition of - - , ) This ticket contains some names on the regularly nominated tickets of the demo- cratic and republican parties, but other names which were not in nomination by either party, among whom is H. e. Carter, a colored man, who is now a republican member of theLepslatnre. The ticket so returned as elected was style1l by the witness the ''bogus ticket," and was proven to have been printed on paper of ape- culiar hue, but precisely the same as the paper of the regular republican ticket, the typography and ink of both tickets being also preci8ely similar. It was P.roven (see deposition of - - Richardson, page-, a republican,) that the com.1mttee t~ procure tickets consisted of W. W. Edwards, colored, and - - , colored, who went to New Orleans to have the tickets printed, and brought them back. I '.fhe identity in outward apppearance between the 11 bogus ticket" and the regu- lar republic'ln ticket leaves little room to doubt that they were printed at the same time, on the same press on the same paper, under order of this republican com- mittee. Of the time and place of stuffing the ballot-boxes and altering the tally- lists by the election officers there is no conclusive proof; but there canoe no doubt that a wholesale fraud was committed, and that a ticket not voted for in t.he connty was returned as if elected. There was testimony by Barber that some money was found in the ballot-boxes when opened, wbi.ch P e,2:ram put in his pocket. It may be mentioned t.ba.t the circnit,jmlge, Browu, was a cand1date for nomina- tion by the repnblicau convention for Congress at the time he appointed Knaedler chief repstrar. He and the chancellor wore both appointees of Governor Ames, who beul in his band power to remove either of them. He could have done so, and could have canceled iliea.ppointment.q of these three infamous registrars; but the political rights of the people of Warren cot.mt.y wero thus put up for sale through the &{rency Qf the republican State administration, and being for sale, w6 presume, tlley fell, as usual, to the lot of the highest bidder. Tho laws of that State 5292 CONGRESSIONAL REQORD-SENATE. AU:GUST 8, I sinate me. I tlwu~bt it would be too great a political blunder, so I really had no THE WHITES ARlit. feelil!g of that kina; but since then I have been informed that the thing was smi- We. fleeing that aggressive spirit, and being insulted on the streets frequently ously considered. People were seen firinl!: into my mansion, and the trees were cut. instantly called a meeting j it was totally disconnected with politics j and we armed There is a bullet-hole or two in various parts of the mansion." Q. This testimony, spme of it. at least, referreote; and altbou..;b this is weeks preceding the election 1 denied by Mr. Vertner at pages 201-203, anll204, yet the fact remains that the 2.g. A. I was occasionally, not constantly-frequently. Of course it is not my habit gregate vote of the county as compared with the former elections was bot slightly to remain, except on such occa!!ions. reduced. Q. Wore you aware that for twenty days prior to the election, and two daysafter- Amite Oounty.-Amite County was the scene of a great Oth demo- the feelings of this family in their midst; and then, not content with this they cratic and republican, was polled in Amite County at the election of 187;i than had followed our young ladios and went to our grave-yard where our parents are b~ried, been polled since the war. These distnrbances were alleged at but a single pre and trod all around there and marched back. cinct, and is the one visited by Colonel Frank Powers from Louisiana. The vifl· lence threatened to Raymond and Parker occurred since the election, bnt was in- THE WITh"ESS THREATENS THE COLORED ·P EOPLE. stigated by the same condition of feeling which Powers represented, and which n I told the sheriff-a. colored man-by the eternal gods, if ever ao-ain such a thing motlerately vigorous exercise of imprisonment and fine woulc.l speedily stop. were repeat{}d, blood was thicker than water, and we would kilfthe la-st son of a Wllllhington Oounty.-To impeach the character of the election in Washington l1itcb; that if e\er such in nits wore heaped upon us again we woulll not stand it. County a witness by tho name of Putnam was called. His testimony is to be foUll!l lie told me that tbe.v started ft·om the j:r.il with side weapons, and that he expostu- at page-. He does not allege any case of intimidation or violence of his own lated with thorn to go back, and -said that he had lost control of his people. knowledge, but that 'OJ.e election was unfairly conducted by the inspectors at one 1876. CONGRESSIONAL RECORD-SENl~_TE. 5293 of the precincts by nnnecessaril.v delaying the reception of the votes. His allega- Q. You mean up until the present year 1 tions are specifically met nnd flatly contradicted by General William A. Fnrguson, A. Yes, sir; they were aU coloreu members from the time I have been a mem- one of the judges of election, whose conduct bad been impeached by Putnam. ber up until tho present year. The deposition of General Ftuguson will be fouml at page-, in which ·the char- Q. All members of the republican party W acter of the election is fully anu, as we believe, tnuy stated. The examination of A. Well, I could not sa.y they all were. Putnam will disclose him to be a. tboroughlydiscreilitable person. His confessions Q. You have been one of the board of supervisors of Issaquena County for the of a fraudulent and. immoral life are alone sufflcient to ueprive him of credit; bnt last three years-1874, 1875, and the present yea.r9 the testimony of General Furguson, who is a gentleman of high character, supple- A.. Yes, sir. ments the statements of Putnam in regard to his own career. (See deposition of Q. Until when were these five men composed entirely of colored men; un4;il what Putnam1 page-, and deposition of General Furguson, page-.) time1 Washmgton County, by the deposition of - - and --and - -1 appears A. Until1876. to have been the scene of more than unusual misgovernment. The relative popu- Q. The 1st of Januaryf lation of the blacks to the whites was - - to - - , and as a result nearly every A. Yes, sir. ofticial was a. negro. The present sheriff of the county, Scott, a colored man, who Q. Before that time they had nothing but colored men on the board 1 wllS called before the committee, did not in any degree impeach the peace and good A. They were all colored, right from the time of my being installed. oruer of the election. Greenville, in Washington County, was the home of Gray, Q. How far from Mayerville uo you live 7 the infamous ne~ro who was appointed by Ames brigadier-general of militia. At A.. The nearest route is about fivo miles. page -, by the aeposition of - - , tho conduct of Gray and his immunity from Q. That is the county seat 9 an restraint of law is set forth as follows: A. Yes, sir. His character islikew:ise spoken of by Putnam. In short. we may here say that Q. Where did you first meet General Hampton 1 the picture of affairs presented by tho negro rule in the county of Washington, as A. In the town of Mayerville. well as the adjoining countf of Issa.quena., fairly beg~ars description. Ninety-five Q. Had you. known him before7 per cent. of the property 18 owned by t.he whites, who constitute but a small A. 0, yes, str. portion of the entire population. All powers of local government are in the Q. Does he own property there f hands of the negroes, who select the people of their own race almost wholly to fill A. He owns one plautation in that county. every office; boards of supervisors, utterly · ignorant., incapable of readin~ or writ- Q. How far fl'om Mayerville 9 ina1 unable to add or subtract or perform the simplest arathmetical problem, have A.. I coulntrmes insolent to .an intolerable dep;ree. At page -, deposition of :Mr. Q. On the rived Miller, will be found an account of the refusal of a boaru of negro supervisors to A. Yes, sir; on t.be river. entertain or receive the humble petition of the white citizens of the county pre- Q. When he met yon er a year ago, on ac- anxious for you to proceed to-day at once and make the appointments; ancl," he count of their reckless management and on account of the refusal to hear the whit-es says, "I hope you will appoint goocl men." I think l1e said, ·• I have beard that in regard to schools, and so on. Right there at Ma.yerville there wa.s a strong de- they have asked yon to resign; and" be said, "the good citizens of the countr, don't mand for a. white schooL There were some, I suppose, thirty or forty pupils, and know anything about that, and we ain't iu favor of any such doings as that.' they had uo school-house. They had to employ a tea-cher, and they got a room Q. He said that t.he goou citizeruJ of the county were not in favor of interfering wherever they could to teach in; and the people brought it to the attention of the with you1 board several times, and earnestlv requested them to build a school-bouse thero. A. ·Yes, sir. The boa.ru went through the pretense of posting a notice for bidders. The law pro- Q. And were not in favor of your resigning 1 vhlcs that t.he contract shall be let out t{) the lowest bidder. Tboy posted two or A. Yes, sir; he said if there was anything wrong about that be proposed for the • three notices, an as tbat. upon it would ha\"e been carried through that way. There was 110 race feeling. Q. Is not the maintenance of the levee along the banks of the river essential to Q. Were you present at the time when Gross insulted Major Smith 1 the safety of the property of that county '! A. I was, and left the board in disgust. . A. It is, siT. Q. What was Major Smith's demeanor in coming to him i Q. Is it a difficult and expensive thing to keep that levee in good and safe condi .A.. Exceedingly polite. tion1 · Q. He assumed nothing more than to urge the action of the board ~ .A. Of course, sir, it is. A. He asked that in a very earnest· manner, but not at all offensive. Finally, Monroe Oounty.-Monroe County lies upon the border of Alabama, toward the when told to shut up and sit rlown, he said, "By God, I am a. citizen and tax-payer, northeast corner of the State. The population consists of - - black and - - and hM·e a right to be beard here," and went away dis_gusted, and I left also in utter *White. It is not allep;ed that anv loss of life took place in this county in the can- disgust. l bad business to attend to there, but I woufu not stay on account of it. ·vlLSS or election of 1875; but the t1efcated candidate for sheriff, J. W Lee, appeared Q. By whom was tho bulk of the school-tax paid t before the committee and charged (see his testimony, p. --) that the canvass had A.. By the land-owners; white people. The negroes do not pay over one-tenth. been marked with attempt-s at intimidation on the part of demoerat.s, and that on Q. How many colored schools are there in the cotmty 1 the day of the election the colored Yoters, who had massed to the number of fifteen A. A great many. They never refused any petition to build a colored school- hundred in the town of Aberdeen under his orders, were, by a show of violence on house anywhere. They built them all over the county, an- In the opimon of tb e underSlgned, 1t was the result of sudden fury and excitement ernor Ames, and the posses~uon of those arms by Lee, the repul!lican sheriff the can.sed by terror of incendiarism, which, for the time being, depdvell men of their uneasiness and discomfort of t.be community ha.d reached an extreme point. ' self-control. Although no proof of the inlmlldiate facts attondincr the killinrrof anv The white citizens had on more than one occasion tmned out and picketed the one of these four men was bmught before the committee the report of the ~arsrui.l roads leading to their town, nig~t aft.er night, fearing the approach of a body of ~sl!lo~ ci_rcu!Dstanti~l than anything brou~ht to our ~owlec:J.ge. No consequent ne~roes armed for the destruct10n of the place. On the morning of the election mtimidatiou 1s to be inferred from the condition of tho vote · for the augreaat.e vote at oreak of day, these fears were confirmed by the presence in the town, at th~ of 1875 is a very large increase over the vote of the election'preceding~ "' C')urt-house. of a large body of negroes from the eastern side of the county, all ROLLING :FORK COLLISION. armed witk heary- bludgeons antain Lee had a number of State arms and fixee of testimony of said Ball.) " ' prevent Lbe whites from voting in the town of Aberdeen. It appears that on Saturday, the In tof November, 1875,· a number of negroes, not The whole action of theile ten or dozen men on horse-back was confiDed to re- belon~mg to that part. of the countr.v, ~ut who ~ad been· picking cotton, were paid maining quietly, disturbing no man, at such a. point as would prevent Lee from off, and were engaged 10 a, drunken frolic at Rolling Fork, a small town in what was e:etting the arms out of the jail and delivering them to the negro mob~t the court- then Issa.quen~ County, now seat of Sharkey County. house. The testimony will disclose the fact that not a blow ""wns stiuck on that A young whit8 man, or boy, for he was not yet of age, who was drinkina with day, and that no man was injured and no one prevented in his lawful right to vote. the?J1 got mto a qua:rel wit~ one of.th~ n.egroes, whicll ended by the white man No case was brought before us of any one who did not vote or could not vote if he strikmg the negro with a knife and inflicting a wound of no dangerous character. bad desired to do so. Umler Lee's advice, many of the negro s who had unlawfully The .bo:y- fie£1 and was pursued by the whole band of negroes, who finally discov- assembled at the court-house went back to then own precincts, and it is presumed ered him m the hack room of a store where he had secreted himself, and after stab· that they there Yoted undisturbed. These facts, we believe, are fully established bing and otherwise wounding him, left him for dead. by the weight of testimony taken in reaard to this election. That no material . Qn Sunday.moming warrants wer~ issued ?Y a colored justice of the peace, re- number of the vote was prevented from teing cast by intimiclation would appear Sidii!-g at Rolling Fork, for the offend1ng pa.rhes, and in the course of the day five from the fact that tho a::rgregate vote polled in 1875 was two hundred and fifteen or SlX were arrested and placed ·under guard in a building then vacant which greate1· in the county than in the general election of 1873. had been occupied as a drug store. During the nirrht the g•m of one of the !!Uards Lowndes Cottnty.-The only point in Lowndes County in relation to which testi- was disch~rged by accident., .anu the prisoners. be'Came alarm eel and attorn ptecl to mony was taken wa.s in the city of Columbus. The witnesses examined were the make the1r escape by brcakin::r throug-h the wmdows. They were fired upon by mayor of the city, Mr. - - , and Robert Gleed, a negro, ex·sheriff of the countv. the guards, and one of them W:J.S ki J ed and two or three were wounded. The am1 a defeated candidate for re-election. 1.'he testimony of t.he mayor, which will wounded parties with one or two others were captured. be found at. page -,is to the effect that there bad been no evidence of intimidation The next ious condition,"' &c., and there is no power~ Cl?ngress to interfere tor any Q. Dirl you pass by and along tlli.~ row of flags 1 other causl:' whatever. There is not from the begmmng to the end of tlns testi- A. \Veil, I coulll see up the street. mony a. s·ngle case of the obstruction o! a. voter beca~se he wa~ a col?red man . . Q· How far could you see~ I think you said you had ophthalmia, or something, In every caM of alleged unlawful mterference With the nght of suft!age, 1t wh1ch prevented you seeing very fur 1 was because tho •oter was in opposition to the political sympathies and WlShes of A~ 0, I could see. I cannot discriminate features half across the street. I the person !nterferinu. . could see these bars and colors. Intimidation and violence are almost as frequently alleged toward white men as Q. Did you see confederate fiai!R a.t that meeting? colored men, and perhaps ·the bitterest opposition was proven toward the former A. No, sir; I said flags rl:'sembling. They mi~bt have been like them. I do not c~!t it cannot be said tllat the race or ·color of these whites induced other whites know how many of theso stripes they bad on them. I do not know that thoy were full confederate flags. I know about the various colors and from the appearance to." cleny and abridge" their right of suffrage. · . . . of confederate flags ~which I have seen. The testrmony of many witpesses, white and black, proved the groBB mtimida.- Q. Wasthereno United States flag, then 7 tion of colored people by other colored people. Now, this was not on account of A. I did not see any. I seen the particular ones. I think those on the court- race or color but for the same reason which caused all other intinrldati~n and bouse, if any, United States flags. interference in the State-i. e., opposition to the voter's poll?~ views~~ actions- Q. Did yon walk along the entire line of the street where thoso flags were t not because be was a colored man, but because he was voting m oppos1tion.. · A. I did not walk along the entil·e. }ine; I think near the lower comer, and The Rupreme Court of the United States distinctly say, in the opinion, we have looked up. already Cl ted : " Q. That was the meeting at West Point.1 "The fi~teenth amendment did not confer the ri_ght of suffrage upon any one • A. Yes. sir. It gave to the Congress the power to guarantee ft.s e~ercise ~ '?lise it should be Q. When 1 denied or abridrred on account of race oc color or previous cond1t10n. A. The Thmsclay before tha election, I think. The election was the Tuesd:l.y If the nght t{) vote be denied or abridged for some other cause, the .s~te. and not the lJnited States, must exercise its protectmg power over the Citizen and remedy his wrong. . . fo~h~J~wer..to this misemble slander is to be found on page 253, in the testimony of Mr. R. H. Hhotwell: If a co~ored man be driven from the polls because l1e comes up With a rep~blic:m Question. Harrington stated hero that there were no Unit~d States flags exhib· ticket and when he returns with a democratic ticket is welcomed and asslSteain for the people of Mi8stss1pp1 to The character of the witness Harrington is thus given by Mr. Shotwell at page kok for ·rhe advancement of their Stat-e to that position in tho ranks of wealth, 249: in!luence, and reputation which those who love her wou~d desho to see ~er occupy, "He is now under bond. This brother of his (.J. T. Harrington) who t-estified until tho spirit of law shall be strengthened and assert 1taelf over the dangerous here, I can show by any qoantit.y of witnesses that he is a mao of notoriously bad clasRes," who have brou!!ht disrepute upon her goo~ name. . . character; that he ha.~ been indicted for horse-stealin~ and for kidnap ing negroes- We are glad, in this connection, to exl!ress onr 3mcere an!l prof~~d .co~vlCtion not indicted for kidnaping negroes, but he bas been charged with it., and a. white t.hat under the present State administratlon aml government of Missli:!Slppl all the man and a nerrro caught him at it. That was during the war. After tho war he elements for the needed reforms exist and will be de"\"elopoRED OTHERS. and some of those who finally voted a~ainst the eleven who were for the millet- By Mr. BOUTWELL: menta were throughout the whole session apparently the most reliable men we had to sustain the indictments and the most zealous in investigating the cases. This Question. Were you at the West Point mooting of the democrats two or three was particularly true of the man who wrot-e this report, yet he finally went against days before the election W all prosecutions, though we had conceived him to be the most earnest, as he hacl cer- A.nswor. Yes, sir. tainly been the most active, man among us in bringing to justice, or at least in in- Q. Diyard during the time you were a~~d by Kellogg:s appo~tees, or. the disregard of law, decency, and order, in all of there, from the 4th of .August to the 11th November, 1874, according to your knowl- wrnch Kollogg hlmself 1s pre-emrnent. edge, information and be1ieff Throughout tho investigation the inquiry was frequently made by the majority .A. To my belief, in the construction department there was two hundred men on whether there bad not been intimidation practiced by threatening to discharge men the ship.carpenter's roll. Some were put there as mechanics who were not. There b-om employment if they did not vote in compliance with their employer's wi~>hes, was about four hunclred laborers during the month of October in that department, and in many cases such facts were proven. two hundred more than was needed, to the best of my judgment. There was some However impot"tant it may appear to the undersigned that the moral and intel- imported from Isle of Wight and wo!·ked on the ship-carp~n!a's roll who were no lectual independence of the individual voter should be respected, and that no ship-carpenters-one from Isle of W1ght and one from Williamsburgh; one from methods of coercion should be used to influence the free exercise of suffrage, yet in Isle of Wiaht named Juba Gordon, (co1orod.) There must have been in t.he whole the fctce of the &dmit.ted and almost general violation of these sound aml just propo- yard in the neighborhood of seventeen hundred men, in my opinion; to the best of sitions by public anu private employers in all sections of the Union, it would seem my judgxnent. scarcely credible that it should be proposed to select :Mississippi as the one State 9· 24. You have stat~d that men were bro!Jght there and p~t on the ~hip-carpen· for the application and E.\nforcement of a rule which is disre~arded everywhere else. ter s roll who were not carpenters. What d1d tho~ men do; m what kmd of work Thus lntely the republicans in the State of New Hampshire, by a formal address were they engaged, anti how did they spend their time 7 1876. CONGRESSIONAL RECORD-SENATE. 5297 A. They spent their time "down-east "-down in the privy. Down oo.st, we Thus, between the admission of the Mongolians to the privilege of suffrage, there call it. now stands but the frail barrier of a. single word of the naturalization laws to be Q. 25. Did you ever see those men carrying old lumber or iron about the yard as added or subtractt:d at the will of a bare majority in Congress, which can close or if to keep up o. show of employment ~ open to the teeming oriental. populations unobstructed opportunity, by their mere A. I have seen a gang of men taking deck-plank and pile it from one place to numbers, to control our elections and our governments, State and Federal. another to keep themselves employed. The vastness and gravity of the subject will not admit of further discussion in Q. 26. Was that large number of men employed there durin~ those months nec- this report. essary or not, for the legitimate purposes of the Government~ m the navy-yard 7 A few remarks upon the condition of Mississippi in June, 1876, will conclude this A. I think not. report. . Q. 21. Did you attend a republican meeting held at Temperance Hall, in Ports- A rapid journey by railway brought the committee to the town of Jackson, the mouth, a night or two previous to the election? capital of the State. The examination of witnesses, who were all readv and in at- A. I did; the ni~ht before the election. tendance, having been summoned in advance by telegraph from Washllgton, com- Q. 28. Who presided over that meeting I menced on the day of our arrival and continued all day and every day from June 9 a. James H. Clements. . to June 27, when, by traveling all ni~ht, we reached the little village of Aberdeen, Q. 29. Does Mr. James H. Clements hold any Federal appointment in Ports- in Monroe County, and, after three oaysof close labor there, returned to Washing- mouth? ton. No act of a turbulent or disorderly nature was witnessed by the committee, A. He does. He is postmaster, and has been for some :years past. and no signs of enmity or incivility were exhibited i but, on the contrary, courtesy Q. 30. Did you bear any instructions given at that meeting bJ: M.ir. c~~ents, the and respect were on au hands extenfled to the committee. chairman, or by any one else, as to how the voters should receive therr tickets on The poverty of the people was apparent in their garb, the appearance of their election day ; how they should hold them, and bow they should deposit them in houses, and the marked alJsence of good and comfortal>le vehicles. the ballot-box¥ If so, state what they were fully. The want of horses or equipages for ordinary plea.<>ure was frankly stated to the A. Mr. Clements told them he diu not want" no backing out, 11 and "no lag- undersigned by sundry gentlemen who regretted their inability to iillow us to see ging 11 the vigilance committee. One must hold the tickets, and only give the the surrounding ~untry, sim:\)lY because they anure-sooking witnessed wa.<> by the colored people, A. I voted in the second ward. . whose processions pa.<>sed the committee-room and whose holiday excursions by To tho same effect are the depositions of William W. Bain, page 234; of George railway started from the depot opposite. W. Glover, page 266; of Joseph Broughton, page 283 ; of Francis Russ, page 30!1; The only C<'l.nnon sound wn.<> from their republican ratification meeting, and theirs but it is unnecessary to multiply illustrations of what every man in the country was the only music heard by us in Mississippi. knows is the invariable practice in all the Executive Departments of the Govern- The poverty of the coloreii people also was often painfully apparent in the groups ment-never to such an extent as under the present Administration. of witnesses who clustered upon the long galleries, wretched in appearance and In the investigation of the New York custom-house in 1872, it was proved that miserably clad, giving to the hotel the appearance of a county alma-house. official positions were frequently the price of partisan services. (Volume 3, page The reformation in the legislation and administration of Mississippi by the party 608.) in control since January, 1876, has thus been important and marked with great By Mr. HoWE: benefits to the entire community. Question. Now, what, efforts have General Arthur, or Mr. Cornell, or Mr. Laflin, The judiciar.v has been purified and elevated by the appointment of men learned or Mr. Darling made to control tho political action of their subordinates~ in the law and irreproachable in chamcter to the bench. The far-reaching and bene- Answer. The only special knowled~;e I have on that subject is that every single ficent influences of this single reform can scarcely be overstated, and the blessing one of their subordinates ha.<> to act m a certain politicru way. There are a few to :B.ow to all classes of society and all races of men in the pure and equal adminis- men there who I know are forced, in order to keep their places, to do just exactly tration of public justice may be now hopefully looked for. contr::t.ry to what they believe to be right. The Hon. John A. C. Watson, a citizen of the highest reputation, both a.<> a law- Q. Now, whonrethose~ yer aml a man, testified on this subject il8 follows, at page- : .A. I do not propose to tell them if I can help it, because every one of them would Question. Speaking irrespective of party in th(} State, what was the effect upon be turned out of office. (Examination of General George W. Palmer.) public opinion of the course of administration which you have here detailed as to At pa_ge 702, same volume, deposition of James L. Hastie: the growth of confidence or dissatisfaction therein~ Q. What was the offer made by Mr. Murphy's a$ent to you 9 Just repeat the Answer. It created great discontent and dissatisfaction. Many of the republi- offer made by him in case you would leave your pmce upon the ticket and allow can party became as violent opponent-s of G, and some other places, besides in Marshall County, and had a good deal oi in· State of Massachusetl a or any other Sta.te, where the right of local self-government terconrse with the people. is acknowledged and is suffered to exist. Q. With both parties~ · However open to reprobation such attempts at coercion of opinion may be, no A. Yes, and I noticed a very great change in the negroes. Before, they had one can suppose it is within the power of Congress to interfere. been unwilling to hear any but their own speakers, and seemed to have no confidence in anybody else. Last fall, long before the election, th(}y were coming SOCIAL OSTRACISM. out to hear the democratic speakers. They were conversing with democrats, and before the day of election a good many had openly avowed themselves democrats. Testimony wa.<> taken to prove the unwillingness of the southern white people to In my county and in others, of which I heard, a /!l'eat many had joined clubs, and a.<>sociate intimately with many of the witnesses. J ndginE from the account given I noticed, frequently, one or two who would first go and hear; then they would of themselves by those who made this complaint, the undersigned are disposed to converse with me, and their change was as gradual and slow as it well could have coincide with the parties complained of, and do not believe tliat in the Northern been. Finally they would avow themselves democrats and betJOme more enthusi- States the social standing of these witnesses could be very high, or intimacy with astic than anybody else. Such changes were usual tlrrou~~out the State before tho them generall7 desired. But it does seem to us absurd to suggest the regulation day of the election, and I heard many of them say, "Weu, we have macle nothing of private intimacies and associations by act of Cong'!'ess. History ha.<> been read yet by the republican party; they have done us no good, and I reckon it is possibly in vain if the folly and futility of all such attempts be not admitted. Tinle, the best to have a change. We will try it." I don't pretend to give their ex.a.ct language, great healer of grief, may steep in oblivion the memory of the great losses with but the substance of what many said. which the people of the South have in the providence of God been visited. But Q. Since the election have you observed the sentiments and feelings of the col- the wounds are too recent not to be touched gently. The members of many a ored population in regard to this change of administration~ household in Mississippi are clad in the garb of woe, and mothers, sisters, and A. I think there has been more of confA?ntment and 9.uiet and satisfaction among wives are pale with sorrows that will not cease until the union with their loved the negroes since the last election than ha.g before eXISted in the State since re· and lost shall come with the end of their earthly troubles. construction. • Into these associations a stranger may not intrude ; a man of feeling would not Q. Excluding yourself, of course, what is your estimate of the present state of if he could and an unfeeling man shoulu be repelled. jnillciary, both as ~o the chancery, circuit court, and the supreme court W The firesido of a citizen, however bumble, is a domain which neither congres- A. I regard the Improvement as very great-very great. sional committees nor any one else has a right to enter unbidden by its owner. Q. Have the offices of chancellor been refilled' Nothing in the letter or spirit, the theory or practice of .American government .A. Yes. even suggests such a jurisdiction, and we thus dismiss the subject. Q. And the circuit judges also refilled 7 INTERFERENCE BY FEDERAL AUTHORITY A. Yes. Q. From what class of men, a.<> to legal attainment and character, have theso ap- in the State elections and internal affairs of the State bas, since the close of the pointments been drawn~ war, frequently taken place, and never without deplorable and disastrous results; A. They have been made from a class of lawyers who had the confidence of the and, on the other hand, the applications of minorities, defeated by the popular people and who were competent to fill the places. The supreme-court bench, with vote, to bo nevertheless installed in office, has never been denied by the Federal Simrall, appointed by ALcoRN, and Campbell and Chalmers, appointed by our pres- authorities without such denial being followed by beneficent results. . ent ~vernor, Governor Stone, in point of capacity, integrity, and character, is Such interference has always been followed (and vEJry naturally) by local dis- equal to any court in the Union, and there are not more than one or two chancel· content and diso-rder, as in the case of Louisiana and Alabama, while 'Tennessee, lora or cironit jude;es that I, myself, as governor, would not have appointed. Virginia, North Carolina, Georgia, Texas, and .Arkansas are living proofs in their Q. Are yon aware that the charge had been made that the late election in 187t increased prosperity and tranquillity of the wisdom of non-interlerence. was carried by a. general system of intimidation and violence on the -r.art of the democratic party toward their political opponents in this State~ I will ask you TD.E PROBLEM OF RACE now what is your knowledge and your judgment as to the truth or falsity of that will continue to be of the deepest interest to the people of this nation·; and it is st.atement ~ not tile duty or purpose of the undersigned to do more at present than recognize A . Well, so far a.g my personal knowledge goes, I never witnessed anything ap- its existence and .refer to its solution as a matter of great difficulty. Suffice it to proaching intimidation by the whites Cases of intimidation of colored voters by say that the relations of the African to the white races in the United Sta.tes do colored voters did come under my observation. There has always been something not stanu alone for consideration; but on our Pacific coa.<>t the uark shadow of an of that., but much less of it in the last election than previously. A better class of Asiatic borde hangs lowering over the white population, and has aroused their men, as a general thing, were anti-radical candidates la.<>t faU, and a. more orderly gravest apprehensions. or fairer election was never held, so far a.<> it came under my observation. The African race is now admitted fully to the rights of American citizenship. Judge Campbell, of the supreme court, at page -,says: Under the fifteenth amendment all power to discnminate as to the right to vote Question. Hn.<> there been, as far as you know, since the election an acquiescence "on account of race" is inhibited to the Sta.tes and to the United States. in the change of affairs in the State f IV-332 • 5298 CONGRESSIONAL RECORD-SENATE. AUGUST 8, Answer. Entirely so.; the most perfect quiet has reigned throughout Mississippi. pensable that without them the General Governn:ient it.etood its nills. I remember that I had a conversation with Gov- inciting them and inducing a feeling, when there would have been no such feeling; emor Ames on that subject, in which something was said about the legality of the all would have been satisfactory between the whites and blacks had it not been for Legislature. I recollect he made the remark, which impressed me as authorizing the interference of these persons who undertook to use the negroe8 for their own his ac: ion in the matter, that theLeg_islature was a le~al body, because the number purposes. of republicans in the Legislature ana the number of aemocrata in the Legislature, And I will state further that the negroes would have fared just as well and bet- who were peacefully elected, constitute a majority of each house, and thereby were ter without any interference at the hands of the mass of the white people, who entitled to decide the question of tho right "of the other members to their seats. have far more consideration and kindness for them than these men who make loud He contended, however, thatagoodmanyofthemembershad been illegally elected. pretense of their devotion to them for mere political purpos~. Q. But that that was a question which there was a legal body tliere to detor- I know the negro race well ; I was born and reared among them, and have noth- minei . inl? in the world but the kindest feelinp;s for them, and in my private life and in A. That there was a legal body there composed of republicans who had been puolic life, a~ they will all testify who have been brought; within my influence, I elected without any improper influence, and democrats who were elected peace· have treated them with great conside:ration. When on the bench, where they had fully in sufficient numbers to constitute a majority of each house. I remember his a~c;ainst them the natural pr ~udice unhappily existing to a great erlent in the making that remark to me in .January, shortly after the Legislature met. He mmda of their late masters against the newly enfranchised race, I was anxious to did not give that as his reason for recognizing the Legislature in his official ca- secure them from injustice from white jurors, even more so than if they had boon pacity; but the two things cou~led t.hem~elves together in my mind. white peop:e. I have always had only feelings of the utmost k~ndness toward them, The statement of the result of the election by Governor Ames, and that the late and have now. Legislature was a legal body, ie more than sustained by tho testimony. I am p1·epared to assert that they ha>e done wonderfully well under the circum- Striking out the counties where fraud or violence my be supposed to have milli- stances, and would have done far better but for tho interference of politicians, who fied the elections in those special and few localities, still enough lawfully and stir them up and use them for their own benefit. They have been badly taught and peaceably elected members of both houses remain unimpeached, in any quarter and misled and been used as mere puppets to a large extent. by any witness, to form more than a quorum duly qualified to organize the two Tho reduction of expenses by the last Legislature was positive and highly satis- bodies according to the constitution of the State o! Mississippi. factory to all tax-payers. (See pa~e -, deposition of - - . ) T. F. BAYARD. The condition of public !!Chools is in the main satisfactory, and the provision for J. E. McDONALD. their maintenance has been increa ed by the appropriation of certain license fees NORMAN H. RYAN. and fines to their support. (See page-, deposition of E. Barksdale.) On this subjoot the following extract is pertinent and interesting' Mr. LOGAN. I move to take np Senate bill No. 840. The motion was agreed to; and the bill (S. No. 840) for the relief "THE PEADODY SCHOOL FUND. of Norman H. Ryan was considered as in Committee of the Whole. " On Friday last the trustees of the Peabodv fond for aiding the public schools at the South held a meeting at the Greenbrler White Sulphur Springs, at It provides for the payment to Norman H. Ryan of $736, in full for which the report ma.de by Dr. Sears of his last year's work was discussed. From services as storekeeper of the bonded warehouse of E. W. Dutcher, at this report we learn that Dr. Sears disbursed ft·om the fond 1wder his charg but Amboy, illinois, from the 18th of April, 1868, to the 15th of October, a. small amount to South Carolina, Florida, and Louisiana, because those States do 1868. not foster :public education. In South Carolina and Louisiana the republicans have bad posst's ion of the govemment for years past. In Florida the democrats have Mr. LOGAN. There is a report from the Committee on Claims in only recently had any chance of carrying the State. Yet in these three States, connection with this bill. It has been examined by the Committee where the white friende of the colored people have everything their own way, the on Claims and reported favorably. school funds have been squandered and dissipated and the school-houses closed. Mr. EDMUNDS. Now I should like to hear the report read. Wb.'lt wonder,· then, is it that Mr. George Peabody Russel, who joined in the dis- cussion of the Sears report, gave it as his opinion, from personal and recent obser- Mr. \VRIGHT. I think I can state to the Senator from Vermont vation, 'that nothing could be expected from those States in the way of advancing the facts of this case. This man was watchman of this bonded ware- their educational interests until there was a change in theil· Stategovermnents.'" house. The party failed. The officer in charge, the collector, in- By amendatory criminal le!rislation the live stock of the farmers has been pro- structed this person to continue to watch the property that was tbere tected and the lawless and iniliscriminate slaughter of breeding-animals bas been made highly penal, so that this year much of the pork and beef heretofore pur- in which the Government had an interest. It was the duty of course chased abroad will be raised within the State. of the person owning the property to pay this expense, but he having With the increased acreage of corn and the fine crops of their great staple of failed and this collector instructing the man to continue on watch cotton, the prospects for the material prosperity of Mississippi in the present year he did it for the number of days he is paid for as watchman. are favorable. CONSTITlr.tl0Jo1AL P.OWiillS OF CONGUESS. Mr. EDMUNDS. Is there not a. lien on the property for fees of If it be designed that our form of government should be continned, we hold it that kind f to be the sworn duty of every Senator and Member of Congress, as well as every Mr. LOGAN. The Government got the property. officer of the Government, to re&pect and obey the limitations upon power imposed Mr. EDMUNDS. If the Government got the property, of course by our written charter. we ought to pay the man. Whatever may be our individual opinions as to the ri;;ht or the wrong of a given condition of affai113, the power, and with it the duty to mterfere must be fonnd ex- The bill was reported to the Senate, ordered to be engrossed for a pressly or by necessary implication in the Federal Constitution, otherwise such in- third reading, read the third time, and passed. terference is law-breaking and not law-making. The SupremeCoru·tof tbe United States, in the case of Tbe Collector vs. Day, 11 ROBERT N. EDDY. Wallace, R-ep., p. -, throm!.h tho lips of that venerable and lamented jurist, Mr. Mr. ALLISON. I wish to call up the conference report on the river Justice Nelson, described the relative powers of the Federal and State govermnents in the following words, which we commend to the respect and for the instruction and harbor bill. of the Senate: Mr. KERNAN. I ask the Senator to yield to allow me to call up a "It is a familiar rule of construction of the Constitution of the Union that the bill. I think there will be no objection as the man is sufferiug. It is sovereign powers vested in the State govermnents by their respective constitutions Senate bill No. 788, which containa but eleven lines and the report is remained unaltered and unimpaired, except so far a-s thoy were granted to the Gov- ermnent of the United States. That the mtention of the framers of the Constitu- still shorter. tion in this respect might not be misunderstood this rule of intcrpreta.tion is ex- Mr. ALLISON. I yield to that. pressly declared in the tenth article of the amen,000 wise, while my friends were discussing this proposition I drafted a copies. The Senator from illinois was not in when those two resolu- bill and will o:fferit now, and ask the Clerk to read it. tions were added a..s amendments to the resolution which wa-s pend- Mr. SARGE:t\Ttf. I have no objection to its being read for informa- ing in the Senat.e. Now it has got to go to the House to be concurred tion. in, and it seems to me that a..s it will satisfy everybody better, the The PRESIDENT pro tempore. It will be read for information as best thing we can do is to take up by unanio;wus consent the bill a part of the speech of the Senator from Illinois. which I introduced in which I make the appropriation and direct the The Chief Clerk read as follows: printing. We can take it up by unanimous consent, and of course Be it enacted by the Senate and House of Representatives of the UnitedStatl's in Oon- every Senator will vote as he pleases. I have no doubt that it will - lfress assembled, '.rhat $130,000 is hereby appropriated out of any money in the Treaa- pass. . nry not otherwise appropriated to be appli6d to the printing of 300.000 Agricnltn- Mr. LOGAN. I have no objection to that. ni Reports ordered by a concurrent resolution of the House of Representatives The PRESIDE!\'7 pro tempore. The question is on the motion to re- and of the Senate of the United States. . consider the V,000, distributed among the individuals who receive the report. I say it d es not cost them the different Departments. The balance which is left; -which is anything, nor does any other document cost them anything. If the $324,000, is for printing ordered by Congress or ordered by law out- reasoning is good in one instance it certainly is good in the other. side of the separate Departments. The amount ordered by law, Wilen I referred to the Senator's speeches, I did not mean that his which is irrevocable from year to year, and we have not modified it speeches were not as good aa, and great deal better on some subjects at all, by such information as I can hastily get, is at least $110,000, than, those of any other Senator, especially so fM aa I am concerned, as, for instance, the printing of the message of the President and ac- but certainly not on the subject of agriculture. I presume a speech companying documents, the printing of the opinions of the Attor- of his on a:gricnlture would be a good deal like a speech of mine on neys-General of the United States, the Congressional Directory, and metaphysics Ol' something of that kind. It certainly would not be a things of that kind which are fixed by permauent statute from year 5304 CONGRESSIONAL RECORD-SENATE. AUGUST 8, to year and have not been changed this year. The amount is much A pa:t of the . 1~0,000 ordered by permanent statutes is iu my opinion more than 110,000, but I have been able to gather items enough to and m the opm10n of the Senate a very unnece sary expenditure of amount to $110,000 already. This reduces the amount ef $324,000, public money. Twice on the report of the Committee on Printing we apparently left available for the action of Congress, to $214,000. have repealed, so far aa the Senate could repeal, the statutes that Then ·130,000 will probably be the cost of the printing of these required a considerable part of this printing; but that action bas not 300,000 -volumes ; I mean to say after they are stereotyped the cost met with the favor of the other House. I think we might save half yet to be paid upon these, perhaps including binding-though I think of it without any loss to the public service. that wou1d be a little more-would be 130,000, which would leave but The PRESIDENT p-ro tempore. Is there objection to the motion to 4,000 for all the other printin~ which Congress orders. Not a day reconsider lying over until action is taken on the bill presented by passes here while we are in sesswn that we do not order extra copies the Senator from New Jersey T There is no objection. The bill will of some document. . Some of these are very essential indeed; some be considered as read twice and it is now before the Senate as in of them givo information to the country upon very important mat- Committee of the Whole. ters; some are political. The Senator from Delaware [Mr. SAULS- The bill was reported t~ the Senate without. amendment, ordered BURY] objected to printing political documents; and yet they are to be engrossed for a third reading, and was read the third time. necessary, and all parties concede the necessity where a political doc- .Mr. ANTHONY. I ask for the yeas and nays on the passage of the ument favors its shade of opinion; but where those documents re- fua . late to great facts occurring in the cmmtry, are testimony taken un- The yeas and nays were ordered; and being taken, resulted-yeas dor oath, which is necessary for public information, they ought to 34, nays13, as foUows : be printed ; the facts should go out to the country; and there ought YEA8-Me8srs. Allison, Bogy, Cameron of Wisconsin, Chri.stiancy, Cockrell, to be no party question upon the mere matter of printing them and Conkling, Davis, Dennis, Ferry, Frelin,!!hnysen, Gordon, Hamilton, Hamlin, Har. letting men of all parties weigh them for what they are worth. But veY., Hitchcock, Howe, Ingalls, Kelly, Key, Logan, .McMillan, Maxey, Merrimon, aside from this kind of printing there is much more that is necessary M1tchell, .Morrill, OJ£esby, Paddock, Patterson, Saulsbury, Wadleigh, West, Win· dom, Withers, and wrighir-34. to facilitate our own business. All our bills are printed, all our re- NAY~:hiessrs. Anthony, Booth, Cooper, Dawes, Eaton, Kernan, McCreery, ports are printed, and the cost of all this must come out of this appro- McDonald/ Sargent, Sherman, Stevenson, Wallace. and Whyte-13. pri a.tion, a.nd we should have left but $84,000 for all the current work eron of Pennsylvania.. .Alcorn, .ABSEN:r-Messrs Barnum, Bayard, Boutwell, Brnco, Burnside, Cam- Clayton, Conover, Cragin, Dorsey, Edmunds, Goldthwaite, of Congress. Johnston, Jones of Florida, Jones of Nevada, .Morton, Norwood, Randolph, Ran- Mr. LOGAN. Running the next session. som, Robertson, Sharon, Spencer, and Thurman-24. Mr. SARGENT. Of course this is inadequate. The principal ob- So the bill was passed. jection which I urged to the printing of this document was that it Mr. ANTHONY. Now the resolution had better be disposed of. absorbed nearly the whole available fund for the prjntingordered by The PRESIDENT pro tempore. The resolution will go on the table, Congress for t.he fiscal year, and it was not right to put the Public if there be no objection. Printer in the dilemma of refusing to obey· a joint resolution of Con- Mr. ANTHONY. I think we had better reject that resolution so gress or of making a deficiency by expending money which had not aa to take it off the Calendar. I move that it be indefinitely post- been appropriatecl for that purpose. poned. I have another objection which simply influences my vote, but per- The motion waa agreed to. haps -would hardly have induced me to take any time on this propo- sition at all ; and that is I think we should curtail as much as possi- EDUCATIONAL APPROPRIATION. ble the printing of ordinary public documents. It is a very expen- Mr. PATTERSON submitted the following resolution; which was sive system, amounts to a great deal of money, aa a million and a half referred to the Committee on Appropriations: app~opriation for printing shows; but that simply influences my Resolved, That the Committee on Appropriations of the Senate be requested to vote, and I do not desire to delay proceedings for that reason. insert an appropriation of 5,000 in the legislative, executive, ancl judicial appro· priation bill for the purpose of carrying out the recommendations of the Commis- Mr. LOGAN. If we printed more agricultural reports and dug sioner of Educ.ation contained in his letter of .A ugnst 7, 1876, herewith annexed. out fewer rivers, we should be better off. COMMISSION AS TO STANDARD OF VALUE. Mr. SARGENT. Perhaps that is true. One other remark and I shall yield the floor. Senators have said something about printing the Mr. SHERMAN, from the Committee on Finance, to whom was re- mining report. Perhaps I did not pay sufficient attention to the re- ferred the resolution of the Honse of Representatives to appoint a mark that was ~ade on that point. I stated at the time hastily that commission to inquire into the change which bas taken place in the I had procured that to be stricken out last year from the sunclry civil relative value of gold and silver and the causes thereof, tbA policy of . bill. On taxing my recollection since, I opposed it last year on the restoring the double standard, and of con tinning greenbacks concur- sundry civil bill and it went out. But aside from that circumstance, rently with the metallic standards, reported a bill (S. No. 1037) to :tp- instead of my having from the occupations of my people any hostil- point a commission to inquire into the change in the relative value ity to the agricultural interest, I desire to say that my State is one of gold and silver and the causes thereof, the policy of restoring the of the greatest agricultural States of this Union. The amount of double standard, and of continuing greenbacks concnrrentls with wheat which we export to foreign countries compares with perhaps the metallic standards; which was read and passed to the second any other State in the Union; I doubt if it is excelled by any other reading. State. My State is peculiarly an agricultural State. When it was NEW YORK POST-OFFICE BUILDING. originally acquired from Mexico, the question was raised in the Sen- Mr. HAMLIN. I call for the regular order. . at.e of the United States whether it was worthy of acquisition, and The PRESIDENT pro tempore. The regular order is the resolution Daniel Webster used the remark that it waa a country of rocks with of the Senator from Indiana [Mr. MORTON] for the printing of ex t ra rattle&nakes enough to fence it. Since that time, however, we have copies of the President's message and accompanying documents. The changed the opinion of allintelligentmen,aswellaaofourownpeople. Senator from Connecticut is entitled to the floor. We have developed there by our industry and skill varied agricultural Mr. EATON. Mr. Pl'esident.---- industries of moment, and I have no don bt that the people of my State Mr. WINDOM. I ask the Senator from Connecticut whether be who are engaged in that business receive as thankfully a-s the people will not yielN. I should like to ask the Senator from Minoa- Congress. 1 do not believe that the reports of the investigating com- sota how it was that, in violation of law, this amount waa expended mittees and the other printing which we have ordered can be done by any agent of the Government on any building f I thought t.he within the amount that has been appropriated. Perhaps the country Committee on Appropriations were in the habit of holding officers to might not suffer a great deal if some of the printing should fail; bnt the appropriations. I do not mean to oppose the bil1, but I wa.nt to if some printing that bas been ordered fails, the fault is in Congress know how it happened, because it seems to me if the architects or in ordering work to be done and then failing to make the neces ·ary employes of public buildings can, at their discretion, overrun the ap- appropriation to perform it, and while the officer charged with per- · propriatious made by law and then come to Congress t·o supply the forming it is under legal penalties if he obeys the orders of Congress. deficiency, it is a very bad way of managing our tis~a.l affairs. 1876. CONGRESSIONAL RECORD-SENATE. 5305 Mr. WINDOM. Mr. President, the Committee on Appropriations Mr. SARGENT. I have the Honse report in my hand showing that do not attempt to justiiy the fact that this appropriation is required the whole amount the Government was offered was abont $700. This because of a.n excess of expenditure over appropriations. On the is a building which wa~ built away back in 1853. It was badly shat- other hand they condemn that act, and I was instructed so to state to tered by an earthquake, and it would cost probably fifteen or twenty the Senate. However, I wish to say wbile condemning the act under thousand dollars to repair it. The ladies who wish to use it as a any circumstances, for I think the law should not be violated at all sailors' hom~ have sufficient money to put the building in repair and and that no sufficiently good reason can be given for it, that there are disposed to do it. It is a very worthy object. The building is were some vocy strongly palliating circumstances in t.his case. I will a r~ay off on one side of the city, and the Government has not used read a short statement from the superintendent giving his reasons. it for twenty years. The building could not he put to better use and In answer to a question from the committee of investigation hesaid: would not bring any money if sold. There is a unanimous report of the I came into this office in .Tanua.ry. That building was not even plastered then. Naval Committee, and the bill has passed the House of Representatives. Tho building had been promised to the Post-Office Department and the Law Depart- I trust the Senator will not object, as it is a very benevolent object ment two years before, and I felt, if it waa possible, it wa..q my duty to get the and the property is now really of no value to the Government. building completedin time to get the courts in there in May, that that effort should be made; so I made a very stronO' eflort to get the building completed, and we did The bill was read the third time, and passed. an enormous amount of work. 'There was a tremendous pressure upon us by the Post-Office Department to get their offices out of where they were, and if we could MESSAGE FROM THE HOUSE. not get the courts in there by the 15th of May, we would have been obliged to rent A message from the House of Representatives, by Mr. GEORGE M. the ouilding in which the courts were then held for another year. We endeavored ADAMS, its Clerk, announced that the House had disagreed to the re- to advance the prosecution of the Government buildings, and carried on the work with great vigor, and it was out of that pressure and the enormous amount of work port of ,the committee of conference on the disagreeing votes of the that was done that these expenses were created in excess of the money in the Treas-=- two Houses on the amendments of the House to the bill (S. No. 779) ury. No injury came to the Government by it. to provide for the sale of the reservation of the confederated Otoe I think these circumstances certainly do palliate the offense very and Missouria Indians in the States of Kansas and Nebraska. much. The message also announced that the House had passed a bill (H. Mr. STEVENSON. Whose letter is that and of what date t R. No. 408..'1) to repeal part of section 5 of an act entitled "An act au- Mr. WINDOM. It is an extract from the testimony of Mr. Potter, thorizing the repavement of Pennsylvania avenue/' approved July ' the Architect, taken before the committee who investigated this mat- l9, 1876; in which it requested the concurrence of the Senate. ter. I will say that the committee of the House have so thoroughly ENROLLED BILLS SIGNED. investigated it as to produce a document of this size, [exhibiting the The message further announced that the Speaker pro tempm·e of the report,] which sets out all the items that a.re to be paid out of this House had signed the enrolled bill (H. R. No. 3625) providing for the deficiency bill; and they say : sale of the Osage ceded lands bt Kansas to actual settlers; and it was Your committee find that a full and valuable consideration has been received by thereupon signed by the President pro tmnpm·e. the Government from the persons claiming compensation; that the articles fur· Dished are of good quality, and, as far as your committee were able to learn, fur. DISTRICT GOVERNMENT. Dished at reaaonable prices, and the articles of furniture placet there has been no disturbance there, no conflict of races. Why¥ my State, no ma.tter what his political views may be. Thert'\ is but Because the ne~es have been in the minority. one opinion, and it seems that the people who are represented in part Mr. EATON. So it seeiD81 Mr. President, that in 1865 the honora- by my distinguished friend upon the floor of this Senate [Mr. ble Senator from Indiana hrmself, the Jupiter Tonans of this whole MAXEY] had the hardihood, the people of the great ~State of Texas business, occupied a position such as I occupied at that time. Has had the hardihood through their Legislature to call a convention to he changed his opinion 7 These were the honest convictions of the change their constitution without consult~g the distinguished Sen- Senator from Indiana in 1865. What has occurred in the history of ator from Vermont! the country in the last eleven years that should have caused a change Mr. MAXEY. Will the Senator yield T :in the opinions of the honorable Senator f He has changed. Does Mr. EATON. Certainly. anybody blame him for the position he ·occupied ten or eleven years Mr. MAXEY. I will say that the resolution submitted to the peo- ago f Nobody. Does anybody blame Hendricks for the position ple of Texas by the Legislature for the purpose of calling a conven- which he occupied tel} or eleven years agof No honomble man, no tion was voted upon by the people and a convention was ordered -by hen est man. Sir, Mr. Hendricks did not believe that the amendment the people by a vote of more than 50,000 majority. which was proposed was a proper one, and so he voted against it. Mr. EATON. Sir, when the people whom I have the honor in part Mr. Hendricks did not believe that the African race had the capabil- to represent upon this floor desire to change their constit,u tion they ity of self-goven~.ment; neither did the honorable Senator from In- will consult with their own leadincr men; and Hubbard and Inger- diana. But, sir, what is the opinion of Mr. Hendl'icks to-dayf He soll, Hawley and Harrison; and a t~ousand ot.her distinguished men says in his letter, as Mr. Tilden says in his letter, "We accept the will determine with regard to the chang-e iu their form of government amendments of the Constitution;" and I should like to see that Sen- without consulting the Senator from Vermont or any other Senator ator rise in his place here-1 wjll give him my time-and say when or any other body on the face of the earth. And when nhe great it was that Samuel J. Tilden or Thomas A. Hendricks, or any other- State of New York, an empire of itself, with its five millions of peo- ! do not now speak of my southern friends, because gentlemen say ple, desires to change its organic law, her Tilden, her Seymour, her they have been in rebellion-Tilden, or Hendricks, or any oth-er lead- CoNKLING, her KERNAN, her 1\forgau will determine that matter, not ing democrat north of the Potomac River but what was always true the distinguished Senator from the State of Vermont. to the Constitution. I ask any Senator to rise in his place and dis- Sir, Texas saw fit to exercise her right as a sovereign State of this pute it. There never waa that man ; not one. We stand by the Con- Union. I say " sovereign State," for sovereign she is, for sovereign stitution. We stood by it from 1789 down to 1861-tbe old Constitu- in many respects every State in this Union is. 'I'hat is one of them, tion. We stand by it now with its amendments. We did not like too. I thank God for it. There is wheTe the sovereignty comes in; them all; I did not for one; nor did the honorable Sena,t or from In- and that is sovereignty, if I understand the use of language and the diana, in my judgment, looking at his speech; bnt they have become use of words. When a State within the limits of this Union can form a part of the organic law of the land. The democratic party has al- its own organic law in spite of the power of every other State in the ways been t1:ue to the organic law of the land; and if every repub- Union, it is exercising the very highest branch of sovereignty. Sir, lican Senator can put his hand upon his heart and say that the repub- Texas saw fit to change her constitution, ~nd as my distinguished lican party from 1856 to 1861 was true to the Constitution, let him friend says she did it by calling a convention of the people through say so. · her Legislature. Delegates were elected to that conventiou-- But, sir, I do not apologize for any act of Tilden or Hendricks. Mr. MAXEY. It wa.s submitted to the people and ratified by the They are clad in an armor of steel, and I might well say, "Gnaw vipers! people. you gnaw steel." What next! We are told by the distinguished Mr. EATON. That resolution was submitted to the people, which Senator from Vermont, traveling from one end of the Union to the was entirely unnecessary in my judgment, but no matter, it makes it other, that the rebel State of Texas has done a certain thing; and democra+.i c ; that resolution was snbmitted to the people, and by them that word "I'ebel" seems to him a sweet morsel, and he rolls it nuder obtained over 50,000 majority, and the Senator from Vermont says it his tongue as a swee.t morsel. When will Senators forget words of that was revolutionary. The people's delegates met in convention, formed 1876. CONGRESSIONAL RECORD-SENATE. 5307 a. constitution and submitted it to the. people, and by the people it wa-s to legislative control. But it will hardly be contend6d that, in respect to such COl'• ra.tified by more than 50,000 majority, as I am informedz and that con- the porations, the legislative power is so transcendental that it may, at its will, take away private property of the corporation, or change the use of its private funds." stitution is now the organic law of that State, not to be changed by the action of this or any other portion of the Union. Why talk about So much for the authority. itT Why was it brought up here by the distinguished Senator from Mr. EDMUNDS. I wish to ask the Senator if he considers that de- Vermont 7 Simply because the Senator says Texas made a compact cision of the supreme court of J'exas to be good law? by which if she wa-s let back into the Union, suffered to come back Mr. llAXEY. Well, Mr. President, I am taking up the time of tho into the Union, she was to give one-fourth of all her general revenues Sena.tor from Connecticut and I shall be short. I stated that it was for school purposes. Why, sir, was Texas ever out of the Union T the decision of the supreme court of Texas when every member of Five hundred thousand men laid down their lives and $4,000,000,000 that court wa,s a republican, and the decision of the supreme court of of the earnings of the people were expended for the very purpose of the State, delivered by Mr. Justice Ogden, a republican, upon are- keeping that and other States in the Union. I had supposed that publican constitution adopted in 1869, in which he declares that the Texas never went out. I .know she tried to get out; but we would effort of that constitution to do precisely what the Senator from Ver- not let her; we kept her in. Now, says my distinguished friend, she mont commended on Saturday, was revolutionary, wa-s unconstitu- made a compact and agreed to do certain things if we would take her tional, null and void, and in violation of the Constitution of the back, let her become again a part of this great confederation of States; United States. I·say that the exposition of the law by the highest and, by the way, that was not his language; that is mine. Sir, what judicial tribunal known to the law is to me the law of the land so far \I business had the Congress of the United States to make terms of that as Texas is concerned, and that was the exposition given. ) character with any State 7 It is for the people of New York, of Ken- Mr. EDMUNDS. 0, but my friend ba-s missed the point. tucky, of Georgia, of Vermont, and of Texas to determine what part Mr. MAXEY. No, sir; I am taking up the time of the Senator of their revenues shall be applied for school or any other purposes. from Connecticut. The Congress of the United. States have nothing to do with a matter Mr. EDMUNDS. I certainly hope the Senator will indulge me. of that character, and whenever they undertake to do anything of ~fi. MAXEY. I wish to add one word. that sort they travel out of their line of duty and law and right. Mr. EDMUNDS. Mr. President- Mr. MAXEY. Will the Senj,tor from Connecticut allow me to state Mr. EATON. The Senator from Vermont. is asking the Senator the exact facti:! in regard to that matter T from Texas a question whether be regards that as good law. I can- Mr. EATON. Certainly. not permit my tim~ to be taken up by a discussion between my dis- Mr. MAXEY. On Saturday the Senator from Vermont [Mr. ED- tinguished friend from Vermont and my distinguished friend from MUNDS] arraigned the people of Texas in this language. He quoted Texas with regard to the ability and the character of the late supreme from the constitution of 1869, adopted by the republican party, this court of Texas. clause: Mr. EDMUNDS. What can the Senator permit, then T The public land.s heretofore given to counties shall be under the control of the Mr. EATON. It is republican law, and it ought to satisfythehon· Legislalture and may be sold under such regulations as the Legislature may- pre- orable Senator from Vermont. scribe, and in such case tlie proceeds of the sale shall be added to the school fund. The PRESIDING OFFICER, (Mr. MERRIMON in the chair.) The He then added : Senator from Connecticut declines to yield longer. What does ihe revolutionary democratic constitution provide I It provides- Mr. EDMUNDS. O, no. The Senator from Connecticut is too cour· What the constitution does provide is that the county school fund teous a gentleman for that, notwithstanding the Chair. Mr. MAXEY. Now, Mr. President-- belongs to tb~ county of right, and that the constitution of 1869 had no authority whatever to interfere with the vested rights of the him Mr. ED.l\IUNDS. Will my friend from Texas allow me to correct counties in their school funds. The convention which framed the before he goes on T revolutionary constitution, as he calls it, was called, as sta,ted by the willing Mr. MAXEY. I have not control of the floor, tbonghi am perfectly Senator from Connecticut, on a resolution submitted to the people, to yield. and by them adopted by an overwhelming majority of 50,000. The Mr. EATON. Go on, sir. const.it.ntion was made and ratified in like manner. On that point, I to The PRESIDING OFFICER. Does the Senator from Texas yield the Senator from Vermont T wonder if the decision of the supreme court of the State of Texas when eTery member of that bench was a republican would be authority. Mr. EATON. I ought to say here that my friend from Vermont If the Senator will give me the time, I will rea{! a clause from a de- shall have all the time that he will say is parliamentary and proper. cision directly on this point, and show bow the republican supreme The Senator from Texa-s desired to read a clauS& from a decision of court of the State of Texas thought in regard to this very question the supreme court of his own State with regard to the very constitu· in contradistinction to how it bas been represented here on this floor, tion that was in question here the other day. He bas read it. and which I attempted on Saturday to have corrected but was not member .Mr. MAXEY. That supreme court was a republican court, every allowed to do so. of it. In the case of Galveston County vs. Tankersley, reported in the Mr. EATON. That report goes for what it is worth. If it is good thirty-ninth volume of the Texas Supreme Court Reports, a decision law, then it should satisfy the honorable Senator from Vermont; if in 1873 in which the direct question came up between the county of it is not good law, he will have ample time and opportunity to attack Galveston and Tankersley and others who bad located land certifi- it; and really if he desires to attack that law and wants a little of cates upon the land helonging to that county, the county of . Galves- my time, he shall have it now. I do not want, however, along de- ton being a corporation capable of suing and being sued under the bate between my friends while I ~m on the floor. laws of Texa-8 instituted a snit in the nature of what is there known Mr. EDMUNDS. Now I want to a-sk my friend from Texa.s-- as an action of trespass to try title, to recover the land, and did so. ' :Mr. MAXEY. I will go one step further- Here is what the supreme court of the State of Texas, every member Senator The PRESIDING OFFICER. The Chair understands that the of which was at the time a republican, in the year 1873, say about from Connecticut yielded the floor to the Senator from Texas. the republican constitution of 1869 and about this identical clause Does the Senator from Texas yield to the Senator from Vermont f which the Senator from Vermont quoted on Saturday: · Mr. EDMUNDS. Before the Senator from Texas goes on I wish to ask him the courtesy of allowing me to call his attent.ion to the pre- This suit was brought by Galveston County in 1867- cise point that was in di~cussion the other day. If he is not willing, Mark you, 186i, not 1873, two years before the constitution of 1875 I have nothing to say. ',.. was adopted and while the constitution of 1869, the republican con- ~Ir. MAXEY. I am perfectly willing to discuss any question of stitution, was in full force- constitutional law with the Senator from Vermont, though I am not This suit waB brQ.ught by Galveston County in 1867, an2,213.94. The issued, not when it was registered in the Office of t.he Register. Then, Register reports for that same year the public indebtedness to have on the other hand, in the redemption of bonds. the Treasurer would been $2,489,00'2,480.58, a difference of $99,000,000 betyveen the state- pay for bonds due and redeemed or for bonds purchased, and be would ment as reported by the Register n.nd as reported by the Secretary claim an allowance on account of the redemption or the purchase of two years afterward. such bonds ; but those bonds or his account of the purchase together Mr. BOUTWELL. That arises from . two circumstances. In the with the bonds would go through the Office of the First A~ditor and first place, the Register's statement as made up did not include the the First Comptroller and to the Register before the Register would interest accumulated; that is, the interest earned. . charge off those bonds as)>aid. The consequence was that his account Mr. DAVIS. My friend will understand that the interest had been would be too large on both sides when there was business; when tbe paid two years previous, and it is charged and reported to Congress. Government was issuing new bonds, when it was redeeming old ones Mr. BOUTWELL. It is true, the interest had been paid; but at his account woulcl .be too large as repre~euting the issue greater than the t ime the Register made up his statement for the year he did not it had been, and the books of his office would show that the redemp- include the interest which was earned upon the public debt, but tions were less than they actually had been at the Treasurer's Office. which had not been paid. There is always a considerable amount. The books which were opened in the office of the Secretary of the Mr. DAVIS. Let me say to• my friend that that could not have Treasury were based upon receipts and expenditures. Tha.t is, we been, because the inte1·est runs along regularly. The next year we charged a bond when we got the money for it, we credited the loan find a difference in t.be public debt as reported of about $75,000,000; account when we had paid for a bond and it was redeemed. The that is, an increase of tbat amount when the Secretary's new table is consequence was that these two accounts necessarily differed just to made up for the next year instead of $99,000,000which it would have the extent of the amount of the bonds and notes of the United States continued as a.bout the amount of interest. It is $75,000,000 the next that had been in the Register's Office and not issued or that had been 5312 CONGRESSIONAL RECORD-SENATE. AUGUST 8, ~ redeemed by the Tremmrer and · not entered upon the books of the tion in that Office whatever of warra.nts or books, but a statement Register of the Treasury. Therefore there would always be a differ- was made up in the Secretary's Office, sent from the Secretary's Office ence; but at any day you could follow these bonds and these notes to the Register, and he directed to make his annual statement to Con- and ascertain the value of all those in transittt, and by deducting from gress correspond with the sheet sent from the Secretary's Office, with- one amount or adding to the other if everything was right the two out regard to the facts or ngures or warrants in his own Office. I accounts would agree. And that explains the difference or a large understand that to be so. I do not state it for a fact; but it comes so I part of the difference to which the Senator from West Virginia has straight to me that, unless the Senator says it is not so, I state it as a now called my attention. fact; I believe it to be a fact. Mr. D.A.VIS. I have listened with some degree of satisfaction to Mr. BOUTWELL. I have no doubt this is true, after the investi- the Senator from Massachusetts, but the bond question according to my gation was made in the Office of the Secretary of the Treasury, that I judgment cannot enter into an account that has been closed, fixed, with reference to future statements of the balances in previous years, determined, reported to Congress in some cases for thirty years and the Register, either of his own motion or by some direction or under- in some cases ten years and in some cases nine years. I can see that standing, made up his statement to correspond with the statement in the current accounts running along on the 30th of J nne there might made in the Office of the Secretary of the Treasury. I have no doubt be differences, as the Senator has explained ; b~t bear in mind that of that; but I read the other day in the presence of the Senate a let- there are six weeks allowed by law, and practice four months allowed ter from the Register of the Treasury directed to the SecreJ;ary of the to close up those accounts before they report to Congress. From June Treasury, dated I think in 1871, in which he said that he had been I to November is n.lways allowed for the purpose of correcting such over these accounts independently of the examination made in the ( errors as the Senator speaks of. The accounts are kept open, as the Office of the Secretary of the Treasury and found that his results cor- Senator knows better than I do, for four or five months. responded exactly with those attained in the Office of the Secretary, Mr. BOU',I.'WELL. But the accounts are kept open, not in refer- and he gave the tables showing tho processes by which the result was ence to tho loans and indebtedness of the country, but kept open so reached. as to get the receipts of money actually paid on or before the 30th of Mr. D.A.VIS. I listened with some attention to the letter read and June. The accounts of receipts are kept open for the purpose of afterward read it, and I think the Senator from Massachusetts is showing in the following December the amount actually received probably mistaken as to what the Register says. I understand from during the last fiscal year; but it does not show the loan account. that letter that there was no examination whatever in his Office. He The loan account closes right down on the 30th of J nne. is the official book-keeper of the Government and his Office is the final Mr. D.A.VIS. The Senator will know that in 1870 or 1871 when resting-place of all warrants and the only office from which a re- these tables were remodeled and restated, according to what Secre- statement of the accounts could be made. I understand that in that tary Bristow says, there were no bonds being issued, there were no Office there was no re-examination; it was made in the Secretary's Of- bonds coming into the Treasury at that timeT fice. I understand that if there had been such a re-examination, go- Mr. BOUTWELL. We were always changing them. ing back to 1836, forty years of time, it would have taken perhaps Mr. D.A.VIS. You must issue new bonds in exchange for old bonds; five years to have done it. but I cannot see-and I have given it all the thought possible-how Mr. BOUTWELL. 0, no. it is that when you go back, as was done in 1870 and 1871, when the Mr. D.A.VIS. Every warrant in that Office would have had to be re- debt statement. was remodeled, from 1836 down to 1870; and there- examined so as to restate the account and I understand there were statement made a difference in some years of a million and in other millions upon millions of them. years of nearly $100,000,000, and in the aggregate the total was de- Mr. B()lfTWELL. The exact fact, as I understand it, was that for creased $247,000,009 from the previous statements. I can see very the yea1 L8i0 the statements of the Register were based upon the ex- well on the bond question if one year it was too much and in others aminativn made in the office of the Secretary of the Treasury. I too little the result in the end would come out about balance; but have no doubt about that. His raport for 1870 was based on the ex- bow it is that the public indebtedness has increased in the aggregate aminations made in the office of the Secretary ; but that he then pro- over ·200,000,000, I have not been able to see. Look at the other state- ceeded independently to an examination from 1836, when there was ments; take the expenditures, or take the revenue after it had gone no public. debt of any magnitude, and reached a result for himself, into the Treasury, bow was it got out and bow it was reported after- and that result corresponded exactly with the result previously ward at different amounts. I know there will be a difference in the reached in tho office of the Secretary. accounts between the Register and the Treasurer, but there should be :Mr. D.A.VIS. I understand exactly different. I think the Senator no difterence, if the books are kept properly, between the Register is mistaken, and I might say that I had a conversation with the Reg- and the Secretary's office. How this great difference has come in dif- ister, though not for two or three months past, and I asked the ques- ferent times I am unable to account for, and I have given it all the tion, as I thought I bad a right to do, whether or not the warrants in consideration I have been able to give it. his Office since he bad been there had ever been re-examined so as to Mr. BOUTWELL. It would be difficult for me to explain it any make out the fact whether or not the statements as remodeled in the further. If you take one year, the honorable Senator from West Secretary's office were true, and I understood that there had been no Virginia does not observe that when we went bn,ck and jtualyzed the re-examination of warrants in that Office, and his statements were statements of previous years, those statements having been made up suppo ed to correspond with the reports to Congress at the time they and reported on the basis of warrants, the account was .restated upon were made. That is my understanding. I understand-the Senator the basis of receipts and expenditures; and, therefore, there would can correct me if it is not so-that in that Office there has never been be just the same difference if that account were restated ten years a re-examination of the accounts up to the present day. after the transaction had taken pL'tce as there would have been if the Mr. BOUT,VELL. I understand differently, that there has been a account had been stated· at the time on that basis. That did not thorough examination and re-examination. There have been two make any difference; it produced the same result. examinations in the Register's Office. Mr. D.A.VIS. The books bad been regularly balanced every year Mr. D.A.VIS. Then it is unfortunate that the Committee on Financo, and reports made to Congress, and there had been no difference in who had four or five months to examine and make the report as to them. whether or not the figures I had presented were correct, did not learn Mr. BOUTWELL. Because they were st~ted on a different theory; that fact. I understand that committee, though they attempt to ex- that is on the theory of receipts and expenditures, and the original plain them away, do not impeach a single iigure. Every figure that entries were made on the theory of warrants. Therefore, in each year I presented was taken from the official statements to Congress and there woulcl be a difference depending upon the amount of business is correct. I understand that that committee, as a committee, or going on at the time. Now what is the point on which I should make perhaps as individuals, never asked a question in the Department complaint in regard to the theory of the Senator from West Virginia Y as to whether or not there was a restatement ma-de or how it was He finds, as in 1 65 perhaps, a difference of $10,000,000; that is, in ma-de or how it came to be made. The Senator himself was a mem- 1865 he finds that the statement of the accounts on the basis of war- ber of that committee, and he knows whether or not the committee rants and the statement of the accounts on receipts and expenditures as a committee visited the Department and made any examination. differs 10,000,000, which could be explained, as the Senator from I understand they did not. West Virginia can very well see, by the business in transitt6 between l\fr. BOUTWELL. I did not act with the committeA at all. I the Register's Office and the Office of Treasurer. Suppose in 1866 there nevel' met with the committee or conven~ed with any member on the are $10,000,000 difference also, the result of the same facts. I do not subject. think that it is reasonable to add those two $10,000,000 together and Mr. EATON. Mr. President, the Senator from Massa-chusetts dicl say "there is a difference of .20,000,000." In that way, as I under- not say, as I was very certain he could not say, that there had been stand, the $20,000,000 of difference are arrived at. no forced balances, so called, in the Treasury Department. My friend . 1\fr. DAVIS. If the Senator from Connecticut desires to go on, I from Georgia [Mr. GORDO~] has placed in my hand testimony before will not interfere with him; but this is a point on which I desire the Committee on Expenditures in the Treasury Department, which information. I only want a moment longer, as I see the Senator from is the testimony of General Spinner. I have not had the time nor Massachusetts is willing to explain as far as he can these discrepan- bas he to read it through, but I find this : cies, for there are great discrepancies in the reports to Congress. As By Mr. WILSON: to the books, I am not able to state. I understand, and the Senator Question. Was any part of that fund used to balance the public-debt statements, knows better than I do whether it is a fact or not, that when this to your knowledge 1 re-examination took place, though the Register is the officin.l book- know .Answer. I cannot tell. The puhlic-debtsta.tementwas a curious thing. I do not how the law has been latterly, but when I first came into the Tl:·easury the keeper of the Government and his Office the final resting-place of all Treasurer was directed by law to publish weekly statements in ena or two papers warrants on which money has been paid, there was no re-examina- in the city of Washington. I found that they prepared a statement upstairs and 1876. CONGRESSIONAL RECORD-SENATE. 5313 publisl1e£1 it, to wbicJt my name was attached." and I objected to that. They did Connecticut, who does not intend to put this thing in a false light I not want me to publish my st.a.tement. am sure, to the fact that if he looks a little further back in this tes- Q. 'Vbo did not want you to publish your statement! timony of General Spinner, he will see, so fa.r as I can now judge .A. The Secretary of the Treasury or his assistant. That was Mr. Harrington, I tbiuk under Mr. Chase, and was early in the wa.r. They would publish a state· from a hasty per1113al, that he was being inquired of about the naval ment that did not accord with my statement, an£1 I would not permit my name to pension fr\nd, as there appears on the preceding page this question be sirned to it, anll so the:v usecl to pu8lish a statement as t.he statement of the by Mr. Wilson : T~urer of tho United States, and they attached my name to it, but it did not emanate from my office. Q. Was any part of this fund over transferred to the naval pension funcl1 Q. Did it differ materially from your statement t A.. I do not know. The naval pension fund was a. very large fund, upon whirh A. I do not r ecollect. I remember that they forced balances in some way or the Treasury paid a low rate of inter·cst--4 per cen.t., I think, though I do not rec- other so that iii did not accord with my statement. They pretended that they had ollect certamly. Tlll\t fund was in the Treasury a long while, and I do not know done tbin~rs up-st:D.irs that I did not know any thing about, and I did not like it at but it is there yet. the time. I afterward got the law changed in some way so that it became the duty of the Secrl"t.ary to make the statements. Then the inquiries go on to know whether any part of this ft1nd \ \ Q. A.ml then you were not re ponsible in any way t was transferred to Jay Cooke & Co., and he says he does not know, ; A. Then I was not responsible aml knew nothing about the debt sta.tementa and and then comes what my friend reacl. Now, it may t.ucn out, and I rarely resrnrued them. I differe!l with all the Secretarie.~ in that. They have a rule that nothinl! mUAt be divulgetl that takes place in the Treaaurv. My idea was that suspect it probably will, that this supposed forcin~ of balances was a. J.?Ublic officer should have no secrets; that the public had a i:~ght to know every- a mere question whether the naval pension fund, whiCh has sometimes tbm~, and when I was asked questions, unless I was prevented from doing it, I been regarded as a separate trust, and at other times aa belouging oJ.ways answered them. to the United States, was carried into the statement-s of the pnl>lic That is not very full testimony; it is not explicit testimony; but it debt. goes to substantiate what ·I have been informed and what-I stated Mr. EATON. I do not suppose this toucheo it at all. It was a bal- to the Senate. My information was that there had been forced bal- ance, it was the public-debt statement about which he was speaking. ances in some of the departments of the Treasury, and here is a man Mr. EDMUNDS. As affected by the naval-pension fund. who swears to it. ~1r. EATON. No matter what affected it; it was the public-debt Mr. RANDOLPH. What officer t statement he was speaking about, and that they forced balances in :Mr. EATON. The lute Treasurer of the United States, General that public-debt statement. I do not think my friend from Vermont Spinner. He swears it was so. I have just hAd this put in my hands. has bettered this thing a.ny. I certainly do not want anything I heard somethin~ about it yesterday. - added. I had not read it; I <.lid not know to what it referred. It Now, I say agam that the resolution introduced by the Senator was put into my hands while I was conversing witb. my friend from from West Virginia ought to hav.e been the subject of inquiry by a M8B8achusetts, but I want it distinctly understood that I will make special corn.m1ttee which should have had the power to summon ex- an examination into this testimony and ascertain hereafter. I only perts and expend aa much mouey as was necessary in order that they read it because it showed what I had been informed by another offi- might make a thorough examination of the condition of the Treasury. cer in the Department heretofore was true, that"there had been forced I fear there is something wrong there. ~Iy friend from Massachu- balances in that Department. Now, Mr. President, I leaYe that. setts smiles. I will not quote from Shakspeare on that point. [Laugh- Mr. DAVIS. Allow me to say that I believe the pension fund has ter.] I say I fear. I hope not; I pray not. If a committee had been never come up to $20,000,000. It has been about 14,000,000. The instituted and that committee had ascertained t.hat everything was amount involved in a single year here is nearly 100,0001000 in some entirely right and correct, I should have rejoiced. It is not for me cases, so that it coulu not be the pension fund that caused the differ- to undertake to injure the good name of my country, not for me to ence. undertake to injure the good name of the Govf\rnment; but the testi- Mr. EDMUNDS~ I am merely taking the testimony of the wit. mony of this late officer of the Treasury Department seems to me to nesses referred to. show, in the absence of absolute knowledge on· the part of the Sena- Mr. EATON. Mr. President, I find certain tables published in the tor from Massachusetts, that there must have been a change in the RECORD of the 24th of July, introduced by the honorable Senator figures, for there cannot be, my friend knows it a-s well as I do, a from Massachusetts, and if he will permit me-if the question is an forced balance unless there be a change in the figures upon some of improper one he may decline to anRwer it, and he will pardon me for the books of some portion of the Department. Tha~ is the very mean- putting it-I should like to know if the Senator is responsible for ing of the term "forced balance"-false balance, knowingly wrong. the corrf>ctness of this statement f That is what this man testifies to. His testimony is before the Sen- Mr. BOUTWELL. No, sir; I am not. I am only responsible for ate. I read precisely what it waa a.nd it may go for what it is worth this: that Mr. Conant, the present Assistant Secretary of the Treasury, before the country. I do not thiuk the testimony of a public officer under whose direction the tables were made, is an honest man; that who for many years-! do not know how many-- he bas honestly done his duty; thattheyhave been honestly reported :Mr. BOUTWELL rose. . to him by his subordinates, and that he has reported honestly to the Mr. EATON. My friend has the right toroply; bnt I hardly think Senate. I presented tho statement, taking that much responsibility. tho explanation ought to be made in my speech. There is tho testi- Mr. EATON. Those tables are not trne, and I did not suppose that mony of the late Treasurer of the United States. If it can be ex- the honorable Senator from Massachusetts was or would be responsi- plained, very well. ble for statements that right on their face are manifestly false and :Mr. BOUTWELL. I do not propose to explain it away, because I incorrect; and if the Assistant Secretary of the Treasury, Mr. Conant., do not know anything about it. I have only this to say, that his t-es- puts his name to statements of this character to go broadcast through- timony as read relates to transactions that took place when ~1r. Har- out this laud he ought to be removed from his office, for be is not a rington was Assistant Secretary of the Treasury, in the administration fit man to occupy it. The statements are not true. I am not now of Governor Chase, and therefore I have really no mea_ns of knowing talking about au opinion which Mr. Conant !Day have; I am not now about it more than other persons unless it had come to me by tradi- talking about his judgment with regard to a matter; that is another tion in the Treaaury Department. I do not consider myself any more thing; but he puts before the country what he as an accountant responsible for i t - knows is not true; and I shall be soon done with this gentleman, for Mr. EATON. 0, yon are not on trial. I would not dishonor this body nor disgrace myself by goin~ through Mr. BOUTWELL. Than for the administration of Albert Galla- with this whole t.able before the Senate when I can cover 1t up with tin. I ha.ve only to say that I never heard of such a case. After I francl in one minute. became the Secretary of the Treasury, by law a.fid by usage, the Just see how this man makes out his statements. He is trying to statements of the public debt were issued by the Secretary of the show-this is pretty poor business he has got into-that it cost but a Treasury, and I never had any interference with General Spinnei in trifle more to support the Government of the United States in 1875 regard to that, except in so far as from his office the facts were fur- than it did in 1860, and ho has produced a statement here-the hon- nished on which the statements were made. orable Senator from Massachusetts has put it before the Senate and Mr. EDMUNDS. What was the fund to w1iich he referred, the it ha-s gone to the people-and in order to reduce the expendHures in naval pension money f the year 18i5 what has he done-not my friend, but Mr. Conant f Mr. BOUTWELL. I do not know. I have not rea(l it. He finds, after making de(luctions amounting to I believe $189,0v0,000 Mr. EATON. My friend from Massachusetts almost seems to take owing to the war, that the expenses of all the different Departments the ground that I have got him on trial. of the Government of the United States not increased by war expend- Mr. BOUTWELL. Not at all; bnt there is this to be said: I have itures were in 1875 $84,773,762.49. Now, what does he do to reduce it been made responsible, and from that responsibility I do not shrink, still further! He deducts l~liif!rr per cent., t-h e average premium on for having issued the statements of 1870 and 1871, and I mean to say gold during the year, the expenditures here given being in currency, that the utmost investigation in my judgment will show that those while those of 1860 were in gold--$10,745,074.40. He takes that from statements are correct and that the statements made in previous th& $84,773,762.49, and that leaves as the expenses of the Government, times were erroneous, but upon that point we cannot settle ithere-- taking out the war expenses, $74,0'28,688.09. Mr. EATON. There may have been a great deal of stealing before When I stamp a thing with fraud upon its very face in one respect, you came in. I do not t~ke up the time of the Senate with the miserable conclu- Mr. BOUTWELL. This was introduced in connection with the sions of a miserable accountant. Just think of it one moment. In other matter, and I thought it proper to say that so far as the testi- order to reduce the e~enditnres in the opinion of the people of the mony showed they: were transactions that occurred six or eight years Unitec:l States so as to bring them down to very nearly what they before I hacl anything to do with the Treaaury. were fifteen years ago, be has taken out for the difference between gold Mr. EATON. During the war. and currency 10,745,074.40, being 12-frMr per cent. upon the gross Mr. EDMUNDS. I wish to call the ·attention of my friend from amount of $84,000,000 and over. Now look at it, mark it; see t4e IV-333 5314 CONGRESSIONAL RECORD-SENATE. AuGusT s, fraud of this 'Assistant Secretary of the Treasury of the United States. I regret that the houorable Senator from Massachusetts had not ex- I know what he meant perfectly well. It would be a matter of argu- amined this table before he suffered it to be published in the RECORD, ment if it were true. It was as there was a difterence of over 12t because whatever his opinion may be in regard to the ~propriety of per cent. between the purchasi.ug power of coin and paper, therefore making the difference between gold and paper, it is only when gold it was proper to deduct that. My friend from Massachusetts bows is used, not when paper is used. When paper is used to buy articles his head as though that were correct. Now let us look at it for one of commerce necessary to the Army and to the Navy, that is one moment. I will settle this question in one moment so that there will thing; then it becomes a subject of argument; bnt when paper is be no more attempts by anybody to sustain a set of tables of this . used to pay the debts of the United States, to the soldier in the tield, character. What was the civil list f Fourteen million eight hun- to the sailor on the ship, then it does not become a matter of argu- dred and ninety-one thousand four hundred and forty dollars and ment. The honorable Senator from Massachusetts, not guilty of any one cent. What was the foreign list f One million two hundred improper act himself, will regret, in my judgment, as much as I do that and fourteen thousand eight hundred dol1ars and eighteen cents. this paper has been presented by him without a thorough examina- What was thepayofthe Army f Ten million eight hnndredand seven- tion. ty thousand seven hundred and sixty dollars and thirty-nine cents. Mr. BOUTWELL. I only desire to say in regard to the paper com- What was the pay of the Navy and Marine Corps' Seven million mented on, and especially in regard to Mr. Conant, that I venture to seven hundred and eighteen thousand eight hundred and forty-seven assert that I think the honorable Senat.or from Conneticut would not dollars and four cents, making in all $34,695,853.62, which was paid have used the word "fraud" once, much less frequently, in regard to in currency. The purchasing power of the currency had nothing to Mr. Conant if he had considered that in this paper there was no con- do with this amount. Suppose it had all been paid into my h'tnds as cealment whatever. It is a stat.ement of the expenditures for the for the civil list or the pay of the Army and the Navy, it is not for year and a specific stawmeut of the deductions made. There is noth- matters purchased for the Army or the Navy; it is t.he m('.re bills ing concealed. Mr. Con~nt deducwd 12-fh'ifo- per cent. as the average that were paid for the pay of the soldiers in the Army and the ma- premium on gold for the year 1875 upon the- idea that as the expend- rines and sailors of the Navy. The amount with which he has gone itures for the year 1860 were in a gold currency and the expenditures to the people, which is entirely a fraud, was $4,400,000 in round num- of 1875 were in a paper currency, and that paper currency was depre- bers. There is $4,400,000 shown to be an absolute fraud in the very ciated to thA extent of over 12t per cent. on the dollar, it was a rea- inception of this thing. Am I right f Who will dispute it f I do sonable thing in coming at the comparative statement of the expenses not say that the whole ten millions is a fraud. That is another mat- for the two years to eqnalize the ·currency and put the expenditures ter. I ·say this, the expenses of the civil list were paid in currency. of both years in gold. That may be an error; it may not be wrong; If any Senator will deny it I will give him the floor. The expenses but certainly even in the popular sense, to say nothing of legal sense, of the Army, $10,870,760, were paid in currency. It is the pay-bill of there was no fraud in it. There was a perfectly clear statement of the Army, not the beef and pork that are bought or the powder and the manner in which he had proceeded in the statement, and I should shot; The pay of the Navy and Marine Corps was $7,718,847 aml it differ with the honorable Senator from Connecticut in regard to the was all paid in currency. And yet this Assistant Secretary of the propriety of that statement. For example, consider one item amount- TreaKury of the Unit-ed States has dared to say that there should be in~ to $10,000,000 and more, which he stated, the pay of the Army. a deduction of $4,400,000 in favor of the expenses of the Government It is very well known that we advanced the pay of the Army from in 1875 on these items b cause of the difference between gold and thirteen to sixteen dollars a month, more than 20 per cent., on account currency. Sir, it is a fraud upon the people of the United S~ates. I of the depreciated value of the currency in which they were to be rejoice that my distinguished friend from Massachusetts did not back paid, and when Mr. Conant made his deduction of 12-t per cent. he this fraud. That he had not examined it I know, for if he had he reduced the sum less than it had been increased by the legislation of would not have presented it and had it go before the people of the Congress in reo-ard to the pay of the Army. So as to the pay of the United States. Navy, my recollection; not distinct, is .t hat during the war and when I said I would not go through this, and I will not, because it would our money was depreciated the pay of the Navy was in creased. I think take me two hours; but I desire it to go upon the record and go be- no person c.an come to any other conclusion than this, that when you fore the country that this fraud is unmasked to the tune of over undertake to ascertain the comparative expenses of the Government $4,000,000 in one item; and hereafter when we do go beforo the peo- in two years the expenses should be stated in the same currency, ple we shall show that there are more than forty other millions in the whether it be coin or whether it be paper. But the facts are all upon same way. Sir, this Assistant Secretary of the Treasury of the United the document. Every person, the Senator from Connecticut and States undertakes to make figures to go forth to the people to be used everybody else, can form a judgment for himself whether the pro- as a campaign speech, and they are false. I pronounce them to be cesses are right. There was no concealment as to what the processes false. Any Senator who will look at them will know that they are were. I have only risen to say that I see no element of fraud in the false. I am not now talking-that is matter of argument-whether statement so far as Mr. Conant is concerned, but only .a n opportn- it would be a proper deduction because of the difference between the nity for an honest difference of opinion as to whether he should have purchasing power of paper and gold. That is another question. But made a deduction on account of the payments being in paper in 1875 1t·was when paper was used that this Assistant Secretary of. the Treas- as against gold in 1860. ury has fraudulently said to the people of the United States that Mr. EATON. One moment. there should be a difference of over $4,000,000 made in these three Mr. PADDOCK. Mr. President, if the Senator from Connecticut items. I sa;y here that when this whole matter is examined it will will allow me, I desire to express my surprise that a Senator who or- not be merely $4,000,000, but ·it will be $40,000,000. I do not like to dinarily observes so carefully the amenities of official as well as find any fault with what my brethren do, but I must say that before social life should allow himself to employ such t.erms of opprobrium tables of this character are spread upon the records and sent forth to as thJse which he has directed against the Assistant Secretary of the people of the United States great care ought to be taken to see the Treasury in connection with the report to which he has referred. that they are reasonably, correct. Of the opinion of this man I have Passing by the merits of the question under discussion, I exceedingly nothing to say. I would not give a rush for his opinion. He says regret that my friend should use such language toward an officer there should be"$28,000,000 taken from the expenses of the Govem- whose only offense is that he entertains aud bas expressed certain ment for miscellaneous matter because of the war. That is his opin- views and conclusions concerning which the Senator entertains a dif- ion. I am not going into that at all. It is not worthy of my posi- ferent opinion. tion, nor of the Senate. When I have unmasked· the fraud of the Mr. EATON. Iaccepttberebnkeof thedistinguished Senator from man, I leave him to be dissected hereafter by others. · Nebraska in good temper, but I have no words to take back. I am So I say, Mr. President, in regard to these tables that were presented onl~ sorry that the Senator from Massachusetts proceeds to defend here a. few days ago, and have gone forth to the people probably to this man; that is all. That I regret. . He proceeds to defend the be used as a campaign speech, let this go forth also to show that there Assistant Secretary in a transaction full of deceit, as is perfectly is fraud here, to show that one of the high officers of the Government plain. He takes the entire expenditures aft.erhe has executed judg- has been guilty of this fraud, aud he one of the men who are brought ment upon one lmndred millions more or less, and he proceeds then here to swear to the Committee on Finance that the accounts of the to deduct 12~ per cent. from the whole amount, and my friend from Government are correct. Sir, point me to a man who will put a table Massachusetts tries to excnse him on the ground that the Army pay of this sort forth, that I know, and you know, and every man knows was increased some time. Was the civil pay increased Y Was every- :who will look at it, is a fraud, do not bring that man before this grave thing increased enough to make up the forty-nine millions which I body in order t.o make tho people believe that the accounts are right read¥ No, Mr. President, not so. It was an error. It was designed in the Treasury or any other Department. to deceive the people. ' Sir, what I say with' regard to this paper, which was made by the Mr. WALLACE obtained the :floor. Assistant Secretary of the Treasury, I ought to have said days and Mr. PAITERSON. Mr. President- days ago, because I know that it has done harm. I know the news- Mr. ·wALLACE. I will yield for the pr&~ent to the Senat.or "from papers have seized it, I know that speakers upon the stump have South Carolina. seized it in order to show that there was but little more cost in 1875 Mr. P .A.TTERSON. I am very much obliged to the Senator from to the people of the United States in the maintenance of their Gov- Pennsylvania for yielding to me. I have been trying to get the floor ernment than there was in 1860, and I should have made this expla- all day. nation long, long ago. · · Mr. President, the resolution of the Senator from Indiana pro- Mr. President, I desire to say but one other thing, and then I trust it poses to print 10,000 copies of the President's message. Objection is will be the last time I shall have occa~ion to engage in a discussion made to that on the ground that the papers are ex parte, Let us of this character on the fioor of th~ Renate. I have not desired it. inpective parties to the afl'air at and I know that whenever, upon whatsoever pretext, large bodtes of citizens can Hamburgh. I mentio~ this as a fact, and as apparently the most trustworthy in- be coerced by force or fear into absenting themselves frOm the polls, or voting in dex of the motives and aims which inspired those who brought on this conflict. a way contrary to their judJ5!Uent. or inclination, the foundation of every man's As affecting tho public peace, however, the ejj'ect of this massoore is more im- civil freedom is deeJ?ly, if not htally, shaken. portant t.han the motives which prompted it. 1Jpon this point I c·m speak with I inclose for your mfonnation resJ.leCting the Ham burgh massacre t~e following more confidence. It is not to be doubted that the effect of this massacre has been documents: The report of Ron. Wllliaru Stone, attorney-general of thiR State; the to cause wide-spread terror and apprehension among the colored race and the re- report of General H. W. Purvis, adjutant and inspector gene1·al; a copy of all the publicans of this State. There is as little doubt, on the oth('r hand, that a feel- evidence taken before the coroner's jury; a copy of t.he printed statement of Gen- mg of triumph and political elation has been caused by this masRacre in the minds eral M. C. Butler; a copy of a lett~r adllressed by me to Ron. T. J. RoBERTSON; of many of the white people and democrats. The fears of the one side correspond an address to the Amencan people by the colored people of Charleston, and a sim- with the hopes of the other side. il'\r address b:v a committee appointed at a convention-of leading representatives I do not intend to overstate any matters connected with this affair, nor to omit of the colored people of this State, at Columbia, on the 20th instant. any statement whi~h S6fflDS to me essential to a full understanding of its signifi- I have the honor to be, your obedient servant, cance. It is_certainly tme that most, though not all, of those who have spoken D. H. CHAMBERLAIN, through the newspapers or otherwise here, on the white or democratic side, upon · f:Jovernor of South Oarolina. this matter, have condemned the massacre. Their opposition t.o such conduct bas The PRKSIDE.\'T. not, however, sufficed. to prevent this massacre, nor do I see any greater reason for believing that it .will ~o so in the future. That c~ass which now ~ngage in this I now ask ~ttention to the letter of the President ln reply to the cruel work certmnly d1sregard the expressed sentiments of those who assume to letter of Governor Chamberlain. I have been amazed, and I am sure speak, for the most pa.rt, fot· their communities, and go forward without fear of pub- the country will be no less so, to bear the criticisms of Senators on this lic opinion or punishment. It is sometimes asked,_Why do not the colored race return this violence with vio- letter. How the President could have said less I am at a loss to con- lence W Why do they suffer themselves to be thus terrorized, when their numbers ceive, and in their cooler moments, when this subject is contemplated greatly exceed those of their enemies in the localities whure many of these out. in the light of history, those Senat.orM who have condemned the Pres- rages occur' The answer is not difficult. The long habit of command and self- ident wiU regret that their partisan feelings should have led them so assertion on the part of the whites of these southern States; their soperiorint.elli· gence as compared with the colored race; the fact that at least four. fifths of the far astray. property of these St~'\tes a.I'tl in their hands, ara C'\uses which contribute to give EXECUTIVE MANSION, them an easy v.hysical superiority thus far over the recently emancipated race, Washington, D. 0., July 26, 1876. which still exhtbit the effoots of tlieir long slavery in their haiJit o.f yielding to the DEAR SJR: I am in receipt of your letter of the 22d of July, and all the inclosures n.ore impeiious and resolute will and the superior intelligence and material re- enumerated therein, giving an account of the late barbarous massacre of innocent souroes of the white mEm. men at the town of Ham burgh, South Caroliria.. The views which you express as Add to this that in almost every southern community there may be found a con- to the dnt.y you owe to your oath of office, and to the citizen, to secure to all their siderable number of daring, lawless, reckless white men, accustomed to arms and civil rights, including the right to vote according to the dictates of their own con- deeds of violence, over whom the restraints of the sentiments of the better and sciences, and t.be further duty of the Executive of the nation to give all needful more <_JOnserTative classes of society have little, if any, power, who are inspired aid, when properly called on to do so, to enable you to insure this inalienable right, by an"mtense and brutal hat1'6d of the negro as a free man, and more particularly I fully concur in. The scene at Ham burgh, as cruel, bloodt-hirsty, wanton, unpro- as a voter and a republican, and you have t-h e elements which would naturally give voked, and as uncalled for as it was, is only a repetition of the course that has been rise to, lllld in point of fact do give rise to, nearly all the scenes of bloody violence pursued in other southern States within the last few years, 11otably in Mississippi which occur in the Southern States. Besides all this, another fact must be noted and J,ouisiana. Mississippi is governed to·day by officials chosen through fraud here, o. fact which, in my judgment, marks and explains the worltl.wide difl'erence and violence such as would scarcely be accredited to savazes, much less to a civil- between the effects of such occurrences as t.bi8 at Ham burgh upon the mass of the ized and Christian people. How long these things are to continue or what is to be white people here and the effects of deeds of blood and violence upon the people the final remedy, the great Ruler of the universe only knows. Bnt I have an of other sections of the country; na.mely, that such occurrences as this at Ham- abiding faith that the remedy will come, and come speedily, and earnestly hope burgh have generally resulted in what is thought to be political advantage to the that it will come peacefully. There has never been a desire on the part of the democratic party here. From this fact it results that the white people here are in· North to humiliate the South. Notbin~ is claimed for one State that is not freely duced, to a CODBiderable extent, to overlook the naked brutality of the occmTence accorded to all the others, unless it may oe the right to kill negroes and republicans 5316 CONGRESSIONAL RECORD-SENATE. AUGUST 8, without fear of J;Junisbment and without loss of cnste or reputation. This bas Whilo these negotiations were ~oing on, tho Brnled body of whit~ men in the town lleemed to be a prrvileae claimed by a few States. were concentrated on the bank of the river near the Sibley building.. Soon after I repeat alest as well as tne proudest mtizen, and I will giTe they had was n. portion of that issued to the company when it was first organized. every aid for which I can find law or constitl:!tional power. Go':e~n~ent t~t ca~· After the firing was begun it was returned by tho militia, and one of tho attack· not give protection to the life, property, and all g~a:ante~l CIVIl ngb~ (m this ing party, McKee Merriwether, was shot through tho head and instantly killed. country the !!l'eatest i& .m.untrameled ballot) to the cttizen ism so far a failure, and .After this a piece of artillery, said to belong to the Washington Artillery, of Au. every en~rgy of the oppresse~ should ~~ exE-rted (alway~ within the law a~d by gusta., was brought over from Augusta, and fonr charges of canister were fired from constitutional means) to rcrram lost pnvileges or protection. Too long demal of It upon the armery, but without injuring any one. 'fhe perl!Ons in the armox:.y es- guarantP.e~1 rights is sure to lead to revolution, bloody ruusl~tion, where suffering caped from the rear by means of lauders, and hid under .floors of adjacent buildings must fall upon tho I!Uilty as ~ell as the ~ocent. Expressmg the h~pe that the or where>er else they could find shelter. better judgment ana CO-Operation Of the CitizCD8 of tbe St~te OVe:i." WhiCh you have The first man killed by the wbite.i was James Cook, town marshal. He had been presided so ably may enable you to secure a fair trial and punishment of all offenders, in tl: .:~ armory, but was not a member of the company. He had gone into the street without disti.n ction of raoo; color, or previous condition of . servitude, and without from the rear of the Sibley building,' and wa.s at once ftretl on and fell dood in· aid from the Federal Government, but with th? yromise of such aid on the co?ili· stantly, pierced by five or six bullets. Afterward the whites began their search tions named in the foregoing, I subscribe myself, very respectfully, your obedient for the members of the company. They succeeded in getting o.tiout twenty. five servant, colored men as prisoners, some of whom were never m .aiuers of the company. As U.S. GRANT. fast as they were captured they were taken to a place near tho South Carolina Rail- Ron. D. H. CHAMBERLAl"!f. road, where a. large party of armed men stood guard over them. None of those Governor of South Carolina. thus captured had arms In their hands. Su bseq'uently, and at about two o'clock a.. m., six men took A. T. Attaway out of But the rrovernor waited until he could get further information. He tho" ring." He and his mother beg.(!eY Afterward, Albert Myniart, Mo~es Parks, aml Ilampton Stephens were killed. he is respected by people of all classes. He goes to Hambnrgh and monly Stephens ·did not belong to the company. Noltler John Parker, who has been com- refen·ed to in the newspa1>er reports as John Thomas, was corporal in tho makes tills report to the governor of the State. The report of the company. When he was arrested and taken to tho spot where the other prisoners attorney-~eneral is inclosed by Governor Chamberlain to the Presi- were, be recogt:~ized amona the party two ~entlomen of Augusta, named Twiggs dent. It lS as follows: and Chaffee. He appealed' to them' for protection. They said lie should not be OFFICE OF ATTOR~"EY-GENltR.U., hurt. He states that General M. C. Butler asked if be was one of the u-d :r:wcals. Oolwrribia, South Carolina, J vly 12, 1876. The reply was in the affirmative. ITo was then shot in the back. Messrs. Twig~s and Chaffee then said if he was shot again t.h ey would shoot the on s who dill1t. Srn: Accordin..,. to :YOur request of Monday last~ I have visit-ed Hamburgh for tho They took him off, and had him taken to August~ He was shot before Attaway purpose of ascertainmg the facts connected with the killing of several mea there waa'killed. He may recovt'lr from his wounds. on the night of the 8th of July. One Butler Edwtuds waa taken as a prisoner. He says he was taken before Gen. My information has been derived chiefly from Trial Justico ~v~rs and fr~m the eral Butler, who at the time was in the street near the Sibley building. This was testimony of persons who ha.v~ been exammed before the coroner s Jury, now m ses. about twelve o'clock. 11ion, and from those who recCived wounds from the armed body of wb1te men who Threats were made to shoot him. General Butler directed tha.t he be taken t.o bad taken them prisoners. From this information the following fa-cta seem to be the others. He recognized among the crowd one Cn.ptain Carnile and-- Dunbar, cleal'ly established : of A.ugUBta; said he had a long talk with the former. He was among the prisoners During the administration of Go;ernor Scott a company of State militia w~ or· who were let loose and told to run ; aa they ran they were fired at, and he was shot ,:ranized at Hamburgh, of which Prince Rivers was captain. This company was in the head. He was not a member of the company. known as Company A, Nin~h Regi~eot Na~om~l Guard of the S~~te of South Ca.ro. Willis Davis, one of the membel'8 of the company, wa.s taken to tho place where lina. Arms were at that time furmsheeralstores and houses, and, in somo instances, robbed tho inmates. They took pany was thus drilling Thomas Butler antl Henry Getzen, his brother-in-law, came from Mr. Charles Roll, the postmaster, and a very resp(lcta.ble white citizen, a gun along in a ca.rriarre, and demanded that the company should make way for them. which be had in hill store, and his private propert~. From an old colorotl man Adams halted th'6 company, remonstratocl with Butler and G~tzen for thus seeking named Jacob Samuels, in his employ, they took a watch and Ret Jiro to his bouse. to interfere with the company, and called their attention to tho fact -that there was Th(\y broke open the house of TnalJ'ustice Rivet-s and did much dmu:tge, as W(.lll as plenty of room on each side of the company to pass. robbed bim of clothing. They obtainetl korostme oil and attempted t.o set fire to a l'imling them unwilling to ~urn out of their courec, Adams finally opened ranks house, but were prevent~d by.Colonel A.. P. Butler froru doing so. The ropes of the antl allowecl them to drive through. pfl'blic wells were cut., anrt some fences wore torn do\Yn. . This incitlent seems to have angered Butler and Gi:ltzen, who made complaint So far as I c1Ullearn, the prim3Jjobject of the whitea was to t'lke away from the before Trial Just-ice Rh-ers ag~nst the militia comrany for obstructing the high· militia their arms. way. The trial justice on the following rlay issu6( a warrant against Adams, as Tho man Parker, who was wouniled. states that on Friuay, tho 7th instant, he be was the captain of the cort~pany, and had him brought bef_oro. hin~ :ior trial. had a Ion~ talk with ono Harrison Butler (white) on Broad street. Augusta. But- During tho pro!!Tess of the tr1al.Adams wa.'l arrestell by the tnal JUStice for con· ler told him that if Rivers did not give orders for tho militia to give up their arms tempt of cowt, "and subsequently the case was continueu until four o'clock Satur- they would take them any wa.y on the next day. day afternoon, July~- On Saturday rumors were abroad in Ham burgh that there were armed parties At that time Butler and Getzen, with General M. C. Butler, who had been om- com ina in to t.ertlict ~s. r~ndered it will be imt;:~fii~le to tell wh~ were en- asked if some other arrangement could not be made, to which General Butler re· gaged in the attack on the militia and the subsequent - g and wounding of the plied in the negative. colored men. Biver& then a.skell if be would not consent to h.we him receive tbe arms, box It may be possible that a careful, judicial investigation may sbow some slight them up and send them to the governor, t.o which General Butler replied that he errors in some of the minor details stated in this report. But making due allow- would b~x them up and send them to the governor, and if he (the governor) should ance for such errors, the factA show the demand on the militia. to give up their -return them to the company it would be at his own risk. Rivers then asked if arms was made by persons without lawful authority to enforce s.uch demand or to they would ~ive a. bond for the arms, to which Genor:ll.Bntler said that he wonld receive the arms had they been surrendered; that the attack on the militia to stand the bond, and, turning to another person-I think R. J. Butler-asked if he compel a. compliance with this demand wa~ without lawful excuse or justification; wouldn't go on a. bond also, to which ho replied that he would. llivers then asked and that aft~r there had. been some twenty or twenty-five prisoners ca.ptured and for time before fire should be openocl on the militia, so that he might have a. confer· completely in the power of their captors, and without means of making further once with the militia officers. This was acct') to repeal part of Lapham, Lawrence, Lev.v, Lewis, Lord, Luttrell, Lynch, L.vmle, Mackey, Magoon, section 5 of an act entitled "An act authorizing the repavement of Maish, MacDougall, McCrary, McDill, McFarland, McMahon, Meade, Metcalfe, Miller, Mills, Monroe, Mor:.ran, Morrison , Mutchler, Nash, N ew, Norton, ~eill, Pennsylvania avenue," approved July 19, 1876, was received and read Packer, Pa:.re, Pavne. William A. Phillips, Pierc-e, Piper, Plaisted, Platt. Popple- a first and second time. ton, Potter, PoweU, Rainey. Randall, Rea, Reagan, John Reilly, Rice, Riddle, John The bill was then ordered to be engrossed and read a third time; Robbins, William M. Robbins, Hobert.,, Robmson, Miles Ross, Rusk, Savage, Scales, Schleicher, Sbeakley, Singleton, Sinnickson, Slemon11, A. Herr Smith. Will· and being engrossed, it w~s accordingly read the third time, and iam E. Smith, Spencer. Springer, Strait, Stenger. Stevenson, Stone, Tooaa, Terry, }lassed. Thomas, Thompson, Thornburgh. Throckmorton. Washington Townsend, Tucker, Mr. WILLARD moved to reconsider the vote by which the biUwas Tufts, Turney, Van Vm·bt>ll, John L. Vance, Robert B. Vance, Waddell, Wait, passed ; and also moved that the motion to reconsider be laid on the Charles C. B. Walker, Gilbert C. Walker, Walsh, Ward, Erastus Wells, White , Whitt.horne, Wig:;inton, Willard, James William11, James D. Williams~ J eremiah table. N. Williams, BeliJamin Wilson, James Wilson, Woodburn, Yeates, ana Yonng- The latter motion was agreed to. 184. NOT VOTING-Messrs. Abbott, J.Qlm H. Bagley, ,jr., Banning, BaM, Bell, Bliss; STOCKBRIDGE AND MUNSEE L.'\'DIANS. Blount~ Bradley, John Young Brown, Buckner, Samuel D. Burchard, William P. Mr. MORGAN, by unanimous consent, from the Committee on In- Caldwell, Caniller, Cason, Chapin, Chittenden. CochranP, Collins, Gowan, Crnpo, Culberson, De Uolt, Denison, Dobbins. Dunnell, Ellis, Ely, Fuller, Glover, Goode, dian Affairs, reporte(l a bill (H. R. No. 4086) for the relief of the Stock- Hale, Robert Hamilton, Hancock, Haralson. Henry R. HarriR. John T. Harris, bridge and Munsee tribe of Indians, in the State of Wisconsin; which Hartzell, Hatcher, Hathorn, Hays, Hendee, Henkle, Abram S, Hewitt, Hill, Hol- was read a first ld, Gause, Gibson, Goodin, Gunter, .Andl:ew H. Hamil- amendment, we cannot con sent to have this bill acted on. ton, Hardenber;:h. Ben,jamin W. Harr is, Harrison. Harhidge, Haymond, H ender- son, Hereford, uoldsmith W. Hewitt, Hoar, Hoge, Hooker, Hopkins, House, Hub- The question being taken on the motion of Mr. PIERCE, there bell, llunton, Thomas L. Jones, Joyce, Kasson, Kehr, Kimball, King, Knott, Lane, were-ayes 33, noes 43; no quornm voting. '5324 CONGRESSIONAL RECORD-HOUSE. AUGUST 8, Tellers were ordered; and Mr. PIERCE and Mr. BLAND were ap- The SPEAKER pro tempore. The gent leman from Pennsylvania poin1td. · · moves that the House resolve itself into the Committee of the Whole Mr. BLAND. I ask unanimous consent to make a statement. I on the state of the Union, and that motion must be put to the House. will yield for any amendment which the gentleman from Iowa [Mr. KASSOS] desires to offer. (Cries of "Regular order."] I want it un- SU~"'DRY CIVIL APPROPRIATION BILL. derstood that I will yield to allow tho gentleman from Iowa to offer Mr. HALE. I rise to a privileged motion. amendment!;. The SPEAKER pro tempore. 1.'1le gentleman willatate it. Mr. KASSON. I am asking for the right of all members of the mi- :Mr. HALE. I call up the motion to reconsider the vote by which norit.y to offor amendment8. the President's message was referred to the Committee on Approuri- Many M.EI\IBERS. ["Regular order!"] ations and ordered to be printed, and upon that I wish to be heard. ! Mr. BLAND. I will say that I am willing to yield for amend- Before I go on, however, I give notice that before the end of the hour menta--. • I will, by arrangement, yield to the gent]eman from Pennsylvania, The SPEAKER pro tempore, (Mr. CLYMER.) The regular order is [Mr. RANDALL,] who will afterward take charge of the motion as the called for; and the gentleman from .Missouri [Mr. BLAjD] will take chairman of the Committee on Appropriations. his place as a teller. Mr. HOLMAN. Is this t.be regular order of business T Tile House diTided; and the tellers reported-ayes 11, noes 66; no The SPEAKER p1·o tmnpore. It is a privileged motion. quorum voting. Mr. YEATES. What is the motion f Mr. SAVAGB. I move a call of the House. The SPEAKER pro tentpore. The gentleman from Maine calls up Mr. BLAND. I ask unanimous consent to make a statement. the motion to reconsider the vote by which the President's message l Cries of "Regular order!''] was referred to the Committee on Appropriations and ordered to oe The question being taken. on the motion of Mr. SAVAGE, there were- printed, and is entitled to the floor for one hour. ayes 23, noes 37. Mr. HALE. Let me say to gentlemen of the Honse, wllile there was Several MEMBERS. "Further count I" anything seemingly important pending, while there was any actual Tellers were ordered; and Mr. SAVAGE and Mr. PIERCE were ap- business, I did not seek t-o obtrude this matter. Having charge of it point~d. all the time, I deem this tho moat suitable time to oall it up, and I The Honse divided; and the tellers reported--:ayes 23, noes 49. propose now to proceed with what I have to say. So the mot.i on for a call of the House was not agreed to. Mr. BANNING. Will the gentleman yield to meT Mr. KASSON. Mr. Speaker, has the morning boUl' expired T Mr. HALE. My friend from Massachusetts asked me to yiela. to Mr. BLAND. I wish to state that I am willing to allow such amend- him. ments t o the bill as gentlemen may desire to offer. . Mr. BANNING. I ask tl1e gentleman to yield to me in reference to The SPEAKER pro le?npo1·e. Upon the point made by the gentle- m por tant business. If he will let me state it he will see that it is man from Iowa [Mr. KAsso~ ] it is the duty of the Chair to announce m portant. It is in reference to supplying scouts-- that the morning ltour has expired. :Mr. CLARK, of Missouri. I ask the gentleman to yield to me a m<1- 11r. SAVAGE. I make the point that., without regard to the lapse . ment. of sixty minut.es, the moming hour does not expire till some business Mr. WIDTE. I hope the gentleman from Maine will not take me of higher privilege interven&~. off the floor until I have finished my explanation. Tho SPEAKER pro tempore. The point taken by the gentleman Mr. HALE. I see 1 shall have to yield my whole time if I yield t-o fi·om Ohio [Mr. SAVAGEJ is sustained by the Chair, that tile inter- one, and therefore I rnnst go on. vention of some business of higher privilege is necessary to terminate Mr. RANDALL. I hope the gentleman from Maine will be allowed the mornlnJ{ hour. · to proceed without interruption. Mr. BLAND. As I have said, I am.willing that gentlemen shall The SPEAKER p!'o tentpore. The gentleman from Maine is entitled offer snch amendments as they desire to this bill. to the floor on the motion to reconsider, and will proceed. Mr. KASSON. I demand the regular order. - Mr. HALE. Mr. Speaker, I propose, as certain short-comings of t.bis The SP.EAJ{};R p1·o tcmpo·re, (Mr. SA'l'LER in the chair.) There is House bavo been referred to in t.he message of the President, to review uo regular onler, ·nnlcsesome superior motion is made. somo of the incidents and events of this session of tho House of R~pre- ·Mr. GARl'IELD. I move that the House proceed to the considera- sentatives. I am all the more inclined to this duty, sir, because upon tion of the bnsiness on the Speaker's table. Tuesday last tho gentleman from Mississippi [Mr. LAMAR] declared Mr. BLAND. I do not yield to any such motion. 1 am willing to that there is a wide and general dissatisfaction with tho republican yield to allow gentlemen to offer all the amendments they want to. : party throughout the conn try, and that the people demanded a change. Tl1c SPEAKER pro tempore. The motion of the gentleman from While Jistening to that declaration, I thought of the counter-blast of Ohio is that tile House proceed to the business on the Speaker's table. Carl Schurz, who says lately that whatever may be the errors of the :Mr. BLAND. Does the motion to go to tile business on the Speak- republican party, it is very clear that democracy affords no relief. er's table take me off the floor! Luckily t-h e present House of Representatives gives us the chance to The SPEAKER pro tempore. The morning hour has terminated by judge of democracy, not by its promises, but by its performances. the motion to ~o to business on the Speaker's table. It is a superior That party carried the country in the half revolution which swept motion and ism order at this time. over the country in 1874. To all appearance it had the popular Mr. BLAND. Have I not the right to raise -the question of consid- voice behind it. It secured almost two-thirds of the members up- oration T on this floor, thus giving to it almost irresistible power to drive The SPEAKER pro tempore. The only question before the House through any needed and justly desired reform, should it take upon is the motion to go to the business upon tile Spea-ker's table. its shoulders any such measure. It bad to all appearance, I say, the Mr. BLAND. I hope that motion will be voted down. popular voice to sustain it. Democracy was llere in such strength The SPEAKER pro ten1p01·e. The House can vote it down if it that whatever wise measnres it should propose for actual relief to wants to. any suffering interest, there never baa been a time when it could not The motion was disagreed to. against all objections in other quarters drive both the Senate and the Mr. BLAND. I insist on my motion for the previool\ question on Executive into consona11t action. For, Mr. Speaker, it has never t.he silver bjll. been, and I venture to predict will never be the case, that the popular The SPEAKER pro tempore. The morning hour has·expired. branch of the American Congress, when it is committed to any just Mr. WHI1'E. I ask unanimous consent to tv.ke up the following measure of 'refori)J, any: wide-reachin~ policy that meets with• ap- bill for consideration and put it on its passage at this time-- proval from the people, can be stayed etther by the Senate or by the Mr. BLAND. Is tllat ot any higher privilege than my demand for Execumve. In that regard, whenever that question and that time the previous question 1 shall be reached, .American history will duplicate English history, and The SPEAKER pro tent71ore. Certainly not; but the Chair will state it will be found, as it should be found, that with the House arrayed to the gentleman from Mis-1onri that the morning hour bas expired, for the right, and the Senate or the Executive arrayed for the wrong, 1bat it necessari1yexpired on the making of the motion to go to bqsi- the Senate or the Executive must and will yield. ness on t:lle Speaker's table. The morning llour having expired, the The dominant party in the House of Representatives had such an .gent.lemau cannot get back to the morning hour to-day in any way opportunity afforded it when it assembled on the first Monday of De- • the Chair-knows of. cember last as no party has ever llad. The whole country was intent · Mr. .HOLMAN. I demand the regular order of business. upon tlle action of that party fo:t the coming session. It bad been The SPEA.l{f'ZR pro tempore. What is the regular order of business. sent here upon certain promises of reform in directions that affected Mr: HOLMAN. It is the gentleman's bill. • the living interests of the people-the question of civil service reform, _ TheSPEAKERp1·otempore. No,forthatisintberuorninghour,and the question of relief from t axation, the question of finance and the mornjng hour has expired. the currency, and other broad general questions-upon nono of which Mr. CLYMER. I move tbat the rules be suspended and tbe House that party failed to promise largely in the canvass, that resulted in its :resolve itself into the Committee of the ·w hole on t he state of the success. In December last its promises matured, and it wa-s con- Union. fronted witll pay-day. :Ur. WHITE. I am sure there will be no objection to the bill I ask Now, Mr. Speaker, I have no time to speak at Jength of the specta- be put npon its passage if it is properly undel'stood. 1.'here was only cle that Washino-t-on City presented to the country at the dato of the one objection marle t-o it on tl.Je Private Calendar, and the gentleman assembling of lhi.s Congress. There were t-o be distributed by t.be who made that objection now withdraws it, as it was made by him dominant party in the _House in all perhaps three b umhed offices, ouder wis3pprellension. reckoning from the page upon the floor and the folder below np to 1876. CONGRESSIONAL RECORD-HOUSE. the Speakership and Clerkship of the House. And every: gentleman District of Columbia, Mr. Buckner, of Missouri. here remembers that the city was crowded in its streets, that the Judiciary, Mr. Knott, of Kentucky. hotels and the corridors of the House were thronged, and that for Pnblic Expenditures,:Mr. Milliken, of Kentucky. every place a hundred. hungry applicants presented th~~lyes here Private Land Clership of this House. The Committee of Claims, nth all of of that e!ement in ' he democratic party which carried the country the responsibility of dealing justly w!th. good cl~s and ~et of pro- into civil war and mainta ned that war for four cruel, tragic, deso- tecting the Treasury from bad. oues, 1s m the hst. The I!fiportant lating years. There w~ throughout the country~ f.'TOwing suspicio.n Committee on Commerce, tr~atmg some of ~he largest snb.J.ect~ that that this was a threaterungdanger. T.b.e democra.t1c leaders knew this the American people deal w1th. The Committee for the D1stri~t of feeling of apprehension in the country; they have always denied it, Columbia; the Committee on theJU(liciary, the great law comnuttee and there ha.ve been hero and elsewhere many protestations of mod- of the Honse; the Committee on ~rivate Land. Claim~ i, the Com- esty from gentlemen representing t~a~ el~meut in t~e .democratic mittee on Manufactures; .the Commtttees on Indmn Affatrs, on ~a­ party, that with them there was no ex1stm~ mten t of gammg the con- val Affairs, on Foreign Affairs, on Railways and Can~ls, on ~es tl·ol of the Government through the control of the democratic party. a.nd Mining, on Edncation and Labor, and · other committees are m- The gentleman from :Mississippi [Mr. LArtiA.R) in his speech de- trusted to southern men. clared-! do not use his exact words-that if any man believed that A.nd in this first act of the democratic party through its Speaker, there was any danger of the South getting control of 1-he democratic indicating where in the future power mnst be lodged if ~hat party party or th? country, it was a h~llucination which obseryation and a obtains control of the Government, I find that the seet10n of the little expenence would surely dispel. I do not quote his language, country from which I come, New England, ~ltbough she felt then;- but the spirit. of his statement. vulsion in 1874 and elected a large delegatiOn of democrats to thiB Now, the Speaker of this Honse sat in that chair, th~ represe•tative Congress was not awarded a single chairmanship; while Kentucky of the whole part.ythat harlmadehim Spoaker. He it was who could Jtas fonr,'Missonri aa many, Virginia three, and other southern States feel his party's pulse and measure its demands. As I have always be- several each. lieved he is a very fair man; a man who will endeavor under any I have here an old Directory of Congress in th'e days before the war, circur~stances to do what he believes is right, withal an intense party and looked it over to see how committees were apportioned man, and one who, instead of setting himself in the way of a pro- thenI have and I do not find the South more strongly intrenched than nounced demand by his party, would seek to answer that demand • . now 'under the Speaker of this House acting at the dictation· of his Bis first duty was to organize the committees of this Honse and to party at the beuinning of the Forty-fourth Congress. Yet wo are to appoint t.heir chairmen. This is one of the most delicate duties in- be lulled by thg talk which we h~ar that there is.no dange~ of ~he trusted to the Speaker of the House. The legislation of the country southern element in the democratic party controllmg and diCtatmg is shaped in the committee-rooms. The voice of the committee is its course in the future. Bearing upon this and showing how closely uttered bv its chairman. His influence is largely potential; he rflp- :resents the essential interests committed to his committee, and aside most of these prominent gentlemen were connected with t~e "lost I give a li~t of the members of thisCongr~ss who were Ill some from his membership is looked upon by the country, if he be a man of cause," way associated wtf.h the "confederacy." The hst has been made np prominence, as the indication of the policy to be pursued by the com- from the Congressional Directory. mittee on matters submitted to -it. These chairmanships a.re the highest honors that the Spea.ker can confer. They are greatly desired .Rebel officers in Congress. by the ablest men in the House. Now I have here a list of the committees of the Forty-"fonrth Con- Name&. States. Rank. gress, with the chairman of eaeh and the section and State from which he comes. I ha.ve taken the thirty-three old standing com- mittees of the House, who do its work, who shape legislation, who BEN!.TORS. give tone and character to all that we do here. 1. Goldt-hwaite ....... ............ . Alabama ....... . Adjnt.ant-genera1. 2. Jones ......................... Florida ........ . Bri~adier ·general. Cornnlittees of tlle Forty-jou1·th Co11greBB with soutluwn cltai1'111en. 3. Gordon ...... . ..... . .......... . Geor~a. ....... . MaJor-~eneral. 4. Alcorn ........................ Mississippi.~ .. . Brigadi.er-generlll. Elections, Mr. Harris, of Virginia. 5. Cockrell . • . . . . • . . . . . • . . . . . . . . . . Missour1 ....... . Major-generaL Pacific Railroad, .Mr. Lamar, of Mississippi. 6. Ransom ..••.• -··· .............North Carolina .. Maior·~reneral. Cla.ims, Mr. Bright, of Tennessee. · 7. Key ........................... Tennessee .... .. Lieutenant-colonel. 8. Maxey ........................ Texas ....•••... . Major-general and Rnper- Commerce, .Mr. Hereford, of \Vest Vh·ginia. intendent Ind.i an atra.ire. Post-Office and ~oot-Roads, Mr. Clark, of Missouri. 9. Wtthers ....................... Virginia ....... . ColoneL 5326 CONGRESSIONAL RECORD-HOUSE. AUGUST 8, Rebel ojftcers in Congress-Continued. Joseph F. Wilson, assistant postmaster, entered the service from lllinois, and in one of the battles of the war had his lower jaw entirely shot away. Francis A. Wardell entered the service in 1861, in a Massachusetts regiment, and Names. States. Rank. was totally disabled by wounds received at the battle of Winchester, Virginia, September 19, 1864. ' J. H. Paine entered the Army from Ohio, and served honorably dnring the war. REPRESENTATIVES. R. S. Bishop served in a Michigan regiment during the war, and had his ann shot away by a rebel bullet. 10. Willhms .................... . Alabama .••.... . Major. R. S. McMichael, while in service in a Wisconsin regiment, nearly lost his 'eye- 11. Bradford ..................... . Alabama....... Uolonel. sight in the honorable discharge of his duty. 12. Hayes ....................... . Alabama. ...... . B1·igadier-general. D. B. Bradley enlisted in a \Viseonsin regiment in 1861, and was honorably dis- 13. Hewitt ...................... .. Alabama . • • . . . . . Colonel. charged November, 1864. . 14. Forney ............ . .......... . Alabama. . . . . . . . Brigadier-general. A. M. Legg, from New York, served during the war in our Navy. r 15. Lewis ....................... . Alabama . . . . . . . Colonel. C. M. Thomas, Iowa; J. H. Lytle and W. B. Ses ions, New York: J.D. Sernn 16. Gause ........................ . Arkansas ....... Colonel. and n: F. Bishop, Pennsylvania; and Cripti Palmon~ District of Columbia, were 17. Slemons ....................... . Arkansas....... Brigadier-general appointed from civil life. . 18. Gunter ....................... . Arkan11&8. ... . . . Colonel. The employ6s of the Forty-fourth Congt'ess are as follows: 19. Smith ........................ .. Georgia . . . . . . . . Captain. James M. Stewart, Postmaster, from Virginia, was captain in the rebel army, and 20. Hartrtdge .................. .. Georgia . . . . . . . Colonel. served with J. E. B. Stuart's raiding cavalry. 21. Cook ........................ . Georgia . . . . . . . . Major-generaL Edgar Snowden, assistant postmaster, from Virginia, was a press correspondent 22. Hill ........................ -- Georgia . . . . . . . Colonel recruiting service. in the rebel army. 23. Black burn ................... . Kentucky...... Lieutenant-colonel G. W. Rock, Virginia, served in the rebel army. 24. Gibson ....................... . Louisiana....... Brigadier-general. G. W. Kennedy, Virginia, served in the rebel ::mny. 25. Ellis .......................... . Louisiana . . . . . . . Captain. A. W. C. Nowlin, Vrrginia, served in the rebel army. !lli. Levy ....................... . Louisiana....... Colonel. W. H. Robertson, Virginia, served in the r.ebel army. 27. Lamar ................ . ...... . Mississippi . . . . Col. and minister to Russia. J. R. Fisher, Virginia, served in the rebel army. 28. Hooker ...................... . M!ssissippi . . . . . Colonel. W. B. Lowry, Virginia, served in the rebel army. 29. Franklin ..................... . ~sso~........ Uaptall:t. E. C. Glass, Virginia, served in the rebel army. 30. Clark ......................... . Missoun........ Brigadier-generaL The other employ6s are Richard Allen, Virginia; Edward Estes, New York, who 3l. Yeates ....................... . North Carolina.. Major. took the modified oath. · 32. Waddell ...................... . North Carolina .. · Lieuwnant-colonel. 33. Davis ........ ~ ................ . North Carolina .. Captain. I must touch lightly upon this matter of the outside organization 34. Scales ........................ .. North Carolina.. B1igadier-general. of the House. . 35. Robbins ...................... . North Ca1·olina .. ColoneL . 36. Vance ........................ .. North Uarolina. . Bri~ier-general. Here and there individual cases attract attention and deserve men- 37. Dibrell ........................ . Tennessee . . . . . . Brlgailier-gencrnL tion, both as showing removals without cause and also showing the 38. Whitthorne .................. . Tennessee . . . . . . Aiterates the charge, but presents no proofs. I now say tor the last time that the ignored them as of little account or confessed its ·incompetency by allegation is false and malicious, and if the Tribune baa or can get any proof that I, refusing to deal with them, and embarked in a wild crusade of in- or any member of my: family, e¥er named a child John Wilkes Booth, we say give it to the public without delay. Who are your witnesses and what are they T It is an vestigation. Now here with a party in power during four presiden- easy matter for an editor-especially one who fought four years to save the Union- tial terms there was an opportunity undoubtedly for some good to be in his retiracy-~lowing with patriotic ardor, to mdite gushing philippics over the done. It was by no means new ground. No· republican Congress grave of a. dead mfant. But it is another thing to produce facts that sustain such a course. This crusade of the anti-democratic pre.<~s against i,be clerk of the Com- had for the last ten .years failed to investigate when real evils ap- mittee of Ways and Means is not only unfounded in truth, hut it is partisan and peared and to censure and punish both friend ancl foe alike. Bnt malicious, and is the smallest and most contempt !ble episode in the history of there was yet some opportunity for improvement, and when the cru- American politics. The Tribune has been imposed upon by the envious and the sade was started the country looked for some goocl out of the· effort. malignant ; its patriotic indignation bas been lashed into a rage at the sight of a Quaker gun-nothing more, nothing less. But, Mr. Speaker, while the House sent thirty-three committees into Tho Tribune may also be gratified to know that the clerkship of the Committee investigating duties, which monopolized their time and drove out all of Ways and Means is a matter of small considera.tioq to its present incumbent. other subjects, yet the method and manner was such that from the The clerk was appointed on the sole recommendation of prominent democrats who beginning the whole movement was paralyzed. Then first was bad served long and faithfully on this committee, and while the chairman is not responsible for my appointment yet my resignaLion has always been subject to his adopted as the almost unvarying policy-! believe the Committee on will and pleasure. Will the Tribune suggest to the chairman of the Committee of Ways and Means was the only exception at first-what bad only been Ways and Means some suitable gentleman for his clerk, after learning that he bas in rare cases ever attempted before, the sitting of these committees a familv and what he has named his children¥ No mistakes should be made. In in secret; investigations conducted with closed doors. Parties who conclu8lon, we ask the Tribune if there is anything in either of the new amend- ments of the Constitution, the reconstruction acts, acts of Congress, proclamations, were investigated found, months after secret investigation had been or military o'rders that prohibits a man from naming a child anything be chooses ~ set afoot, for the first time that they were under accusation. The "We are in our father's house," and will never knowingly violate any law or any- minority members of the different committees had the padlock of thing done in pursuance thereof. We shall never invade, under any pretext, the secrecy put upon them, because of a false notion of the honor due to domestic circle or the graves of innocents. JAMES P. HAMBLETO:N, the committee by them as membe~. Clerk of Committee of Ways and Means. Secret meetings of the members of the majorit.y upon the committees W ABIIDIGTON, D. C., February 8, 1876. were frequently held, and one result of all this was that when any P. S.-If there is any additional statem.e nt you desire to make, please prepare it, facm were brought out that affected any prominent member of the and inclose it to your regular Washingt~n oorre8p(>ndent, that I may comply, if party of themajorityin the House the investigation was suppressed. No possible, with your patriotic demands. J.P. H. committee oared to follow up the claim of the Kentucky Railroad wbich had been forced through one of the Departments when it was learned that a leading democratic aspirant for the Presidency was implicated. MR. HAMBLETON ACCOllMODATED. When it found that John Roach bad contributed money to the election {From the Washington Patriot, Monday, July E, 1872.] of a democratic member upon this floor no attention was called to it. DIED. When Contractor Swift tolrl the committee that his largest·contribu- HAMBLETO!'l.-At the Exchange Hotel, Washington, D. C., on the morning of tion had been in aiel of democratic elections the committee felt that July 3, 1872, at 10 minutes past seven, of inflammation of the brain, John W. B. they had beard enough. And :Mr. Commissioner Davenport opened Hambleton, aged 6 yearn, 3 months, and 17 (lays, youngest son of James P. and up the condition of the elections in New York City under democratic Martha L. Hambleton, of Atlant.a, Ga. rule so effectually that another committee, like the California hunter, The case of Doorkeeper Fitzhugh is so well known that I need drew off from the trail because "it was getting altogether too fresh." not give it much time. He was the" bigger man" than Grant. He But whenever any slur could be put upon the hitherto fair reputation had been brought here before the democratic caucus because he had of a prominent republican the committees were eager and anxious to been either doorkeeper or sergeant-at-arms of the confederate house bring it forth. of representatives dming the war, and that was not a claim to be Let me give au instance or two of these investigations and of the disregarded. · That was a claim with my friends on the other side so manner in which the democratic party conducted them. It has been overtowering that it was not asked, "Is be honest T" it waa Iiot the party that heretoforo has set np loud claims of devotion to the asked, ''Can he spell!" it was not asked, "Can he write T" it was not individual and private rights of the citizen. One of the first things a-sked, "Is he fitted by attainments and experience for this impor- that one of the committees of this House did under the general author- tant placeT" But because of his "war record," I suppose, he distanced ity given it to investigate everything was to send to the paper-mills all competitors in the caucus. , where a mass of telegrams from the telegraph offices had been sent 5328 CONGRESSIONAL RECORD-HOUSE. AUGUST 8~ and to secure them for the tiBe of the committee. Why, ?t!r. Speaker, the other day) seventeen. The appropriation bill for the sundry civil one cause of the success of the electric telegraph bas been the fidelity expenses of the Government has several pages decorated with items of its employes to the citizen who commits hi~ most secret commum- to pay for services upon these committees. I venture to ~ay, and I cations to the companies. This confidence is a thing that ramifies all measure my words, that the additional expenses of this House over business and social life. But the investigating committees of this and above the ordinary expenses of years immediately preceding, House broke through all that, se4zed the dispatches, and spent their when they are Rll in for the ent.ire session, will ag~egate in the time searching for private messages that bad been brought from the neighborhood of $1,000,000. A very large item of this lS of course the vats of the paper-makers. printin~, the cost of which cannot now be told. Why, Mr. Speaker, the secrets, captured the information there Had great results been reached all this money mi~ht be well affortlcd. gained, these committees had no more right to, as a matter of prop- Butsett.ing asirletheresultof the War Departmentmvestigatiou where erty, than they have to a gentleman's purse. They gained them in republicans contributed to the end as freely as democrats, the outcome no bett-er way than if they had stolen into a gentleman's house and of the investigations is a. mass of partisan reports to be used for cam- had hidden behind his door or under his bed, and had listened to all paign purposes,.and while no money of the Government is shown to the con:ft.dences and secrecies of his household. Let me give an in- have been stolen by officials, it is proved that the defalcations and stance of the craze that followed this hunting up of private records. losses are smaller than at any period in our history. A Cabinet minister, whose wife was at the seaside, received a dis- The democratic party claims, and that is about all that is left to it patch something like this: "Arrived safely; baby well. You must ont of thl8 session, that it has reduced the general expenditures of decide about the cook." To the committee this was a vastly myste- the Government. Now that is, if true, a claim that should be ad- rious dispatch, and the Cabinet minister received from the chairman mitted, and our friends on the other side should be given due credit. of the investigating committee a curt note,. copying the dispatch and I wish that I had more time to giYe than I have now; but I cannot calling npon him to furnish the cipher for its interpret.ation. Think pass it by without noticin~ it, although my hour is" waning. of the gross .maladministration [laughter] concealed under this dis- Now, what does that cla1m amount to in truth f Reckoning from patch, and how the chairman of the committ-ee must have racked his the last year's appropriations, tho reductions made in the appropria- brain to gather its true and bidden meaning. tion bills of this session, when it shall have drawn its loug length Can any craze go further than this 7 Why, sir, the famous absurdity to an end, will perhaps amount to not far from $25,000,000. To do of Sergeant Buzz-Fuzz-" Mutton Chops and Tomato Sauce"-is this the consnlar system has been put in peril, the Navy and the common sense compared with this committee inveetigating &Depart- Army have been put upon short rations, laborers upon Go.vernment! ment of the Government. ' works have been cut off, and small salaries have been reduced. In a But we have gone on far enough to ascert.ain that one result fol- few days almost a thousand helpleas men and women in Washington lowed from all tbis. It was a thing that my friends on the other side will be turned upon the streets. hated to look in the fare at first, hated to provide for in appropriation Now the Committee on Appropriation.s and my friend the chair- bills. Bot it soon became evident that the bills for ail t.his had to be man of that committee [Mr. RANDALL 1 will claim that I have admit- paid. The city of Washington. was full of men who had been sum- ted that the democratic party in this itouse has reduced the people's moned here aa witnesses from every comer in the land, some of whom bnrdeus by the amount of 25,000,000. Si~, I do no such thing. I wanted to t~stify and return to their homes, while others preferred to start with this n.s my cardinal proposition; no man can tell what wait while their fee-bills rolled up. The Sergeant-at-Arms had sent credit shotllcl be given to this Honse of Represent::.tives until the his messengers out in all directions. The Government Printing Office closing day of it.a term on the 4th da.y of March, 1877. It is no new had from the be~inning a surfeit of matter thrust upon it for print- thing that the good which has been done io. the first session of a Con- · ing. The committees had to be given clerks and their salaries had to gres.'i has been undone in its second se~ion. be raised. This very day, on a report from the Committee on Ac- The American people will wait before this House is given credit for counts, the salary of the clerk of one of these committes was raised. a reduction of $25,000,000 in expenditures until it sees the waning, Now, I wonder if gentlemen know, with all their claim of economy, dying days of this Congress; so first, as ent,erin~ into this discussion how they have illustrated it in this House, where they have had full of _th~ actual amount of appropriations, are all the subjects of appro- swing. I had the figures made up for me four days ago, and I found pnatiOn that have been postponed. There have been some reductions, that there were then thirty-three clerks of committees of this House some advisable, desirable reductions, which I am glad that I have under pay, while never in the time of republican administ.ration were helped to make. But when it is found how much of this $25,000,000 there ever more than twenty-nine. .And sil!.ce that list waa made up is simply a postponement of needed and necessa,ry expenditures, then for me two more have been added. some correct rule can be adopted in awarding credit to this House. The democratic party has been, and is now, running the most expen- But there is another matter that wi 11 have to bo considered ; not in sive session of Congress that the Americ~n Republic has ever seen. this session, but in tho nex.t., in order to determine . the question of I I have here a list of a few of the items of expeiJse in some of the what this House shall have credit for. I refer to the immen e mMs committees, only including fees, mileage, and per diem pay of wit- of south(\rn claims, private and public, that are lodged in the com- nesses. It is only a small part of the investigating bills: mittee-rooms of this Honse, as my friend from Ohio [Mr. GARFIELD] said the other da.y, to be launched upon thiB House after the elec- "fr!r;o a:!u:!d~: :::::::::::::::·:::::::::::::::::::::::::: :~:::::: :::::'i~~ ~ tions.· Commerce ..•.............•• ·-············-··········-····· .. -·······-.. 259 16 My friend from 11-fi~sissippi, [.Mr. SINGLETON,] a membor, along Post-Office and Poet-Row ...................................... -....... 2, 3!31 21 with myself, of the Committee·on Appropriations, brought out in the District. of Cohunbia . ....................... ··················-· ..••.. .. 1, 472 90 early part of the session, in a colloquy upon this floor, what, wa.s in- f!gf;~arlif~i;.s: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~f tended upon that side of the Honse. It covered the Southam Pacific : ~~.Lr~~~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::: 5, ~ l~ on Railroad and the levees of the Mississippi; and he only fought shy, monition from wiser members of his party, when I t.axed him with i:;~~~ p!:~~~ ~:::::::::::: ::::::::::::::::::::::::::::::::::::::.:::: ~~ ~~ complicity in the scheme for having the cotton tax refunded out of Publio Buildings and Grounds.·-········-······························ 286 10 the Treasury. Printing ..•... ···············-··················· .. ···- .. •·••··•••··•••• 928 74 Mr. SINGLETON. Will the gentleman allow me a single word f Expenditures: Mr. HALE. I cannot yieldnow, because I have so little time. The Sta.te Department .... ·- ..•••. ···-·· ..................... ·-·'"···-·-··-·· 325 -47 gentleman will have ample opportunity for reply. Treasury Departmeut .•.•• - .••••• ·······--··-·· .•• . •••••.•..•••••••••••• 2, 081 07 Mr. SINGLETON. I only want t-o say- War Department ...........•...•••.••. .•..••.... ·-···· .•. ·····--· ...... 8, 203 74 Mr. HALE. I cannot yield. I will put into my speech tho col- 535 98 ~::Zo~~~a~:~~~~i:::: ::::::::::::::::::::::::::::::::::::::::::::: 936 GO loquy with the g"6ntleman from Mississippi as it appears in the REc- -4,509 5H ORD, so that the gentleman shall not be misquoted: ~g~;~~;i: ~ ~:::::::::::::::::::::::::::::::::::: ~::::::::: 45 ~6 1, 788 74 2, 650 05 10 00 [From the Con.~ession:ll Record, February 4, 1876.} Mr. Sr~mLETO)I. * * * Now, sir. let ua be dono with this. I came here ns your brother; I came here as your frientl; [ oame here with the purpose of pro- Ru1ea ... ······-·· .................. ····-· ········- .. -·-··. ·-·-·· ·--· .••• Select committees: moting tho interests of my own people' j\:lll yonrs. I Rhall strive in all my acts to build up the ruined South. I want :ron before Uti~ Uougr<'ss a~journs to nasist rue Texas Frontier .....•.. .•...•••.••..••..••• ···-·············-·-···· .. ••• 1, 410 72 in two or throe echerue.'l directed f{) tba.t end, wludtl l·~llove you will clo, because Freedman's Bank ..•...•......•.••• ·-···· ........ ·-·········-········-·· 1, 027 29 your own interests imperativoly demand such a. '~ourse. I want to builn up tho R-eal-Estate Pool. •......•• _. ....... _••...•••••• _••.•.••••••••.••.•••.••• 1,377 39 Mississippi levees and reclaim jti,j alluvial soil, which will prove a more fruitful ~~~sr~l J'ffi::~t: L~~i~i~~.::::: ::::::::::::::::::::::::::::::::::::::: 9,000 00 3, 261 15 source of wea.lth to the United Sht&! than tho Black Jiill~> of tho Tcrrito1·ius or tho 218 95 mines of California.. because it is from thiR inexhanstiblo soil of tho delt.a of the Char~es a~ainst Jud~e Wylie .. ...•.....•... ·········-······ .•.. ······-· .Mise AAippi Rivet· that we can raillo 7,000.000 bale~ of cotton o. _v0:1or if properly pro- 16 00 ~~~'b~~~~\c~n!~~~::::::::: :::::::::::::::::::::::::::::::::: 316 90 tected from ovo11low. We expect to ask a smn\1 s such real-est.ate poo and to furnish snell information to said committee struction of all private rights in the country occupied by such parties. This de- as the nooks in his possession may contain, and the said committee are direct~d to struction may as well commence at once, and the responsibility of it must rest examine said Hallet Kilbou' n and his books." upon the authorities at Richmond,who have acknowledged the legitimacy of guer- Mr. RANDALL. I move that that resolution be laid on the table; that is the · rilla bands." ri"'ht wa.v to treat it. . By Mr. FAULKNRR. of We!~t Virginia: A bill to pay Abram' H. Herr $'21,067.51 · lli. WELLS, of Mississippi. I call for the yeas and nays on that motion. for the use of land and buildings on the island of Virginius., in the Shenandoah Mr. HOLMAN. I rise to a question of order. I did not yield the floor for the :pur- Ri'\'er at Harper's Ferry, by the Quartermaster's Depat-tment, from February 26, pose.of the introduction of anything for action. The gentleman from Mississippi 186u~ ap- given, because no one objected when he put the question, and the Chair put the proach of the end of the session, tbe absence of many members who question distinctly to the House. Mr. BLOUNT. The gentleman from Indiana [Mr. Houu.N] objected. I beard desire to part_icipate in the discussion, and the -indisposition to take .him. up at this stage of the session a question of such great importance, I Mr. Hm:..M:AN. I tried to object. am induced to ask that the further consideration of the joint resoln- The SPF.AKER pro tempore. The Chair did not bear the gentleman, although be tion be postponed nntil the second Tuesday in Decemper next, and was waiting for objections. · [Cries of •·Regular order I "J . made a !:!pecial orderfor that day, and from day to dayuntil disposed 'l'he question was taken on Mr. RANDALL's motion; and there were-yeas 138, of. nays ~· not votin,r 68; as foll2ws: . • * • • Mr. WILSON, of Iowa. I object. Mr. CONGER. I object to it as a continuing special order from day Mr. Speaker, I might cite instance after instance where the domi- to day. I have no objection to it being as !~ned for one particular day. nant party here has sought to override rights heretofore re8pected Mr. WARD. I hope the gentleman will not object. It is now a. and unquestioned. It has conducted its investigations in secret, and Rpecial Ol'der, and I wish merely to fix a definite time when it is to be has ordered the head of a Department to communicate an facts known taken up for consideration. to him, without regard to the importance of secre<>y in detective opera- Mr. CONGER. I have n9 objection to fixing a definite time~ bnt I tions against knaves and thieves. It has demanded the custody of do object to making it a continuing special order from day to day department-al papers, sometimes if given up to be put in charge of unt.il disposed of. flischarged incompetent employ~s who had been adopted by the com- Mr. ·w ARD. But it is now a. Eq>ecial order from day to day until mittees as clerks or messengers. In its demands upon Cabinet min- dispo ed of. istAN and their subordinates it has been exacting, imperious, and not The SPEAKER pro tempore. No new rights would be acquired by infreCJnently rude and insolent. I commend to its consideration the the gentleman frotn New York under thi~ motion; for, as he has al· letter of President Jackson to HenryS. Foote, formerly chairman of r.ea{ly stated, it is now a continuing special order from day to day the comn;llttee to investigate general charges of abuse against the until dispo ·ed of. executjve department as applicable to the present methods of dem- Mr. CO~GER. Being desirous of defeatin~ every possible measure ocratic inquiries. The following sentences will indicate its character: looking t.o this end, I wish to give it no new life and 110 new place. The heads of DepHtments may an. that now if the South has a fair to promote the education of the colored cbildren of the nation. He share of chairmen, it is but a compensation for the past. ha.s placed it on the basis of illiteracy, and iu spit-e of northern preju- :Mr. DURHA.l\f. Just one moment. Out of forty-four only seven dices. I think you cannot complain of t.he constitution of that com- were given to the South. mittee, on tbe ground that it is sectionally southern and African. It Mr. COX. I am corrected. Out of forty-four only seven were given ought to be southern; and so it is made. to the South by the Speaker from Maine, [Mr. Blaine.l Of course my Upon the Committee on the Revision of the Laws of the United friend from Maine [Mr. HALE] would not or did not look that up. But State.~ there are nine North to two South. The Committee on Coin- mere chairmanships of committees are not important, for I have been a age, Weights, and Measures are seven to three. The Committee on chairman myself. [Laughter.] The point is, bow are committees Patents are six to fiv_e. The Commi!tee on Publie Buildings and made as to majorities and business. That is the point. l!rom it is Grounds, aeven to four. The Nort-h still predominates. ·seen the patriotic or partisan animus. The fact is that my friend's theory about the making up of com- mittees i1t this Congress by Mr. Speaker KERR is not borne out by the COST AND ·UTll..ITY OF INVESTIGATIONS. Upon the Committee of Accounts they are four North to one South. • facts. You must look not to the chairman, but to the\ID.ajority of a And what a splendid Committee of Accounts we have in this House! committee,. to find the essential elements and voice of a committee [Laughter.] How the chairman of that committee will carry out econ- which direct both t,he action of the committee and to a great extent omies when he becomes governor of t,he State of Indiana! [Laughter.] that of the House. I challenge m:v frienu from Maine when he goes to Indiana to stump. But I arose, sir, principally for the purpose of calling attention to for Governor Hayes to take up and scrutinize the accounts of thh~ Con- the unsectional and fair constitution of the committees of this Con- gress under the auspices and vigilance of our chairman of accounts. gress1 so as to repel the aspersions of ihe gentleman from Maine. He says that they will amount to a million doUars. He will find that And now are they J under the management of our blue-jean governor they have been well The Committee of Elections have a majority from the North; the expended, just and fair. When the gentleman complains that we have Committee of Ways and Means have also a majority of one from the been expensive this session he must remember the great expense that North; the Committee on AppropriatiOJ1s have seven from the North has been incuiTed in investigations. He says $1,000,000. He must to four from the South·. I wish t.he House woultl notice that by the remember who caused the investigations. It is a mere guess as to North I mean above Mason and Dixon's line, and how badly the gen- the amount, however. ""Why, sir, suppose the amount true; it would tleman fi·om Maine bas interpreted the unsect.ional action of Mr. pay us if wespent five milJions. We need it as an example to future Speaker KERR. The Committee on Banking and Currency have nine Hollses and future officers in the conduct of the public business. We from the North to two from the South i the Committee on the Pa~fic need to spend much as a preventive of fraud. Shall we not examine Railroads, which was mentioned by tne gentleman [Mr. HALE] m a into and develop fraud because it costs money' Why, my fi·iend peculiar way, have seven from the North to four from the South; from Tennessee, the chairman of the Naval Committee, [Mr. WHIT- the· Committee of Claims have seven from the North to four from THOR ~E,] while making an examination about naval affairs, struck an the South; and~ by the way, most of these war claims, of which they account of 23,000 with Donald .McKa:v, in Boston, which has been re- have jurisdiction and to which sinister reference was made, are .owned funded to the Treasury because of this very committee of investiga- by nm·thern men ; four-fifths of them. tion finding out .the mistake. The investigation paid for itself and A MEMBER. All of them loyal men. more. Altogether, I believe, there have been thus far only $116,000 Mr. COX. Yes, speculators who bought them up; and, gentlemen charged against investigations. If the truth were known, sir, that on the other side, you know it. [Laughter.] I do not know a man amount has already been paid up in full by results, and ten times over. from New England who bas not a li~tle speculative turn. [Laugh- Besides, I am informed that tho Printing · Committee discovered one ter.] The Committee on Commerce have seven from the North to item of over a thousand dollars due from one firm and caused its col- four from the South. My friend from Maine is interested in com- lection, and thus more than paying all e:x:pens~s of that peculiar in ves- merce aud shipping, and the committee on that subject have seven tigation. So that directly, not to say indirectly, the discovery of from the North and four from the South. He cannot complain of this wrongs is useful even in a pecnniary ·sense. - arrangement. We have not revived shipping yet, because we have not Mr. Speaker, I was simply going over the list of committees to pastied our reform tariff bill to take the taxofi'of certQin articles which show the proportion of northern to southern men upon them. I desire enter into a ship. But some day or other, when Governor Tilden is thus to repel the atta.ck upon Mr. Speaker KERR, who formed them. Pre ident, we will revive shipping in Maine and elsewhere, in spite The next is the Committee on .Mileage, on which there are three of the exacting and destructive policies of the republican party. northern men to one from the South; Joint Committee on Printing, I am going over the committees in their order. Upon the Com- two to one; Joint Committee on Enrolled Bills, four to one; Joint mittee on the Public Lands there are nine North to two South. On Committee on the Library, two to one; Committee on Expeodit.ures the Committee on the Post-Office and Post-Roads they are six North in the State Department, four to one; Committee on ~xpenditures in to five South. On the Committee for the District of Columbia they t.he Treasury Department, seven to two; Committee on Expenditures are eight to three. On the important Committee on the Judiciary in the War Department, three to two; Committee on Expenditures they are eight to three. On the Committee on War Claims, let it be in the Navy Department, four to one; Committee on E:x.penditnres in remembered that there are seven North to four South. On the Com- the Post-Office Department, two to three. I harilly see how that hap- mittee on Public Expenditures they are six to five. On the Commit- pened. Perhaps the Speaker thought he bad been leaning too much tee on Private Land Claims they are five to four. in favor of the North and wildly changed the proportion here! The Here let me pause on the next. It is the Committee on Manufa-ct- criticism t.he gentleman from Maine intended has on this little commit- ures. Well, what do they do f Have they ever met or reported Y tee missed its mark. The Committee on ExpenditUI·es in the Int-erior What are they constituted for r The Speaker of our Honse has act- D~partment has four to one; Committee on Expenditures on Public ually given a majority of one to the South on tltat committee! No, Bui~dings, six to one; Committee on Expenditures in the Department I beg pardon; be has made them even, five to five. That is the only of Justice, six to three. Yet ho~ useful have we made all these here- lead I have struck as yet where there is not a -majority of northern tofore useless committees on expenditures. They became active in- men. Why should not the North, which bas predominance in popu- struments of honesty. There was a reason for it. But does it detract lation and interests, have a predominant voice on the committees f from the utility because northern members predominate f The truth Upon the Committee on Agriculture there are six North to 1ive is, our honored Speaker only thought of honest men, and not of sec- South ; and yet the fruits of the soil, cotton, grain, &c., are not all tions,·in forming his committees. North. Upon the Committee on Indian Affairs they are as seven to The next is the Committee on Reform in the Civil Service. Here five. Upon the Committee on Military Affairs there are seven to four. thereareeightNorth tothree South. God knows there is agt·eatneces- Upon the Committee on the Militia, six to five; upon the Committee sit.yfor such a committee, as well for a reform in the civil service-not on}~· a val Affairs~ seven to four; upon the Co~mittee on Foreign in this House and its constitution so much as all through the country, Affatrs they are mght to three; upon the Committee on the Territo- from Alaska to Georgia, from Galveston to Penobscot, or what ever part ries· ~hey are nine to three; upon the Committee on Revolutionary of the world the gentleman from Mainemaylivein. [Laughter.] Now Peniwns they are seven to four; upon the Committe~ on Invalid len- the Committee on Mississi-ppi Levees are four North to seven South. sions there are six North to five South; upon the Committee on Rail- This, Mr. Speaker, is the third committee where there is a majority ways and Canals they are six to five; upon the Committ-ee on Mines ofeouthern men. If the gentleman from Maine hims61fwere Speaker and Mining they are eight to three. • would he not give a. majority of that committee to the Sonth! No f The next is the Committee on Education and Labor. Now, if I had Then I take him t.o l>e less fair than I always thought him to be. Wh.v been the Speaker of this House I think I would have given a majority should not southern men have the Mississippi levees in their own to the South on that committee; and would not my friend from Maine charge for report and legislation f They were so given in the .ap- have done so' Why f Because we are trying to educate the "wards pointment of t~e committee by Mr. Speaker KERR; four north- of the nation," by the help of the Peabody fund and public lands. We ern men to seven southern men. Is it not their peculiar interest f have bills to donate Federal property for a noble, educational, and They were appointed to take care of their interests just as the west- humanitarian purpose. My friend from Virginia [Mr. WALKER] bas tern men are placed on certain committees to care for territ{)ries and reported such a bill. Well, sir, that committee is the first I ba ve met, lands. The Committee on Rules are three to theNorth-fourinclud- upon which there is a majority of southern men. They are five North ing Mr. Speaker KERR, ex ojjicio a member. There is nobody.on that to six South! Is this any wonderful goodness in our Speaker! The committee except northern men. The Committee on the Centennial disti.pguisbed ex-g~vernorof Virginia, born in the North, is the chair- Celebration are eight to three ; Committee on the Texas Frontier rna~ of the committee. Who can complain of his designation as Troubles, three t.o two. There is a majority from the North even-on chaiTman f . He has reported from that committee a measure designed a committee about Te,xas affa.irs anq ~ts t,ro.ublous b.o~;~~r, • 5332 CONGRESSIONAL RECORD-HOUSE. AUGUST 8', FREEDMEN AND THEIR ROBBERS. IS THE SOUTH IN THE UNIONI Do yon desrre further rehearsal f The next is the Committee on 1\Ir. COX. I have an idea that the South is inside of the Union .J the Freedman's Bank. Now I favor giving to the Freedman's Bank now. I have an idea that they intend to stay. I have an idea that and its rascals a committee with a majority from the South. That is they should be treated fairly. If there is to be any criticism at all the fourth committee where the South have a prevailing majority; made upon this list of committees, ;t is that otir Speaker bas leaned the members being two northern to five southern men. Why should rather a~ainst t.be South in making up the body of the committees, it not be so f Who robbed the freedmen f Was it northern men f and in tavor of the North. Yes, it is so; do not shake your head; Was it New England men f Tltey might ha-ye had their hand in it, there is nothing in it, unless I make a mistake. [Laughter.] [Laughter] but those robbed are the labormg people South whose Now, the gentleman from Maine [1\fr. HALE] made an elaborate and, representatives, white and black, are here. It was right that the as I have already eaid, a" hefty" speech on this subject, and there affairs of the Freedman's Bank should be looked into by southern men. is no other way to answer it except by giving these simple facts. So th~Pchairman is Mr. DouGLAS, of Virginia; and there ar.e associated NOW LET US CARRY THE WAR INTO AFRICA. with him Mr. BRADFORD of Alabama, Mr. RIDDLE of Tennessee, Mr. The Cincinnati platform says: HOOKER of Mississippi Mr. BLISS of New York, and Mr. RAINEY of The national administration merits commendation for its honorable work in the South Carolina. The latter is a good, noble, kindly colored gentle- management of our domestic and foreign affairs, and President Grant deserves the man. How could this committee hcJ.ve l]een made better f and especi- continued and hearty gratitude of the American people for his patriotism and im- ally may I not say so in view of the fact that there was an entire mense services in war and in peace. unanimity in the committee upon the subject of their report and upon If that is the case, why did the distinguished ex-colleague of my the necessity of punishing the despoilers of the simplo freeclmen f friend b.·om Maine, Mr. Blaine, speak in the way he did about such Then there is the Committee on Real-Estate Pool aud·Jay Cooke a good man as General Grant and his associates as rogues f Why did Indebtedness; the members of that committee stand two North to your party at Cincinnati unload him f 'Why are you all the time three South. Mr. GLOVER, of Missouri, is chairman. Is it so terrible unloading! You unloaded a candidate for ~overnor in Indiana the to have him as chairman f I believe he was connected with some other day. What fort What had he done T Does no one answer T similar committee in a previous Congress. This is the fourth among Why did you unload Ex-Secretary Bristow f forty-odd committees where the South pre<1ominates. Besides Mr. Mr. HALE. I suppose the republican party in Indiana followed the GWVER, there are, Mr. LEWIS of Alabama, Mr. PRA'IT of Iowa, Mr. precedent of the democratic party, which bad unloaded their judicial SMITH of Pennsylvania, and Mr. CULBERSON, of Texas. Now no one ticket. cn.n object to the personnel of a committee of investigation like this; Mr. ROBINSON. We unJoaded one, and you unloaded four. Your nor because they are composed of three southern and twa northern me stole G7,000; and your party admitted it, and unloaded them. members. So it seems, sir, that out of some forty committees four or We unloaded one, and are now 10,000 votes ahead. five have a majority of members from the South! Is not this horri- Mr. COX. Yon see we never defend our rascals; you defend yours bly sectional ' when they are prosecuted. WHISKY AND ITS CROOKEDNESS. Mr. ROBINSON. You do not lrnow how to defend them. Then there is the Committee on Whisky Trials in Saint Louis. Bas Mr. COX. Do not interrupt me again. my b.iend from Maine ever read the history of these whisky trials f The SPEAKER pro tempore, (Mr. CLYMER in the chair.) The gen- What a trial it is to go through such crookedness! Have you read tleman from New York [l\lr. Coxl has the floor. Bluford Wilson's testimony f Do you know where it strikes f It is Mr. COX. Certainly I have. I do not want to get np any feeling worse than Jersev lightning when it strikes. rLaugbter.] Would on the part of the gentleman 1rom Indiana and the ~entleman from you have that committee made up entirely of northern men f Well, Maine. The speech of the latter. was not worth answermg. It was too here you have it! Here are the names: Mr. KNOTI of Kentucky, Mr. small, too microscopic in its fault-finding with this House. Yet I felt PHELPS of Connecticut; Mr. GLOVER of Missouri, Mr. COCHRANE of bound to do so in defense of our Speaker, who is ill and ab3ent. I would Penns:vlvania, Mr. MACMAHON of Ohio, Mr. McCRARY of Iowa, and not do so if he were here, and in health to defend himself on the floor Mr. PLAISTED of Maine. On the minority of the committee is per- from this attack. I feel bound to justify him in this House for the haps the best lawyer on your side of the House, :Mr. McCRARY. How nnsectional course he pursued in making up the committees of the can you complain of that as sectional f Yonr complaint, if any, ought Honse and in the general justice of his life and chara~ter. to be in another <1irection. · Mr. HALE. I made no personal reflection on the Speaker. I only Then we come to the Committee on Federal Offices in Louisiana. I claimed that he was impelled by his party. think I helped to appoint that committee as Speaker pro tempore. It Mr. COX. Well, now, sit down and you will feel better after that might be thought that on that committee there should be a majority remark. [Laughter.] · of southern members. But no, the proportion of northern to south- :.Mr. HALE. Does the gentleman feel any better for drawing it out Y ern members on that committee is six to three, and lll)On it is the dis- Mr. COX. Now, you know you would nut allow any interruption tinguished, pertinacions,'.and irascible person from Michigan, Mr. yourself; but I allowed yon to come in whenever you pleased, be- CONGER. (Laughter.] cause it does not hurt any one. [Laughter.] Mr. CONGER. I ask that the words of the gentleman be taken In conclusion, and in answer to the remarkable speech which we down. [Laughter. J have heard, and which may be called an incarnate ineptitude, [laugh- Mr. COX. I will ask that the gentleman himself may be taken down. ter,] I say that this House cannot be reproached this session with [Laughter.] I said nothing but what was honorable to him. any culpability. It is not 'amenable to attack for anything except the Mr. CONGER. I think it would take the whole force of the demo- indiscretion and impropriety of some two or three of its appointees. cratic party to do it. These we promptly removed. Mr. COX. The democratic party will not exert itself in that direc- PUBLIC PRINTER DEFENDED. tion very much. [Laughter.] Then there is the committee on charges Do yon not remember that upon a resolution introduced by myself against J D(lge Wylie which I appointed. It has five northern members the Committee on Printing made an inquiry into the conduct of the and two southern members. Last, there is the committee on charges Government Printing Office T That committee convicted your Con- against the Clerk of the House, with four northern members and one gressional Printer; and be was discharged. Who re-appointed him Y southern member. So that of all these several committees, except President Grant, whom you indorse. in your platform. Do you in- four or five, the majority of their members have been chosen from dorse :Mr. Clapp's administration as Printer f You were very prompt the North. to get up n. while ago. Do you indorse the appointment of Mr. Clapp Mr. HALE. Will the gentleman yield to me for a moment f as Printer to the Hoose and Senate 7 Mr. COX. With the greatest delight. 1\fr. HALE. Does the gentleman want an answer 7 Be seems to Mr. HALE. In making up this majority the gentleman of course invite one. includes the republican members, who are almost entirely from the Mr. COX. Yes, sir. North. Mr. HALE. According to the information I have received from Mr. COX. Did not the gentleman know that when I was going members of the minority who took part in that investigation, I un- over the committees f derstand that it was conducted entirely in an unfair, partisan man Mr. HALE. How is it with the gentleman's political friends f Do ner, and that there was r~ally nothing in the facts which warranted not the members from the South constitute the majority of the dem- the removal of Mr. Clapp. ocratic members on most of the committeeij! Mr. COX. Did not the enat.e and the House, by a legislative act, Mr. COX. I think perhaps the majority of the members on the agree that he ought to go out f • democratic side of the House are from the South, and perhaps hap- Mr. HALE. The House did. pily for the coantry, in its sectional emergency. Mr. COX. And the Senate concurred bjy'its conferees. You cannot Mr. HALE. Happily for the conntry f deny it. A MEMBER. The demecratic majority has the greater number from Mr. HALE. Does the gentleman mean to say that the Senate ac- the North. ceded to the position taken by the HouijC upon that report of the com- Mr. COX. That may be so. But is it anything against a man that mittee that conducted the printing investigation f he comes from the ~outh, if he is a good and honest committee-man Mr. COX. I did not say that. I say that on the sundry civil bill and investigator f both Houses agreed that Mr. Clapp should go out. Mr. HALE. My point was that the high places in this Honse were 1\fr. HALE. The Senate agreed that this office should be fille.d by given to these gentlemen from the South. presidential appointment; and I believe it should. I voted for that 1876. CONGRESSIONAL RECORD-HOUSE. 5333 principle in the committee of conference, as I would again ; and the I think I never served with him. But I have known good members President has re-appointed the same man. of Congress turn out afterward to be very bad men. [Laughter.) Mr. COX. You approve of that appointment, do you f Do you in- I do not say he was not a good member of Congress, but I do say that dorse the appointment of M.r. Clapp f all I know about him is the congratulations to the crooked people at Mr. !tALE. Certainly I do. . Saint Louis. [Laughter.) Mr. COX. Yon do f Mr. BURCHARD, of illinois. He was in the Union Army. Mr. HALE. Certainly. 1.Ir•.COX. He may have been a good soldier. I do not say any- Mr. COX. Well, that is the last feather on the camel's back. . You thing against the soldier. What I say is that ~ ud~e Pratt was some- are not the man to have made the speech you did. I mi~ht read upon how turned out and another gentleman put m h1s place, and all I you the report of the Committee on Printing and convmce JOU that know of the man put in his place is that ~e ~nt this congratulatory yon indorse that which is very, very wrong. You ought to know bet- telegraphic dispatch. [Laughter.) • ter, if yon have read the reports. Mr. CANNON, of illinois. Will the gentleman from New York Mr. HALE. What does the minority report hold f yield to me in that connection and for this reason-- Mr. COX. 0, well, we have had all that thoroughly discussed. Mr. COX. To vindicate anything personal, I will. Th() Senate and the House acted on it. The President has re-ap- Mr. CANNON, of Illinois. Not at all; but General Raum is from pointed your man; and now you indorse the Executive in putting my State. this printing business again in his charge after the exposures made in Mr. COX. Yes, sir; I know that. this House. Mr. CANNON, of Illinois. I merely wish to say this: He is well Mr. BALLOU. The gentleman from New York has asked why Mr. known in my State, and there is not a man in Illinois who has a bet- Clapp was re-appointed. ter reputation as an honest man and an able . .n than General Raum. Mr. COX. I cannot yield further. Mr. COX. But is it not so of Judge Pratt,• Indiana f · Mr. BALLOU. I say that there is not a particle of evidence from Mr. CANNON, of Illinois. I understand so. the beginning of that examination to the end to show that the Pub- Mr. COX. Then why is one put out and the other put in f [Laugh- lic Printer was not an honest, faithful officer. ter.] . Mr. COX. How often must I try to speak without being inter- Mr. CANNON, of Illinois. I am n()t speaking of that matter. I am rupted f I have not interrupted any gentleman on the other side. only spe.,king as a citizen of Illinois and as a Regresentative of Illi- The SPEAKER pro tempore. The gentleman from New York will nois, and defending General Raom against the imputation the gentle- proceed. man makes against his character. Mr. VANCE, of Ohio. I would like to say one word, if the gentle- Mr. COX. I did not make any imputation, sir; I know nothing of man from New York will allow me. him, except so far as that dispatch is concerned. Mr. COX. With the greatest pleasure. Mr. CANNON, of 111inois. Then I have nothing to say. Mr. VANCE, of Ohio. If the evidence ofeir. Clapp, the Congres- Mr. COX. Of course you have nothing to say. [Laughter.] sional Printer, and that of one man from New York, Mr. Garner, be Mr. CANNON, of Illinois. I have only.defended him. taken side by side they will be fonnd to substantiate the very mate- A..~ UNC'SUAL ABRANGEMENI' FOR INTERPELL~TION8. rial charge made in the report of the majority of the Committee Mr. COX. Don't you shake your finger at me that way. [Laugh- on Printing. To establish the majority of those charges nothing ter.] I wi11 get scared if you do. [Laughter.] n1ore is necessary than t.he testimony of Mr. Clapp himself, and that Mr. CANNON,of Illinois. With the permissiOn of the gentleman-- of the man in New York, from whom be made his purchases. I need The SPEAKER pto tempore. The gentleman from New York has not refer to the recent editorial comments of the New York Times the floor and will proceed without interruption. and other leading newspapers of the country, East as well as West, Mr. COX. If the gentleman will agree to put his hands in his and the Chronicle, of this city. pockets, he can go on. [Great laughter.) Mr. BALLOU. I wish to say there is no foundation for the state- The SPEAKER pro tempore. The gentleman has the floor, and will ment just made by the gentleman from Ohio; there is no evidence to proceed. sustain it.. Mr. CANNON, of ll~inois, rose. Mr. COX. I have been in this House sixteen years and have never Mr. COX. My friend must speak, if at all, by following my re- bad a chance to close a. debate tmtil this ses.~ion. I have never had a quest and condition, and putting his hands in his pocket. LLaugh- chance to speak without interruption, though [ scarcely ever inter- ter.] rupt anybody. Mr. CANNON, of Illinois. I have both my hands in my pockets now. DISMISSAL OF COMMlSSIOr-'Ea PRATT AND HIS 8UCCE880R. LLanght.er.] And I only want to say- What I want next to say is this: Mr. Pratt was dismissed as Com- The SPEAKER pro tempore. The gentleman from New York has missioner of Internal Revenue, was he not J At least indirect1yf the floor. Am I rightf Mr. COX. I will yield for one remark only. _ A MEMBER. He resi~ed. Mr. CANNON, of Illinois. I wish to say this: I did not seek to in- A MEMBER: Do not mterrupt him. terrupt the gentleman to mnke any point or to attempt to make any Mr. COX. Why don't you come forward, if you want to f [.Laugh- point, if I were capable of doing so. I do not 8ften interrupt gentle- ter.] Who was put in his place f A General Bourn. [Laughter.] men on the floor of this Hon86; but when the gentleman makes a A MEMBER. No, Raum, of U1inois. remark by innuendo- MI·. COX. Well, Mr. Raum, of Illinois, waspntin his place. What THE ARRANGEMENT BROKEN. is he known for f For sending a. dispatch about the whieky trials. Mr. COX. The gentleman has his , hand out of his pocket and is That is all I can recollect about him, except that be was in one of our shaking his finger at me again. [Great laughter.) Congresses, which was not very creditable. [Laughter.] The SPEAKER pro tempore. The gentleman from New York has the Mr. CONGER. The gentleman has been here sixteen years and floor and most not be interrupted. The Chair will not pennit it any ought to remt~mber his colleagues. longer. Mr. COX. Can I not have my chance on the floor without inter- Mr. CANNON, of illinois. Now, if the gentleman thinks that is very ruption f courteous or smart- Mr. CONGER. He has been with the gentleman on this floor and Mr. COX. I claim the floor after that remark. [Laughter.) he ought to remember him. · Mr. CANNON, of illinois. The gentleman ought not to cut me off 1.Ir. COX. I was not in that Congress and do not know anything that way, although he has the right to do it. about him. . All I know of him is the fact that he did congratulate Mr. COX. When you abuse my courtesy I want you to be quietly' the men who were engaged in crooked matters in Saint Louis. Do seated while I proceed with my remarks. you approve of potting him in and turning such a man as Judge Pratt Mr. CANNON, of lliinois. Very well, if you decline to yield fur- out f Do you suppose the people of Indiana who know Judge Pratt ther-- approve of thatf Everybody in Indiana who knows Judge Pratt, Mr. COX. I have yielded to you more than I ever did to any man respects him as an honest man. I have known him myself to act in . for the same amount of frivolous idea. relations of private trust. He is known as the honest man. Almost Mr. CAN~ON, of Illinois. Thank you. singular in that State, and in that respect, is ho thus known. But you WHY GOVERNOR JEWELL WE..~ OUT. could not stand him in that very remarkable Department. [Laugh- Mr. COX. Now, again, I want to know why Governor Jewell of ter.] .Whyf , Connecticut was compel led to resign. What was tha~ for f Because - GENERAL RAUM AND THE CROOKED DISPATCH. he said t.he country would not stand these strange removals and this :Mr. CONGER. Will the gentleman permit me to ask him if he curious conduct; nothing else. And yet the gentleman :from illinois knows anything in the world in the character or reputation of Mr. and others defend the administration of General Grant. Not one of . Rau.m that is not that of a high· minded, honorable, and honest man f them dare to go back upon the resolution of indorsement of General Mr. COX. I have· said that all I know of him in the world is a Grant at Cincinnati. Not one of the whole of that side of the House printed dispatch in relation to these whisky trials which he sent as a has yet been heard to take back one word of that platfonn eulogy congratulation. touching General Grant- :Mr. BURCHARD, of illinois.. The gentleman must remember that Mr. WELLS, of Mississippi, rose. he was a gallant officer in the Union Army. Mr. COX. And his services in peace as well as in war. A gentle- Mr. GARFIELD. The gentleman from New York ought to remem- man over there shakes his head. He does not believe in the Admin- ber that he served in Congress with us. istration f Mr. COX. He may have been a good member of Congress, though Mr. WELLS, of Mississippi. I do. I do not tak·) back one wor~ •· . 5334 CONGRESSIONAL RECORD-SENATE. AUGUST 9, THB ADHINISTRATION INDORSED. Dakota Territory; andif it shall be made clearlytoappearthat John Mr. COX. Then you come within my category. Not. a man on A. Morrow, who was a contractor for furnishing supplies of beef-cat- that side has failed to defend the Apninistration. Not one. That tle to the Indian agencies, bas delivered to Henry F. Livingston, agent was my remark. Yon all sta.nd by it. And thereby you stand by at Crow Creek, beef-cattle in lieu of 422,100 pounds, whicb.. be de- the removal of Pratt; you stand by the removal of the collector at livered to William H. French, agent, on 9th November,1870;ft Crow Philadelpbia who bore the same l'elation as Bristow and Wilson, and Creek, and for which Morrow afterward got receipts from Living- tlte appointment of another in his place who bore a different relation. ston, and collected from the Government on both, then the account- You stand by the accepted resignation and acquitt:tl of Belknap. ing officer shall be authorized to give French credit in his settleme:1t You stand by the enforced resignation of Bristow. You stand by the accordingly. removal of JewelL Yon stand by the removal of Bluford Wilson; of Mr. SARGENT. Is there a report inAihis case f • Yaryan, [laughter;] of all t.bat class of men who were trying to pun- The PRESIDENT pro tentp01·e. There is no report accompanying ish the guilty and npholrl the laws. 11'1 there any one to challenge the bill. . this remarkf You have favored to-day the retention of General Bab- Mr. OGLESBY. T}le facts are these: Fre~ch, the agent, was about cock in office, as well as in your platform, by the indorsement of the going out of his departm~nt. The man :Morrow delivered four hun- Administration. You have to-day on the :floor showed yourselves in dred and twenty-one cattle, and French gave him a memorandum of favor of the retention of the Public Prlr!.ter, Mr. Clapp, who has been the fact merely. :Morrow collected from the Department tbe valne of recommended for indictment. All through this b~autifnl civil-serv- the cattle on that memorandum. LivingRton came in immediately ice business, from one end of it to tbe .otber, you have manfully stood after French, and the cattle were deliTered to Livingston. Living- np for the Cincinnati pl<~.tform indorsing the Administration. I honor ston gave Morrow ano ther receipt. Morrow collected on both receipts. you for it. Wbysbou"d.vou nott General Grant is your representa- Afterward Morrow agreed with the Department to deliver a second tive man. Babcock a~elkuap are your representative men. Bris- lot of 421,000 poun·ds of beef-cattle on the foot. The Department ac- tow is not your representative man, or be would · not have been dis- cepted the offer; the cattle were delivered awl, as the papers show, carded here and at Ciooinnati. received by Livingston and reported to the Burean. The second lot When you say it has cost a million dollars for investigation this was delivered as the first lot, but French in the mean time had been session you thereby give that amount of credit. to the democratic charged on his memorandum and is still charged in the Treasury De- party and to this side of the Honse for undertaking with all the en- partment. All his other accounts have been settled, as the eecond lot ort:ry of Hercules to clean out the Augean stables. had been delivered in fulfillment of the receipts, and the account Now, sir, why is it when we are closing up the session you filibuster, completed. This bill simply authorizes the Treasury Department to as on yesterday, again and a):{ain, to prevent a full and prompt re- give French credit for the charge against him on the first receipt or port of these investiaat.ionsf Wby is it that, failing to stop these re- memorandum. port , you try to make up to-day for your gross delinquencies ai .Mr. SARGENT. It involves no expenditure, I understand 1 public servants by trivial exciJBes and small assaults on the constitu- 1\fr. ·OGLESBY. Not a dollar. tion and conduct of this borly J Why does the gentleman from Maine The bill was reportE:'cl to the Senate without amendment, ordered to make that sort of a speech w!Jicb Mirabean once designated when he a third rea-ding, read the third time, and passed. described hasty will-making-" Ab ir4to, ab imbecilli, a tef-rito, a deli- WITHDRAWAL OF PAPERS. nu,te." .Mr. HOLMAN. Give us the translation. On motion of Mr. CAMERON, of 'Visconsin, it WM Mr. COX. A speech angry, imbecile, fearful, and crazy. With of Ordered, That John H. Russell have leave to withdraw thtt papers in the matter his claim against the United States for tho destruction of the steamboat J. H. that classic remark I conclude. Russell while, a.9 alleged, in the military service of the United States. Mr. RANDALL. I move that the House adjoun. 1\ir. HOAR. Mr. Speaker- THE CALENDAR. Many mem,bers called for the regular order. Mr. CONKLING. I move that the _S enate proceed now under the The SPEAKER pro temp01·e. The regular ordir be4tg demanded,· Anthony rule to consider the unobjeoted cases on the Calendar. · the question is on the motion to adjourn. The motion was agreed ·to. The motion was agreed to; and accordingly (at four o'clock and The PRESIDENT pro ternpore. The Calendar 'viU be resumed at five minutes p. m.) the House adjourned. the point. where its consideration was last snspende the public, as it no reason why in this case there should not be this encouragement has reduced the price from $1.25 to thirty cents per gross, besitles furnishing a and this compensation given to these poor children. much superior article. Very little was realized by the inventor during .the first term of the patent, owing to his want of means to promote the business. He died, Mr. WITHERS. I ask whether the patentee has sold or parted with leaving very little property, and the children rece1ved only $500 each for their in- his patent f ;; tero.'!t in this and two other patenta. All that the inventor and his children have Mr. WADLEIGH. He has not. The committee certainly would ever received for the whole term of this patent will not exceed $3,500. In new of tho benefits received by the public by having a much snperior article for one-fourth not have recommended the passage of this bill in t.hat case. the former cost, the commit.tee are of opinion that a fair remun('ra.tion has not been Mr. WITHERS. If it is used so extensively it seems tome he ought rccei ved for the invention, and recommend the passage of a. bill authorizing the to have realized considerable profit. Commissioner of Pat-ents to hear said case, and to decide upon the ~:~ame according Mr. W.A.DLEIGH. It is only recently that it bas come into such use. to the practice of the Patent Ollice in cases of extension, duo notice having been . given to tho public, as in other cases of extension. · There has been no ca-se reporter! by this committee where there were not special circumstances which justified the passage of th!3 bill. I Mr. BOGY. I will no_t consume the time of the Senate in saying ujll agree to every word the Senator from Virginia bas said and that anything in opposition to the extension of this patent ; I will satisfy the Senator from Missouri has said. With every word of theirs the myself by calling for the yeas and nays. I am opposed to the exten- committee fully agree, and they have acted upon those principles. sion of patents as a general proposition. There may now and then Mr. COCKRELL. I voted against the bill which has just pa-ssed be a case where it is a matter of absolute right; but as a general to enable Moses Marshall to make application to the Commissioner of proposition, I am entirely opposed to the extension of patents. The Patent& for the extension of letters-patent for an improvement in reasons given in this reportarethestereotyped reasonsgiveninevery knitting-ma-chines, and I shall certainly vote against this, and I vote case, that fer the want of mea us or from some other cause the inven- against this not in consequence of any wrong-doing on the part of tor has not been sufficiently remunerated. I do know the facts to be, the committee; I vote against this ext-ension and against this bill·on and we feel it in my section of the country perhaps more than a.ny other the report of the committee just as the I:eport has been made and section, where we are annoyed with an endless multiplicity of pa- read here to the Senate. Taking every word they have said in the tents for everything. The farmer can use no implement of hus- report, I think it makes no case whatever authorizing Congress to bandry but what it is patented. We can have no machinery intro- extend this patent-right. It is just precisely the oase which every duced upon any of our steamboats, from the boiler to the upper- patentee can make and will make before the Committee on Patents. deck, but what is patented. There is an annoyance in that way, and The parties have received $3,500 for this patent-right for suspender- it is attended also with enormous expense and cost. I do know that buckles, the distinguished Senator from New York said, I believe; the farming interest of my section of the country is borne down by and t.he committee say they do not think this enough pay for that patents applicable to agricultural implements. patent-right for buckles. It llas simply come to a question of remu- For these reasons, stated briefly, I am opposed to the extension o~ neration. If a patentee in llis first seventeen years now, or fourteen this patent, as I am opposed to the extension of patents as a general then, does not make a fortune out of his patent-right, Congress ex- proposition, saying at the same time that there may now and then be tends it. It just simply is a question whether he makes much money a case where an extension is a matter of justice. I will not consume or makes little out of his patent right. I think there is no occasion any time. I shall be satisfied with calling for the yea-s and nays and in the world for passing this bill and granting the relief prayed for having my vote recorded in opposition to this extension. · here. Mr. CONKLING. I sympathize with everything my friend ilays; The PRESIDENT pro 'tempore. The question is on the passage of so d• the Senate, and I think the Committee on Patents governs itself the bill. accordingly for it reports only exceptional cases. I rose, however, The bill was passed. to ask the Senator not to call at this moment for the yeas and nays. LANDS IN KLAMATH INl)lAN RESERVATION. lie will understand why I make that suggestion. We want to get The next bill on the Calender was the bill (H. R. No. 1316) to adjust along with the Calendar if we can; and in the interest of the Calen- the claims of the owners of lands within the limits of the Klamath dar, I aak him not to insist on the yeas and nays, for if it turns out Indian reservation in the State of Oregon. · that the Senate finds itself without a q,uorum we defeat the morning :Mr. CONKLING. That will lead to debate. hour for this purpose. I am told this Is a matter about a suspender- Mr. EDMUNDS. That is not a short case; of course it involves buckle which a very credible man explained to me who told me the facts in regard to it. Taking the facts as stated, I hardly think the long debate. Senator would consider this a case which should not fall within the The PRESIDENT pro tempore. The bill will go over. exception to the role. · PROOFS IN HOMESTEAD ENTRIES • .Mr. BOGY. I am not disposed to r~ist the application made by The next bill on the Calendar was the bill (H. R. No. 2041) to amend the Senator from New York. I have explained my view and the view section 2291 of' the Revised Statutes of the United States. I believe of every Senator from my sootion of the countrf. I there- :Mr. CONKLING. I understand the &lliLtor having that bill in fore will not insist upon the yeas and nays for the reason suggested charge has no objection to its going over. by the Senator from New York. 1\Ir. KELLY. No; this is a House bill that I desire to have passed. Mr. WAD LEIGH. I will state that the views expressed by the Mr. CONKLING. Will it not lead to debate f Senator from Missouri are the views of every member of the commit- :M:.r. KELLY. Not at all. tee; bn.t they found that this was a case which was an exception. Mr. CONKLING. I reserve the right to object if it shall lead to Mr. WITHERS. So far as I understand the reading of the report, debate. · the only exceptional ground on which this application is based is The PRESIDENT pro t~mp01·e. The bill will b-e read for information. that sufficient remuneration has not been paid t() the patent-ee. It The bill was read. 5336 CONGRESSIONAL RECORD-RENATE. AUGUST 9, Mr. BOUTWELL. I think that bill cannot be understood in all its Add to the bill : bearings without debate. I must therefore object to its considera- Sxc. 7. That whenever the Sacs and Foxes of the Missouri tribe of Indiruis shall in tion. open council, in the usual manner, express their consent thereto, the Secretary' of The PRESIDENT pro tcmpore. The bill will be passed over. the Interior shall be, and hereby is, authorized, in like manner and upon the same Mr. KELLY. I snbmit that it is too late to object. terms prescribed in the preceding sections of this act, to cause to be otfered for sale The PRESIDENT 1n·o tempo-re. The Senator from New York re- a portion of their reservation lying in the States of Kansa.s and Nebraska not ex- ceeding in quantity ten sections of land, to be taken from the western' portion served the right to object. thereof; and the proceeds arising therefrom shaJl be used for the benefit of !lflld Mr. KELbY. Bat not for the Senator from Massachusetts; only tribes, as the Secretary of the Interior may direct. · for himself. I will say that this is a very important bill. It was pre- pare(l because the Legislature of Iowa instructed its Senators and Mr. CONKLING. 1\Iay I inquire for what purpose is this bill taken Representatives to urge it. It is a very important bill. upf Mr. ALLISON. I trust the Senator from Ma sachusetts will not The PRESIDENT pro tcmp(YI'e. For the purpose of concurrinff 0 in insist on his objection. This is a bill simply authorizing homestead the amendments of the House. settlers to go before the judge of the proper court and make their 1\fr. CONKLING. We are proceeding undeJ the order of the Sen- proof and transmit it to the registers and receivers, instead of travel- ate with the Calendar. ing, asJ,hey are obliged to do, two or three or four hundred •miles to 1\lr. PADDOCK. This is a conference report. make ihisvroof before the receiver. That is all there is in the bill. Mr. CONKLING. I beg pardon, a conference reportisnotamatter Mr. BOUTWELL. So I understand; but I think the Senate can- of privilege in the Senate. I shall not object to it if it will take no not pass upon the bill without some debate. I do not know that I time; but I do insist on the regula.r order being observed. shall be opposed to the bill; and yet I fear that I shall be. 1\lr. PAD DOCK. This will take no time. Mr. ALLISON. I do not think the Senator would be opposed to it Mr. CONKLING. Very well. I reserve my right to object to it if if he understood it. it (loes take time. Mr. HARVEY. The bill was carefully considered in the Committee Mr. ALLISON. I ask the Senator from Nebraska to state the effect on Public Lands and I assure the Smiator from Massachusetts that of this agreement. · nothing is in the bill but what the Senator from Iowa states. I am Mr. PAD DOCK. All the difference there is between the bill passed satisfied all the people of the States and Territories where there are by the Senate and the bill as amended by the House is this: the Sen- public lands desire its paMage. ate bill provided for the sale of the entire Otoe reservation, embrac- Mr. BOUTWELL. I will withdraw the objection and let the bill ing about one hundred and sixty thousand acres. The Quakers who be considered. have charge of that reservation and the Indians upon it ad vised the The bill was considered as in Committee of tho Whole. House not to grant tho right to sell the whole reservation but to re- The Committee on Public Lands reported the bill with amend- serve 40,000 acres, upon which the improvements of the I~dians are ments. in order that the Indians might remain there ancl not be removed: The first amendment was in line 11, of section 1, after the word It was the wish of the Quakers and of the Indian Office that the bill "State," to insert the words ''or Terri tory;" in line 13, after the sbonld lle passed in its present form, and so I think it best to accede wor_d ''made" to strike out ''at" and insert "before the register or to their wish. rectV'ver of;" so as to make the section read: Mr. ALLISON. I have only to say that we ought not to accede to their request. This Indian reservation onght to be sold and these That the proof of rru~idence, occupation, or cultivation, the affiltavit of non·alien- Indians removed to the Indian Territory, as the Senate bill provides. atioB. and the oath of nlleJtiance required to be made by section 2291 of the Revised Mr. PADDOCK. If it was practicable to pass the bill in that form Statutes may be made before the juclge, or, in his absence, before the clerk. of any court of record of the county and Stat~, or district and Territory, in which the and to accomplish the result that my friend speaks of and that he lands are situated; and if saiOl\I]-I am has ruled. sure I shall not appeal to him in vain-who is about to ta.ke the floor, l\Ir. SARGENT. Very well; we shall have to invent another An- will allow the bill to be read, if nobody objects to it, I will ask to thony rule; for my recollection is, and I speak with some confidence. put it on its passage. If anybody wants to debate it or it takes a on this point, that up to yesterday it l1as always been held that moment, I wiU bide my diminished head and sit down with that con- an objection would lie a.t any stage of a bill considered under the fusion which will then belong to me. Anthony rule. I myself have frequently objected after the debate .Mr. HO\VE. What is it f commenced. If the Senate is satisfied to have the Anthony rule Mr. CONKLING. It is a little bill. .My friend bas been attending whittled aw.ay and to have no provision a~ainst long debates which to other business here. It is on page 23 of the Calendar, order of are sprung in this way upon the Senate, tnat is to say, witlwut the business No. 586, House bill No. 3392, for the relief of John R. Har- Senate knowing that such a debate is going to occur, without the rington, reported August 1, 1876, by .Mr. WADLEIGH .from the Com- power of the Senate to stop it, then I of course can stand it aa well as mittee on Patents without amendment, Report No. 508. Does the any Senator. A bill comparatively harmless is read, containing ten Senator want any other information f liues perhaps. Nobody supposes that it will lead to debate; nobody Mr. HOWE. In. addition to that, I have learned one other particu- bas any particular hostility to it; and no one objects; but it is found lar, and that is t.hat l\lr. Harrington is blind and is led about. in two or three minutes that a debate is springing up on that nnim- Mr. CONKLING. That does uot appear on the record. portant bill that will probably run the whole day. Has the Senate Mr. HOWE. Bot it appears ,by the very succinct a@ touching no power to arrest it f The Anthony rule was intended to anest statement of the Senator from New York. Will the Sen!tor bo just such a debate. good enough to tell us what Mr. Harrington wants us to dot Mr. WEST. Does the Senator take an appeal from the decision of :Mr. CONKLING. Mr. Harrington wants the honorable Senator the Chairf from Wisconsin to make no objection, and when the proper time Mr. SARGENT. I am discussing it as other Senators have done. comes to vote '' ay" on a little bill which is to allow him to go to I do not know that it would be worth while to take an appeal from the Patent Office and have a little matter straightened touching an the decision of the Chair if the minds of Senators are all made up. invention he thinks he has about the manufacture of carpets, or I think it might ·lJe well to hold to the rule as we have heretofore words. to that effect. done. Now, in order to terminate an· almost hopeless debate, if I do .Mr. SHERMAN. Let us have the bill read. not incommode my friend from Wisconsin, I desire to call for the Mr. HOWE. With that clear statem~nt of the case, if the Senator regular order. from New York will begood enough to letnie bavetweuty-fourhours .Mr. FRELINGHU EN. I will suggest to the Senator from C~i­ to think of it, I will tell Mr. Harrington whether I will object or fornia that it seems to me the rule as be states it amounts to the not. passage of a bill only by unanimous consent, for if any one is op- Mr. CONKLING. If the Senator will bear the bill read he may posed to a bill he can defeat its passage by an objection. want thirty-six hours, and therefore I ask to have it read for infor- Mr. SARGENT. Certainly; and that is the Anthony rule; it ap- mation. Twenty-four hours may not be enourrh. plies to bills to which there is no objection. What is meant by a bill The PRESIDENT }Jt'O ternpore. The bill wili be read. to which there is no objection! That there shall be no objection at Mr. HOWE. Subject to objection. any stage to the bill. Mr. CONKLING. Of course. ~lr. FRELINGHUYSEN. No objection to taking it up. The Chief Clerk read the bill. }fr. SARGENT. No, sir; no objection to the bilL By unanimous consent, the Senate, as in Committee of the \Vhole, 1\lr. HOWE. I think I will ontribute one fact which will have proceeded to consider the bill (H. R. No. 3392) for the relief of John some influence on the jndgmen of my friend from California on this R. Harrington. It gives him leave to make application to the Com- point, and that is that when the Chair propounded to the Senate the missioner of Patents for an extension of letters-patent granted April qnestion whether there was any objection to proceeding to the con- 1, 1856, as re-issued December 11, 1866, for improvements in carpet- sideration of this bill, it was announced by a friend here on my right lining, for the term of seven years; and upon the application so filed, that it would lead to debate, and he at first objected, but as he was the Commissioner of Patents shall be authorized to consider and de- quite as ready for the debate at this time as he cared to be, he with- termine it in the same manner and upon giving the same notice as if drew his objection, and there was no other Senator to interpose an the application had been duly filed within the time prescribed by ob jection to the consideration of the bill at this time. law; but such application to the Commissioner of Patents is to be ~fr. SARGENT. Let me make a suggestion to my friend. It very made within ninety clays; and no person shall be held liable for tho frequently happens that a debate is conversational among Senators, infringement of the patent, if extended, for making use of this inven- a, little knot of four or five among themselves which the other Sen- tion since the expiration of the original term of the patent, and prior ators cannot hear, but the moment we ob erve that it is leading to a to the date of ext-en ion. debate we desire to object; and it was iu order to facilitate business The bill was reported to the Senate without amendment, ordered in such cases that the opern.tion of the Authony rule is effective. to a third reading, re:~.d the third time, and passed. Mr. MITCHELL. I call for the regtlar order. PETITIO~. Mr. WEST. There can be no objection to that, but I should like to have the ruling of the Chair now upon this point. Under our rule Mr. STEVENSON presented the petition of William 0. Newman, of of procednre this case will c0me up to-morrow as unfinished business, Metcalfe County, Kentucky, praying payment of certain cla.ims ngainst and will t.be object.ion of any Senator carry it over again f . the Government for supplies and stores furnished the United States; The PRESIDENT pro tempore. There cannot be unfinished busi- which was referred to the Committee on Claims. ness within the morning hour. This bill has been considered during LEGISLATIVE, ETC., APPROPRIA.TIO~ BILL. the morning hour. · The PRESIDENT pro tempo1'e. The regular order is before the Sen- 1\lr. WEST. Will the question then be on proceeding to the con- ate, on which the Senator f-rom South Carolina [Mr. PATTERSON] is sideration of this bill f en~itled to the floor. The PRESIDENT pro tempore. The first case on the Calendar will 1\lr. PATTERSON. I yield to the Sena.tor fro·m Minnesota, [~Ir. have to be taken up. WrnDOM,] but when he is t.hrough I will take the floor. · Mr. WEST. And will an objection ca-rry it overf The PRESIDENT pro tempore. The Senator from South Carolina Mr. CONKLING. That question can be settle-d when it arises. yields to t.he Senator from Minnesota for a specific purpose. 1\fr. GORDON. Is there any objection to reading the Anthony Mr. WINDOM:. I present the report of the committee of conference rule f I should like to have it read. oil the disagreeing votes of the two Houses on the legislative, execu- Mr. SHERMAN. I call for the regular order. · tive, and judicia,! appropriat\on bill. The PRESIDENT pro ternpm·e. The re~ular order is called for. The The PRESIDENT pro tempore. The report will be read. Chair will lay before the Senate the nnfinished business, which is the The Chief Clerk rea·d as follows : resolution of the Senator from Indiana, LMr. MORTON.] The committee of conference on the disagreeing vot~ of the two Houses on the JOHN R. HAllRINGTON. amendments of the Senate to the bill (H. R. No. 2571) making appropriations for the legislative, executive, anil judicial expenses of tho GoYernment for the y ear Mr. CONKLING. I wish to ask every Senator who is on the floor-· ending June 30, 1877, and for ot-her pm·poses, having met, after full and free con- and I see there are several, and some Senators who are waiting for ference hav,e been unable tu agreo. WM. WINDOM. · the floor-to give me, after I make a request, unanimous consent to W. B . .A.LLISOH, do a thing. I have objected to no bill; I have moved for a longtime '1'. F. BAY.A.U.D, to take up no bill. Tl.te ~;e is a little bill on the Calendar which has Manage-rs on the part of the Sena~. pa,ssed this body several times, and which has passecl the House sev- SAM.. J. RANDALL, eral times, the party interested in which is a man entirely blind. He W. R. MORRISON, has been here at other sessions with somebody to leacl him. He is ManageTs on the part of the Hott.Se. here at this session with a friend to lead him about and to inquire Mr. WINDOM. I will make a very brief explanation of the posi- betimes of me why it is that his bill, to which nobody objects, can- tion of this bill. On the 7th day of July last, the thinl or fourth com- not at some time be taken up. It stands here ou the Calendar, page mittee of conference was appointed. Since that time the committee 5340 CONGRESSIONAL RECORD-SENATE. AUGUST 9, have been in session, night and day, almost4 constantly, and have ence and public documents the increa.aed expense of our postage will earnestly endeavored to reach a conclusion which should bring the not fall short of $500. two Houses together. They have failed to do so. It is proper for me The question with reference to the salary of the President of the to say, however, that I am satisfied the committee can substantially United States is somewhat different from that of members of Con- agree on all of the provisions of the bill except that relating to the gress. It was not reduced when all the others were. I do not believe compensation of Senators and Members of Congress and of the Presi- it is higher than the President of the United States should receive. dent of the United States. In reaching such agreement the commit- But I will not argue that question. I have heretofore put myself tee on the part of the· Senate will be compelled to yield on some points upon the record against the reduction of the President's salary, and much further than their judgment approns. Believing, however, see no reason for changing that vote. Both Houses having passed a that on appropriations which are diecretionary it is the duty of each bill to reduce the salary of the President and having sent it to him House to yield as far as possible in order to meet the views of the as required by the Constitution for his approval, and he having ve- other) the committee of the Senate feel that they can reach an agree- toed it as he had a perfect right to do, it does not seem to be a proper ment. thing to attempt to coerce him by inserting it in an appropriation With reference to the two points about which at present there is bill, and thereby compel him t.o approve the reduction or veto a meas- the greatest difficulty, namely, that of the compensation of Senators ure indispensable to the maintenance of the public service. It is sim- and Members of Congress and of the President, I desire to say that ply an effort to do by a majority vote that which the Constitution the committee, if they shall be re-appointed, desire to be instructed by says shall require two-thirds. It is an attempt to deprive a co-ordi- the Senate. I think the same is true of the committee on the part of nate branch of the Government to do that which he has informed us the House of Representatives. Or, if not formally instructed, they does not meet the approval of his judgment. If the measure ought wish the question put in such form a.a shall test the sense of the Sen- to pass at all it ought to pass by the means provided in the Constitu- ate upon the points in controversy. tion. If it cannot be passed by the constitutional method it should We have chhausted all the ingenuity we could command in our en- not pass at all. The veto message has been sent to Congress and no deavors to compromise. With reference to the salaries of members action yet taken. If we have the power to pass it by a two-thirds of Congress and Senators we have proposed to strike from the bill all vote, let it be taken up and acted upon, but while insisting upon our provisions relating to compensation, in order that by eliminating from own constitutional rights let us not invade the rights of the Pre i- it all questions of an individual character appropriations indispens- dent. I think he was right in vetoing the bill reducing the salary of a-ble to the maintenance of the public service might not be further his successors, and he would certainly be justified in vetoing au ap- delayed. , propriation bill if it contain this objectionable feature. With reference to the President's salary we have offered to ag;-ee to Mr. President, I move that the Senate further insist upon its disagree- an appropriation to the 4th of :March, and to leave the question open for ing votes and ask another committee of conference. I will not now future action. I wish to state1 because I do not desire to avoid re- go into the details of the bill nor attempt to state the changes which sponsibility on this point, prec1sely what my own position is on both have been made in the committee of conference. It. will be time of these questions. I wish to say also, •on behalf of the Senate com- enQugh to do that when the final agreement sha11 be reached. I will mittee, that we have not brought this question here because we only say that if the Senate shall further insist upon its amendments desire to shirk any responsibility. I think I can say for both my col- and the present committee shall be re-appointed they wiJl regard it leagues on this conference that they are ready here and now to ex- as an expression of the sense of the Senate that we insist upon our pre s their views with reference to it, and I believe that mine fully disagreeing votes upon the two points which I have named. coincides with theirs. :Mr. 'VEST. The Senator had better include that in his motion. I am opposed to a reduction of the salaries of Members and Sena- Mr. WINDOM. I do not desire, as suggested by the Senator from tors because I believe they are not too high. I am opposed to yield- Louisiana, to include that in my motion, for I think that would make ing to the demand of the House upon that question for another rea- a trammeled conference; but we will regard it as an expression of son. The law has fixed those salaries. The demand made upon us the sense of the Senate upon that subject. Unless some Senator ·de- during a long and weary month has been that we shall abdicate our sires further information as to the dil;ails of what we have done I constitutional rights and duties as a co-ordinat.e branch of the na- will not take the time of the Senate fUrther. tional Legislature. The condition thus far has been constantly and Mr. BAYARD. Mr. President, a month a~o I was assigned by the persistently presented to us that we must agree to changes in exist- Senate to a place upon this conference committee, and I can well con- iJJg laws which we do not approve as the consideration for securing firm the statement of the honorable Senator from Minnesota, the chair- the necessary-appropriations for the support of the Government. man of the committee, that that month has been a period of constant, Therefore, even if my judgment were not thoroughly convinced unremitting, patient labor upon the part of the members of this con- that the salaries are fair and reasonable, I would not under coercion ference in order to bring the matters in issue between them to just yield what I believe to be the constitutional rights 9f the Senate as results. . a co-ordinate branch of this Government. But I do not put it wholly I was not unmindful, and perhaps it would be well for me to re- upon that ground. I do not wish to evade any responsibility by even mind the Senate, that this is the first session in fifteen years in which stating that point ; I E.tand squarely upon the ground that should I the conference committees of the two Houses have met with their vote to reduce congressional salaries it would be an act of sheer dem- respective m_ajorities differing as to their party affiliation. It is a fact agogism of which I will not be guilty. Believing that the salary that should be noted, because we all know the practical influence is not one dollar too high to-day, I am ready to go home and answer which such a state of things exerts. The country recognizes it, and to my constituents for my vote. I would quite as leave carry a five- every practical man willalsorecognizeit. Ifullydid, and! think I could hundred-dollar bill around the State and promise to donate it to the appeal, if it were necessary, to my colleagues on this committee to people in consideration of a re-election as to reduce salaries $500 bear witness to the fact that I have sought to elevate the considera- when they and I know there is no other motive for doing it than to tion of all the questions involved tothe high plane of the good of the purchase a little cheap popularity. The one thing which an honest country, without reference to mere personal or party results. Such peoplE>. hate above all others is an attempt to deceive. The things has been my intention; such, I believe, has been my course of action, they most approve are honesty and courage. aml I contribute my judgment to the Senate in favor of the proposi- There is another reason which influences me somewhat in this mat- tion made by the Senator from Minnesota, [Mr. WINDOM,] after t.hese ter. The salaries of Members and Senators have already been re- four weeks of long, careful, and laborious invest.igation. I must, how- duced. In 1874 they were reduced from $7,500 to $5,000, and it was ever, differ with him in this respect: that I do no~ understand and expressly stated in that act that the salaries of members of Congress have not underst.ood the attitude of the House of Representatives to should be ped at 5,000. I am not willing to disturb that settlement. be that of unconditional insistence of the Senate's yielding to their The people passed upon that question. They disapproved of the act views at the cost of totally withholding appropriations. Sir, the very raising the salaries to 7,500, more, I think, on account of the manner agreements that we have made, the mutual concessions which fill in which it was done than on account of the increased compensation. this report, will show that the Senator is in error in supposing that I never yet have heard from any part of the country one word of the House of Representatives has attempted to stand upon any such complaint of the final adjustment at $5,000. For one, I regard that ground, which in my opinion would be untenable. It has been, how- as final, and do not wish to disturb it. Whether there be others who ever, the proposition to bring forward, according to our invariable would like t.o cut off $500 now, and when the election shall have passed custom of legislation in the last sixteen years, measures in the ap- come back here and insist upon a re-adjustment by raising it to $7,500 propriation bills which ought to be treated according to their respect- again, I do not know. It is, however, a somewhat remarkable fact ive merits, and so we have endeavored to treat them, and in that that those who are now apparently most anxious to re-open the ques- spirit have made accommodations ancl concessions mutually, until, tion, which everybody considers settled, were among the most active upon this great bill to provide money for the expenses of the Govern- promoters of the scheme to raise salaries three years ago. Believing ment, there stand but two points upon which the conferees hnYO been the salary as now :fixed to be about right, I will not re-open t.h e ques- unwilling to sign one and the same report of agreement. Tho. c two tion, for I do not wish to see repeated the performance of three years points are the proposed reduction of the compensation of the Presi- ago. dent of the United States and- the proposed reduction of the com- But again, we have actually reduced our salaries below $5,000. I pensation of Senators and of :Members of Congress. Let us dispose think it is safe to say that salaries which prior to the increase were of ea-ch in its order. · $5,000 are not now more than $4,500. .At that time we had the franking It was perfectly competent and regular that a bill should be intro- privilege. The act increasing the salaries repealed it; but the act duced to reduce the compensation of the President: of the United repealmg the increase did not re-instate the franking privilege. It States after the expiration of the term of the pre ent incumbent, is not too much to say that taking into account postage on correspond- the Constitution forbidding the reduction of his pay during his term 1876. CONGRESSIONAL RECORD-SENATE. after it had been once fixed by law. That bill came before this body. cient to induce a man to come here to obtain the money, but not On that I voted and voted in the negative, believing that the pay small enough to prevent him from coming here should his talents was not in excess and that it should not be reduced. For that I and the disposition of his people render it desirable that he should have given my masons three years ago. I did not care to repeat enter the public service. Sir, it will be a sad day for this country them at the time the bill was last before the Senate. They will stand when men fit and compet-ent to legislate upon the great questions upon the record to be judged according to their proper weight and presented for our consideration shall not be able to come here be- merit. cause prevented by 'their poverty. It is the duty of the people tq say But, sir, the bill passed the Senate; it also pa-ssed the Honse; it that poverty shall not prevent the man of intellect and character went to the President. He vetoed it. There can be no question of from coming here to do his country service, and the question is two things: that it was his constitutional right and duty to consider broadly what amount shall be provided by general law which shall the measure acMrding to his conscience; and there can be no doubt, enable a. man to leave his home and come here to devote his abilities if I may be pardoned for making reference to the fact, that he did so to the public service f Upon that point there is SOIQe difficulty. with entire disinterestedness, as the proposed reduction applied not Nay, sir, there is another element that touches us all. We are speak- to him but to a successor not yet chosen. 'That bill stands to-day ing upon a subject that at present affects ourselves pecuniarily. in the Senate with the power of this body, should the proposition There is a sentiment of delicacy appealing to every man who has command the approval of two-thirds, to pass it, and, with a like con- this question to decide, for he is p388ing in some degre~ upon his own current majority of the House, to make it law despite the int-erposi- interests, but nevertheless it is our duty. We must meet it man- tion of the exe,l!utive veto. The two Houses can make that a law fully and frankly, and treat it in a high spirit worthy of the positions under the term§' of the Constitution dei!pite the withholding of the we occupy. · President's assent. That assent has been withheld under his consti- On this subject I can give my judgment, and I was sent here to give tutional power, and I never will consent to invade that right and duty my judgment; I wa-s sent here not to yield to fears of ignorant and of the executive branch any more than I should permit him to invade evanescent popular displeasure against my reason and my sense of a right and duty of the legislative branch." right and justice. I was sent here to do that which is best in my I hold, Senators, that we have no right by combining this measure, judgment for the interests of the country ; and I here · do say to the which we have ourselves elected to treat as a separate measure, which people of the United States that it is doubtful whether the compen- stands before the country upon our votes given according to our indi- sation to-day allowed to membQrs of Congress does not exclude men vidual responsibility-we have no right to relegate that to associa- of capacity and ability who find that pecuniary reward for industry tion with other measures and compel the President to inconvenience elsewhere in private pursuits which they cannot find by the most as- the country possibly, or to seem to inconvenience it, by withholding siduous attention to the labors of Congress. I know that as our life his assent from an appropriation bill, and so by a speoi'es of moral here in Washington cm:iipels us all to maintain two establishments, duress to lessen his constitutional prerogatives. I never will do it. the one at home and the one here-for ottr stay here is uncertain-we I nevel' WO'lld do it. I have in other days criticised with denunciation cannot fix this question from month to month or day to day, but are parties that sought to enforce upon another President of the United compelled in great degree to have two homes while we are serving in State his consent and wring from him his assent to measures he dis- Congress. A straugeris alwaysa.tadisadvantageascomp-ared with the approved by combining them in appropriation bills with the supply man who lives at home; and here in Washington are mere sojourners of moneys necessary for the support of the Government, measures to and strangers swept in or out by the tides of political opinion. The ex- which he would have refused his assent if they had been presented penses of our living, therefore, are of a necessity increased. Tliere are separately and made a vote of two-thirds requisite for their passage. also thrown upon us, as representative men, visits, most agreeable I will not do that by a President of your choice which I would not and welcome, from our constituents and from strangers who come have you do by a President of my choice, and were I the President of here on visits of business or pleasure to the seat of Government of the United States I would veto this appropriation bill if it came to the Union, and, therefore, there is a wider field of necessary hospi- me under the same terms in which the Honse has proposed to send it tality, however plain and simple, which must be exercised by repre- to him, having previously vetoed a. separate measure to the same sentative men in Washington, which in the seclusion of their own effect and not having changed my views as to the impolicy of the homes could be avoided. Therefore the expense of living is increased. proposition. I will frankly say that, without other aid than that ":hich I obtain I stand here upon a principle. I bel~eve in the mutual independ- from the pay I draw as a member of Congress, I must e1ther have re- ence of the branches of this Government. I beJieve our Government signed my place or have given up the a!"sociations of my family; is to be maintained only by preserving that independence, and where either of which would have been to me a. painful trial, and it is not an officer of the Government, charged with a. constitutional duty, has necessary for me to say which I would have chosen. But'in this con- exercised it ill his own sense of responsibility before the people, I nection let me remark in all earnestness that I hold it to be of the never will irregularly extort or by any indirection coerce from him a highest use to the people of this country that home life and home in- consent that it was his right under the Constitution on his oath and fluences should surround the men who make their laws; and this is a. conscience to withhold. truth that had as well be told to-day as at any other time, and which Therefore it is I trust that1 whatever may be t];te opinions of gen- I commend to the consideration of all legislative reformers and econ- tlemen of this body-and I know a majority have differed with me omists. If this salary shall exclude, as I know it does often exclude, and have thought this compensation should be reduced when I men with families to rear and educate, men who· are called upon to thought it should not be, and, if the President assents, I should yield live upon a certain scale, not of lavish indulgence, but a certain scale with the utmo.st composure and readiness-they will consiQer that of liberality, who shall not be called upon .t o q"Qestion whether they 'there is a principle in this quite independent of their views as to the can possibly screw from their narrow salaries the money to ask their expediency of paying $25,000 or $50,000 salary to the President of the · constituents to break bread with them freely in their houses, there United States. must be something wider and broader than thiH or else the office will Now I pass to the question of the pay of Senators and Members of undoubtedly sink, not simply in the estimation of the people but Congress. It is a simple question of money in one point of view, sink in the estimation of those who hold it, and be shunned by 1Jhose but it is not so in another. I hold that ours is a representative Gov- men who by the highest. public interest should be invited to accept ernment of the people. It is intended that that representation should and hold it. not be abridged or denied by the poverty or the riches of the man I do not believe that a man with a family of the average size, a. who may ask or may be desired as a representative. It is ·not a. sim- wife and three or four children, can come to Washington to resirle ple question of mere compensation by weighing the faculties and and remain here during the long session of Congress and live with services of each individual on one side as you may on a mere minis- that degree of comfort and respectability which any constituency terial officer, and weighing in the other his capacity to perform them. would desire and demand of their representatives upon one dollar less It cannot be treated upon so narrow a basis. Consider, Senators, what than the pay now fixed by law. On the contrary, I believe there are bnt would be the result of abolishing pay entirely for members of Con- few .Members of Congress, few Senators, who are not compelled largely gress. Should it come to that, there would be a short-sighted and to draw from their private means to meet the expenses of maintaining absurd economy that experience would brush away in one short ses- themselves here. This is a very restrained and moderate statement sion. You would leave the choice of Representatives open to the peo- of the history of living in Washington as verified by my own experi- ple to be filled by but one of two classes, either the merely rich, who ence and that of a large circle of congressional acquaintance. came here whhout regard to the expense, or those who came here It baa been truly stated by the honorable Senator from Minnesota penniless to grow rich upon legislation. One of the two classes would t.hat this rate of compensation was fixed in 1866. At that time there exist. Either would, in my opinion, be hurtful to the interest of this was what was termed the "franking privilege," a privilege that I country. 1 always-considered to be much more that of the constituent than of Legislation could not safely be committed to the hands of a Con-· the Senator and Representative who wrote his name upon the mail gress, both Houses of which were composed solely of rich men and matter because it permitted letters to come to him freely as well as capitalists, nor, ~>n the other hand, would the country feel safe in go from him freely, and as the mass of his correspondence would the hands of two bodies composed of needy men who e daily wants, be of an official charader, of course, the gain was to those who were being unsupplied, would subject them every day to sore temptation. represented, and not to the person who represented them. Yet, never- Nor would a combination of these two classes lessen the public dan- theless, by the abolition of the franking privilege the cost of postage ~ors arising from a loss of personal independence on the part of leg- is now paid out of the private moneys of the Member or the Senator; lSlat.ors. In addition to that there are many publio documents for which I, What, then, is the reasonable ground upon which we should stand T in common with every member of the two Houses, have frequent ap- That such a sum shall be given by way of compensation, not suffi- plications, and which, when we are asked to send, cost us not an i.m- 5342 CONGRESSIONAL RECORD- · SENATE. AUGUST 9, modera.te rate of postage, but au amount which, in the aggregate, is ence think up~n these two points, aml that th~ House may be in- quite a serious sum. I think the Senator from Minnesota was very formed o! the JUdgment of the ~enate thus given, I trust calmly, and moderate when he estimated the loss in money by the abolition of I know srncerely. the franking privilege-that is to say, the increased cost-I will not Mr. CONKLING. Mr. President, I should like to know one or two say the loss in money, but the increased cost to the individual Sena- things about this disa~reement which have not been stated in my tor or Representative of the abolition of the franking privilege, at at hearing. Shall we understand that the two committees have vir- least $500 per annum. That is inchlding the postage which he is now tually agreed upon reductions to be made in the clerical force f called upon to pay upon public documents, as well as the postage Mr. WINDOM. In answer to the Senator from New York, I will which be pays on letter correspondence. That has been diminished say that they have virtually agreed upon that reduction. since 1873. I believe it was in 1873 this abolition of the franking .Mr. CONKLING. A reduction in the clerical force of the Depart- system was made. So that, virtually, we stand to-day in 1876 with. me:nts of how many' a salary although equal to what it was in 1866, yet a pfivilege of Mr. WINDOM. · Not in the clerical force alone, but in all the em- franking which then existed having been taken away, the office ployes of tbe Departments, seven hundred and sixty-five. leaves at least $500 less for the use of the occupant than it did before. Mr. CONKLING. The Senator has not the clerical force sepa- I mention that because it is a fact that will show the unreasonable- rated f ness of a reduction in these officee greater than that which is at- Mr. \VINDOM. No, sir. tempted on other positions. More than that tho chief ad vance in the Mr. CONKLING. Seven hundred and sixty-five. Has the Senator salaries of executive officers has taken place since 1870. I think I a. table showin~ the quota of each Department in that reduction f am right in that, and the greatest advance took place under what Mr. WINDOM. I have in the committee-room and can present it was known as the Kellogg bill in 1875. So that since the fixing of in a few moments. the salaries of members of. Congress yon have had two alterations and Mr. CONKLING. \Vhere does the reduction chiefly fall f advances in the general scale of executivi salaries which has not Mr. W~DO~I. Chiefly upon the Treasury. touched congre~ional pay at all. Mr. CONKLING. Wh·:o.t is the reduction there f Even on the mere money ba~is, therefore, treating the office of Sen- Mr. WINDO~f. The total reduction is estimated at four hundred ator or Represent~tive as a merely ministerial office to be measured and ninety-one; but in making that estimate seventy-five are added by days or hours of work and the power of writing so many pages for the $60,000 that ha-s hitherto been appropriated to be used for of manuscript mechanically, the reduction already has been graeter cases of emergency or exigency. Four hundred and nineteen would than on any other and unaccompanied by any of the advances which be the actua.l reduction estimated without taking into account tl1e have been made upon all or nearly all the offices within the Execu- GO,OOO. tive Departments during the past six; years. 'Therefor~, sir, I feel per- Mr. CONKLING. Sixty thousand dollars has heretofore been re- fectly justified, nay more tllan justified, I feel compelled in exercis- posed on the Secretary as a fund that he might use to employ tem- ing my judgment, to say that there is not the reason for the reduc- porary clerks. It is proposed to continue that $60,000 now just as it tion of the pa:5t._ of this class of officials which bas ueen appJied, or was )Jefore. · may reasonably be applied, to the executive officials, simply upon Mr. WINDOM. It is. . the mere criterion of money value for ministerial work, that there bas Mr. CONKLING. And continuing that, saying nothing about that, been a. reduction in the first class, and not only no reduction but act- what is to be the reduction in tl1e Treasury Department f ual advancement in the second class. But I "[lrefer not to leave this Mr. ·w iNDOM. Four hundred and nineteen employes, I believe. question upon so narrow a bash~. The question is a broad one. It Mr. CONKLING. Four hundred and nineteen, giving the $60,000 affects deeply, in my judgment, the practicability of our form of gov- besides. ernment. We may take illustrn.tions from other governments and Mr. WINDOM. No; four hundred and ninety-one would be the es- cannot fail to recognize how important the question would be there. timate if the 60,000 were not allowed; but the conference commit- F.or insta.nce, in the Parliament of Great Britain, either the Commons tee propose to allow the $60,000; so that the 1·eal reduction is four • or Lords, there is no pay whatever. What is the result f That no hundred and nineteen. poor man, that no workingman, no man of the unmoneyed class can l1r. CONKLING. The $60,000 was allowed before, and is for tem- afford to take a seat in the British Parliament. What is the result f porary or occusional service-that continues; but how many persons That property controls the representation there. Let them reduce as it employes is a.lwa.ys beforehand uncertain; that depends upon con- thes please their basis of suffrage from ten pounds to five pounds, tingencies. I ask for the actual reduction. The 60,000 is not dis- from five pounds to mere lodger , and still they have at the end that, turbed. Now, apart from that, saying nothing about tha.t., what is vote as they may, they must vote for a man of independent pecuniary the reduction f _means, because their government supplies no means from its treasury .Mr. WThl)OM. Four hundred and nineteen, I think. The paper to sustain any other class. Why, sir, is it too much to say that if you will be here in a moment, and I will give it to the Senator, showing .were to establish the system of compensation for moruuers of the it exactly. That is very near it . British House of Commons you would revolutionize the government Mr. CONKLING. I inferrecl from another statement that the ac- of that country in one short year. . tnal 'r eduction was four hundred and ninety-one, and tbat the $GO,OOO Therefore, ta.King a broader and a higher view of this question ap- was allowed to continue as it had been heretofore for whatever it plied to our own land where the case is di1fet'eut, where we have no might supply. privileged classes, where property qua property has no voice, and by Mr. WINDOM. Four hundred and ninet-een, leaving out of ac- the structure of the Federal Government was intendt1d to have no count the 60,000 altogether. I have the table now. voice; it was intended to be the government of equal rights, it waf:l Mr. C'ONKLING. The managers on the part of the Senate ba.vina intended to be the government in which t he vote should be given virtually agreed to this reduction, shall I understand that they mea~ freely; not only that a man should be capable of voting, but that he to advise the Senate that the Treasury Department can get along, can should ue competent to be voted for. How do you make him compe- manage, with this reduction of four hundred and nineteoo or four hun- tent' to be voted for' By giving him the means to live in office when dred and ninet y-one, depending upon which way you state it in ref- you select him for it, because it were an idle thing to say" I choose erence to the 'tiO,OOO for temporary service f you for the place; I send you to bo minister at Great Britain and Mr. WINDOM. The managers on the part of the Senate believe give you a dollar and a half a day to live on." that the Treasury can get along or they would not have agreed to it; This would be turning our theory and form of government to a. but they believe, as stated by :Mr. Morrill, that it will be very embar- mockery. rassing if not disastrous. I have stated, Mr. President, my mind freely on the suuject. The Mr. CONKLJNG. I ask the question for two or three reasons, one of people of this country are entitled to the judgment of their repre- which is this: It is clear to me that if the Treasury Department can sentative men. If those sincere judgments be withheld from them, get on-get on in any business-like sense with a reduction of four hun- where shalt they look for trntj_ f How can they j ndge for themselves dred and ninety-one in its force, it could clearly get on very well with of things when we wit.hhold oar fair, clear judgments from them f the reduction of only a part of that force. I know the Trea-sury De- \Ve have opportunities which they have not; we have responsibili- part-ment is a great establishment; but I know also thatfour hundred ties which they have not, and it has been an endeavor to till that and ninety-one persons, most of them skilled persons, withdrawn from responsibility to-day that bas caused me to say as much as I have on even a large establishment, is a great subtraction from its force a.nd this subject of congressional pay. equipment. Therefore, I repeat that if it be tme tha.t the Treasury I trust, therefore, that these long labors, which I think I may Department can proceed even economically, even inconveniently, justly call patriotic labors, on the part of this committee to endeavor when four hundre£1 and ninety-one persons of its skilled force have to bring the minds of these two Houses into harmony that provision been withdra.wn, it must be true that that Department could proceed may be made for the supply of money adequate for the .actual wants very well and could have proceeded very well with a. considerable of our Government; whatever the differences of opinion as to ex- part of that four hundred and nineteen or four hundred and ninety- pediency, there must be a concession upon both sides. This must be one withdrawn. so; and perhaps there is no wisdom so great as that which teaches Now, when we remember the ability with which we are assured men moderation. The agreement so far reached by the two Houses the Treasury Department ba-s been of late administered, when we on this appropriation bill indicates that they have not been unmind- remember the high reformatory aim of that administration, when ~nl of this truth. Therefore I hope that the suggestion of the Sena- we remember the assurance which all must have that the Treasury tor from Minnesota may•be approved by the Senate and tha-t the op- Department has recently been administered with skill, with au eye portunity will be given by the expression of the Senate's opinion single to economy, with an earnest effort for retrenchment, with a. upon these two points, having hea.rd what your committee of confer- persistent and able enQ.eavor in· that direction, it is very difficult to 1876. CONGRESSiONAL RECORD-SENATE. 5343 accept as fact the statement that four hunclred and ninety-one per- I understand to be the meaning of it, and the Senator from Iowa sons can summarily be withdrawn from the working force that mans nods his head, to indicate that I am right. So that now a given force ancl operates tpat Department, and not utterly cripple it. I have no having been maintained up to the 9th day of August, or the 8th, right to ask arfy Senator, for it would give some Senator trouble that whenever this statement was made, the information giv'en us is that I ought to take myself; but I should like to ask what the percent- we may proper~y so legislate that four hundred and ninety-one per- age of this reduction would be, and the percentage we should have sons shall all be dismissed within the next three months. I will in- if we saw the total of the force heretofore employed in the Depart- quire of the Senator from Iowa, who seems to be intelligent on this ment. My honorable friend from :Minnesota, familiar with the sub- subject, is there anything he knows 'Whieh has reduced the work to ject perhaps can give it, but we must all see that it is a very large be done, the business to be transacted in the Treasury Department, percenta.ge. What is the total f and made it less now than it was three months or six months or nine :M:r. W INDOl\i. About twenty-five hundred. . months agof lir. CONKLING. The reduction there is about one-fifth of the :M:r. ALLISON. I do not know of any material change in the work entire force. I am told by the hono.r able Senator that twenty-five of the Trea-sury Department within the last nine months. hundred is the total of the force as it has been. Here is a reduction 1\Ir. CONKLING. The Senator knows of no material change in that of four hundred and ninety-one. For convenience I will add nine respect f and make it a round five hundred, that is one-fifth exactly. It is pro- Mr. ALLISON. I know of no material change. posed to withdraw from the Treasury Department one man iq evefY Mr. CONKLING. The statement then proceedartment but so essentially, so perniciously, so inadvisedly, cripple instructive. The fractional currency is counted three times; it is the operations of the Treasury Department, that managers on the part counted out and it is counteil in. The only reduction that has taken . ·of the Senate ought to a[ree to it; or else if the statement be be- place so far, is in omiiting to count out the fractional currency, ·and lieved it proves that the ·nea.snry Department as it stands now, the the counting out ceased it is said five months ago. If this fact Treasury Department as it stood last winter, the Treasury Depart- makes a difference, the difference occurred five months ago, not now. IDt"'!.t as it stood any time within the last year has been not only by If the Senator is right iu his understanding, for the last five months law permit.t.ed to employ and pay for needless service, but that in fact there has been maintained unreduced a force which he says was ren- there have been put into the Treasury Department and kept in the dered necessary in part by countingfractional currency and that count- Treasnry Depart·ment, and are now in the Treasury Department in ing ceased five months ago. What other counting of fractional cur- this city several.hundred employes whose services are not and have rency is there f There is the counting in of fractional currency, and not beE.\n necessary and whose appointment and continuance cannot that goes on still, aud that is to continue hereafter. be justified. I do not assert how this is; I pronounce no opinion Mr. CRAGIN. On inquiry I find that the silver bill, so called, au- upon it; but I say that it cannot be true that we can properly and thorizing the Secretary of the Treasury to issue subsidiary coin, was excusably vote such a reduction, if it be true that the force thus to passed in April. It was at that time the printing of fractional cur- be reduced has been properly or justifiably m2.intained. It is pro- rency ceased . po ed, as I nnderstaml,-and if I am wrong I will thank one of the .Mr. CONKLING. That is four months ago. Tile Senator forgets members of the committee to correct me,-to make the whole reduc- that when fractional currency does not go out silv~r goes ont. tion presently. 1\.lr. CRAGIN. But it docs not require a force of two or three hun- l\fr. ALLISON. I clo not see the chairman, and in his absence I dred employes in the Treasury to count it. . will say that it is proposed to reduce one-third of it on the lOth of .Mr. CONKLING. No, it does uot require a force qf two hundred September, one-third of it on the lOth of October, and the remaining or three hundred to count it. It does require force enough, how- one-third on the lOth of November. ever, to keep the aceounts and make the transactions; anil my poin~ l\1r. CONKLING. When I said "presently" I might have been is that the business of counting out fractional currency having cea.sed more accurate. It is intended t{) take three months to do it. It is to months ago, it does not seem to me a very good reason for reducing be done in one-quarter of the fi~:~cal year. I do not mean that they the force when and not until this bill shall take effect, nor q.oes it ex- are all to be sent out on the same day, but I mean that it is a thing plain why the force ha.s been kept np during these m<1nths past. which is to oceur as an entirety and the last of the di~missed are to Mr. CRAG~. There has been a reduction already. go withln the next three months. This may not be a time or a place Mr. CONKLING. I am very glad to bear that the force has not aU to interpose in behalf of those who are thus to suffer. We all know been kept-that there has been a reduction. The difficulty is that this the suffering which will be inflicted on those thus suddenly turned statement is a. present statement and it is based upon the present - out ; but if their services are unnecessary, the Congress of the United force, the force that is there to-day, and the statement is oi. what re- States is not a benevolent institution; Senators are not almoners to .duction is to take place on that present force. That is what we are provide for the wants of others. talking about. I say if four hundred and ninety-one men can· be There is connected with it, however, another consideration more withdrawn from that Department, and it still go safely on, it is per- immediately in point. If this reiluction be indeed feasible, and if fectly manifest that the number there now, and the number that bas during the last year, as place after place beca,me vacant, (and in a been in the Treasury Department for weeks and months all the time large establishment like this vacancies always occur,) those vacancies is a number to be justified only by showing that there was some busi- had not been filled, .had the force been allowe(l by degrees and by ness or labor in the Treasury Department continuing, not up to six natural process to drop clown to the proposed point, it would not only months or four months ago, but up to this day, which hereafter need have saved us the contemplation of so grievous and afflictive a meas- not be done. When you show that, and not till you show that, yon ure but would have reconciled somewhat the improbabilities and in- show every business man in his own business sense exactly bow he cnnsistencies before us. But the statement shows us not only that could dispense with part of his force. If he had been building two by law all these places existed which are now to be treated as super- railroads and one of them was completed, we see how he could dis- numerary places, places which can be vacated without serious detri- miss the men that manned the finished job, and with the residue go on ment to the public s~rvice~ but that in fact they were kept full. That with the other. But if the falling off in the requirement of the De- I· 5344 CONGRESSIONAL ·RECORD-SENATE. AUGU$T 9", partment was six months ago or four months ago and the force has The Chief Clerk read as follows: been continned up to this day, I submit, according to any busi- SENATE CHAMBER, ness principles or arithmetic, that a reduction now cannot be so ex- Washington, July 22, 1876. plained. • · · DEAR Sm: I am requested by the committees of conference o' the legislative bill to ask that you will, in connection with the other heads of D'epartments, con- Now I should like to ask another question of the honorable Senator sider the proposition to reduce the number of employes in saii>ing, or recognizing any claim now pend:.in~ or tion by recommitting the report to a. committee which is dissolved. as a basis of any claim which may hereafter bo preferred against the Umted States by said steamship compa:lly, growing out of any law or contract whatever, Mr. WINDOM. It is not clissolvecl. except such as may lawfully exist under the law of February 17, 1865, abovt.\ re- Mr. SARGENT. It is dissolved by this report. It fleems to me the ferred to. conferees may consider themselves as receiving the sanction of the The law of February 17, 1865, is a law making the contract with Senate by the original motion. · them, anll agreeing to pay them a certain n.mount for carrying the Mr. DAWES. I suggest to the Senator from Minnesota that hi.s mails, but bv striking out" exceptincr the law of ·F ebruary 7, 1865, present motion would require .precisely such a vote in the House as above referred to," as the Honse baa done, the result is to de.pri ve the he calli'! on the Senate to make. The Honse would be called upon to Pacific Mail Steamship co·mpany of the right of demanding pay for recommit the report to this same committee. Let the House act in- the service of carrying the mail. It expressly says that no claim shall dependently and the Senate independently. be recognized, not even the claim arising under the law of February Mr. SARGENT. I think we had better not recommit it. 17, 1865, which I am sme the House could not have intended to do. I Mr. DAWES. Not a Senator indicated a desire for a different course. hope the Senate will at once non-concur. . Mr. SAULSBURY. I shall vote for the motion of the Senator from The amendment was non-concurred in. Minnesota; but as it happens to be inconsistent with the vote which Mr. JON.BS, of Nevada. Now I move that the Senate ask for a con- I have frequently given upon a question involved, I desire to make ference on the (ijsagreeing votes. · an explanation of my voto. In reference to the salary of the President The motion was a,greed to; and by unanimous consent the President of the United States, I originally opposed the increase from $25,000 p1·9 ternpore was authorized to appoint the com-!llittee on the part of to $50,000, and I voted for the bill, which is now before the Senate the Senate. with the-veto message of the President, decreasing the salary of the Mr. JONES of Nevada, Mr. DAWES, and Mr. KEY were appointed next incll1nbent of the presidential office to $25,000. I shall vote .for the conferees on the part of the Senate. a separate independent proposition of that kind again to make a re- duction of $25,000; but I do not believe that it is proper to put such THE HAMBURGH RIOTS. a provision upon an appropriation bill. Therefore in voting for the The Senate resllllled the consideration of the following resolution, motion of the Senator from Minnesota, I do not wish to be understood submitted by Mr. MORTO~ on the 2d instant: at all as favoring, as an abstract question, the increase which was Resolved, Tha.t 10,000 copiea of the President's message and aerompanying doeu. made to the salary of the President. I vote for this proposition be- menta in re~ard to the late massacre at Ham burgh, Sonth Carolina, be printed far cause, while we have a bill before us red·ucing the salary of the Presi- the use of tne Senate. dent, which it is in our power to take up and pass over his veto, I do Mr. PATIERSON. Mr. President, yesterday when I yjelded the not think it is proper to put. a provision of that 1.-ind upon an appro- floor I was referring to t.he parties implicated in the recent murders priation bill. Whenever the proposition is made to take up the at Hamburgb, South Carolina. · I was speaking of the eharacter that measure which has been vetoed, I will vote to pass it over the veto. these pa.rties bore in the community in which they live. I have no The PRESIDENT 1n·o tempore. Does the Senator from Minnesota desire to misrepresent any person connected with this transaction. insist npon his motion f What I have said about these parties is I believe true. My object Mr. WIND0~1. There seems to be some objection to the second in stating this to the Senate and to the country is to controvert the motion which I made, and with the consent of the Senate I will with- idea that is spread abroad whenever reports of outrages come up from draw it and renew the first motion. the South. S011ators on this floor, newtipapers and publia ~ou, aRjQJB IV-335 5346 CONGRESSIONAL RECORD-SENATE. AUGUST 9, in deploring these outrages. They all say they regret them; hut at the fused to do it they had some harsh words, but for the sake of peace same time we hear from all of them, or nearly all, some kind of an ex- the militia .company opened column and let these two young men ride cuse. They say that the negroes were insolent, that the negroes were through in their buggy. What right had they to order the milita com- turbulent, that they were the cause of t.hese riots, and that the authors pany to do that f But the captain of the company for the sake of these crimes were low, reckless, and irresponsible men in the com- of peace and to avoid a disturbance, to prevent the charge being munity. .My object in speaking of the character of the parties im- made that the militia, the colored militia, were obstruct.ing the high- plicated in these transactions is to show that that is not true. way, opened column and let these two young bloods pass through. These murders have been committed. Whether the parties mentioned I ask Senators to suppose that there was a volunteer company, a in the reports of the coroner's inquest are the parties really guilty, I military organization of this District, marching up Pennsylvania do not know. They are chargecl with it upon the oaths of citizens of avenue ; would any Senator upon this :floor, would the President of South Carolina; and if they are the guilty parties, I have this to say, the Senate, have any right to stop that company and demand that that they are persons who are recognized in their communities as they should open column and let him pass through f Is there any gentlemen and the best people in their community~ I want to hold man in the Senate or any man in 'Vashington who would aak such an the real parties responsible for these outrages. I do not want there- unreasonable thing f Yet because these two young men were refused sponsibility shifted onto people who are not responsible and who have the right t.o go on the highway where they pleased, they stopped the no position in society. That is all I ask. I think it fair, and no man company and got up this disturbance, but finally were permitted to can complain of it. I know no man in South Carolina will object to pass through. That should have been the end of it. There it should that. It is all very well for Senators to talk about the authors of have stopped. The militia company had yielded more than waa these crimes in the South being "spewed up" by tpe war, and all that reasonable. These two young men obtained more than any citizen sort of thing ; but Senators know better than that; newspaper men had a right to ask. know better than that; public men 1.-now better than that. For this wrong these men sought redress before Prince Rivers, of Ham burgh, trial DEMOCRATIC EXCUSES FOR THE RIOT. justice and Dllltior.general of militia, a negro. The case was set for the 9th, and meantime. the negro militia swore they would submit to no punishment from the I want to read from an article the Charleston News and Courier in officer of the law, and were loud and threatenin~ in their views. They threatened regard to this outrage. This paper deplores these outrages. It goes to lynch Messrs. R. Butler and H. Getzen if they were not convicted. further than that; it denounces them. Let me read to you the ob- . Now, I ask Senators in all candor, where waa the wrong to these ject of their denunciation. This is the Charleston News and Courier two young men f If there was any wrong in it, the wrong was to of July 13, only five days after the occurrence: the militia company and not to these two young men. The northern newspapers, ev~n those most friendly to the South, are loud in their Convicted of what t There is no evidence of that kind. denunciation of the Ham burgh sla.nghter. They regard it as doing good work for Hayes and Wheeler, and predict that a few more outbreaks of the same sort will Information of these threats reached the neighborhood of these men, and their insure the defeat of Tilllen. Is it not horrible that a band of regulators should friends and neighbors mounted their horses and went to Ham burgh at the time ap- have tho power to destroy, by their inexcusable violence, the prospects of the party pointed to defend and protect them from violence, and to support tho law and its which, if successful, will restore constitutional rule to the whole people 1 officers in the prosecution of justice. There is the rea-son given for denouncing these outrages. There is Great God! justice! I ask what justice did these young men want f nothing in that paper of regret for the death of these poor people, Who had been outraged' Their friends resorted to Ha,mburgh. Yes, but they put it upon the ground that it will hurt the election of .Mr. I une power, on being satisfied of the m~sconduct complained of, to inflict or causo to ue inflicted on tho servant suitable corporal punishment. he did. not think it was wrong to bang negroes without trial and wit.h- out any cause. "Why, no," he said; ''they said it was not wrong; I need not explain that; everybody understands what that is. The no harm in killing negroes if they were radicals." That youn?, man be- whippint?-post had not been cut down yet in South Carolina, and this lieved tha,t; he believed it religiously. The judge said now,' Why did by 11 ChrlStian, civilized people: you not tell your father when they threatened to kill you if you did. Tl1e contract for service shall not be terminated by the death of the master, not join the organization?" "Why," said be, "he belonged." He asked without the assent of the se:cva•t. him if there was any com1ty officer or township officer at hand. He said ~ * • . The rules and regulations prescribed for master and servant apply to persons in '' 0, yes, there were." "Why did you not tell them!" "Why," said he, service as householu aervants, conferring the same rights and imposing the same "they belonged." He asked him if they hacl any churches in that town- duties. * * * . ship-Limestone Township. "0, yes." He asked him did be ever go to The maater shall have the right to inilict upon the servant such corporal pun· church. He did. He asked him if they had any elders in the church, a.ny ishment as he may think proper. rnlingmenin the church. "Yes." "Why did you not go and tell these He may think very severe punishment proper to inflict on these elders that these neighbors th1·eatened to kill you if you did not join this free citizens of America. Here is a. section in regal'd to "mechanics, order¥" "Why,"saidhe, "tbeybelonged." "Well,"thejudgeasked, artisans, and shop-keepers:" ''is there a preacher t.bere Y" "Yes." ''Why did. you not go and loll No person of color- the preacher T" "Why," he said, "the preacher belonged too ; for he Tba.t does not say "no person," but was there at a meeting of the order the last night I was." I only give this as an insta.nce to show the condition of society, to No person of color shall pursue or practice the art, trade, or business of an ar- show how these outrages and these crimes are participated in. That tisan, mechanic, or shop-keeper, or any other trade, employment, or business (be· sides tha.t of husbandry or that of a servant under a contract for service or labor) young man was honest; that young man was in ea.rnest. The whole on his own account nnd for his own benefit, or in partnership.with a white person, secret of this thing, the whole cause of this spirit is because of the ed· or as agent or servant of any person, until he shall ha.ve obtained a license there- uca.tion that the democratic leaders in the South have instilled into for. . the minds of the people. Th~t is t.he cause of this trouble. The young Then jt prescribes what he shall pay for the license. men in Edgefield and Aiken and from Augusta, Georgia., who were en- .All pel'Bons of color who have not some fixed and known place of abode and some gaged in the Hamburgh riot have been taught from their infancy lawful and reputable employmentl &c., ma.y be arrested aa vagrants, and, by order that slavery was ri.~ht, that secession was right, and that rebellion of the district judge, be fined and nired out. was the remedy. They have been taught to believe that n~groes had In other words sold into slavery aga.in. no rights that white men were bound to respect, and they associate I have read these extracts to show the spirit that actuated the the white radical with the negro, whether he is a native or a. northern Legislature of 1865, a Legislature that met after the war; t.o show that man. They believe that. They have boon taught to believe that ihe the same spirit prevailed as during slavery : that these people were killing of negroes because they will not vote the democratic ticket or unwilling to a~cord to the colured man, although free, the rights that because they insh t upon voting the republican ticket or because t.hey bad been secured to him by the war. will hold office is not wrong. Let any Senator go from this place to-day Mr. President, I will not tako the time of the Senate in reviewing to Eugefieltl County and ask if the gentlemen charge~ in this return of thA historv of the Ku-Klux in South Carolina. It is well known that the coroner's jury have lost caste in Edgefield or Aiken County or in there were Ku-Klu.x: in other States. Tile kn-klux organization ex- Augusta., Georgia, for their participation in these crimes and the isted in nearly every State in the South, and I will not weary the atten- answer will be "no." Not one of them loses caste. The neighbors tion of the Senate by refening to it, but I will read for the informa- respect him as much as before these outrages. That is a fact that no tion of the Senate a.n extract from the speech of Reverdy Johnson, man will deny. It shows a. vitia.ted pnblic sentiment, a~d it is all who was employed by friends of tile pa-rties charged with ku-klu:ring traceable to, and the parties responsible for it are, the democratic in South Carolina before the United States court t.o defend them. leaders of the South. You all know who the late Reverdy Johnson was. I mere1y read this I do not say this in any unkindness toward the people of the Sou;h. to ~et his testimony as to the fa.cts in 1·egard to these trials. I have I say the people of the South should infocm themselves; they shoulcl heard £enatorw on this :fioor referring to the ka-klnx: outrages in resist sueh counsel from their demogrn,tjg l@aders. If they are bound 1876. CONGRESSIONAL RECORD-SENATE. 5349 by the chains of such a prejudice, if they hold human life so cheap, others the same rights that they ask for themselves, and I have if they believe that a man shoulcl be killed and murdered or knocked tried to inculcate upon them the same principles that go\ern citi- on the head because he seeks to vote as he pleases, I say it is their zens in Pennsylvania, and I have no desire except for the very best dut.y as American citizens to correct that impression and the sooner in~..rests of the State of Sooth Carolina. I am only speaking of the better. Why, Mr. President, if Samuel J. Tilden was to go to facts; I am speaking of what does exist, and I do not think there Edgefield County to-morrow and be received by the democracy of is a democratic Senator on this floor who will deny the existence of Edgefield County, the chances are that M. C. Butler would be the this feeling. Why, Mr. President, the people of the South are not chairman of the committee to receive him; he certainly would be on singular in this respect. They may be just now; but let us go back the committee, and he certainly would meet Mr. Tilden and meet him a few years. How many years has it been since there was the same as his equal. feeling in the Northern States Y Less than forty years ago Lloyd :MR. TILDEN'S SYMPATHIES WITH THE WRONG. Garrison was mobbed in the streets of Boston and a rope tied around It is well for the New York Herald to come out and say to Tilden his neck and he wa-s marched through the streets of Boston, by whom 1 that he most come out and denounce these outrages. Mr. Tilden did Was it by the low people, was it by the blackgua.rds J No, by the not do so. My able and distinguished and amiable friend from Con- best people in the city of Boston, because they were in favor of slav- necticut [Mr. EATON] yesterday said that Mr. Tilden had nothing to ery and they were opposed to abolition, and this man was a vile abo- do with such thinO's-nothing to do with the interests, the lives, and litionist, a pestilential fellow. Why was that done T Why was it tol- libe1-ties of five ~ons of his fellow-citizens I I say that Mr. Tilden, erated 7 Why were not the parties punished f Because behind the a man who aspires to the Presidency of the Unit-ed States, should be action of that mob was the public sentiment that was depraved and ready to use his power and his influence :md his voice at any time vitiated just as this public sentiment of the South in regard to viola- and at all times, before his election and after, to prevent the murder tions of the rights of colored people and radicals, as they are called; of American citizens! It is his duty; ancl if he had written one line for we never hear the word ·republican there at all; we never hear in his letter of acceptance of the nomination by the democratic party anybody called republican in the South; it is radical, and radical for President that would have stopped these murderers, that would '' meallli nigger." That is what they say. Forty years have passed, have stopped this violence, that would ha\e stopped the shedding of and Boston has got rid of that sentiment. I a.m not a very old man, human blood for opinion's sake in the South. It was his duty to do but I remember very well in Pennsylvania when an abolitionist was it, and if it lost him democratic votes he should have been man enough a despised and hated man. I know when we organized the republi- to have said "I do not want a democrat's vote who wants to vote for can party in 1855 in Pennsylvania they called us ''nigger-heads" and me because he thinks I sympathize with murder." Great God! Do "woolly-hea-ds," the mildest phrase was "black republicans," and you want to elect Samuel J. Tilden by such means 1 Cannot he be when we went out to make speeches they would throw rotten eggs elected without the votes of all the murderers in the United StatesY at us. Who did that t The democrats in Pennsylvania. Is he to be the candidate of all the murderers in the United States f The time wa.s-my good friend from Pennsylvania [Mr. W .ALLACE] I hope not. I have too much respect for him. Let Samuel J. Tilden knows it-when it would have been very unsafe for an abolitionist be elected President of the United States by the votes of the honest to have gone up into the county where he lives and made a speech. people of the country and every man will say amen; but for the sake He knows it and I know it.. Within forty years Pennsylvania Hall of the country, for the sake of the nation, for the sake of civilization, was burned in Philadelphia because the abolitiontsts held meetings do not let it go abroad that Samuel J. Tilden cannot be elected unless there. Public sentiment in Pennsylvania ha-s been changed since he gets the votes of all .the murderers in the country. I want to see then; more enlightened and more civilized ideas preva.il there. Now Hayes and Wheeler elected; but if they must be elected by the vote I ask that the people of the South shall educate themselves. I am of one murderer I pray God that they may be.def6{Lted. Now lei! the not here to a-sk the North to pass judgment upon the people of the democrats join with me in that about Tilden. South. I am not here to ask you to send armies down there again to inflict woes and horrors upon the people of the South because they THB STATE AUTHORITIRS. have this spirit. I ask you to forbear, to give the people of the South Mr. President, early in the dis:mssion of this question it was sa.id, an opportunity to recover from this nightmare, as you have done at Let the State authorities of South Carolina do their duty and brin(J' the North; give the people of the South an opportunity to get edu- these guilty parties to justice. The State authorities of South Cru~ cated up to the idea. that the American citizen is an American citizen, olina are trying to bring these people to justice. They have had them and is entitled to the same rights everywhere. They will learn it. arrested and I want to show you what they are doing about it. The The time will come, and it will come in Georgia, and it will come in warrants wer.c placed in the hands of the sheriff of Aiken County. Texas, and it will come everywhere, that an American citizen will be These are no common fellows, I want you to understand; these are as safe there as he is in Pennsylvania or in Massachusetts; but it haa gentlemen. They are not •he kind of men whom yon can send the not come yet, and many, many will'be the victims who must lose sheriff after and catch by the collar as you would a common fellow. their livee before they learn that lesson. It is in behalf of these vic- He dare not do that. The sentiment of that community would not tims that I plead. I ask in thP.ir narrie, in the name of these "inno- tolerate it. These gentlemen meet at the office of M.r. Butler-not :M. cent people that a party that has the power will nse it to stay the C. Butler, but a namesake-and they surrender themselves to the hand of this violence. In the name of God and in the name of hu- sheriff, and make an arrangement to be at the Aiken court-house on manity, raise your hand to save the lives of these poor, innocent, and a certain day to give bail, and the entire bar of Aiken has volunteered unoffending men; and when that is done this long-continuing Iliad to defend the accused. Every lawyer in Edgefield County has vol- of our woes will cease, and peace and concord will prevail through- unteer to defend the accused. The democratlc county convention of out the land. Edg~fi.eld m~t sin~e this transaction, and they passe~ a resolution ex- USE OF UNITED STATES TROOI'S. tendmg thelf "a1d and sympathy to all the partws who may be It is Sl!.id the Government of the United States has been called arrested for complicity in the transaction at Hamburgh." That iii a upon for troops. I want the trials to go on in the courts. I wa.nt formal, solemn resolution of the democratic county convention of th~ the State authorities to exhaust all their power. I know that in the County of Edgefield, in which so many of these unfortunate gentle- South the presence of United States troops is offensive to our demo- men reMide; because they are unfortunate. I always have sympathy cratic friends, and I am such a good-natmed man that I do not want • fO.r any person who is guilty of such crimes. I have no love for hu- to offend anybody. I knowtheydonot like the presence of the blue- man misery; I want to ee no one of my neighbors in trouble; but con,ts there, and why I cannot understand. I do not see-what harm this resolution extends their aid and sympathy to these people. The they do there. I say right here that since I have been in South judge of that district is a democrat. He was elected by a republic:m Carolina-eight years-the United States troops have been there all Legislature; but as far as I have heard about him he is an honest that timo, and I cha.llenge any citjzen of South Carolina, no matter man, a good ,iudge, and I think he will do his duty. who he is, to show the time and the place when the United States troops In South Carolina our jury law provides that the juries shall be -were used to interfere with the right of the voter, or used for any drawn from the taxab1es, not from the voters. The jury-list is made other purpose than to protect the life of the citizen, mcept once, up from the list of taxables. With such a sentiment in Edgefield and that is the only instance in South Carolina since reconstructio~ County, with such a sentiment in Aiken County, with the manner of and I am going to speak of that for the benefit of our democratic · making up .the juries, I aBk what the chance is for a conviction Y friends; for it is a case in point: as the lawyers would call it. These people do not care any more about going before that court, not I have here theNew York Sun of July 31, 1876, and that is a Tilden half as much aB I do about standing here and making a speech, for paper. I am going to read this. I state the fact on my own respon- of all things in the world that I dislike it is that of ma.king a speech. sibility and knowled~e, and I wa.nt to show that somebody else has Mt. CON~ING. You are doing very well and- making a good heard of this. Thia IB a democratic paper-the New York Run-that speech. flies the names of "Tilden a.nd Hendricks." It refers to what oc- PUBLIC S~ DEFEATS Tim COURTS. .curred in 1871, when Mr. Wagener was the democratic candidate for Mr. PATTERSON. Thank you. These people havenofearsof the mayor of Charleston : · State courts. They know they are in accord with the sentiment of During the election of Mayor Wagener the negroes openly avowed their purpose the white democrats in the whole county, they how they have got of winning the election, as they ha.d. done before, by clubs and stones. The white~!, a sentiment in the whole State to suround them and to protect them. tbou~h thoroughly prepared. shrank from the confiict to which they had boon in· ted by the turbulent wretches, and called in the United States soldiers to protect Senators may think it is very harsh for me to speak in this way of vi them in the exerciso of their su.ffra_ges. .Even the soldiers at ihe polLs could notre- the State I have the honor in part to represent on this floor. I am press the turbulence of the aggressl ve newoes, and it was not until several had been not. responsible for this Sentiment. I am not responsible for this knocked doWll and one or two shot that Trney were quelled. , feelmg. In all the speeches I have ever made in South Carolina. I was there and know all abeut it. General 'Va.gener was a can- I have advised t:li"e cblored people to be bw-abiding, to give unto dida te for election to tlw ma,yoralty. The republicans had an hone':it 5350 CONGRESSIONAL REOORD-SEN.J_L\.TE. AUGUST 9, majority in the city of Charleston of about twelve hundred at that a citizen and attempts to exercise t.he same rights that the man i.n time. They have moro now, as the population has increased; but Ohio or Pennsylvania. does, is at once called a carpet-bagger ar.d slave was a sad and fatal mis- to all. take, arid was atonctl for by the loss of thousands oflivesin tile South. CONDITION OF THE SOUTH. The result soon proved that, and Congress so declared it, over the will Let us inquire into the condition of the people and the State be- of a faithless Executive. I refer especially to this infamous black .fore the advent of the radicals to power. It will not be claimed that code of South Carolina, to which I have frequently alludecl, as.evi- the people of that State were oppressed, robbed, plundered, and beg- dence of the malice shown by the democratic politicians for the freed- gared (to repeat language used upon this floor) by the radicals until man, and ask their apologists to show any act of legislation since the they got into power, which was in 1868. Yet, Mr. President, all these freedman assumed power at the command of the Government and in evils bad been visited upon that people before that to a degree al- obedience to that good old democratic doctrine that the " 'majority most beyond conception and human endurance; and I ask by whom f must 1·ule" which showed any resentment, which was for the benefit of Will any one dare to say by the negro they so unjustly assail f 'Who one class against another, and that was not for the benefit of all. plunged tbat once prosperous State into the throes of secession andre- But I do not wish to anticjpate. I have shown that the power of bellion and o\erwbelmed life and property in a common ruin f ·was the State was up to 1868 in the hands of the democratic politicians the negro ot poor white, who composed four-fifths of the population, and former ma,sters; you all know no colored man voted up to that consulted T No, sir! The few opp1·essed the many and one of the time. But for two years a stru~gle bau been going on between Pres- fairest States of this Union, its blood, and its treasure were offered ident Johnson and Congress. It was feared the negro would ue al- up as a sacrifice to the mad folly of a few wicked rulers. That was lowed to vote and the negro wo.nld assume power, and thus the ne- oppression followed by plnnder, 1·obbery, and begga1'Y· Yet democratic cessity that the u bland and child-like" manners of the heroic order Senators have no terms of censure for such as these. Had their mad- of the Ku-Klnx sqould be taught to the radicals of the State. Bot ness involved only themselves in ruin, the history would have been in order to take time by the forelock, as the evidence before the ku- sad enough, but the precious blood poured out on a thousand battle- klux committee proves, these angels of light commenced their visits fields, the suffering of the wounded, the waate ancl destruction of t<> fallen man early in 1866; and yet there could be no oppression, no property, the mountain of de\lt, m1d the disgrace to the nation were robbery, plundering, or beggary of the people by the negro until his the ~acrifi~ required tu atuuo i'ur tire great foDy uf a fow matl men advent t o power in 1868. Yet murders and whippings bad been com· ill So't'l. th Carolina. - mitted tip·ou t hese defenseless peopl o for two ycafs by a hiclclen hand, 1876. CONGRESSIONAL RECORD-_SENATE. 5353 and no effort m::tdo to bring them to justice by the then rulers. The lamented Randolph had been killed in18~ in colcl blood, in dayl~flo:ht, as he stepped on the platform at Cokesbury depot; a man of alH ty, character, and pure patriotism, chairman of the repablican ~tate com- mittee 1 and killed because he was a black man and radical. Yet 1866. ~~b;yth~;~~::::: ::::::::::::::::::::::::::::::::::::::::::::::: 1866. =:;: ~: Debt .••..•••••.• ____ .. -·---- ................................ _·-··-- 14,896,040 10 gg 1875. white democmts were present with eyes open a.nd did not see who Debt, when all funded·---·---··----·--··--......................... 6, 000,000 00 did it. Now I ask who was oppressed, robbed, plundered, and beg- Property .• ·-·-··---·· .••• -·---·---- •• --·--·---·· .••••••• __ ... ··---· 11:;, 000,000 ·oo gared up to this time 18687 Not the white democrat, but the loyal But it is charged the Legislature ~as been reckless and th.e expendi- black man. Ay, mor~, he had been murdered ~nd whipped, and no ture largely increased from what It was under democratic rule: I protection offered him. He had cause for ~es1stance, f?r ku-kl~­ admit there has been extravagance and the taxes have been too high. ing, for murdering his oppressors; but he patiently subiDitted to this Is it not true of all the States and of the General Government that new tyranny although the law made him free. It was a sad mock- the expenditures since the war have greatly increased and the cry ery on freeddm and cost the lives of multitudes of its votaries. of economy and retrenchment is heard beyond the limits of . South These democ;atic politicians then in power refused to accept your Carolina? But the case of that State is an exceptional one. Under constitutional amendments, and Congress at last, backed by theN orth, democratic rule, the legislation and expenditures of the St:L~e were determined to enfranchise the negro; amlin 1868 he assumed power, for the benefit alone of less than three hundred thousand white peo- and from that date he is responsible for its use. . . ple, while the int-eresf:s of ~ver four hundred thousand (free bnt) col- The administration of Governor Scott went mto power m 1868, ored people were entuely Ignored. True, they were asked to per- with a large radical majority in the Legislature, and nearly all the form all the labor, thus paying the taxes for themseh?es an~ their offices in the State were filled by men of the same party. Some of employers, but not one dollar of the revenue was eve.r. applied for the judges and others during the next two y~ai·s, who professed re- their benefit. They were not a part of the body-politic, and were publicanism to secure office, fell by the way-side and smote the hand only counted as so many "beasts of burden" and that too without that fed them. During his first administration the taxes were very owners. low. No class legislation was enacted. Wholesome .and beneficent Under the new order of things and enfranchisement of the negro1 laws were passed for the benefit of the r~ch and poor alike_; the scho?l the population had suddenly swelled to over nine hundred thousanhington, Adams, Jefferson, .Madison, and Jack- They who are responsible to the people of this country owe it to son, the dead patriots of the Republic, but the stars and bars, the their God to issue that edict. If it defeats them let it do so, but miserable rag of Davis, Toombs, Hunter, and Benjamin, the living in God's name1 for the sake of humanity, for the sake of the credit of traitors of a betrayed nation. That mailed hand was raised against the country, tney should use their influence with these bad men of the life of this Republic; ay, that army was knocking at the very the South to stop these outrages. gates of this capital. That army met its "Appomattox;" that hand · Senators may not have studied this question as I have. They may was stricken down, and that flag was furled in defeat, it was then think I am trying to shake the ''bloody shirt." Senators will testify hoped forever. The glorious sunlight of peace, clouded by the sad that I have been quiet since I have been in the Senate about the sorrow for their martyred President, cheered the hearts of all true "bloody shirt." Sir, I have hesitated to attempt to describe the condi- Americans. tion of affairs at the South because the truth is so frightful as to make Eleven years have passed away. Forgiveness, generosity, and mag- m9n at the North believe it is fiction. No, sir; half the truth baa nanimity have been extended with "gospel measure" by the victor never been told, and I had hoped that no necessity should arise to to the vanquished. Not one drop of blood has been demanded as an require me to address the Senate upon this subject, as I preferred to atonement for the crime of treason. The armed traitor of yesterday is cover the errors of my people with the mantle of silence, but duty the respected ruler or honored representative to-day. Yet it is a fact, compelled me to no longer keep silence. I am in favor of peace; I as I have already stated, that more American citizens, many of whom want reconciliation; I want harmony between the sections. The passed safely through the "fire and hail" of the battle-field, have northern people have forgiven the southern man for being a rebel. been murdered in the Southern States during the past eleven years They take him by the hand and say he is a citizen. They invite him for opinion's sake than were killed on the federal side in any battle to this high place of power and they invite him to all the places of during the war. power and responsibility under this great Government. I ask the The same men who directed the movements of that army in war southern white man to conquer his prejudice and forgive the negro have since by what they call peaceful means obtained political con- for being free, being a voter, and being his equal before the law. The trol of nearly every southern State. Nearly one-third of the pres- South has bee:a famous in the history of this country. She has been ent Congress comes from what was but yesterday the confederate great in counsel and gallant upon the :field, and she has reflected honor army, while scarcely one-tenth of this present Congress comes from upon the whole country. Wby cannot the white man of the South what was butyeoterdaytbeArmy of the Union. The Romans opened conquer his prejudice and extend the band of true friendship and the doors of the temple of Janus in times of war. We in times of protection to the republican, no matter where he comes from and no peace open the doors of our temple of liberty to our enemy of yes- matter what his color may be f terday, and invite him to preside at its high altar upon promises of No, .Mr. President, I am not trying to shake the H bloody shirt," but pe:itce and sealed by the solemnity of an oath. I speak words of "truth and soberness." The people of the North The traitors of yesterday were democrats, they are democrats to- are not aware of the true condition of things in the South. If the his- day; they enter Congress as democrats, join hands with.their demo- tory of the crimes and the murders since the war for opinion's sake up cratic allies from the North as naturally a.s the links of a chain are to tbi.s time could be writt-en and publishetl it would be a record that united, but to all appearances that chain never was broken, but has would appall this nation and shock civilization. .More men have been always been united by the mystic bonds of an ardent sympathy. murdered in cold blood in the South for opinion's sake since the war This we are told is the return of democracy to power and means than were killed in any one battle in the war on the Federal side, and peace. that, too, in frea America. I make that statement not hastily. The .Mr. President, it is recorded ht the history of France that the allied facts and the record will prove it, and I beg the people of the North armies of Eu.~pe a.ssembled at her capital to witness the coronation to consider it. If such a carnival of murder bad been visited upon of Louis XVh.1 after the fall of the great Napoleon. In the vast throng the North they would realize it. 'Ve who live in the South do realize who gazed upon that scene, made resplendent by the jewels of the it, but we have not the power to help ourselves. Tho power of this most powerful dyna-sties of the world, there stood a soldier of the em- Go v ern~.ent, the seat of empire, is at the North. You hold the key to pire who had grown gray in war while following the eagles of the the posrt10n. You have got the power and you are responsible for the mighty Corsican alike over the vine-clad hills of Italy, through the rights and lives of these people. I pray my people of the North, from oli-ve groves of Spain, and amid the deadly snows of Russia. As he whom I have descended, who have the same blood that flows in my contemplated the scene, with his heart beating in sorro~ beneath the veins, for my sa.ke, for the sake of my family, for the sake of t.he poor cross of the Legion of Honor which he had earned by his gallantry at colored man throughout the South, who is as loyal to the flag as the Austerlitz, a Bourbon nobleman, not recognizing in him one of the proudest, the greatest, and the best man in theN orth, to consider these grenadiers of the Old Guard, said to him: "Is not this magnificent f facts. I beg them to consider them and reflect upon them when they Is it not grand f What could inake it more perfect f" "Nothing," come to vote, and if they do conclude to vote for the democratic can- answered the battle-scarred veteran ; "nothing but the presence of didate for President, I say so be it. Bot I have the satisfaction that my brave comrades who died to prevent it." I have given them my warning. I have entered my protest against I say to. the loyal people of this nation to beware in placing in the his election. presidential chair a State-rights democrat. Already we have seen South Carolina in this contest will do her duty, and in the face of sixty wounded Union soldiers, employes of the House, dismissed, and these dangers, in the face of these outra~es and these murders the loyal forty ex-rebel soldiers appointed to their places. The one-legged Union people of South Carolina will.do their aut:v and their whole duty, not soldier made to give place to able-bodied ex-rebel soldiel'IJ. Union as politicians, not as partisans, but as American citizens. We believe soldiers of the North, you know the reason; and think well over this in the principles of the republican party. We believe they will pro- picture before you cast your votes in November. Yonder flag, which mote the prosparity of this whole conn try. We believe they are right, floats so proudly from the Dome of this Capitol, the emblem of a na- and believing in them, the republican party of that State will sustain tion's honor and pride, the representative of its greatness and power, them. Every republican in South Carolina is prepared to go out and honored at home, respected abroad upon every land and sea, may be take his life in his hand, and we have to do that in every campaign. lowered by the new ruler and in its stead may be unfurled the "stars This Hamburgh matter is no new thing for us. We had murders, and bars," a fit representative of a nation's degradation and a free we had violence, we had our meetings broken up in 1874, in 1872, in people's shame. The last democratic President lowered the flag, de- 1H70. We are used to all that. When we go out there to make a stroyed public credit, and let the Union be broken up; and what as- speech we take our chances, and it is not any more pleasant than a surance have we that the same treason may not again be witnessed person would. imagine. Somebody has got to do it, and the republi- under another democrat if elected T • can leaders in South Carolina do not hesitate to do it; and while we When that time comes, loyalty will furl the Stars and Stripes, de- do our duty we expect our friends at the North to do their duty. posit them in the tomb at Mount Vernon, the only place on American When the storm rolled over the Nol'th in 1874 and carrie(l the Stattl of so ~l sacreil against t he hand of the vandal, burn the battle-flags of 5356 OONGRESSIONAL RECORD-SENATE. AUGUST 9, the Republic, plow up the cemeteries .in which are deposited the :Mr. HAMLL't{. I want to say a word upon this subject of courtesy, ashes of a nation's dead, and thus remove every remembrance of the because I hope I am as iucapable as any Senator in this body of act- lat.e struggle which may be offensive to our new masters. ing discourteously toward :my member of it. In the first place, a By a democratic triumph, is treason to gain all i:'; lost at Appomat- little bill with which I wa.s charged here, and in which all Senators tox 7 Is this the feast to which you invite the American people in the are interested, got under this great big load of hay precisely by the coming election f Is this the price you demand for the peace you same movement which I have risen to inaugurate. Again, knowing promise f Is this the hidden purpose of a democratic triumph, not that the Senator from Pennsylvania had gotten the floor yesterday to be revealed nntil the power it. secured f and expected to follow the Senator from South Carolina, the Senator In the campaign of 1860 the scheme of secession was concealed and from Pennsylvania I know will do me the credit to say that I called denied by the democratic leaders north. The American people have upon him and stated to him that I was incapable of doing a discour- before them that terrible lesson, and in 1876 let them meet this new teous thing to him, but situated ns I was in relation to the post-route issue with full knowledge of its great danger and settle it at once bill I felt that it was my duty, at the importunity of Senators all and forever. God grant that my fears may not be realized, that the over the Chamber, to see if I could get the floor and get the Senate people of the South may be spared a new sorrow and the nation a back to that bill, and back precisely in the same way it went from it, new shame. by moving to lay the pending order upon ti1e table. If the Senator All I have to say in conclusion is that I hope the people of the North from Pennsylvania insists that under these circumstances he ought will wake up to the real isaue involved in this contest. It is not a ques- to have the floor, I will not make that motion, and I sn bmit it to him. tion of currency at the North any more tha.n at the South; it is not a Mr. WALLACE. If the Senator from .Maine moves to lay the pend- q nestion of hard money or soft money at theNorth ; it is not a question ing motion on the table, it necessarily cuts {)ff debate, and I, in com- of tariff or free trade. Every man in the Senate, every man in public mon with all other Senators who wish to speak on the subject, will life in the United States, every intelligent man throughout the North be foreclosed by the action of the Senate on account of other business knows that, after all, the secret spring in this contest is the question pending before the Senate. I think that would be perhaps a breach ofloyalty. The question forthepeopleoftheNorth to decide is, Will of courtesy. The Senator from Maine did call upon me, and asked you and are you prepared to trnst this Government in the hands of the me the question as to whether I desired to speak, and said to me that democratic party, controlled as it now is, with its present leaders North he intended to move to proceed to the consideration of the post-route and 5outh f That is the question in this national contest. That is bill if he could get the floor for that purpose. I will state that he the question that must be· decided ; and I have so much confidence in did say so to me, and hence I rose as rapidly as I could. I thought the good sense, in the integrity, in the patriotism, and in the loyalty I had the recognition of the Chair; but it seems I was mistaken. If of the people of the North that I believe that their verdict will, be the Senator from Maine insist-s, I have nothing to do but to submit. in favor of the right, and that the right will prevail. :Mr. HAMLIN. I want, then, to say to Senators who have come to For the democratic party, with such aims and such designs upon the me and asked me t.o get the post-route bill again before this body, and integrity of the Union a.nd the existence of the Republic, I can only to whom I said I would make the effort, that I decline to do so simply express my horror by quoting the following verse: upon the ground that the Senator from Pennsylvania insists upon Mav all thy hopes be smitten, the floor. Thy brightest hour be gloom :Mr. WALLACE. Mr. President- And infamy be written Mr. SARGENT. Will the Senator from Pennsylvania allow me a In lightning on thy tomb. moment! · Mr. HAMLIN and Mr. WALLACE rose. Mr. WALLACE. Yes, sir. :Mr. HAMLIN. :Mr. President-- Mr. SARGENT. Before Congress adjourns the Senate ought by all The PRES.lDENT p1·o tempore. Does the Senator from Pennsylva- means to take action either favorably or unfavorably upon the le~Js­ nia yield to the Senator from .Maine 7 lation pending which has passed the House in reference to the Ha- Mr. WALLACE. For what purpose f waiian treaty. I doubt if there is a Senator upon the floor who will Mr. HAMLIN. I think I rose on my feet before the Senator from disagree with me upon this proposition. 'Ve certainly ought to act Pennsylvania did. I am very sure I dicl. promptly ppon it for the benefit of trade, either that the treaty shall Mr. WALLACE. I have had the floor on this question. go into effect or release business from the embarrassment which the The PRESIDENT pro tempore. Does the Senator from Maine rise to uncertain condition of this legislation has put upon it. I ask the con- this question! sent of the Senate that this subject be made the special order for Mr. HAMLIN. That is not an inquiry to be put to me by the Chair. Saturday next. I think that will be enough ahead to allow Sena- If I rose first I am entitled to the floor. tors to make their speeches and to dispose of the matters pressing The PRESIDENT pro tempore. The Senator from Maiue claims the upon the Senate. floor, having audressed the Chair first. Mr. MERRIMON. We want to adjourn on Saturday. Mr. HAMLilT. The rule provides that the Chair shall recognize :Mr. SARGENT. I do not think we can adjourn before next ~Ion­ which Senat.or is entitled to the floor when two shall rise at the same day. At any rate I will take my chances. I have waited from day time. to day for an opportunity to call this measure up and could not do it 'V Mr. ALLACE. I was certainly recognized by the Chair. without incommoding Senators. The PRESIDENT p1·o tempore. The Chair will state that the rnle Mr. SHERMAN. I think that as there is now a prospect of an ad- requires that the Senator who first addresses the Chair shall be rec- journment I will make a suggestion that will dispose of this political ounized. The Senator from Alaine first addressed the Chair. The matter. I suggest that after a reasonable recess we meet to-night to Chair did recognize the S~nator from Pennsylvania, but strictly allow Senators who desire to make speeches (and I ani one of them, . within the rule he will be obliged to recognize the Senator from because I wish to spea.k brietly and do not wish to stand in the way Maine, if he insist.s. The Chair would say in justification, however, of business) to. come here this evening and finish this political ques- . of ti1e recognitim.1 that the Chnir understood that the Senator from tion. Then I think the three days left of this week will be sufficient Pennsylv:mia desired to speak upon this subject. It was for that to dispose of the business that the Senate will desire to act upon. As reason that the Chair addre!>aed himself to the Senator from :Maine a matt.er of course neither the Hawaiian treaty bill nor the post-route and asked if he rose upon this question. That is the justification of bill can be acted upon to-night, but we can afford an opportunity to tbe Chair. spea,k to those who choose to attend and we shall probably have Mr. PATTERSON. I will state that the Senator from Pennsylva- enough Senators to >ote upon the rc olntion. I think everybody or nia had the floor the other day and very ldndly gave way to me. nearly everybody will vote for it at the end, it being merely to print The PRESIDENT Jn'O tempore. The Chair understands that, ani!. several thousand extra copies of a document. for that reason the Chair recognized the Senator from PennBylvania; Mr. HA:MLIN. Having yielded the fioor to the Senator from Penn- but the Senator from Maine is correct, according to the rule. sylvania I now ask tlw Senator from Pennsylvanin to yield to me Mr. INGALLS. I was present in the Chamber the other afternoon the floor for the purpose of affording me an op.portunity of moving when the Senator from Pennsylvania rose and addressed tho Chair to that the Senate take a recess until half past 7 o'clock this evening. speak upon the pending question. My recollection is that he was Mr. SARGENT. Will the Senator from :Maive allow me to have recognized, and that the Senator from South Carolina then asked the some understanding with reference to the Hawaiian treaty first 7 ·senator from Pennsylvania to yield to him, and that he did so with Mr. HAMLIN. Well. the consent of the Senate. It seems to mo that under the rule which Mr. SARGENT. If there should be a session for debate to-night I has uniformly prevailed, the rule of which the Senator from Maine should like to have Friday assigned for the consideration of the Ha- is so strenuous an advocate, courtesy, if nothing more, and the uni- waiian treaty. I ask the Chair to submit the question to the Senate form precedent, would certainly require that the Senn.tor from Penn- that the Hawaiian treaty be made the special order for J!,riday next sylvania should·have the :floor aft.er the Senator from South Carolina after the morning hour. has concluded. l\Ir. INGALLS. Subject to appropriation bills. The PRESIDENT p1·o tempore. The Chair will state that the Sena- Mr. SARGENT. Of course not to interfere with the appropriation tor from Kansas is correct in his statement. The Senator from Penn- bills. sylvania had the floor yesterday, and yielded to the Senator from Mr. ALLISON. I desire to say that to-morrow morning I propose South Carolina; but having yielded, of course lost the right to the to call up the report of the conference committee on the river and floor, bnt the Chair supposed the Senator rose to speak on this quos- harbor bill. · tion and recognized him for that pux:pose. The Senator from Maine The PRESIDENT pro tempm·e. The Sena,tor from .California asks first addressed the Chair, and accordi\1g to tire rule, ruling strictly, that the consideration of the Hawaiian treaty be made the special order the senator from Maine ha the floor. fot Friday next at one o'clock p.m., which re-quires a two-thinls vote. 1876. CONGRESSIONAL REC.ORD-SENATE. 5:357 Mr. DAVIS. I wish to make an inquiry aa to the post-route bill. the bill (H. R. No. 2571) making appropriations for the legislative, I think that bill ou ght t o pass and we ought not to make any order executive, and judicial expenses of the Government for the year to interfere with tbat bill. ending June 30, 1877, and for other purposes, agreed to the further Mr. SARGENT. This will interfere with no bill whatever. conference asked by the Senate on the disagreeing votes of the two Mr. ANTHONY. I have no possible objection to making this spe- Houses thereon, and had appointed 1\lr. SAMUEL J . R~ALL of Penn- cial order; but, aa my friend from California knows, a special order sylvania, Mr. WILLIAM R. MoRRISON of Illinois, and Mr. JoHN A. does uot amount to anything; it i8 superseded by the unfinished busi- KASSON of Iowa managers at the further conference on the part of ness · and there is one bill that I think we ought to consider in prefer- the House. ence 'to any other bill that is before this body, even the appropriation ENROLLED BILLS SIGNED, bills, and that is the bill for counting the electoral votes for President The message also announced that the Speaker pro tempo-re of the and Vice-President. I 'think it would be criminal for us to adjourn House had signed the following enrolled bills; and they were there- without at least attempting to pass some bill of that kind. upon signed by the President pro tempore: The PRESIDENT pro tempo1·e. The question is on the motion of A bill (H. R. No. 1823) to change the name of the pleasure-yacht the Senator from ·California to make the Hawaiian bill the special Ella to that of Myra ; ordm· for Frida-y next, at one o'clock. A bill (H. R. No. 2252) to authorize the Secretary of the Treaaney to The question being put, there were on a division-ayes 2'2, noes 14. change the name ol the steamboat Hiram Wood; Mr. SARGENT. I will not press the matter at this time; but.I A bill (H. R. No. 2602) to relinquish the ~tle of the United States give notice tllat I shall vex the ear of the Senate unless I get this to certain property in the city and county of San Francisco, Cali- thing attended to. fornia· · Mr. MITCHELL. I also give notice that I will join the Senator A bill (H. R. No. 2894) for the relief of J. E. Pankey, of Fulton from California every time he does it. I think it would be a case of County, Kentucky; self-stultification if the Senate should adjourn without taking action. A bill (H. R. No. 40~0) to provide for the payment of c·e rtain indebt- Mr. HAMLli'{. I will join the Senators and make a trio in that. edness incurred in the construction of the New York court-house and Now I renew my motion. post-office building ; and · The PRESIDENT pro tempore. ·w hat is the motion f A bill (S. No. 84) extending the time for tl1o redemption oQf lands Mr. HAMLIN. Tllat the Senate take a recess from half past five held by the United States undf?r the severalactB levyingdirect·ta:xe8, to half past seven o'clock to day. and for other purposes. Several SENATORS. Say five. Mr. HAMLIN. Well, fr<;>m five to half past seven o'clock. DISTRICT GOVERNMENT. Mr. ALLISON. I ask the Senator from Maine to yield to me. I Mr. SPENCER. I move that the Senate proceed tn the considera- think if we liave a session to-night it may be possible to report the tion of the joint resolution (H. R. No. 100) providing a commission to le(J'islative bill from the conference committee. frame a permanent form of government for the District of Columbia, Mr. HAMLIN. Then we shall consider possibilities. This general and other purposes. discussion is regarded of more importance than your post-route by.I, The joint resolution was read. · and I do not know but that it shonl'e of an election of the Peabody educational fund that in all the States south sa.ve and in which the rulers of the country are to be changed that these out- except alone the States of South Carolina, Louisiana, and Florida, rages come to the public mind and communities are stirred to their very their school systems are being properly managed and cared for. while depths by accURations, uy tergiversations, by charges of riot and in those States the report states that they are not being properly man- bloodshed and of wrong and injury f Why is it that peace and order aged, that they are not being cared for. The report of Mr. Stearns, and the administration oi tile law, the vindication of the majesty of the general agent, is as follows: the law, a.re found in all the reconstructed States comrolled, governed, The report shows the general flourishing condition of public schools in the South- a~d ~ecred by democrats, while from those alone in which some ern States, except in the three States of Florida, South Carolina, and LouisiAna. other power is in eontrol do we find these reports of outrages, of gaveGeorge Mr. Peabudy Russell, who has been spendin~ the last winter in the South, it as his opinion that nothing could be expectea from. these States in the way brokelllaw, of riot, and of bloodshed f of advancing their educational mteresta until there was a change in their State Mr. EATON. Will·my friend from Pennsylvania. yield to me for a. governments. moment! · Mr. WALLACE. Certainly. Here is an answer to the educational argument of Senators, and Mr. EATON. I have just received a dispatch which I desire to you find this answer everywhere in the democratic South. The read in this connection. I had the pleasure yesrerday to say here on charge of the Senat.or who was la~t upon the floor in this regard may the floor of the Senate that the election in Alabama had ueen carried be placed side by side with the report of the general agent of a non- on with absolute fairness. The Senator from Alabama [Mr. SPENCER] partisan independent educational fund, and let the people judge be- avowed that there had ueen intimidation. Doubtless he believed it ; tween them. I did not, and I 86 expressed myself. I have just received this tele- recognize This is a political discussion. It has degenerated into such. We gram, which I desire to read: it; it is declared to be such by our brethren on the other :MONTGOMERY, August 9. side. We have already had extracts from the letter of acceptance of Senator W. W. EATON: Mr. Tilden; let me read another brief extract. Alabama thanks you for your generous defense of hf:'r in the Senate yesterday. Speaking of the South and the negroes, be says: The election was conducted throughout the State with absolute fau·ness and with· But., in aid of a result so beneficent, the moral influence of every good citizen, as out the slightest disturbance or com. plaint of intim.idation that we have heard. The well as every governmental authority, ought to be exerted, not alone to maintain democrats have el~cted their State tipket by over forty thouJ~and majority, and at their just equality before the law, but likewise to establish a cordial fraternity and least four-fifths of both branches of the Legislature. Negroes in large numbers good.will among citizens, whatever their race or color, who are now united in the voted with us. one destiny of a com.m.on self-governm.ent. W. D. GRAHAM, Chairman Democratw State Committee. Place this declaration side by 8ide with the concluding paragraph lfr. SPENCER. Will the Senator from Pennsylvania. allow me a of the report of the Senator from Massachusetts [Mr. BOUTWELL] on moment f I desire to st.ate, in answer to the dispatch read by the Mississippi, which reads thus: Senator from Connecticut, that the majority in Alabama is very large 3. The constitutional guarantee of a republican form of governm.ent to every State will require the United States, if these disorders increase or oven continue and that on Monday last large republican counties, for instance the and all milder measures shall prove ineffectual, to remand the State to a territorial county of Greene, which has, ever since t.he republican party was condition and through a system. of public education and kindred means of improve· formed, gi \'en over 2,000 majority, voted the democratic ticket; that the ment change the ideas of the inhabitants and reconstruct the government upon a county of Sumter, which has a republican majority of 2,000 in it, voted republican basis. the democratic ticket; that the county of Marengo, which has a. re- Follow this with the argument of the cool, clear-beaded Senator publican majority of 2,000, voted the democratic ticket. Those conn- from Vermont made on this question, in which he looks to reconstruct- tie& voted the democratic ticket simply because the colored people ing reconstruction, and then I ask Senators on whose side will those 1876. CONGRESSIONAL RECORD-SENATE. 5359 who love peace and order, who believe in the stability of government selected under a non-part.isan jury law; and I believe that six men and in honest payment of the public debt, be fonml f Senators who have been convicted of murder in the first degree. These crimes are occupy the vantage ground ?f leadership, as do these Se~ators,.do now being drawn to the light; the prosecutions are being pressed; not deliberately conclude the1r State papers or make their stndted these men are being driven to the wall; terrorism is ceasiug and law addresses without a purpose to execute the conclusions at which t~ey and order is about to prevail in that St.ate in which law and oruer arrive. Sir, is it to be questioned whether the order and l::!.w lovmg oriO'inated, 0 for from Penn and his followers and their theories came people of the North, nay more, sir, the capital of the North, will not the system of law and obedien0e to CO!lstituted authority that now scan these ueclarations with the closest scrutiny Y I mistake much governs this country. From that Commonwealth more than from their temper if this programme be ~ot the tocsin of danger, the :t;tre- any ot.her in the country proceeded recognition of law, of orderly bell in the night, to arouse that capital and those people to the JUst methods, and of peace; and it is my pride to say that the people of apprehension of what the entertainment is to which they are invi~ed. that great Commonwealth will immediately, if not through regular But sir, this is not all. One of your most pronounced partisan channels at least by some power, coerce order, vindicate law, punish 11ape~ but yesterday denounced in unmeasured terms t?is programme crime, and permit no further outrages upon its peace. in emphatic and decided language. The New York Tm.~.es of y~ster­ I also read in reply to what has.been said on this subject what was day, the mouth-piece of. the capital'of t~e city of New York on the said to the jury in the trial of one of these men· in the county of republican side, emphatically denounces It. Schuylkill by the gentleman to whom I have alluded, the counsel for It says: the Commonwealth. I read from the argument of He had yonrlast pardon." Then weconlil say to John Sla~­ majQrity for the time being the local administration be no& "npon a republican tery who was almost elected jullcre of this court, "We 1.l!ow that of you, that It basis." wer~ hett~r vou hall not been born than that it shonhl be known." Then all of us looked up. ·Then, at last. we were free, and I c.a.me to this county and walked Now, sir, if it shall be, aa I saiy been brought here by the Senator from Ohio and my colleague; and recorolmncs, most "o f them matt~rs of 110 possible mo- That i8 what Senators said in regard to this document, and yet the ment. which can be of no interest to any mortal man, woman, or child. I think it table is printed. They discredit the source, they deny it-s truth, they would do great injustice to thousands of worthy men to print this document. Tho repudiate its statements; yet they order its results to be printed and Secretary of the Treasury in the letter read says he bas commenced fr;>m the time the preserved, a.ml it is usetl as a campaign document. They make cam- l:~.~~t report was made in i830. There may have been some general statements malle in the mean time, but nothing like the detail here. These paper!! were shown to rue. paign speeches upon it. They quote it as true, and they calculaf,e re- As a matter of course, the Secretary of tb9 Treasury fult bound to go back and do sults from it. \Vhat becomes of political fairness if such proceed- t.hie work. Here [exhibiting) are some of the tables sent here-great, long tables. ings as these are to be countenanceu by the Sena.te 7 What becomes There are general results from these tables that are shown also iu the tabular of the verity, the truthfulness of the record of t.he Senate if statQ- ~ta.tements that accompany the letter of the Secreta.ry of the 'l'real!ury. I luwe no objection to printing this document except ou acoount of the great cost that will be ments of this kind are to be printed and filed with our records to re- invoh·etl and the unfairness and injustice that will be done to innocent people now main there as official documents from the Treasury Dep:trtment f in thgir grave8. · The basis of this sta.tement was bad, the stmcture unsound, and the Mr. President, these tables show that mo1:1t of the persons named as defaulting officers were men in tho militat-y, naval. and cidl service of the United States, who results it produces arc utterly and absolutely unreliable. Tbe state- are now dead. The names of their sureties are gi\·en l10re, many of whom are ment is incorrect in every pa.rticular; the losses are not truthfully dead; the amounts range from $1 up to $100,000. St:andalR without number all stated, and necessarily the conclusions are not correct ; and yet tbe over this broad country of ours will be published to tho world without any good Smmtor from Indiana prints the statement and relies upon it. A whatever if we print tllis document. It gives the accounts of e>ery officer of the Government from 1830 to this time. I notice many cases of tbis class. Dnring the lca.der of the House-l dare not refer to what is said in the House; Imlirm wars, aml during our recent civil war, "' soldier may lta>o bMR killed in bnt in the RECORD of Sunday I find a apeech that also relies upon battle who was charged with a lot of mu8kcts, antl against his account .,hey all this and quotes it in eitenso, to a figure, administration by administra- stand in thQ balance charged to him, while it was statetl that he was killed in bat- tion, the ratio of losses fixed by this most veracious document. It is tle, &.c. Consuls have died abroad and it has been impossible to settle their ac- count.\!, and yet balances are charged at the Treasury Department against the quoted by the republican leader of the House, not by bim alone, but consul. Honorable men, men of the highest tm~k in tho public service, men of the another prominent republican gentleman of the House in his speech greatest distinction iu this country, have little balances charged arrainst them, and also quotes and relies on it. · they woulcl now bo published in tho list of defaulters. 'rhere may ~1nve been uoth· It is for ns to test this statement by known facts, ascertain whether ini due from them, but if there were some little discrepancy in their acoounts they are still unbalanced. Such a list woultl injure ~eatly tho reputation of honorable it is true, disco\er for ourselves whether it can be relietl upon, learu officers in the civil, military, and naval service, if published, although tbev are whether this is the kind of budget to be given to an intelligent people on little matters, sometimes amounting to but a few dollars. w the eve of a great politica.l contest by the Senate of the United States The officer to whom I have referred calletl my attention to the fact that while from which tbe people are to make up a verdict which is to cont.Eol the Department was obeying:tSimJ?le, plain duty, no one pretended that this money 'l88 due by tLese people; and yet 1t is charged on the books of tho Treasury De- their destinies for four years. Let us examine it by the tests of the partment Boll a. claim against them, but it never woulll be and never oould be set- record; let us examine it by printed documents; let us test its truth tled. by tha.t which cannot be gainsaid, and if we find that not only have On the objection of the Senator from Ohio this voluminous, this Senators here discredited it, but that on its face it bears falsehood, unreliable document was sent to the Committee on Printing. It then the cause that it attempts to serve must be baseless and b~d in- came back to the Senate on the 2ith of J nne with a report against deed. printing the document, but for printing the tabular statement that At the outset it may be said that it is of course difficult for those contains its results. 'rhe aggregate of the document was reported in who are in opposition to obtain the necessary a-ccess to records to get favor of, but the document itself was reported against. On that da.y the data on which to contradict a statement of this character. the Senator from Rhode Island [Mr. ANTHO~"'Y] saif tho value of real estate and the swelling of the the issue fought. We have had this in the speeches of the Seuatoi" value of thos~J"obligations under your system of legislation, and his from South Carolina, the Senator from Vermont, and the Senator wife and children are to be turned homeless upon the world. from Indiana. We ask you, is your administration cf the Govern- The enterprising man of business too, the man who is between capi- ment a cheap one f Let the increased expenses found in your an- tal and labor with his hand upon both, the scheming, active, ener- nual Treasury reports answer that question. Is your financial policy getic man, the middle class in this country, upon whom all of its a sound one V Let the condition of the business people of the country future depends, the live, energetic, business man with an intelliO'ent answer that question. Is your administration of the Government an brain, a. cunnin~ hand, and an industrious body, this man ha~ing honest one f Let the records of the past seven years and the belief in but a small cap1tal, hires money from the capitalists to conduct his the minds of the people themselves answer that question. business, and be, too, nuder the operations of this syst,em sees. himself Mr. SHERMAN. M1·. President, before I proceed with what I in- unable to meet that which he bas agreed to pay, and he, too, must go tended to say to-night, I wish to refer very briefly to one or two points to the walJ. Property decreases in va.lue on every side. .Money a.ud made by the Senator from Pennsylvania., [Mr. WALLACE.] I express moneyed securities appreciate as tho threat continues; men grow sus- my profound regret that the Senator has deemed it his duty to II'i'l·k !} 5364 CONGRESSIONAL RECORD-SENATE. AUGUST 9, the closing paragraphs of his speech. His quiet, kind, and I may say icism; and in order that I may not do injustice, in order that I may gentle way with us led me to form the impression that he would not not exaggemte and go beyond the bounds of rea.son, be~rond the do injustice to any one, and especially would not arraign the President bounds of strict fact, I will have in the course of my remarks every of the United States and men high in authority on nameless charges paragraph of this platform and all that is material in the letter of and innuendoes. And now he says he makes no charge. He makes in- Governor Tilden which bears on our currency and our public debt nuendoes, he repeats the common garbage of the street, the same kind read to the Senate, and then I will test the promi~:~es and pretenses in of garbage that was published to defame the memory of Washington, this platform and in this letter by the actual facts and conduct of Jefferson, Madison, and would have driven any man but Jackson to the democratic party. · his grave, that haunted the life of every man who has had the mis- Sir, neither an individual nor a party is to be tested by what it fortune to be President of the United States. He makes no charge. promises. The greatest scoundrel that ever lived could outpromise He repeats these baseless innuendoes and then says, " come forward the most honest man t.hat ever lived. It is the conduct and acts of with your proofs and disprove them." Is that the way in which a a party, as well as the conduct and acts of an individual, that give man and an administration and a cause are to be tried here f I believe it character, and it is the acts and tendencies of the party that will my honorable friend from Pennsylvania will regret the closing para- lead the people of the United States to decide whether or not this graphs of his speech. The rest of the epeech is political. He says so party can be restored now safely to power, and not the mere empty himself, and it was political if to be political-is to be harsh and un- promises of a platform. My friend from Pennsylvania used one just; but he will find that it is not politic, because in politics'a man phrase that I thought was very well. He said the republican party must never exaggerate; he must lay down the line and plummet and was in the grooves, in the ruts; it was impelled by party necessity. pursue the mark of unbending truth. I want to show what have been the grooves and the ruts and the Now, Mr. President, there were two statements made by the Sen- party necessities of the democratic party by sober facts and figures; ·ator from Pennsylvania that shocked me at once. He says that the and, in order that I may not seek to go back and blacken the demo- republican party and my friend from Indiana, who is not here, put cratic party by what occmred during the war, I intend to confine upon your record a statement that was not signed, that had no mark myself mainly to that which relates to our currency and to our debt, of official authority, that was published to the world, and is false. and to &how you here upon the record what has been the course of If I understood him correctly, that was the charge. Now upon the the democratic party upon the very topics embraced in the financial :files of the Secretary, when he spoke and when the Senator h·om promises of this platform. Indiana [Mr. MORTON] oftered a printed statement showing the per- Mr. President, what is this platform f The first paragraph which centage of losses by defalcations during all the Administrations since relat.es to the subject now before us is a very brief one. It is in 1834, there is and was an official document which accompanied the pursuance of the purpose which dictated this party platform of sound- statements called for, and among which was the table read by the ing often and long the word" reform." After acquiescing in all the Senator from Indiana, and this document is signed "B. H. Bristow, great things we have done in the memorable disputes between the Secretary of the Treasury." I will read the closing paragraph. Af- republican and democratic parties, they demand reform, and they go ter calling attention to the long list furnished, he says : on to say: In reply I have to transinit herewith the statement.of balancee called for, also a Reform is necel!sary to establish a sound currency, restore the public credit, and recapitnlation showing the amount of such losses, also the amount of the receipts maintain the national honor. and disbuTSementa of the Government for the same period and the ratio of losses per ,1,000 to the aggregate received and disbursed, arranged as nearly as practica- "To establish a sound currency." Who established the present cur- ble in periods of four years each ; also a statement showing, a~ far as known to rency composed of United States notes and national-bank notes t this Department, the stocks held by the United States in trust or to secure moneys The republic.a n party, against the vote of nearly every democrat in paid; as called for by the terms of the resolution. both Houses of Congress. The United States notes were established There is his sign-manual, known I suppose to every Senator on by the act of February 2!'>, 1862, and bnt two democratic Senators this floor. This paper now belongs to the :files of the Senate, and I voted for it and they were wreathed with immortal honor from that produce it here. That recapitulation, as it is called, is a true state- moment. The national-bank act was passed here by a pretty close ment taken from the records of the Treasury Department, and it is vote, not a single democrat voting for it. AU our national-cunency fortified by names to the last cent ; and because we did not desire to laws were republican measures, pass~d against the vote of nearly print these names, which no doubt would do injury to many living every democrat, and it is coneedeidence which in eleven years of peace has taken from money due captors; collecting and drilling volunteers; pay of two the people in Federal taxes thirteen times the whole amount of the legal-tender and three year volunteers;· defending snits for seizures of abandol'ied notes and squamlered four times this sum in useless expense, without accumulating and captured properLy; various relief a-cts; payment to captors of any reserve for their redemption. rebel ram Albemarle; bounty for destruction of enemy's vessels; Here we have got the democrats on a fair simple question of arith- claims of loyal citizens for supplies furnished during the rebellion, metic. Now lot us test that question. Can I be mistaken that a and so on. Here is a formidable list that I will not repeat, because it grea,t party now seeking to be restored to power in this country could is coutained in ,the CONGRESSIONAL RECORD, which shows you the make a statement liko this if it is not true f elements upon which this computation is made. I find by the tables before me that the greenba~ks outstanding are I have also the statement of Mr. Wells, of the State of Connccticutt $369,619J2'28, and I find that thirteen times that is "'4,705,050,964. I who became specially expert in examining questions of revenue, and baye here a statement of tbe aggregate receipts from all sources- he states in one of his official reports-I think it was in 18G9-'70-tho not from ta:xes aloue, but from all sources-from customs, from in- cost of the war, and lle says that the payments made out ot the cur- terua.l revenue, f~om direct taxes, from premium on loans and sales rent Treasury even at that time were more than one-half the expen o of golcl coin. a11d ,m iscellaneous items, from the first -of July, 1865, of the National Government. I have taken none but what areueemed until the first of July, 1876, being a. period of eleven years, was to be proper items to make np- this sum of 452,424,04t!, and I have $4,192,633,801. This sum includes premium on loans and sales of the details here by years, giving the amount each year, which I w1U gold, which ought not to be considerered because it is not part of t-he embody in my remarks, showing the amounts of such nudisputeu wal revenue, for it is largely used and balanced by premium on bonds claims as were paid out of the current receipts of the Treasury: 1876. CONGRESSIONAL RECORD-SEN.A~TE. 5367 War expenditures from July 1,1865, to July 1, 1876. tion. We have also retired $12,380,772 of United Sta"t.es notes whicu are paid and canceled, not hereafter to be redeemed in coin. We have also provided for the actual redemption and cancellation of the whole amount of the fractional currency which is now being snpcr- Year. Pensions. Interest on pub- ceded by silver coin of the old standard and weight. Thus much has lic debt. already been accomplished. It is only a year and a half since the act wa~ passed, and we have already retired over $41,000,000 of currency; we have provided for the ·retirement of $45,000,000 of fractional cur- rency; and we are now this moment at resumption in silver coin, the 1866 .......................... .. $15, 605, 352 35 $13.1, 067, 741 69 $165, 370, 809 83 ancient coins of the United States. 1867 •••••• •••••••• •••••• .••.•••. 20, 936, '551 71 143, 781, 591 91 51, 595, 174 85 I will now read the jeremiad of. Governor Tilden over this resump- 1868 ................ ........... . 23, 782, 386 78 140, 424, 045 71 64, 084, 439 85 1869 ............ . .............. . 28, 476, 621 78 130, 6g4, 242 80 36,162, .628 49 tion act: 1870 ........................... . 28, 340, 202 17 129, ~:15, 498 00 29, 764, 704 08 The act of Congress of the 14th of January, 1875, enMted that on and after the 1871 .......................... . 34, 443, 894 88 125, 576, 565 93 15, 52-:!, 67() 46 1st of January, 1879, the Secretary of the Treasury shall redeem in coin t-ho lcgaJ. 1872 ........................... . 28, 533, 402, 76 117, 357, 839 72 22, 007, 124 94 t~nder notes of the United States on presentation at the offi.co of tho Assistant 1873 ........................... . 29,359,426 86 104, 750, 688 44 23, 152, 300 51 Treasurer in the city of .New York: It authorizes the Secretary to prepare and 1874 ........................... . 29,033, 414 66 Hi7, 119, 815 21 18, 012, 900 63 provide for such resumption of speme payment:i by tho use of any surplus revenue 1875 ........................... . 2!), 456, 216 22 lO:l, 093, 544 57 15, 332, 273 96 not otherwise appropriated, and by issuing, in his discretion, certain classes of 1876 .......................... .. 28,257,395 69 100, 243, 271 23 12, 419, 012 31 bonds. More than one and a half of the four years have passed. Oongress and the P·resident havB continued ever since to unite in acts which have legislared out of exist- Total............ .. • . . .. .. 2!16, 229, 865 86 1, 335, 344, 845 21 4~. 424, 048 91 ence t:verrJ pos&ible surplus applicable to this purpose. Here is a severe arraignment of somebody for not passing actS in War expenditUres .............................................. i2, 054,998,759 98 aid of resumption since the 14th day of January, 1875. That is tha PiincipaJ. of public debt paid during eleven years above . • • . . • • . 500, 252, E02 59 complaint made by Governor Tilden against Congress and the Presi- Total.............. . .. .. • • • • • .. .. • .. . .. .. .. .. . .. • . • . .. • . .. 2, 585, 251, 562 57 dent. The republican party confess that they made the law provid- ing for resumption of fractional currency, providing for the gradual What is the aggregate of these items t--$2,585,251,562.57. Besides retirement of greenbacks and bank-notes, but we have not provided those that I have deducted, I have left as still to bo paid out. of the the means of resumption! It is sufficient to say that, if Governor ordinary run of the Treasury many claims that ought manifestly to Tilden had read that resumption act through, he would have fonnd be charged to war claims. Almost every branch of expenditure was there the most ampJe means furnished by the act itself to the Secre- largely swollen as the unavoidable result of the war: the vastly in- tary of the Treasury to bring about and maintain resumption at the creased expense of collecting this large revenue, the enormous in- time named. He has the whole power of the Treasury of the United crease of our judiciary fund growing out of disturbances the direct States and all the credit of the Government, the power to issue any result of the war, aml various other items about which there may of three classes of bonds. But, .w aiving that, suppose there were de- be some dispute. I have only taken those that are undisputed; and fects in that resumption act, and its only defect that I lmow of was what is left t When we deduct these $2,5C!5,251,562 from the $4,192,- that it did not contain specific measures and directions to the Secre- 000,000 of gross receipts there is a balance of $1,607,000,000 to pay all tary as to the mode and manner of resumption ancl as to the means the expenses of the Government for eleven years, Army and Navy, to resume; that defect I pointed out when the bill wa-s introduced, Congress and the civil list, judiciary and foreign intercourse, all the aml I also stated that if the resumption act was defective in this re- multiplied operations of the Government, including the purchase of spect Congress would be in session every year aml it was to be pre- Alaska, including the innumerable items that have tended to swell sumed that Congress would provide any additional legislation neces· the expenditures since the close of the war· and yet they tell us we sary to accomplish the ·end in view. That was known to everybody, have squandered $1,478,000,000 out of the $1,607,000,000. That is a and now Governor Tilden denounces Congress and the President in simple sum in arithmetic. That is the ba-sis of gross error upon which these unmeasured terms : this Saint Louis platform rests; and I say that, while a great deal is excused in political warfare, the man who framed that plank in your More than one and a half of the four years have passed. Congress and the Pres· ident have continued ever since to unite in acts which have legislated out of exist- platform ought to be called to an account by you for a vast fabric of ence every possible surplus applicable to this purpose. demonstrated falsehood. But, sir, that is the plank that will be rung upon on all the stumps What has the President done f It is the PresiUont that is arraigned. of this country. We are charged with squandering nearly all the That act was passed on the 15t.h of January, 1875. Congress ad- money that is left after paying the undoubted war claims out of journed on the 4th of March, 1875. On the 4th of March, the repub- $1,607,000,000 out of which the expenses of the Government were paid, lica-n party lost its power over Congress, much to the regret I believe and I have no doubt very large sums, perhap~:~ three hundred millions of the people of the United States. From that time on there is other or more of t.his sum of sixteen hundred and seven millions, were ex- responsibility than ours for the acts of Congress. If it was necessary penditures directly traceable to the war. But let us pass from that. to pass ancillary legislation in aid of resumption, Congress must pass There was one rather strange spectacle presented by that Saint it. What has the President done f The President in his annual mes- Louis convention, considerin~ its composition, considering t~e men sage to Congress expressly called attention to the fact that the proper who controlled it and ruled Its counsels. They arrai~n the republi- means were not pointed out by this act and called upon Congress to can party bec3.use we have honestly paid our debt, prmcipal and in- give him the means. Here is the annual message of President Grant terest, and paid enormous claims in the South, amounting to over last December, now nine months ago. The President in his annual 100,000,000, and several hundred millions in bounties and back-pay message recommends- to our soldiers; and when we have done that, to find the men who That the Secretary of the Treasury be authorized to redeem say, not to exceed $2,000,000 monthly of leWlol-tender notes, by issuing in their stead a. long bond, bear- composed the Saint Louis convention, largely composed of the lead- ing interest at the rate of 3.65 per cent. per annum, of denominations ranging from ers of the rebellion, criticising us for squandering the public money $50 to 1,000 each. This would in time reduce the legal-tender notes to a volume it seems to me is rather a strange and novel spectacle; but we are ac- that could be kept afloat without demanding redemption in large 1:1wns suddenly. customed to such novelties now. . Third. That additional power be given to the Secretary of the Treasury to accumulate gold for final redemption, either by increasing revenue, curtailing ex- But let us take the next plank in this platform: penses, or both-it is preferable to do both; and I recommend that reduction of We denounce the financial imbecility and immorality of that party which during expenditures be made wherever it can be done without impairing Gi>vernment ob- eleven years of peace has made no advance toward resumption and no preparation ligations or crippling the due execution thereof. . for resumption, but instead has obstructed resumption by wastin~ our resources and exhausting all our surplus income, and while annually professmg to intend a General Grant recommended this Congress to do precisely what speedy return to specie payments has annually enacted fresh hinderances thereto. Governor Tilden says they have not done. They a.asail General Grant As such a hinderance, we denounce the resumption clause of the act of 1875, and we every day of their lives with the vilest calumny-a man who carried here demand its repeal. · banner through its danger in battle, whose life is distinguished our Mr. President, I think the philosophy of political management in by heroism, and whose name will be remembered with honor and making a platform has exhausted itself in that plank. It is founded veneration long after all of us ha. ve disappeared fr.om the memory of upon the false pretense that the democratic party ever favored re- time. He is arraigned as Washington WaB arraigned, like a common sumption. I think I have sufficiently shown that. Then it goes on and criminal; but this thing that he asked this Congress to do, this House to denounces us for hindering resumption, for annually enacting fresh do, is what Governor Tilden says now ought to be done. Governor hinderances, or 38 devising such a hinderance as the fixing of a day Tilden yet has the heart to arraign General Grant, and General Grant for resumption. This is the logic of this plank: "We, who were always recommended 38 President· precisely what Tilden says he would in favor of resumption, charge you with always hindering resump- recommend. I will show you that Tilden in his letter has only quoted tion and passing annual acta to prevent it." Governor Tilden, in his the identical recommendations of Grant almost word for word; that commentary, says we did it repeatedly to hinder resll.IIli)tion, "and we is, a funding bill and an accumulation of gold. And yet Governor completed the hinderance by pa-ssing the resumption act fixing a day Tilden, ~overnor of New York and President that would be, arraigns for resumption." That resumption act I now say in the face of the the President for doing exactly what he ad vises should be done. The American people baa resulted much more favorably than I had hoped. Secretary of the Trea~ury also fortifies the recommendation of the I introduced it with fear and dou.bt, believing that it was not power- President by aaking that- ful enough to accomplish the good that it has done. Let us look at Authority be iiven for funding legal-tender notes into bonds be~g a low rate it. Under the operations of the resumption act we have retired 29,- of interest. . 200,000 of bank-notes by the voluntary... action of the banks, merely Thore is what the President and his chief executive officer have n their effort, each for itself, to strengthen itself in view of resump- done ; and yet Governor Tilden arraigns them {or doing ~t and ~ays_ 5368 CON.GR.ESSIONAL· RECORD-HOUSE. AUGUST 9, Congress and the President have continued ever since to unite in act8 ~on, ~d the ~bjection to ~hat date is a hinderance to resumption, and the construe. to prevent resumptio?· If Congress bas done it, who is responsiblef tion.will be g1ven, and Wl~h some dej!reo of plausibility at ]eagt, that the demo- Is the ~enate responsible 1 We sent to the House a bill that would cratic party want resllDlption earlier than the day fixed. (Applause.) have lowered your rate of interest on the large mass of the public Such was the statement made by General Ewing at the time. Hear debt 1t per cent. per annum. What attention did they pay to itT the answer of Mr. Dorsheimer: None whatever. What bill have they introduced to carry out the Mr. DORSHEDmB. I d? not. propose to speak upon this matter at length. I pro- recommendation of General Grant or Governor Tilden f Where is the pose J;Iere to make a straight 1ssoe between soft and hard money. · [T'rememlous act introdt;ICed in the J:Iouse of Representatives t? accumulate gold cheenng.) By that we ~t.and or fall. [Cheers.) If yon want soft money gi.V'e or to provide for fundrng7 None; and now I will tell you why it your yotes to tl~e resolution offered by the most distingoisheu soft. money ~dvo­ ca.te m the Uruted St.ates. [Cheers and hisses.) Bot if you want to le:t>e to was not done in the Senate. It was because we knew it would tend the hard-money J?len some chance. to carry thei1· State, then stand by tho re- to prevent the introduction of such a bill in the House. I say that port of th~comnnttee, [cheers,] whwh was a compromise so great thnt n. protest such a bill funding United States notes int.o a4 per cent. coin bond was has been ~1gned by every ono of the ens tern democratic States, and to wbich I have not reported, such a one as we reported in the Senate in 1870, because pot m~ s1g!latore. [Chee~s. I Here is a milldle gronnd which does leavo some hop~; out if you declare, u;t the language of the gentleman from Ohio, [Gener:\1 we believed the passage of it in the Senate might tend to defeat it in Ewmg,) for a repeal forthWith, then abandon all your hopes. [Cheers.) ~be ~ouse. We could fairly infer tlJis, because our passage of a fund- mg btll to redeem 6 per cent. bonus with 4t bonds by a unanimous No one can read this debate that occurred in the Saint Louis con- vote was ignored by the House. I can tell my friend from Delaware vention without perceiving at once that this la t clause was a trick that I couM convince him that we were just.ifi.ed in that belief. a d~vice, w:ith a double meaning, intended to be nsed in tlifl'erent sectwn~ With that double meaning. In Ohio and in the \Vestern Mr. BAYARD. Every man must act on his own responsibility. Mr. SHERMAN. Governor Tilden anaigns.Congress for not in- States It would be held.that the rep~a~ of the resumption clause was ~repeal of th~ resumptwn act, and It 18 alrea~y being so done, while troducing a bill to provide for funding. He arraigns his own party. One would Ruppose, in reading this letter of his, that he was arraign- m Ne~ York It ~ould be held that the repeal of the resumption clause ing the republicans. Sir, the power has passed from us to the other wa-s smrply to w1pe out of the way a hinderance to resumption, so 1,hat House. We had power in Congress for only six weeks after the resumptwn could come sooner; and this double-dealing is plainly resn~ptiou act passed, and the democratic House bas had the power shown by the phraseology of the pl:l.nk itself and by the debate that for mue months to pass such an act, and yet Governor Tilden arraigns occurred there. Mr. Dorsheimer said: "We have given you all we t~e President for doing what be advises, and in so doing he arraigns ca.n or dare do, and ~ve have adopt-ed this phraseology as a compro- h1s own party, the uemocratic House, for not introducing such a mise and ~here ~e w11l stand." ~eneral. Ewing might put his own proposition as he promises, as he favors, or says he favors. Thus we constructiOn on It and :Mr. Dorsheuner nnght put his and this i the have t.he actual fact of a democratic House, representing the demo- thimble-rigging manipulation in the presence of th~ people of the cratic masses, showing what they intend to do when they have the United States on a. question that so deeply affects them· we know foil power of this Government, and the mere empty, bald, scolding that will be the result. Governor Tilden's letter the whdle tenor of wor~ of the presid~ntial candida.te, chosen ~y that party, as to what it, shows a careful balancing of words. He conned and parsed over for he w:-n trJ:' to do If Congress wtll .allow h1m to do it. Why, Mr. more than a month words that when you read them one way mean so, and when you read them another way mean otherwise. It was President, It does seem to me that It presents the candidate for the ca~efully studied. Trained as he is in the school of Mr. Van Buren, Presidency on the democratic ticket in a very awkward position arraigning his own democratic associates. ' or m the school o! that greater statesman, Talleyrand, who believed I wish now, Mr. President, to call your aUention specially to the last that wo~ds were mvented to conceal thoughts, the language is care- paragraph o~ this pl~nk in f.he democratic platform, which I charge fully weighed and framed so that it. will read well in Indiana and he!e and whiC~ I wtll J?OW prove was an. afterthought .inserted in well in New York, bea.ring a different interpretation wherever it is this plan.k.agam~t t.b~ wislJes of GovernorT1lden; against his desire- read, according to the humor and whim of the man who reads it. But as a poh.tiCal tnck mtendrd to carry an election; that he was op- Governor Hendricks states distinctly in a letter which was pub- posed to It, and yet he devotes nearly one-half of his written letter lished why ~e wants the resumption clause repea1ecl by the House of m -t:r"Ying to convince somebody that tixing a day for resumption was Representatives. He wrote to a Representative in Washington that a. hmderance to resumption. I have read in the Star this evenincr a "a repeal of the resumption clause in almost any form will elect the little paragraph which paraphrases the letter of Governor Tild~n State ticket and carry the Indianapolis district." It was the election in ver.y well. It is the. logic of a bummer applying to his promises the Indiana and in the Indianapolis district which caosed the House after logtc of Governor Til(lcn as to the promises of the United States in eight month.s ?f weary study~ng and doubt to finally tremblingly send · the resumption act: to us a provLSIOn to repeal a smgle clause of the act, and now when you read the act without that clause it is very hard to tell what efi'ect "I have it," remarked an impecunious bummer on the Avenue Saturday pans· that action of the House if adopted would have upon the meaning ~gin~ p~rnsal of TilJen's letter., "I know how to make 'thoughtful m~n ' be· of the act. heve I m gomg to pay my debts. Ill take back my specific promises to pay 'em. That'll fix it. Why the d-1 didn't I think o' that~ These promises o' mine de· Mr. EDMUNDS. If the Senator will yield I move that the Senate s~y_a~ confidence runong thoughtful men, whose judgment will at last sway pub- adjourn. · · lic op1mon. .An attempt to act on such promises would be afresh calamity prolific ~ir. DA.VIS. I should like to ask a question before we adjourn. of confusion, distrust, and distress. Yes, sir; that's been my great financial fail. D1d I understand the Senator from Ohio to say that between June ore-a mak.in' promises." 30, 1865, and J nne 30, 1876, the reduction of the debt was $500 000 000! Mr. Tilden believe8 that the best way to keep a promise is to with- Mr. SHERMAN. Over 500,000,000. I have given the exact figures. draw it. These notes are outstanding now with a. law upon our stat- And then, on motion of Mr. EDMUNDS, (at ten o'clock and fifteen ute-book that yon will redeem them at a certain time. The best way minutes p. m.) the Senate adjourned. is to withdraw that promise! That is his logic; and this, in order to secure confidence, not for the note but for the maker of the note the man who withdraws the promise! ' I proceed t{) show you, :Mr. President, by a reference · to the pro- ceedings of. the convention in Saint Louis, that when the friends of HOUSE OF REPRESENTATIVES. Governor Tllden went there they went determined to carry the plank that was read to you without the last clause which demands the re- WEDNESDAY, .Aug·ust 9, 1876. peal of the da.y fixed for resumption; but in the committee on reso- lutions this ~a.rtic.ula:r paragraph was added by the vote of those who The House met at twelve o'clock m. Prayer by the Oh:1plain, Rev. were called mflatwmsts. That clause was added against the remon- 1. L. TOWNSE:ND. strance of those who supported and favored the nomination of Gov- The Journal of yesterday was read and approved. ernor Tilden. Afterward when this resolution as I have re1}.d it to you PARTITION OF REAL ESTATE IN THE DISTRICT. w~s report~~ to the convention 9eneral ~wing, of Ohio, dissatisfied w1th the dismgenuonsness of this plank m the platform, seeing how Mr. LAWRENCE. I ask unanimous consent to take from the totally ridiculous it left the Ohio democra.ts who the year before de- Speaker's table the bill (H. R. No. 3168) relating to partition of real manded more paper money and opposed all plans for resumption estate in the District of Columbia, with an amendment by the Sen- ~is~d upon striking ?~t this lllank that has been read to you and ate, for the purpose of moving that the House non-concur in the Sen- msertm~ another proVLsiOn, and I will now read from the New York ate amendment and ask a committee of conference. Wold what occurred : There was no objection, and the bill was taken from the Speaker's table. ?eneral Thomas E":'ingt of Ohio, nt the request of several members of the oom- Mr. LAWRENCE. I move that the House non-concur in the Sen- ruitteP, p'l'esented a. mmor1ty reJ?Ort as to one phrase of the platform as follows: "Thnt the following clause m the resolutions be stricken out:'' As such hin· ate amendment and ask a committee of conference. ~erancc we denounce the resumption clause of the act of 1875, and we here demand The motion wa.a agreed to. Its repeal.' " .Mr: EWING. ~desire to briefly state the objections to the clause which we pro. PACIFIC MAIL STEAMSHIP COMPANY pose to have stnc~en out: .It denotmces one c~ause only of the specie-resumption . . · law, the clause fiXJng the time for the resumption of specie payments leaving the :Mr. WAD DELL. I destre to renew the motion I made yesterday. rest ~f tb~ act to stand onobjected to. ~n~, by implication, approving it. Bot why I ask unanimous consent to take from the Speaker's table and put on does 1t ob,J~ct to.the claosel Becaose1t 18 destroying the business of the country its passaO'O 0 the bill (S. No. 1021) allowin_nk he will assent to it. ought to stand. The SPEAKER pro tempore. Is there objection to the reading of Mr. RANDALL. That very exception might recognize the exist- the amendment proposed by the gentleman from New York, [Mr. ence of a claim. LAPHAM f) :Mr. GARFIELD. I hope the House will not strike out those words. Mr. WADDELL. Yes, sir; I object. If you strike them out, you will by exception recognize the claim. The bill was ordered to a third reading; and it was accordingly Mr. RANDALL. I am very timitl about legislation in reference· to read the third time, and passed. · these steamship companies, and particularly this one. Mr. LUTTRELL moved to reconsider the vote by which the bill was Mr. WADDELL. That is what made us try to guard this bill in passed; and also moved that the motion to reconsider be laid on the the way we have done. table. Mr. TOWNSEND, of Pennsylvania. I would suggest that the fol- The latter motion was agreed to. lowing be inserted in place of the part proposed to be stricken out: Mr. GARFIELD. I call for the regular order. Pravided, however, That nothin~ in this act shall be construed to deprive said Elfi>LOYMENT OF IXDIAN SCOUTS. comp~ny of its compensation for ocean-mail service under the conti-a.ct made by authority of an act of February 17, 1865. Mr. BANNING. I ask unanimous consent to take from the Speak- That will make everything clear. er's table the IJtll of the Senate concening the employment of Indian 5370 . CONGRESSIONAL RECORD-HOUSE . .AUGUST 9, scouts, which ought to be passed at this time. [Loud cries of "Regu- Mr. LORD. I am instructed by certain members of the Judiciary lar order."] Committee to present a minority report upon the same matter, which POST-OFFICE DEPARTl\IE~""T. I desire to have printed and recommitted, and also printed in the M1'. CLARK, of Missouri. I rise to a privileged question. I desire RECORD along with the majority report. to present to the House the report of the majority of the Committee Mr. HALE. Not to be brought back on a motion to reconsiderT on the Post-Office and Post-Roads in relation to their investigation Mr. WILSON, of Iowa.. What iij the object of having these re- of the affairs of that Departmont. I will state that the committee is ports printed in the REcoRDf If printed as a document we shall get authorized, as I understand, to report at any time, and that the mi- it from the document room. nority report is ready. Mr. LORD. We ask to have the reports printed in the RECORD The SPEAKER p1·o ternpo1·e. Was the committee authorized to re- because the Judiciary Committee think it ought to be done for the port at any timet purpose of getting the matter before Congress. Mr. CLARK, of Missouri. Yes, sir. . The SPEAKER pro tempore. Does the gentleman from Iowa ob- · The SPEAKER pro tempore. Then the Chair will receive the re- ject to the printing of the reports in the RECORD f p01ii. Mr. WILSON, of Iowa. I understand that under the order of the Mr. CONGER. Is this a matter of higher privilege than the mat- Honse they will be printed in document form and can he obtained ter before the House under the call for the regular orderf We are by us from the docnment room. acting now on a question of privilege. Mr. HOAU. My friend from Iowa will remember that any member The SPEAKER p?'O tempore. The Chair thinks that this matter.is by calling for the reading of these reports can have them printed in of higher privilege. the RECORD; and the making of this order without the reading Mr. CLARK, of Missouri. I will state that this matter will only saves time. occupy a moment. I move that the report be printed and laid upon Mr. WILSON, of Iowa. 1\fy object was to ascertain the reason for the table, aud yield to the gentleman from Illinois [Mr. CANNON] asking the printing in the RECORD. to present the views of the minority of the committee. Mr. BANKS. I will tell the gentleman. If the report be printed 1!r. CANNON, of Illinoit!. I present the viows of the minority row. in the RECORD, it will appear at once and can be.read by us to-mor- with tho satne request that has been made by the chairman of the If printed merely in document form, it may be two weeks be- committee. fore we get it, and not one man in fifty will see it in that form. The report of the majority of the committee and the views of the House Mr. FRYE. And it is a subject which when it corues before the minority were ordered to be printed aud laid upon the table. will undoubtedly provoke very extensive discussion. Mr. CANNON, of Illinois. I desire to have it understood that these The SPEAKER pro tempore. If no objection be made these reports reports are not to be brought back by a motion to reconsider. will be ord.ered to be printed and recommitted, not to be brought The SPEAKER pro tempore. No motion to reconsider has been back on a motion to reconsider, and also to be priuted in the RECORD. There was no objection. entered. The reports are as follows : Mr. CANNON, of Dlinois. No, but I ask that the order be made by unanimous consent that the matter shall not be brought back by a mony The Committee on the Judiciary, to whom were referred tho papers and testi- taken by the Committee of Ways and Means of the Forty-third Congress, with motion to reconsider. instructions to inquire what action should bo taken by the ·noose in reference to Mr. RANDALL. Is there any matter for the action of the Honse the persons now members ot this House charged with complicity in the alleged cor- connected with the report f rupt us~ of money to procure the passa~t:l of an act providing for an auditionalsub- Mr. CA.l'lliON, of Illinois. There is none at all. sidy in the China. mail-service during tho Forty-second Congress and with giving false testimony in relation thorew before the Committee of Ways and Means of the There was no objection, and the order was made. Forty-third Congress. haYo considered the so.mo, and report: That the Committee of Ways and Means of the Forty-third Congress, after a ANNIE GIBSON YATES. thorough investigation of tho charge that a large sum of money wa-s used to secure the pa11sage through Con~re.ss of an increased ammal appropriation to the Pacific Mr. BA.GBY. I report from the Committee on Invalid Pensions, .Mail Steamship Company, in tho nature of a. subsidy, report. among other thiDI!S: wbich was authorized to report upon this subject at any time, t.he "The results of the e\i•lenoe are that about !JOO.OOO was disbursed upon the allo- bill (H. R. No. 3964) granting a pension to Annie Gibson Yates. gat.ion that. it was used in aid of the passage of the act now under investigation; The bill was reaU, as follows : that about $563,000 appears t9 have been paid to the exclusive use of person!! hav. ing no official connecuon with such legislation ; and that tho disposition of there· That the Secretary of the Interior be, and he is hereby, authorized and directed maining $335,000 remains in doubt upon the evidence presented, but without :my to pl:tco on the pension-roll, sub,ieot to the pro"V-isions and limitations of the pen· testimony showinJ! that it was a. reward paid to any person at that time a. member sion-la.ws, the name of Annie Gillson Yates. widow of George W. Yates, late a cap- of either House of Congress; and th:tt the uncertainty attending the disposition of tain in the United States Army, who was killed at the battle of the Little Big Horn this latter sum is owing to the refu!lal of WILLIAM S. kL•w to test.i.fy the truth and on the 25th day of June, 1876, and pay her a. pension a.t the rate of $30 per month to the failure or refusal of JOB..."\ G. SCHUMAKER to present all the facts which the from and after the passage of this act. · committee believe it was in his power to give." The report was read. It states tl1at George W. Yates wa-s a capt.ain The committee report the following resolutions: in the service of the United States in the Seventh Regiment of Resolved, That a copy of tho testimony taken before the Committee ot Ways and Cavalry a.nd was killed in the battle with the Indians June 25, 1876, Means UJ;>On the question of a corrupt use of money to procure the passa~e of an leaving his widow, Anuie Gibson Yates, and three infant children act proVIding for an additional subsidy for the China mail-se1·vice be dehvored to surviving him; that he was killed in the service of the United States the Cl~rk of the IIouse of Representathes, to be by him laid before the House at the first session of the Forty-fourth Con_gress, to the end that they may make and in the line of duty. The committee therefore recommend the further inqniry and take due action upon the questions atfeotingWILUAM S. KING passage of the bill. and JOHN G. SCHUMAKEU, ancl further proceed therein as they sball tloom ju t. Mr. CONGER. My recollection is that this bill was recommitted Rest,lved, That the Clerk of this House transmit to t-he Unitecl States district with instructions to the committee to report the names of widows of attorney a copy of the evitlcnce takt•n before the Committee of Ways and Means upon the question of a coJTupt use of money to procure the passage of an a.ct pro- other soldiers who were killed in the same engagement. VIding for an additiond snb:ridy for tho China mail-service, with dnection to lav so Mr. BA.G BY. This bill for the relief of Mrs. Yates has no connec- much of the same as relates to the truth of the testimony d ven by WILLIAM S. KING tion with the bill to which the gentleman alludes. and .TOIL."\ G. SCHUMAKER, before the- gmndjury of said District, for anchact.i.on as the law seems to require. . Mr. CONGER. I am informed that the instructions in regard to Tho above resolutions wore anopted by the IIouse. and a. C'lpy of the evidence other persons interested in a measure of this kind related to another taken before the Committee of Ways antl Meaus upon the question of a. conupt · bill. I therefore make n9 objection to this. use of money t~ procure tho passage of an act provitling for an additional subsiuy The bill was ordered to be on grossed and read a third time; and for the China mail-service has IJeen transmitted to the United States district at- t{)rney for the District of Columbia lly the Clerk of tho House in accordance with being engrossed, it was accorclingly reacl the third time, and vassed. saitl resolution. Mr. BAGBY moved to reconsider the vote by which the bill was 1'he whole subject is properly before the court; the offenses charged are crimes passed and als(') moved that the mo)iiou. to reconsidf3r be laid on the by statute, and the Constitution provitles- table. "No p·erson shaH l.>e held to answer for an infamous crime unless on a. present· mentor indictment of a grancljury." The latter motion was agreed to. Your committee are of opinion that the Hous~ of Reprosentat.ives has no author- ity to take jurisdiction of ·violations of law or offenses comntitted a.)!ainst a pre- PASSAGE. OF PACIFIC MAIL SUBSIDY, vious Congress. This is purdy a. le_gislativo body, and entirely unsuited for the Mr. LYNDE. I rtse to make a privileged report under the instruc- trial of crimes. Tho fifth section of tho first article of the Constitution authorizes "each Ilonse may determine the rules of its proceedinf!S, pnni1:1h its members for dis- t.ions of t.he Committee on the Judiciary, w~ich I ask may be printed orderly behavior, ancl, with tho concun-ence of two-thirus, expel a member." This and recommitted, and also printed in the RECORD. power is evidently given ~o enable eaoh House to exercise i~ constitntional func- Mr. MILLS. Let it be understood that the report shall not be tion of legislation unobstructed. It cannot vost in Congress a jurisdiction to try a brought back on a motion to reconsider. · member for an offense committ-ed before his election; for SU<'·h offense a mem- ber, like any other citizen, is amenable to the courts alone. "Within four years A MEMBER. What is the subject of the report f after tho adoption of the first ten amendments to tho Constitution, Humphrey Mar- The SPEAKER pro te-mpore. The Clerk will read the introductory shall, a enakr of the United States from Kentucky, was charged by the Logisla.- paragraph of the report, which will show its subject. tnre of his St.a.te with the m·ime of porjUI·y, and the memolial was transmitted by t.be goYernor to the Senate for it-'! action. The committae to whom it wa.s refeiTod The Clerk read as follows: reporkd against thejn:is1liction of tho Senate, and say: The Committee on the Judiciary, to whom wore referred the papers and testi- "That in a case of this kintl no person can be held to answer for an infamous mony taken by the Committee of Ways and Means of the Forty-third Congress, crime P.nless on a presentment or indictment of a granu jury, an£1 that in all such with instructions to inquire what a{}tion should be taken by the Honse in reference prose.cntio.::ts the accused ouif(Tbt to be t.ried by an impartial jury of the Stato or dis· to tho -persons now members of tho House charged with complicity in the alleged trict wherein the crime sha ha.vo been committed. Until he is legally convicted, corrupt use of money to procure the passage of an act providing for an additional the principles of the Constitution and of the common law concur in presuming that subsiuy in tho China mail sen-ice dru·in~ theForty-so<>.ond Congress, and with givin~ he is innocent. -And they are also of opinion that as the Constitution does not give false to:~timony in relation thereto betoro the Committee of Wa.ys and Mt.tns of jurisdiction to the Senate, tho consent of t-he p,arty cannot give it, ahd that thoro- tho Forty-third Congress, have considered the same and repot't- fore the said memorial ought to be dismissed. ' 1H76. CONGRESSIONAL RECORD-HOUSE. 5371 This report wa~ adopted by a vote of lG to 7. This is the construction given to read to the minority of the committee, and their explanations accom- SSlhl section in tho first case presented to either House afte1· its adoption by vhe pany it. · stak>smon who framrd tho Constitution, and we think it an authority which should control tho case before tho committee. We know of no public interest which will Mr. HALE. Why, Mr. Speaker, it is not forty-eight hours since the uo vromott~£1 by fnrt.her investh·atilJn. Your cowmittee therefore recommend that resolution to which the gentleman refers was passed. the House lr:lYe thrse charges where they now are, in court, to be finally adjudi- Mr. SPRINGER. It is exactly forty-eight hours now. cated and disposed of without any interposition or further action of the House. Mr. HALE. Why, the resolution was adopted at five o'clock on last Monday evening. VIEWS OF THE MINORITY. Mr. RANDALL. I sug~cst if no member of the Committee on For- The undersigned members of th"e Judiciary Committ-ee, to whom was referred the ei~n Affairs objects, certamly it must be right. · . resolution of t.he 24t.h of January last, sot forth in the report of the maJority, re- Mr. SPRINGER. This is the unanimous report of the Committee l!pect:fi.llly repmt: on Foreign Affairs. . That the only qu estion now pr~>sontetl to the House is the question of jurisdic- ~Ir. HALE. It does not by any means follow. The resolution agreed tion, which question arises under the last clause of section 5 of article 1 of the Con- stitution: to the other night was adopted after full deliberation, and I do not "Each House may determine tho rules of its proceedinrrs, punish its mem b('rs propose it shall be broken bore in any case whatever. for disornerly bel1avior, and, with 1be concurrence of two-thirds, expel a member." Mr. SPRINGER. I will state, Mr. Speaker, tha~ the question was It will be seen that t hero are no words of limi tali on on the power to expel, which asked at the time whether reports which were unanimous could not seems to have been left to the gootl sense and discretion of each House; in other words, docs not the Constitution refur Jall1er to the fitness of tho member to holU come in at any time, and the gentleman from Maine expressly stated the office, resting on considerations of public justice and policy, than to the time of there would be no objection to them. his election ¥ Yet tl1e undersi~ed do not deny but that there are limitations on the Mr. HALE. I said that in any case where both sides of the com- power of this Honse arising from the circumstances of particular cases, and the mittee wanted to report. relationf! of this House to the constituency of an accused member; therefore, as will lm seen, the undersij!Iletl need not go further in this case than to assert jm is- Mr. SPRINGER. And that is the case here. diction, because the offenses complained of wero not known to the constituents of Mr. HALE. I said in such cases consent would be granted. tho memberR in question until after their election. 1\Ir. SPRINGER. This is a unanimous report. · Without asserting the guilt of tho accused it is sufficient to say that the grava- Mr. HALE. I do not know anything of that kind. There is no men of the charges made a~ainst them is that one of them (Mr·. ScHUMAKER) re- ceived the sum of $275,000 and the other, (Mr. KI.\'G,) while an officer of tho House, member of the minority of this committee that comes in and a-sks to $75,000 for the purpose of purchasing tho votes of members of the Congress for a have thit~ report considered. suusicly to the Pacific Mnil Steamship ComJJany, and it is conceded that the alleged Mr. BPRINGER. The minority of the committee can !'!peak for receptiOn of such money by them was not known to their constituents until after itself. The gentleman from Ohio [Mr. MONROE] who sita nea.r the their election. It is also alleged that one of the members lMr. KING) testified falsely concerning gentleman is a member of the Committee ou Foreign Affairs. the moneys receiv()(l l1y him before pis election to the present House and that the Mr. HALE. If the gentleman from Ohio, as a member of the mi- other (Mr. ScHUMAKER) so testified after his election to the present House before a. nority of that committee, states that be wants thls matter to come up committee of the Forty-third Congress. The fact that the questions involved as to the rruilt of the accused members have now, I have nothing further to say. Otherwise it is not clearly here been refeiTed to tho courts of the Dist.rict of Co1umbia does not and cannot affect under that rule we adopted on Monday. The gentleman from New· the question of juri111liction, nor in any manner release the House from ita duty in York will bear me out in that. the vr~>IDises, as has been held in the cases of Kilbourn and Belknap. Mr. BEEBE. I will say this: I did not understand the arrange- The case of Humphrey Marshall referred to in the report of the maJority is not a case in point. He was accused of the crime of peijur:v committed before a State ment, so far as I am concerned, as does the gentleman from Maino. court in Kentucky; a majority of the Senate concludeiration of his or her term of employment, or shall knowingly em· ploy any such deserting freedmen, free negro, or mulatto, or shall knowingly l!ive so that they desired to preserve slavery in Kentucky, Maryland, Del- or SElll io any such freedman, free negro or mulatto any food, raiment, or other aware, and Missouri. thin~, he or she shall be guilty of a lllisdemen.nor, and, upon conviction, shall be Truly- finea not less than $'25 and not more than $200 and costs; and if said fm e and costs Thy gentleness hath made thee great. shall not be immeiliately paid, the court shall sentence such convict to not exceed- ing two months' imprisonment in the county jail, and he or she shall morever be I now wish to call atte-ntion to one other matter. I will ask the liable to the party injured in damages. Clerk to read an extract from a report made by Hou. Luke P. Poland, And here is a further act to amend the vagrant laws of the State. who my friends on the other side will concede to be one of the most The act, in its second section, provides- candid, impartial, and just men we have ever had in public life. That all freedmen, free negroes, and mulattoes in this State over the age of eight- The report relates to a time before any carpet-bag governments were een years, found on the second Monday in January, 1866, or thereafter, with no etabl~shed in the South. I ask the Clerk to I'ead the paragraphs I have lawful employment or business- marked. If he is out of work even; that is all that is required- This is the account of a transaction in the State of Louisiana in or found unlawfully assembling themselves together either in the day or night- 1864. time--- · The Clerk read as follows : And by a later statute it is expressly enacted that all the old laws In 1864 a convention was held which framed the constitution of the State. It relating to slavery shall be applicable to freedmen; so that the hold- adjourned subject to the call of its president. In 1866 it was summoned to meet ing of a political meeting or any other meeting is an unlawful act arrain inNew Orleans, to consider some proposed amendments to the constitution, under this law- which had gone into effect. It was claimed that by the adoption of the constitution its functions were exhausted, and that its future assembling could have no official and all white persons so assembling with freedmen, or usually associatin$ with character. If this were tme it would seem to have been harmless. freedmen, free negroes, or mulattoes on terms of equality, * * * shall beueemed Its members were unarmed and unprepared for resistance. This body was set vagrants, and, on conviction thereof, shall ·be fined in the sum of not exceeding, in ufon in the hall where it assembled by a mob consisting of citizens and policemen the case of a freedman, free negro, or mulatto, $50, and a white man, $:200, and im· o New Orleans. In the language of 'the report of the congressional committee of prisoned at the discretion of the court, the free negro not exceeding ten days, and tho House of 1866, who fully investigatecl the whole transaction, " There has been the white man not exceeding six months. no occasion in our national history when a riot has occurred so dt>.stitute of justifi- able cause, resulting in a massacre so inhnman and fiend-like. The massacre was So that, under the authority to pass laws to guard the freedmen begun and finished at midday. An intention to disperse and slaughter the mem- against any evils that may arise from their sudden emancipation, the bers of the convention aml those persons, white and bla{}k, who were present and white men of Mississippi enact that any white man who associates with friendly to its pm·poses~ was mercilessly carried into full effect." The police were a free black citizen on terms of equality is to be deemed a vagrant, active 'on the side of tne rioters. Two hundred and sixty persons were killed. The report proceeds : and punished by fine and imprisonment; and I am not so sure that, "The committee examined sevent:v-fonr persons as to the facts of violence and so far as the authors of that law were concerned, it was not a wise bloodshed upon that day. It is in evidence that men who were in the hail, terri- law, so far as the morals, honesty, and fitness for citizenship of the fied by the merciless attacks of the armed police, sought safety by jumpin.., from negro were concerned, to exclude them from his society. the windows, a distance of twenty feet. to the ground, and as they jumped were shot by police or citizens. Some, disfigured by wounds, fought their way down Then there is another act providing- ' stairs to the street. to be shot or beaten to death on the pavement. Colored persons '.rhat no freedman, free negro, or mulatto, not in the military service of the United at distant points in the city, peaceably pursuing their lawful business, were at- States Government, and not licensed so to do by the board of police of his or her tacked by the police, shot and cmelly beaten. Men of character and position, some county, shall keep or carry fire-arms. of whom were members and some spectators of tho convention, escaped from the hall covered with wounds and blood, ano, and a few weeks of the presidential election. In tbe parish of Saint Lanilrv tho ropnb· says the wife in her testimony," I was left alone with my sick and dying children. licans bad a registered ma:iorit.r of 1,071 votes. In the spring of 1868 fhey carried None of my neighbors came to my assistance. My child died. I sent to-the tomb- the parish by 678 votes. In the fall they gave Grant no vote, not one, while the builder to make its little t{)mlJ, and he boin$ a democrat refused to do it." Froni democrats cast 4, 787 for Seymour. Here occurred one of the bloodiest riots on rec- the testimony of the judge and his wifo, ana incidentiaJly of others, yom commit- ord. The Ku-Klux killed and wounded over two hundred republicans. hunting and tee are compelled to believe this a irue story. chasing them for two days and nights through fields and swamps. Thirteen cap- We were anxious to obtain the facts in the terrible tragedy of Coushatta, and tives were taken from the jail and shot. A pile of twenty-five dead bodies were were able to do so· from several witnesses, but principally fiom Mr. Twitchell, a found half buried in the woods. Having conquered the republicans, killed and brother of one of tho victims, and from Mr. AIJney, a. merchant of that town, driven off the white leaders, the Ku-Klux captured the neg-roes, marked them with whose reluctant admissions, under a. rigid cross-examination, satisfied us was the badges of red flannel, enrolled them in clubs, led them to the polls, made them vote chief const>imtor. This is the fearful story proven to our satisfaction: the democratic ticket, and then gave them certificates of the fa-ct." The Twitchell brothers, from New Hampshire, both young and active men of business, one a man some time married, the other but a. short time before his death, Mr. Speaker, this was before all bad government of carpet-ba.ggers with five or six other men from tho North, with their families, settled in this little or negroes. It was without other cause than the desire to carry an elec- town, bringing with them earnestness of purpose, inte!ITity, economy, and. habits tion and to give an illustration of the meaning of the gentleman's of industry. The re:lsonably-expected results followeti: The hamlet grew into a prosperous and flourishing New England village, with its saw and gdst mills, its maxim- factory, its stores and store-houses, its pleasant white-painted houses with their Thy gentleness hath made thee great. lawns and gardens, its ohurches and school-houses. Business fiom-ished. About twelve hundred colored men were gathered into the villarre. Their labor wa.'! in I will not detain the House by a recita.l of the terrible murder a.t demand; their wages rrood and promptly paid. Their children ea,.erly availell Colfax in 1873, a deed which our report pronounces·~ · themselves of the scho~ privileges abundantly afforded. The coloreli voters find- Without palliation or justification; deliberate, barbarous, cold-blooded murder, ing that these men never betrayed their confiuence, but in all thin us were aiiling to stand like the massacre of Glencoe or of St. Bartholomew, afoul blot on the page them, elected them to tho several parish offices; and they, thus ~ecteor to return. An escort wn.s rai~ed by th.id cating a purpose to make the race issue distinct. man Abney of twenty mounted men .. The prisoners, mking all of their ready .Agreements were entered into in various parishes, Si!£led by hundreds of planters, money, about 2,000, placed themselves m the bands of the guards. Abney issued to employ no laborer who did not vote their ticket. ..ttand-bills like the following military orders to what he called political clubs, but we believe white-leaf.'!llers, were circula,ted in French and English : along the route to furnish aiel. supplies, &c. The march was commence< , and, "Lonisianois: Pour sauver volire patrie, il faut renvoyer les negres. (Par la 'vithin thirty miles of their homes, these prisoners were all murdered, lerriuly mu- faim, animalle plus feroce est dompte.") tilated, buried, and no father, widow, brother, or son was permitted even to nsit; "Louisianians: To save your country, do not employ the negro. Wild beasts can their graves until the boilies were decomposee ever sought the murderers~ no-pursuit has O>er been made, no inquiries over .After the white-league rising of September 14, 1874, an account of which is given set on foot by them. A man riuing one of the horses of oue of the dead men has hereafter, risings took. place in many parishes. The Kellogg officers were d.riven been seen in the pari81l, but no one arrested his course or a keel him about the from power and compelled to fly for their lives. After the re-establishment of the bloouy deed. No republican, white or black, has dared to commence proceetlinrrs. Kellogg government in some cases the officers were not permitted to resume their Abney was arrested and admitted to bail in a small su.m, and with impunity insuYts functions. the majesty of outraged law by bolilly appearin~ as a witness before this commit- The peeches at public meetings and leading articles in the press urged the peo- tee. More, be was introdncect by the conservaliives to the witness-stand with a ple to deeds of violence. Wo submit a collection of extracts taken from many lead- flourish of trumpets as a leading merchant of that section of tho State. A brief mg and influential journals published in various parts of tho Stat~. We have not extract from his cross-examination will inilicat~his connection with the crime: space to make extracts from them in this report. They are enough of themselves to estaulish its conclusions as to the purposes and conduct of the lea-ders of the "Mr. FRYE. 'Vas there not onn otherofficor at that time requested to resign! white man's party in the campaign of 1874. "Mr. .Ammr. Yes. It is impossible to state, in the space which this report can properly co>er, the "Mr. FRYE. What was his name~ details of the deeds of lawless nolence which were proved before the committee. "Mr. AB~EY. Scott. In many parishes the legal officers were driven out by force. Repuulicans wer~ "Mr. FRYE. Was he killed 1 . murdered or compelled to fly for their lives. 'Yhatever tho pretext, the real of- "1\Ir: ..A.B:-.""EY. No. fenso was their political opinions. "Mr. FRYE. Did he go with your guard~ Buford Blunt, State senator, an eminent and influential colored preacher in the "Mr. All:!-.""EY. No. :Baptist Chmch, whose efforts to establish schools in the parish are highly spoken 11 Mr. FRYR. Why not~ of in the report of tho State superintendent of education, was compelled to promise "Mr. AB:o-"EY. I wouldn't let him; I compelled him to remain behind. to give up all politics, and afterward to fly for his life. "Mr. FRYE. Was he a master-mason 1 .6.llen Greene, a State senator, a native of Georgia, who hall lived in the State for "Mr. .All~EY. Yes. many y-enrs, had established in the pa._,..i_sh of Lincoln a tannery and shoo manufac· "Mr. FRYE. Were yon a master· mason 1 tm-y. Hides and bark were produced in abundance in the neighborhood. Mr. "Mr. ABNEY. Yes. Greene had furnished machinery which required the employment of skilled labor, 11 Mr. FRYE. Were any others of the persons masons~ and had introduced about eighty workmen from New England, to whom he paid "Mr. ABxEY. I did not know that they were." an average of $30 per month, making a pay-roll of $2,500 per month t{) be ex·p ended Now, against those murdered men no crime was charged no dllilionesty a.Ueged, in the town. In May, 1fl74, Mr. Greene was required to resign his office, with no malfeasance in office proved. Abney alone said theyllatl cheated in certain con- threats against his life. His workmen were so diSturbed by tho condition of things tmcts, but your committee g:we no credit whatever to hi'! testimony. that they refused to remain, and a new body, who bad been eng!1;!:ed in Massachu· T.lius by the murdei'Ous liancls of neighbors, of men who pride themselves upon setts, hearing of the rising of September 14, refused to keep their engagements. their position in society, of those who hafl ne,·er receivecl from the victims other· 'rhus the people of the parish of Lincoln prefer to send their hides half way across than kindne s, were these men deliberately slain. And there is practically no law tho continent, have them tanneu anu manufactured into boots and shoes in Ma-ssa- in Louisiana to brin~ them to punishment. chusetts by workmen to whom tho flour, sugar, rice, and cotton areinliko m:mner conveyed, and then brought back to Louisin.na in the form of boot-s and shoes, and WffiTE LEAGUE. to pay tribute to the manufacturer in Massachusetts, to the c:u.Tier and commission- The White League is an organization which exists in New Orleans, aucl contains mercnant, rather than to allow manufactures t{) be caiTiefl on in their own State by at least from twent.y-fi>o hunc:Ircd to three thousanll members. armed, drilled, and men who may be allowed the fTee expression of their political opinions. officered as a military organization. Organizations bearing tho same name extend throughout many p:u'ts of the State. It was pretended that this organization in THE STORY OF JUDGE MYERS. the city was simply M a volunteer police force, the regular police being inefficient; ll. C. Myers resides in the parish of Natchitoches, a.bout five htmdred miles that it has no connection with associations of the same name in ot.hcr part-s of tho above the city of Now OrleanR, on Red m>er; has lived there eighteen years. ills State, and that these latter are lar;;e political clubs without military organization wife and thei+ six children were born thoro. For several years be was register of or arms. A brief examination anu a brief cross-examination effectually dispelled the United States land office for tho north western district of Louisiana ; was elected this pretension. Several of its members and officers wore exrunincd before the parishjud,~;e in 1870 and 18i2, which position he hel, and Red River. He appears to military. Its name was not appropr-iate ton. vo hm teer police, but was approptin.te to be a man of good education, of culture, of refined speech and manners ; and your an af.Sociation designed to put the whites of the Stat~ into power by force. It had committee fail to see that any charge of mal or misfeasance in office was at all sus- cannon. On tho 14th of September, 1874, it rose upon ::mel attackcll the police of tained. Early in the spring of 1874 there were nursed and assiduously cnlth·atcd tho city, the pretext of the attack being tho seizure of arms which it hrul importe!l in that parish fierce and clamorous political anta.~onisms. The White League was from the Nort.h, and, having defeated them with consiclemble sl~ughtcr, it took organized, the removal of all rt'IJ?Ul>licau office-holders determined upon, and, as possession of the State-houso, overthrew the Skttegovcmmeut, and installed anew has been well said of another loc'l.,ity, "tho air was full of a-ssassination." In May go,mnor in office, and kept him in power until tho United States interfcreu. Tlus not}ces were postel1 in conspicuous 11laces, as follows : rising was !ll:umcll befQrobaml. Its commamlin~ officPr, Og•len, publishell an elaborate aml pompons report of his military mo>eruents, in which ho expresses "K. K. K." his thanks to his aids ancl other officers for their important ancl valuable services beforo and during the day of the action. In othCi" parts o~ the State organization!! "Boullet, Myers, and all ot11er radicals in this parish. Your fate is scaled. under the same name existed, aml wo have no doubt that tllcir pmposes aud meth- Nothin.,. but your bloou will appease us. The people of Natcbitoche.'i, Sabine, ods wer;} ahm illontical. In one parish tlleir meetings were called by notices, "'\Vinn, Do Soto, P..apides, Red River, Bienville, Claiborne, Jackson, and Caddo are headell, "Attention, White League," ancl signed by an otliccr in his wllit'lry ca- ready at a mompnt's notice, ancl will extcrmina~e all radicals." paeity. Abney, tho leader of the band at Cousl.Jatta, when be sent oft" tho rcpnb· .About this t;ime Judge Myers was warned that his life would be forfeited if he lica.n prisoners under a !!Uard, g:wo a military orclr.r for supl1li es ancl guard to tho reruaiuod l!oDOt4or day ;1t his home. IIis wifo, two of hls children, anu his aged fa.tber highest officer of a cluu in anotl1cr town, on obedience to w 1ich, if lt.is story wore were sick; one of the cllildren and the father hopelessly; so Eays f.l1ejut1go. "Quite true, tho safety of the lives of tile pdsonor·s U.epemled. Y(.t ho profes Oll to lln.Ye sick; my little child cl.vlil~; lilY a~ed father, at tho other oml of tho town, also d.r· no other powet· than that of pre~:~ident of :m ordinary tl cmocr:~.tic cluu addressing lilg. I k.~ssed my little ]Jauy, placed it in the care of its weary mother and tho Al- the president of a subordinate or bmnch club of tho saino organiza.tion. Jpight;Y. I left m;r home, 'Q.Ot dqring even to visit my father." Tho White League of Now Ork>nns itself was and is n constt1nt menace to there· 1876. CONGRESSIONAL RECO_RD-HOUSE. 5379 publicans of the whole State. Its commander can, in a few hours, plooe bodies of strange guardians of the rights of the race which these amendments men, aimed and drilled, in any of the nea.r parishes, or those on the coast, or into emancipated. But if this be not his belief and theirs, ~ point to their Mississippi, Alabama, or Texas. It doubtless contains many persons of property and influence. It also contains many persons of very difterent charad.er. lt would conversion as the most triumphant evidence of the wisdom and the bo desirous and able to overthrow the State government at any time, if not pre- success of that policy which, while it bus mised four millions from vented by the power of the United States. They still retain more than one thou- slavery to citizenship, has in ten years e~adicated from the under- sand stand of arm.~, taken from the State on September 14 and never returned. standings and the hearts of the white people of fifteen States the We cannot doubt that the effect of all these things was to prevent a full, free, and fair election and to intimidate the colored voters and the white republicans. prejudices of centmies. The very formation of a white man's party was a menace of terrible impmt to those Errors in administration, mistakes in finance, extravagances in who remembered Colfax and Bossier and the convention. . The press was filled expenditures, confidence unworthily bestowed-these have been the with thFeats of violence. The agreement to discharge laborers, t-he 8uggestion that lot of all parties in the past, and will doubtless be repeated in wild beasts are tamed by hunger, was evidence of the samo spiJ:it. Tlleovertbrow of the State government by the White League on tho 14th of SeJ?tember; the turn- the future. Even dishonesty and·corruption have existed in all par- ing out large numbers of parish officials in the country, compelling them to flee for ties. They must, in the nature of the case, be practiced but by a few, their lives ; the fearful lesson of Coushatta; the formation, armin~and drilling of and will l:le cured in a free government, whatever party may be in the White League, the natural successors of the Knights of the white Camelia; power, by the people whose resources and industries they burden these things ina community where there is no legal punishment for political mur- der must, in tbe nature of things, have filled with terror a people tiniid and gentle without distinction of party. But to have changed the opinions and like the colored population of Louisiana, even if we had not taken abunda.rit evi- conquered the prejudices of a people angered by defeat, imbittered dence as to specialoots of violence and crime and their effects on particular neigh- by years of bloody war, so that they have become reconciled to the borhoods. Mr. Moncure, the conservative candidate for State treasurer, claims a majority policy and convinced of the justice of raising theirformer slaves, men in the whole State of about five thousand. .A. far greater number of republicans of another color and another race, to civil and political equality with than enough to overcome this majority must have been prevented from registra- themselves, this is a triumph of administration glorious and splendid, tion or driven by terror from the polls. to which history can furnish no parallel; compared with which the In view of these facts, we do not hesitate to find that the election of Hl74 was neitlier full, free, nor fair; that in large portions of the State the usual means of laurels that a. Cresar reaps are weeds. instructing and persuading the people, of organizing and conducting a campai$n, Mr. Speaker, I do not deny that in all these years the democrats of could not be carried on by republicans without danger to their lives; and tnat the South have made some progress. But it has been a progress in many more voters than were needed to give the re).lnblican party a complete which nothing has been due to themselves. Whatever they have victory were prevented from voting at all or coerced mto voting the white man's ticket. learned, either of freedom, of justice, or of republican government, they have learned from their opponents. • Mr. HOAR. Truly They have been the unwilling pupils of the republican party. Like Thy gentleness hath made thee great. Dante's souls, whose necks Satan had twisted, they have marched on I am not to be frightened or ridiculed when I discuss these things impelled by a strength other than their own, perpetually looking back. by the ta.nnt from any quarter that it is" shaking the bloody shirt." So much, Mr. Speaker, for democratic legislation in the matter of When the garment, however humble or mean, is drenched with the reconstruction. 1 It shows a concerted, crafty scheme to reduce the heart's blood of an American citizen I have but one question to put negro to a system of peonage which degraded him below the condi- to my country, Anne hmo vestis filii tuif-Know you if this be you1· tion of slavery, but imposed no corresponding obligation upon the son's garment! ~ ma>Bter. This legislation, cruel and hateful as it is, is . mercy itself I agree with the gentleman that the union of nearly all the blacks compared with the conduct of southern democrats to the negro when in one political party, ancl of nearly all the whites in another, is a fact freed from the restraints of the Federal power. I have given a few deeply to be deplored. Party spirit bears evil fruit in abundance specimens, not because I desire to revive or preserve their odious or when animosities of race and class do not mingle with it. But I ca,n- painful memory, but because they bear with terrible weight upon the not doubt that whether the white republican leaders have sought t-o issue now presented to the American people. foster this discussion on the color line or not, it would long since have The repnl>lican party, in my judgment, in prescribing the conditions dis~ppeared if the leaders of the whito people of Louisiana, had not upon which the States of the South Rhonld be re-admitted were guilty hammered and welded together the ma.sses o:f the colored population of one serious omission. Recognizing and affirmino- in their Stato by n. system_of conduct calculated to excit-e in the highest degree their constitutions, as the people of every northern State l1ave done, t.bn.t fears for their freedom, or their political and socin.l rights. a system of universal education is absolutely essential to the success The people who would persuade us, and to some degree persua~e of a system of universal sufii·age, they committed the folly, the fatu- themselves, that they are willing to give the negro all his rights ity, of imposing by national authority upon the South, with their under the Constitution seem tdlose all their understanding of what four millions of freedmen just fi·eed from slavery and a still 1·wger justice and equn.lity really mean when the negro is concerned. They number of ignorant whites, a system of universal suffrage, making think, and very justly, that it is a great evil to mass n.ll the colored no provision for education. But by the Bureau of Education and by votes on one side. It never occurs to them that it is an equa,l evil to religious and charitable organizations and private aid we have done mass all the white votes on the other. On the contrary, their ani- much in that direction. mosity is specially directed against those whites who act with negroes. All the teachings of the Old and New Testament are summed up by They have little reprobation for those leaders who advise the whites the Author of our religion in two simple and sublime commandments, to band together in an agreement not to employ negro la,borers who on which hang all the law n.nd the prophets. The g1·eat philosopher vote the radical ticket, or fortthe· planters who followed the advice. of our day, in one homely and noble verse, ha,s expressed the whole of The life of no man would be sa,fo, as one of their witnesses very republican government in a space as brief: · frankly admitted, who, when it was time to gather the cotton-crop, The noble craftsman we promote, should advise negroes to refuse to work for planters who are not re- Disown the knave and fool ; E:wh honest man shall have his vote, publicans. The white who kills a negro goes unpunished. A. fear- Each child shr.U have his school. ful vengeance overtakes the negro who snaps a cap n.t a white man. For what avail In parish after parish the whites turn out pul>lic officers whom they The plow and sail, dislike by force, and no punishment follows. The assembling of a Or land, or life, If freedom fa.il1 body of negroes at the command of the sheriff to maintain his lawful authority is followed by the Colfax massacre. The gentleman makes eloquentj:mt vague charges against the ex- Sout.hern gentlemen speak with contempt of persons whom they isting administration for Hs conouct in relation to the Southern term" carpet-baggers." The Constitution gives to every .American States. What one act of .the Government gives him just cause of citizen the right to choose his home anywhere on .American soil complaint f Does he now da,re to insist on his objection to either of and to take such part in public affairs as his fellow-citizens shall as- the three great amendments to the Constitution 7 He has ventured sign to him. Shall not the American citizen born on our soil have no such objection in this debate. Does he deny that Congress has the rights to which we gladly welcome na~ives of other lands T It is power to enforce them T If he admits the power the duty in proper not to the carpet-bag, but that it is held in American hands, that the cases follows. Does he place himself on record as complaining of the southern democrat ol>jects. policy or purpose of the legislation of 1871, by which the homes of The gentleman will perhaps claim that the opinions of his class at his colored fellow-citizens throughout .the South were protected from the South have changed since these Jaws were passed, and since some outrages such as moved the indignation of Reverdy Johnson' He of these outrages were committed. If they have not changed, surely will scarcely make that issue to-day. Does he deny that it is tbe· duty no man will be bold enough to say that the rights of the colored peo- of the United States to gnarantee to all the Sta.tes a republican gov- ple would be safe for an instant if they were placed with.in the power ernment, and on constitutional dema,nd to protect the lawful govern- of that class. But admit that they hn.ve cha,nged and that they are ments of the States against ln.w less insurrection' If he does he must now reconciled in opinion to the abolition of slavery aml to the eqnn.l- repudiate the original Constitution as well as the amendments. The ity of all persons before the law and in the rights of citizenship. only reproach he utters against the Government is tha.t t.be State A.h, Mr. Speaker, that is a :fatal admission. What tribute could be governments for which it interfered wero badly administered. But grander, what concession more complete, to tho success of the repub- the Unitcu States is bound to support all la,wfnl State governments lican policy of reconstruction than t.o confess that it has resulted in a against insurrection without considering their administration. The change of sentiment like that. vital difference between the gentleman and the republican party is Will the gentleman fmm Mississippi claim that he does not now that he seems to think that the remedy for what be dislikes in gov- think that it is a misfortune that the rebellion did not succeed, t.h..'\t ernment is resistance by force. His logic would lead to the result it was a misfortune that the thirteenth, fourteenth, and fifteenth that you are to vote against· a State administration only when you amendments were adopted, and that this belief .i s not sharecl by his like it, and revolt against it anu attack its adherents with knife aml political ~ssociates f If tltis be his belief and theirs, they would -be pistol when yon do not like it. 5380 CONGRESSIONAL RECORD-HO.ITSE. AUGUST 9, The gentlemen quoted from a report of which I was the author a who would commit, tolemte, extenuate, or overlook murder; and the republican statement that the President bad based his interference in Louisiana, party of th'e North had been unanimous in making it understood with equal em- phasis that they would have no affiliation with men who would plunder the public on the unlawful order of :1 judge. I think the assi~nment of that for personal ga.ru. reason a grave error on the part of the President: .1 now admit, aa I declared in the report, that the order of that judge was entitled Mr. Spe:tker, I hate for any purpose to revive these odious and · to no respect whatsoever, and that the assignment of that reason painful memories. Whatever oppressions have been suffered have tended naturally and inevitably to influence existing discontents and been suffered by my countrymen. ·whatever crimes have been com- to make the democrats of Louisiana believe that no better reason mitted have been committed by my countrymen. But we cannot existed. But the report also declared that in our judgment Kellogg discharge our own official duty, the American people cannot wisely was lawfully elected; that the difficulty in ascertaining the truth exercise its high functions of self-government without a knowledge was caused by the frauds of his opponents and their destruction or of the facts of our own history, however grievous and humiliating. I carrying off the returns. It was in our judgment the constitutional believe the wisdom of the people will find a peaceful and constitu- duty of the President to recognize and support Governor Kellogg. tional remedy for these evils whether of administration or lawless The whole of his error, which the gentlema,n from Mississippi dwells outrage. I do not agree with the gentleman from Mississippi that o:q as a justification or palliation foc the acts of lawless violence, was that remedy is to deliver the innocent into the power of the guilty, the assignment of an unsound reason for the performance of his clear or that Congress should lay down its high functions to prevent crime sworn duty. at the demand of the criminals. The two systems of dealing with the colored race are these: Do the democrats of the South who are concealing, apologizing The republican party set.s them free and secures their freedom by for, abetting these crimes 1·eflect that they are educating their young the Constitution itself. men to become a generation of assassins T Mr. BOUTWELL says in his The democratic party would have left slavery to exist in Kentucky, report: Maryland, Missouri, and Delaware. The committee find that the young men of the State, especially those w;ho reached The republican policy secures them equality before the law. manhoocl during the war or who have arrived at that condition since the war, con- stitute the nucleus and the main force of the dangerous element. The democrats sent white men to the penitentiary who associated with them on terms of equality. Do the democracy of the North reflect that they are seeking to ob- The republican policy pledged to them the whole power of the Na- tain power, not by a fair election, but by the aid of the votes of States tional Government to protect their homes from the Ku-Klnx Klan. in which their party is an armed conspiracy organized to overthrow The democrat left it to the judgment of the Ku-Klux Klan to de- freedom of election, and that their success is to substitute for the termine when its outrages should cease. Constitution of the United States the principles and the practices of The republican policy made them freemen, citizens, voters; while Mexicof the democratic would have left them peons. The duty of the people is plain. Punish crime; punish corruption; Mr. Speaker, there is another evidence of the wisdom of the Amer- unmask hypocrisy. But trust liberty only in the hands of her friends, ican people in conferring the rights of freemen upon the colored peo- and let the Constitution of your country be administered and defended ple to which I think neither .the House nor the country will be in- by those who love it. sensible. During the past seven years there have sat in this Hall an MESSAGE FROM THE SENATE. average of seven colored Representatives. Most of them had been A message from the Senate, by Mr. SYMPSON, one of their clerks, slaves, deprived by the laws under which they were born of the announced that the Senate further insisted" upon its amendments right to learn to read, to attend public meetings, or to avail them- disagreed to by the House to the bill (H. R. No. 2571) making appro- selves of any of the common methods of obtaining information con- priations for the legislative, executive, and judicial expenses of the cerning public affairs. All of them came from humble places in life. Government for the year ending J11ne 30, 1877, and for other pur- Yet what equal number of members of this House can be chosen on poses, asked a further conference with the House on the disa~reeing any principle of selection that will stand higher, either for fidelity, votes of the two Houses, and had appointed as conferees on tne part wisdom, or propriety in the discharge of their high duties. Who can of the Senate Mr. WINDOM, Mr. ALLISON, and Mr. BAYARD. cite an instance of an improper utterance in speech or of an undignified The message also announced that the Senate had passed a bill of or unbecoming act of a colored Representative T What colored man the following title, with amendments, in which the concummce of has been compelled to·suppress from the official reports any angry or the Honse was requested: intemperate utterances which have come from his heart in the beat A bill (H. R. No. 2041) to amend section 2"291 of the Revised Stat- of debate f Have the memories of ages of cruel oppression emlnred utes of the United States. by their race-have the terrible cruelties of recent days wrung from The message further announced that the Senate had passed with- their lips a single expression of hatred, or led them to urge on their out amendment bills of the following titles: political friends, who held the Government by such large majorities, A bill (H. R. No. 3392) for the relief of John R. Harrington; and a single measure of revenge l A bill (H. R. No. 3856) for the relief of William H. French jr., They have bad to meet the most unexpected emergencies and en- United States Army, late an Indian agent at Crow Creek, Dakota. counter the most formidable antagonists. The gentleman from New The message also announced that the Senate had passed bills of York, perhaps the most trained and experienced debater in this the following titles; iu which tbe concurrence of the House was re- House, has not forgotten how in the Congress before the· last the quested: gentleman from South Carolina with equal courtesy and dexterity A bill (S. No. 795) to enable Moses Marshall to make a,pplication to left him unhorsed :md on his back in the sight of the House and the the Commissioner of Patents for the extension of letters-patent for whole country. When the able gentleman from Georgia, the late improvement in knittinp;-macbines; and vice-president of the southern confederacy, made his most powerful A bill (S. No. 796) for the relief of the heirs of Sheldon S. Hartshorn. and carefully prepared speech to tlle last House on southern affairs, The message also announced that the Senate had agreed to the he was replied to on the instant by another colored Representative. amendments of the House to the bill (S. No. 779) to provide for the It is no disparagement to the gentleman from Georgia to say, that in sale of the reservation of the confederated Otoe and Missomia Indians dignity, in ability, in constitutional argument, the speech of Mr. in the States of Kansas and Nebraska. Elliott was in no wise inferior to that to which it was a reply. I mean no disrespect to anybody when I declare that the policy which POLITICAL COJ\T))ITION OF THE SOUTH. ga,ve to the loyal slave his right to be represented or to be a Repre- Mr. HOOKER. In the absence of my collea~ne, Mr. LAMAR-- sentative here is a-s-fully vindicated by its results as that which gave :Mr. HOAR. The gentleman from Mississippi will permit me to say the rebel master the same rights. before he proceeds that I took the pains to say to Mr. LAMAR some Mr. Speaker, I have said much that I have been constrained to days ago that it was my purpose to reply to him, and yesterday to utt-er in this debate with great reluctance and pain. The gentleman indicate to him that probably I would have the opportunity to do it from Mississippi undertook to cite in his speech from a report of which to-day. I was very sorry he could not .be here. I had the honor to be tho author, extracting only such admissions as Mr. HOOKER. In the absence of my colleague, [Mr. LAMAR,] in he could find in its pages against the conduct of mypolitical associates, reply to whose speech the remarks of the gentleman from Massachu- while he was wholly silent in regard to the terrible arraignment made setts in great part have been addressed, I feel it my duty, though nut by the report, but by the historic facts which it cites against the coming into the House to-da,y with no expectation whatever of par- party to which he belongs. In my judgment, Mr. Speaker, tho gentle- ticipating in this discussion, in his absence to say something. And man from Mississippi made a fatal and grievous error. If he and a more especially, Mr. Speaker, do 1 feel this incumbent upon me be- few of his associates, North and South, would give the same manly cause while tho remarks of the gentleman from Maasachusetts may utterance of condemnation against men who seek to accomplish po- be considered as referring to the entire South, they have been con- litical results by murder and assassination that has come from repub- fined in a very large degree to the action and conduct and legislative lican lips against republican misgovernment, the whole evils which proceedings of my own State. distract that fair portion of our country would be over in a month. I I came into the Hail while the gentleman from Massachusetts was had the honor in that report to say, an next session. I need not say that 1t was the opm10n of us all that 1t as a part of the proceedings of the House on the question of a reci- would be convenient to make that disposition of the question, and procity treaty between the United States and Canada. • . therefore we were brought to the question of the necessity of ~-sking There was no objection, and leave was granted. [See Appendix.] the advice of the House in some way whether under these circum- stances, as the confere~ces upo-r;t t~is bill have been e.xtremely la- ORDER OF BUSINESS. borious, as to the propnety of YI~lding on ~hese two pomt~ or sp~nd Mr. TOWNSEND, of Pennsylvania, resumed the floor. a week or two more in endeavorrng to arr1ve at a concluswn which Mr. BLAND. I rise to a parliamentary inquiry, and it is whon I must be eventually the same. shall have the right to move~ lay this motion to reconsider ~n the Mr. LORD. Understanding from the fact that the Senate has ap- table. It is a sham and a pohtical humbug gotten up here to mter- pointed the same conferees that that is notice to t~is House in the fere with the business of the House. The country is not jnterested most emphatic legislative form that tho Senate will 'not recede on in any controvel'sy between the North.and. South, a~d it is all a hum- these two questions, ancl believing that the conferees on the part of bug. I desire to move to lay the motwn to recons1der on the table. the House have done all that could be reasonably expected that t-hey The SPEAKER pro tempo1·e. The gentleman from Missouri must could do in the premises, I offer the resolution which I a&k the Clerk not attempt to hold the floor against the rules of the H_ouse ~rto ma~e to read: a speech when there is a gentleman on the floor who 1s ent1tled to 1t. The Clerk read as follows: He can make the motion he indicates whenever tho floor is not occu- Whereas the Senate ha,s refusell to yield to existing differences between the two pied by some gentleman entitled to it. Houses on the legislative, !)xecutivet and judicial appropriation bill, which differ- Mr. BLAND. I want to know when I can be recognized. I have ences relate to the salaiies of memoers of Congreas aml of t~o Pr~sidont; and whereas we ru:e apprised that any further conference on the subJect will be useless been trying to get the floor to-day without success. and can make no chan.ae in the determination of the Senate: Therefore, The SPEAKER p-ro tempore. That is not the fault of the Chair. Resolved That the conferees on the part of the House be, and they are hereby, instructed' to recede from such pointm·e. The Chair will state that t~e pend- LEAYE OF ABSENCE. ing question is on the motion of ~he gentleman from MarneJMr, Leave of absence was granted by unanimous consent as follows : HALE] to reconsider the vote by which the messa.ge of the Prestdent To Mr. BALLOU for one week f:I:om Friday next ; in relation to the sundry civil appropriation bill was referred, and To Mr. JoNEs, of New Hampshire, an extension of ten days on upon that question the gentleman from Pennsylvania [Mr. TOWN- account of sickness; SEND] is entitled to the floor. To Mr. WALSH indefinitely; HALLE';£' KILBOUfu~-RECUSANT WITNESS. To Mr. MACKEY for three days on account of sickness in his fam- Mr. RANDALL. I would like to submit a resolution which I think ilyTo j . . Mr. HABRis, of Massachusetts, mdefinitely; . . involves a question of privilege. I have been requested to offer it. To Mr. CAMPBELL for ten days on account of senous lllness; Mr. TOWNSEND, of Pennsylvania. I yield for that purpose. To ?tlr. HOGE for ten days on account of sickness·; Mr. RANDALL. I offer the following resolution. To Mr. SMALLS indefinitely from the lOth instant on account of The Clerk read as follows : important business; Whereas suit bas been instituted for damages in the supreme court of the D~ To Mr. HENKLE for two days on account of important engage- trict of Columbia )Jy Hallet Kilbourn a!rooinst MICHAEL C. KERR, Speaker of this House, John G. Thompson, Ser~eant-at-Xrms of this House, and JOHN M. GLOVER, ments; JEPTHA D. NEW, B URWELL B. LEWIS, and A. HERR SMITH, members. of t~e same; To Mr. MAcDouGALL for two weeks from the lOth instant on ac- and whereas said suit is predicated upon an alleged assanlt and falso 1mpnsonment count of important private business; of the said Kilbourn by the said defendantory little use as a harbor pier in my opinion. Since it was built the full pattern for a dress; 1 do not know exactly what it is, it is pier proper bas been extended far out into the lake, and the shore line is out nearlv so long a time since I followed dress-making, [laughter;]' but a as far as this old part. · mother who has half a dozen full-grown daughters for whom she Now I omit two or three lines that elf> not ben.r on this s~1bjcct, and I 5392 CONGRESSIONAL RECORD-SENATE. AUGUST 10, therefore it is unnccessa'ry to read them. The gentlemen of the com- Mr. EDMUNDS. Yes, Mr. President, if my friend will allow me, I mittee, however, have seen the whole letter. did; hut I first moved to insert I think three aml then four and then I do not see that my report on the subject is among the papers before the Senate. five and then five and a half millions, the House having it six, in I would abandon the whole of this part of the pier. The difficulty is to whom 1 If order to see if it was possible that anything could be savetl in this to the city, it will make the railroad company pay wharfage, (very properly, I performance. think.) Mr.FRELINGHUYSEN. I think the first motiun was five millions The PRESIDENT pro tempore. The morning hour has expired. and subsequently my friend offered three and four. Mr. EDMUNDS. I wish the Chair would be good enough to let me Mr. EDMUNDS. No, sir; the first motion was three and the next finish the letter, subject to a call for the regular order, of course. I four. do not wish to displace that. Mr. CHRISTIANCY. The first was five, I think. Mr. ALLISON. I ask the Senate to lay aside the regular order Mr. EDMUNDS. No, the first was to appropriate three or four temporarily to finish this bill. millions, I have forgotten which, to be expendecl by the Secretary of Mr. EDMUNDS. I have the floor at present. War in conformity with the a~t of 1869. Mr. AL.LISON. I do not wish to disturb the Senator; but after Mr. FRELINGHUYSEN. That may be so; but in the. instruction the Senator shall have finished what he has to say, I shall maoo the to the committee the sum was five millions. I think it is not well to motion. follow a bad example. I think that this country is perfectly able to Mr. EDMUNDS. The letter proceeds: make adequate appropriations to all the purposes of the Government, The company now has the (almost) exclusive use of this portion of the pier gratis. and I really think the fact that we have failed in that particular is no The United States does not want it, in my opinion. The case is not a new one. At other harbors where the shore-line bas made out the original piers have become un- reason why we should not make this rea-sonable appropriation of necessary, and have been abandoned by the United States and no further repairs $5,000,000 to this purpose. made upon them. Mr. CONKLING. Jt.Ir. President, few days on which the Senate Just what General Cram predicted in 1865 (CONGRESSIONAL RECORD August3, sits fail to give me fresh reasons to admire the honorable Senator page 19) has come to pass. The repairs now necessary, not for the safety of the harbor, but for the convenience of the railroad company, will cost more than the from California on my left, [Mr. SARGENT.] This day is not an ex- company want to pay. Hence the "loud call on the Government." I have of course ception. I admire- his ability, his alertness, his acquaintance with no interest in the matter, but I conceive it my duty to oppose the expenditure of legislation, his usefulness, and the alacrity with which he performs public funds for private purposes. I know of more than one instance on the lakes the much labor cast upon him. I say this day gives me fresh occa- where a single individual, or a single firm having an ax to grind at an insi!mift- cant village, obtained first a survey, then an appropriation, and I can name a"'har- sion to admire hXn. To-day he has looked up and read a considera- bor on this lake where a member was elected simP.lY on the appropriation" issue, ble portion of a speech of my own, and I commend the tn.st.e which 11 and is tbi·eatened with the Loss of renomination 1f he fails to secure one ; this at that displays in ]lim for sound doctrine. It shows that he is inclined a harbor so petty that the light-house was abandoned some years aero, to resort to reliable sources of fact and information, not to speak of The idea of the very breakwa.t~r which has been commenced at 6Ieveland was, I believe, started as a. help to election by a former member of Congress, and the advice. Indeed until the Senator associated his own elocution with chancres rung upon it in th~ papers with that object. My own private opinion ie right; but from my reading on the matter and from the discus- we insisted that Dunkirk might go in and Pultneyville and Great sions in the committee on both sides, by the House conferees and the Sodus, and I supposed that all the reasonable demands of the Senator Senate conferees, I am disposed to think I am correct in my under- from New· York had been satisfied. He says, however, that a quarter standing of this matter. In other words, we have given a quarter of of a million dollars is not enough. I cited the fact that a quarter a million of dollars to this work the same as last year, when every of a million dollars was all that was appropriated last year and that other appropriation bas been reduced, and we have treated that as a was not the commencement of the work, but three-quarters of a mil- matter of national importance. . lion dollars had been already expended on it. Mr. ALLISON. I desire to say one word in reply to the Senator Mr. CONKLING. Will my friend allow me to interrupt him J from Vermont [Mr. EmiUNDS] l,>efore the vote is taken. The Sena- Mr. SARGENT. I will. tor from Vermont, in commenting upon the bill, seems now, a-s here- Mr. CONKLING. The Senator does not want to make an erroneous tofore, to lay particular stress upon the action of the committee statement. with reference to the ha,rbor at Cleveland, Ohio, where the commit- Mr. SARGENT. Certainly not. tee bad tho misfortune of inserting an item of $8,000 for the repair of Mr. CONKLING. He makes a very erroneous one in what he has an old pier, and wherein the Senate concmred in t,he juugment of said about New York. He seems to think that this report has restored the committee, and wherein the House conferees made no objection, everything for New York. and therefore it wa-s not a proper subject for the committee of con- Mr. SARGENT. We have restored Dunkirk, and Great Sodus, and ference to consider. The honorable Senator from Ohio [Mr. SHER- Pultneyville. 1\I:AN] stated some days ago th3,t there was a little bit of a conflict Mr. CONKLING. Certainly you have restor~d them, but you have with reference to this pier between the railroad company and the not restored other works. engineer in charge. I do not know how that may bo, but I shoulu Mr. SARGENT. We have restored each of them. I know whereof think not, from the fact that this engineer takes pains to explain to I speak. the honorable Senat-or from Vermont, who has opposed this appro- Mr. CONKLING. Does the Senator not know that more has been priation all the way through, l>y saying to him that there is no con- taken from the State of New York in the aggregil'te, counting Hell flict, anu writing him an elaborate letter on the subject. I suppose, Gate, than the Senate put on f of course, that this letter was written to the honorable Senator for Mr. SARGENT. I say the endeavor was to answer the demands the reason that if it bad been written to the committee Laving maue by Senators in behalf of their States. The House insisted that charge of this bill the committee would have hacl that information and a quarter of a million, the amount appropr~ated last year, was suffi- probably might have changed its judgment. The honorable Senat-or cient for this work. We looked at the estimates, and we found the from Vermont says that he showed the letter to the committee. That estimates were $450,000. We looked at the estimates the year before letter was not shown to the committee until after this report was maue and found they were $600,000, and Congress appropriated $250,000. and in tho Senate. I merely state the e facts for what they are worth; It did not seem unreasonable that $40,000 should come off and the but this engineer wa-s appealed to before by t!Je several committees amount be reduced to -a quarter of a million dollars when the esti- of Congress. He was appealed to by the Chief of Engineero to make mates were only about two-thirds of what they were the previous a reduction in the estimates in his district, and in that reduction year. Then we demanded that the 's tatement made on the floor of of estimates he assigns to the breakwater at Cleveland, Ohio, the Senate in behalf of New York should be accepted before there $50,000, and says that that sum will do. Now he writes a letter to au should be considered· any surplus to come off in the neighborhood of honorable Senator of this body, which letter is read here, stating that New York or anywhere else, and then we restored every harbor the this breakwater at Cleveland, Ohio, is useless. Senator himself insisted upon, and then the amount is less than Mr. SHERMAN. That work was recommen'ded by the boaru of $20,000, some $16,000; which is th~ only matter the Senator seems to engineers. be making his point upon this morning. • Mr. ALLISCJN. It was recommeu(led originally by t.he Corps of I refer to the estimates of the engineer and his statements, which Engineers. When this particular engineer is called upon for an esti- tbe Senator must have known, because they were before his commit- mate of reductions that may be made in his district on the basis of tee for months before they unfortunately came to us; and I regret two-thirds of reuuction he senus here under his own signature, which that they did. I am sorry we did not have the benefit of the Sen- I have, a recommendation stating that $50,000 ought to be appropri- ator's great judgment in arranging the details of the bill; but by those ated by Congress for this breakwater at Cleveland, but he now reports before the committee the necessary estimat.e was $450,000. writes to the honorable Senator from Vermont that it is a useless and There came a stage in the progress of this bill when the amount was wasteful expenditure of public money, and not only so, but under- reduced to $290,000. I do not find that this reduction of $160,000 ex- takes to impugn the motives of local Senators and Representatives cited the solicitude of the Senator at that time for so national a work, in Congress in asking this appropriation, to say not.hing of the infer- while be still talked about Dunkirk, always Dunkirk, and Pultney- ential imputation upon the members of the committee who have un- ville, and Great Sodus. I do not desire to insist on this as an incon- dertaken in a fair ancllegitimate way to make just appropriations in .sistency, but I must say that it is a justification of our action in sup- this bill upon the best information attainable to them . posing, as $160,000 reduction did not excite Lhe sensibility of the I make this statement iu order that this engineer, who seems to he Senator that $40,000 would not produce that effect. reading the debates in Congress, may have au opportunity of know- Mr. CONKLING. If I understand my friend be gets the idea that ing at least what one member of the Senate thinks of him in s~nding I turned a cold shoulder to Hell Gat-e. letters to Senators instead of senuing them through the re~ular mili- Mr. k;ARGENT. I say, in other words, that this na.tional work was tary channels in order that they may reach the proper commtttees, and confided to us and confided to our good jurlgment. · in time to influence their action. If he thinks this expenditure of Mr. CONKLING. There is where I made my mistake. money is wastefnl, why does he not so report to his superior officials Mr. SARGENT. Very likely the Senator may have made a mistake, in time for nse by committees, instead of sending private and un- though I have been trying to show him why we have done it. I still, official letters to Senators at a period too late to be useful Y But there however, think that the Senator ought to have shown llis disappro- is no particular harm (and I ref:?l'et the Senator from Vermont is not bation of any reduction whatever. When the largest amount pro- here) in making this appropriation of $8,000 for this pier at Clevela.ncl posed was below the estimate said by the engineers to be absolutely Harbor. All these appropriations are expended in the discretion of necessary, he assented. The Senator is wrong or else I am wrong, and the Engineer Corpe-. Because we appropriate this money the Sccre- I dare say he is right, if ot;te of us is in error. I find ·t he engineers t:try of War is no·:;, perforce of that appropriation, to expeml the spoke as follows in 1874, when they bad already ruu seven hundred money. For any re~son, eit.her for its insufficiency or because this and eight.y f~t of tunnel under this rock before that time. money is not needed at any particular place, it is within tho discre- Mr. CONKLING. Why do you read the report of 1874 when there t.ion of the Secretary of War to witbhohl this expenditure. There- is a. report of 1875 7 fore we are not to be charged heTe, and although we make a mistake Mr. SARGENT. For several reasons; in the first place to show in this appropriation of $8.000, whicll has been fully discussetl and that in 1874 they estimated for $600,000 and we gave them a quarter carefully examined, and although this mistake is made l>y Congress, of a minion. Now they estimate for $450,000 and we give them still it does not follow that perforce of this appropriation the expenditure a quarter of a million, showing that the same authority which would must be ma..d.e if it is a needless expeniliture, although at tho time condemn the reduction the ye~r before-and I do not remember that the appropriation is made it appears to be required, as in case of this t.bere was any particular controversy over that-would condemn.it particular pier. now, and furthermore showing that the engineers are extruvn.ga.nt in We have also provided in this very bill that the differences exist- .- 1876. CONGRESSIONAL ItECORD-SENATE. 5395 ing between this ra.ilroad company and the Government of the United Mr. ALLISON. I have sent for it, I will state to the Senator, and States with reference to this pier shall be adjusted, and if they are in a moment will have it read at the Clerk's desk. I think I had it not adjusted the Attorney-General of the United States shall take once; bnt I am not certain. propet· means to see that the intere!f..s of the Government are pro- Mr. EDMUNDS. When I handed this letter to my honor::tble friend, tected in this regard. Therefore it does not appear to me to be nec- and after be had read it and banded it back to me, he did not com- essary to speak constantly of this pier at Cleveland, Ohio, as an ex- municate to m~ that he was aw-:tre of any inconsistency; but· I had ample of the general character and nature of this bill. the impression that he rather sympathized-of course_it is not right I have one word to say with reference to lieU Gate. As was truly for me to state private conversation, and I do not mean to state it- said lJy the Senator from California [Mr. SARGENT] the appropriation but I mean to say that I have the impression that be o~ght rather to this year was as large as the appropriation -last year. The estimate sympathize with the suggestions ma-de about the piers at Cleveland. - this year is $150,000 less than t.he estimate last year. The length But wLat I want to get at now as amatt.er of justice to a worthy pub- of time within which this appropriation may be expended is only lic servant as to exactly where this inconsistency comes.in, and this six m011ths. These river and harbor appropriations are contiauous is supposed to be it: appropriations; they are not appropriations like others for fiscal UNITED STATES E.sGINEER OFFICE, years. Therefore au appropriat.i on made at the next session of Con- . Buffalo, New York, February 25, 1876. Brigadier-General A. A. HUMPHREYS, gress will take effect immediately upon the a(ljournment of Congress Ohiej" of Engineers, United States .Army, Washington, D. 0. or upon the passage of the appx:opriation bill; so that this $250,000 is GIU."ERAL: Afte;r replying w the Department telegram of ro-day in relation w practically an appropriation for six months for this improvement at the reduction of estimates, I found that I had misunderstood it and bad only re- Hell Gate. If they could only expend profitably aQd economically as ducetl the aggregate one-third mstead of to one-third. I h:we conseqnenlly sent a they estimate $450,000 in a year, they can expend 11rofita1Jly and eco- second telej!i·am , in which I suggest the followin.g appropriations: Toledo, $75,il00; nomically then only $'250,000 in six months. Whether this be a great Sandusky, $25,000; Cleveland, $50,000; Eri~, f50,000; Buffalo, $85,000. Total, $285,. 000- national enterprise or local enterprise in which the Senator from New Bein_g one-third of the Department estimates, ($855.000.) York is specially interested, we have given him and that particular It will be seen that I do not recommend a rtluuction at Erie. improvement as large a sum as can be expended until Congress shall Is there anything else in the letter that the Senator tLinks touches have another opportunity of making appropriations for that improve- this mutter T ment. Mr. ALLISON. There is one other clause . .Mr. CONKLING; Will the Senator allow me one moment f Mr. EDMU}.fDS. I will re~u it clear through in order to be sure. Mr. ALLISON. Yes, sir. Mr. CONKLING. Am I right in supposingthattheSenatorsa.id that It is the only natural harbor on Lake Erie, and the only harbor Pennsylvania. has on the lake, and needs constant att-ention. The work at Toledo and Sandusky can- there were only two or three months remaining when work conld _be not be economically executed wit.b smaller sums t.ban were f!I'aDted last year. done at Hell Gate, thereby meaning that it went on only during the Cleveland can, I think, get along very well with the $50,000, which I estimate the summer season t · same as last year. Mr. ALLISON. I did not say that. Mr. ALLISON. That is all. Mr. CONKLING. .! thought the Sena.tor said that. I wish to say to .1\Ir. EDMUNDS. My friend says that is aJl. him, if he does not know it, that winter as well as summer is an ad- C. E. BLUNT, vantageous time to do that work; Lieutenant- Colonel Engineers. Mr. ALLISON. Not having said that, it is not necessary, of course, You will observe, Mr. President, that there is no hint here of any~ to reply to it. I said this: that last year, with an estimate of $600,000, thing about the east pier at Cleveland at all; and if you turn to · $250,000 was appropriated. This year, with an estimate of $450,000, the estimate which I suppose somewhere is in detail, I venture to $250,000 is appropriated, and that when there are bnt six months left assert-not merely do I believe, but I venture to assert, tho.u gh during which these appropriations may be expended until another without the knowledge myself-that there is no estimate anywhere appropriation can be ~ade. This estimate was made for a year, and in the Engineer Department from this gentleman of anything for the Congress will meet agaJn in December. east pier at Cleveland. Mr. CONKLING. I understand the Senator to mean that it is an Mr. ALLISON. There is nothing. appropriation for six months f Mr. EDMUNDS. My honorable frienfl says there is nothing. Now .Mr. ALLISON. That is what I mean; and that after that time I should like to know where the inconsistency comes in. another appropriation will be available. Mr. ALLISON. The honorable Senator from Vermont read a letter Mr. CONKLING. How can the Senator mean that, when we are in which, if I understood the reading of the letter correctly, this en- talking about tte fiscal year, and the fisca} year does not end until gineer states that this breakwater at Cleveland is unnecessary and tLe 1st of July f Is not that more than six monti.Js from this time f a wastefLll expenditure of public money, perhaps not using those Mr. ALLISON. I undertook to explain the fact that these river exact words. I simply stated that the same engineer had recom- and harbor appropriations are not appropriations for fiscal years. mended the committee to insert that item, and therefore we had in- They are continuous appropriat.ions, and if we make an appropriation sert-ed it. If that be inconsistent, then I said he was inconsistent. next yea1· and that appropriation is passed on the 4th day of March, If that be not inconsistent, then I did not say he is inconsistent. it is immediately available. It is not only available for the fiscal Mr. ED~IUNDS. Then my friend is not speaking of the east pier year beginning on the 1st day of July, 1877, hut it can be entered upon at all f on the 5th day of March. Mr. ALLISON. Not at all. Mr. CONKLING. Is not this appropriation available until next Mr. ED~1UNDS. I only delay the Senate as an act of justice to Julyt this gentleman, because I think when I get his letter-it has gone Mr. ALLISON. Thisappropriation isavailableuntilitis exhausted, to the reporte~Js room; it will he back in a minute-my friend will ' if it be next July or if it be ten years from this time. see he has done him an injustice; even about matters not connected Mr. CONKLING. Then why do you say there are only six months with the east pier, which are only incidental in this letter; for I am in which it can be expended¥ bound to say of all the Engineer Corps, taking them at large, and this Mr. ALLISON. I say the estimate was made for a year. This ap- person in particular, whom I never saw but once in my life, they are propriation may b0expended within six months, when another appro- men who endeavor to do their upright duty according to the light priation will be made available for Hell Ga.t.e. I .do not wish to they have, without fear, favor, or affect.i on. No politician, no states- occupy time with reference to this bill. I only wish to say tha.t the man even, no anybody, as I believe, can swerve the gentlemen of that conference committee-made the best a-djustment of this bill possible. corps, speaking of tllem in general, and this gentleman in particular, When we fO'Ilnd there was a disposition on the part of the Honse to one hair from 1be brave and upright performance of duty. reduce the appropriation at Hell Gate, we insisted upon the appro- Mr. ALLISON. I trust t.he Senator will yield to me one moment, priation at Dunkirk, as was stated by my colleague upon the com- that I ma,y state what I did say. The Senator stated that this late mitt-ee, [Mr. SARGE ' T,] and the Honse also insisted upon it. They letter which the engiuer wrote had been sllown to the committee. In insisted that Dunkirk should be included within these appropriations, justiee to the committee I said it had been so shO\"\'ll after the report because the harbor at Dunkirk is open two or three weeks before the of the commit.tee had been made. harbor of Buffalo is opeu, and they said the ha.ruor of Dunkirk should, Mr. ED~IUNDS. I said that myself, when it was too late to do any therefore, be maintained. The House insisted that Dnnkirk should good. · be kept in the hill and we agreed to it, and agreed to tho reduction · Mr. ALLISON. 1 did not so hea,r the Senator say. What I did say for Hell Gaw. All of the ditl'erent appropriations which have been was that if this engineer had written to the committee, or through cb anged by the conference committee amount in the aggregate to only the proper Engineer Bureau, the comfllittee might have had early $151,000. • . knowledge of these troubles and difficulties at Cleveland. That is The PRESIDENT pro tempo1'e. The question is on concurring in what I complain of. I do not know the engineer at all. the report. Mr. EDMUNDS. Ah, ~fr. President, when we come hack to the east Mr. CONKLING. I ask for the yeas and nays. . pier we find that the Engineer Bureau never recommended anything The yeas and nays were ordered. for it at all. Mr. EDMUNDS. The Senator from Iowa, as I understand, to whom Mr. ALLISON. I was not speaking of the east pier. I showed the letter that I .read from an engineer, while I was not Mr. ED:\1UNDS.- Therefore this engineer in that respect had no present said that tllis gentleman had made a re.commendation incon- occaai•m to write to t.he Engineer Bureau at all. Some politician sistent with what he states in this letter. I ask the honorable Seua- foisted this contrivance for the benefit of this railroad company into -tor from Iowa to produce that recommendation in order that we ma.y this bill somewhere. Of course by politician I mean a statesman, Gee whether it is inconsistent or not. who had tile large interests of national commerce at heart. That i~ 5396 CONGRESSIONAL RECORD-SEN.l1TE. AUGUST 10, what I mean by politician; I do not mean it offensively at all; quite The result was announced-yeas 36, nays 10; as follows: the reverse; but it wa..~ very evident that the country could not live YEAS-Messrs. Allison, Antbony, Bayard, Bogy, Booth, :Burnside, Cameron of another year unless this east pier was taken care of. Between the Wisconsin, Christiancy, Cluyton, Cooper , Davis, Dennis, Edmunds, Ferry, Freling· city and the railroad, away up out of the necessities of the vrotection buysen, Gordon, Harvey, Hitchcock, Howe, ln~alls, Kelly, Key, McMillan, Maxey, Merrimon, Mitchell. Norwood, Oglesby, Padaock, Patteraon, Ramlolph, Ransom, of commerce, there bad been dredging and railroad occupation, &c., Sargent, Saulsbury, West, and Witbers-36. so that the city and the company had got into a little difficulty aa to NAYS-Messrs: BoutwPll, Cockrell, Conkling, Dawes, Eaton, McCreery, Morrill, who should pay for it; and they harmonized their difficulty, as it is Wadleigh, Wallace, and \%yte-10. ABSEN T-Mess1-s. Alcorn, Barnum, Bruce, Cameron of Pennsylvania, Conover, always very comfortable to do, by agreeing that the United States Cragin, Dorsey, Goldthwaite, Hamilton, Hamlin, Johnston, Jonesof Floriua, Jones should pay for it, which would settle their disputes at once. of Nevada, Kernan, Logan, McDonald, Morton, Robertaon, Sharon, Sherman, Spen• I come now to the point that my friend seems to rely upon as show- cer, Stevenson, Thurman, ·windom, and Wright--25. ing that this gentleman has recommended one thing and baa then So the report was concurred in. criticised it. Let us see if I can find that precise place, because I do Mr. EDMUNDS and Mr. SHERMAN addressed the Chair. not want to reread the whole letter. What this gentleman says as Mr. SHERMAN. I call for the regular order. Hhowing the way appropriations get into these river and harbor bills, Mr. EDMUNDS. I want to enter a motion to reconsider the report. the necessities of having an appropriation an issue and some member Mr. ALLH50N. I want that motion disposed of now . . of Congress running upon it from some particular village, is: Mr. SHERMAN. The motion to reconsider will give rise to debate The idea. of the ver:v breakwater which bas been commenced at Cleveland was, I and I prefer to go on. I c~ll for the regular order. The Senator believe, start-ed as a. help to election by a former member of Conbrress, and the changes from Vermont can make his motion at any time to-day. rung upon it in the papers with that object. My own private opinioT' iA tbat Cleve- Mr. EDMUNDS. I enter a motion to reconsider the vote by which land could get along verr well withontit; and as a. "harbor of refuge," "the game the report was concurred in. is not worth the candle.' Mr. HOWE. I move to Jay the motion to reconsider on the table. That is what the Senator alludes to. Let us turn to what his com- Mr. SHERMAN. I called for the regular order before the Senator mand was from the chief office here: ''You are commanded to reduce from Vermont made his motion, and stated that such a motion would your estimates by two-thirds so as to leave only one-third." Con- give rise to debate. gress had already commanded the erection of this Cleveland break- Mr. HOWE. There is no debate about a motion to lay on the water, which the ice in thatlakeevery.year kicks over and draws out table. · the piles as a d€mtist will draw out a tooth; and it always will un- Mr. EDMUNDS. If I have made my motion to reconsider I am en- til we get a great cycle, when the democrats come in; for instance. titled to the floor, and I have a little something to say upon it. Of course it will be so hot there then that there will not be any ice Mr. SHERMAN. I called for the regular order before either of and the stumps will stay i~ just aa they do in the Cape Fear River, these motions was made. or wherever it is, where we have an appropriation to pull out the The PRESIDENT p1·o tempore. The Senator from Ohio calls for stumps of the "late unpleasantness" that are still there. They will the regular order. stay; but on t.his present occasion this man, a.cting under a law of ?t-Ir. EDMUNDS. Do I understand the Chair to decline to enter CoDgr.-.ss passed before, is called upon to estimate bow much is my motion to reconsider f I ro~:~e and addressed the Chair and was necessary to go on and keep these teeth in the sand that the ice recognized, and entered my motion I think before the Senator from every winter pulls out; and be says so much. Then he is ordered by Ohio called for the regular order. tele~aph to reduce by two-thirds~ and he does reduce so much. What The PRESIDENT p1'o tem,pore. The Chair will ask the Senator justification baa my friend from Iowa for saying that there is any from Ohio if be rose and demanded the regular order before the Sen- inconsistency in his mechanically performing the duty of reducing ator from Vermont moved to reconsider f the old estimate to keep these teeth in the sand, and his statement Mr. SHERMAN. Icansaythati did. The Senatorfrom Vermont, that as a harbor of refuge it is good for nothing, and aa a work of however, immediately rose afterward and ma-de his motion. I called public improvement that can be made to stay it will not operate, be- for the regular order purposely, because I inferred from the vot.e of cause everybody who goes there in the winter sees how it is that the Senator from Vermont that he would move a reconsiderationf they cannot be kept in f I fail to see the slightest inconsistency be- The PRESIDENT pro tentpore. The Senator from Ohio stating that tween the two statements. That is all. be rose before the Senator from Vermont, the Chair· will then rule The PRESIDENT pro tempore. The question is on concurring in as this report was considered subject to the regular order that the the report of the committee of conference, on which the yeas and Ham burgh resolution is before the Senate. nays have been ordered. Mr. EDMUNDS. Suppose I say that the Senator from Ohio did not The Secretary proceeded to call the roll. rise before I did f Mr. SAULSBURY, (when his name was called.) I am paired on The PRESIDENT p1·o tempore. The Chair would then submit it to all political questions with the Senator from Pennsylvania, Mr. CAM- the Senate. ERON, and I am not sure but that he would regard this aa a political Mr. EDMUNDS. I supposed we stood on equal grounds here. question. Mr. SHERMAN. The Senator from Vermont can make his motion Several SENATORS. This is not a political question. afterward. Mr. EDMUNDS. It is not a political question, except so far aa it Mr. EDMUNDS. I propose to have it settled now whether I have affects States. made it or not. 1\Ir. SAULSBURY. I will vote "yea." Mr. SHERMAN. In order to prevent the delay of public business Mr. SHER~·IAN. I desire to state that my colleague [Mr. THUR- by a political discussion, I now surrender my right to the fioor1 be- MAN] and myself are paired on general topics, leaving it to my judg- cause I will not stand in the way if the Senator desires to make a ment where I thought we should differ. I really do not know how motioD. he would vote on this bill, and therefore I shall not vote. I should The PRESIDENT p1·o tempo1·e. The Senator from Ohio surrenders vote against the report, but I withhold my vote. the floor and the Senator from Vermont enters a, motion to reconsider Mr. McMILLAN. My colleague [Mr. WINDOM] is at present en- the vote by which the report of the committee of conference was con- gaged in a conference committee and is unable to be here at this time. curred in. He would vote for the report. Mr. EDMUNDS. I had entered it before; but I did not enter it Mr. McDONALD. I am paired with my colleague [Mr. MORTON] for the purpose of filibustering against this bill at all. I was told on political questions. I am not certain how he would vote on this while the yeas and nays were being taken-! am now speaking on question if he were here, and therefore, not being certain, I decline to the motion to reconsider, which is debatable-that the Senator from vote. Iowa commented on the impropriety, aa it appeared to him, of Colonel The roll-call was concluded. Blunt writing a private and unofficial lett.er to me as bein~ a thing Mr. ANTHONY. I am paired with myself on this question. There that an officer in the Engineer Corps ought not to do. Am 1 stating are some portions of the bill that I want to vote for very much. the Senator from Iowa correctly, for I was not in the Chamber at the Some of the appropriations I think are necessary to preserve the pub- moment when he is supposed to have made such a remark T lic works, but I think some are very injudicious. Upon the whole I Mr. ALLISON. I said this: that if this engineer officer had made will vote " yea." these communications to the committee, the committee would have Mr. ALLISON. The Little Narraganset was rather doubtful. had the information that the Senator from Vermont had and would. [Laughter.] have had the benefit of his views upon this subject; or if he had sent Mr. EDMUNDS. Is it in order to make a little speech f I should these communications through the regular channel, as I supposetl like to explain my vote. Army officers were bound to uo, the Committee on Appropriations The PRESIDENT pro tempore. It is not in order. wonld have hatl the benefit of his communications upon the subject Mr. EDMUNDS. It is only in order for friends of the bill; that before the report was made. I say now that I think it was exceed- is all. ingly indiscreet for this officer to arraign members of Cougress in a The PRESIDENT pro tempore. The Senator from Rhode Isln.nd had private, unofficial letter for seeking appropriations for personal enus a right to state his pa,ir. . and gains and to have that letter read here in the Senate as a means Mr. EDMUNDS. Had he a right to state his reasons for going for of showin~ that improper appropriations were in this bill; and per- the bill f haps I saia. in substance the same thing before. Mr. MITCHELL. I am paired on all political questions with the 1\lr. EDMUNDS. Mr. President, so far as the first part of the ob- Senator from Alabama, [Mr. GOLDTHWAITE.] Not considering this servations of my honorable friend from Iowa is concerned, that if the a political question, I vote " yea:'' engineer had informed the committee they would have had the in- I I 1876. CONGRESSIONAL RECORD-SENATE. I 5397 formation, I can tell him that they had the information as soon as I of him. He does not write to my friend from Iowa baving the bill had; and, as I stated before, all this information about this east-pier !n charge though not the chairman of the committee, because he . business arose out of what took place in the Senate, and therefore might feel that it would be an intrusion, but he ventures on an old there is no accusation which can justly be made against anybody in and casual acquaintance to write to a gentleman he happens to know, that respect. It was jumped into this bill somewhere or other in one believing that that gentleman would not be slow as an honorable House or the other, I do not know where, but I believe in this body man to communicate what information he had, offiQial or unoffi- in some way. cial, to the proper party and to the Senate at once. AP. to the second branch of my friend's observations, that it was Mr. ALLISON. Bot the Sena,tor mistakes my point entirely. It is very indiscreet in this gentleman-because I think it quite probable not that he wrote a letter t.o the Senator from Vermont ; it is that he be is a gentleman still, if he has ventured to write an unofficial letter stated in that letter what he omitted to state before, and which if to me-to write a letter to me instead of writing to his superiors in stated before might have prevented an expenditure of money. Now the Engineer Bureau. That depends upon the question whether an as I am up I want the Senator from Vermont to show me the law Army officer, because he is employed in the Army, bas lost all the which directs a breakwater at Cleveland, Ohio. If there is such a characteristics ana qualifications belonging to him as an American law I have no knowledge of it. These appropriations are made from citizen. If my friend from Iowa supposes that to be the case, then it year to year in the discretion of Congress. was very indiscreet, not to say very improper, that one citizen of the Mr. EDMUNDS. If there was no law for it, that would make it a United States happening to be an Army officer should venture to writ.e great deal worse, because my friend is as responsible as the engineer to another citizen of the United States on a topic upon which that is, and a thousand times ~ore. My friend makes the law and con- other citizen had something to say without the authority of his supe- trols the law and repeals the law; this engineer does not, and if rior. That is the question. I think, Mr. President, that is a question there is no law for making estimates for a pier at Cleveland, if there that answers itself. This gentleman has not writ. ten this letter to me has been no previous provision of Congress, t.hen my friend stands in his capacity as an engineer at all. I stated and read most explic- without any excuse in going in for $50,000 for this thing until he itly that the lett-er was a personal letter and unofficial. himself in some proper way has investie;ated the subject and knows 1\ir. ALLISON. Will the Senator allow meT He does not want to it t.o be a proper object of public expenditure. misrepresent what I meant to say. • But, Mr. President, I did not mean to prplong this debate even this Mr. EDMUNDS. By no means, because I did not hear it. much. I heard, being called out for the moment, that something had Mr. ALLISON. It is not that he wrote a letter to the Senator from been said that seemed to reflect upon the honorable and proper con- Vermont, but it is that be communicated to theSenatorfrnrn Vermont duct of this gentleman, and knowing of him rather than knowing statements with reference to this breakwater, which, if communi- him in any broad sense, knowing of him as I do, I felt bound in doing cated to the committee in time: might have influencecl them with justic~ as I wish it to he done to me, to vindicate as far as I could by reference to this appropriation. Now that letter goes upon t.he rec- a simple statement of how the thing occurred any reflection that ord here showing that the Committee on Appropriations recommended might be made upon this gentleman. an appropriation of $50,000 which is of no practical utilit;i. There- Mr. HOWE. I move to lay the motion to reconsider on the table. fore I say that this engineer officer diu an indiscret thincr in not say- Mr. CONKLING. I want to ask a question of the Chair before we ing publicly to his superior officers what he did privatefy and unof- vote on that. ficially to the Senat-or from Vermont. That is the complaint I make. Tho PRESIDENT pro tempore. Debate is not in order. Mr. EDMUNDS. If the person was entitled -to write me a letter Mr. CONKLING. That is one reason why I was not going to de- at all, I suppose he was entitled to say something in it. bate because debate is not in order. I believe it is still in order for Mr. ALLISON. Undoubtedly. a Senator to know what he votes on, and if necessary to ask a ques- Mr. EDMUNDS. There would be no use in writing me a. letter tion of the Chair; therefore I respectfully submit this question-- that did not say anything. H evidently would not do me any good, The PRESIDENT pro tempore. The Chair only did it to do his duty. and it would not do the Senate any good, or my friend from Io~a any He has been criticised before. good, unless he has more potent powers than he has been suspected Mr. CONKLING. I am obliged to the Chair, but I did not intend of, and t,hose which he has are very considerable. to violate a well-known rule of the Senate. My inquiry of the Chair His point is that this gentleman ought to have communicated to his is this: A motion being entered.to reconsider, and a motion made to so]5erior officers what he communicated to me, arising out of his seeing lay that on the table, and that prevailing, does not the motion for re- the debates and the facts that he perceived that I bad been somewhat consideration lie on the table subject to be taken up at any time Y obnoxious-! will take a phrase that will suit the majority of the The PRESIDENT pro tempore. It lays the motion to 1-econsider on Senate-in opposing appropriations and schemes ~r appropria~ions the table, and leaves the bill stand passed. that I did not believe to be justified by the public interest. My friend Mr. EDMUNDS. That I do not agree to for one. says that this gentleman ought to have communicated all that before Mr. CONKLING. If the Chair makes that ruling, I respectfully to the Engineer Corps, to the headquarters. What had he to com- !l.ppeal from the decision of the Chair in order that I may say a word. municate f No such proposition existed as to this pier, and as to the 1t, may not be very important upon this bill; it is of some importance other we all agree how it did ar.ise. I stated before that Congresti iu the usage and practice of the Senate. I humbly submit to the had by law made this thing inoperative, and he was called upon by Chair and to the Senate that that cannot be the rule of this body. In the Chief of Engineers to report how much money it would take to the House of Representatives it is the rule by rule; and a Clliltom- do a particular mechanical t.hing. He reported it and all the other ary motion is when a bill is passed to move to reconsider the vote by engineers did, making 14,000,000 in the whole all over the country. which the bill was passed and to lay the motion to reconsider on the Then he gets a telegram from the Chief of Engineers of the War De- table, and when the House so vote that puts an end t-o the whole partment, "reduce your estimates for this work by a certain percent- controversy. That is by a rule in derogation of parliamentary law : age." In obedience to orders he does exactly that thing, which leaves but by the rules of this body everything upon the table of the Sen- $50,000 for Cleveland. ate is pending, and everything pending may be considered by the Mr. ALLISON. That is not the request, if the Senator will pardon Senate. Now a Senator moves to reconsider a bill. That arrests the me. bill. The Senate lays on the table the motion to reconsider. The Mr. EDMUNDS. What was itT Chair suggests that that carrif!S the bill beyond the power of the Mr. ALLISON. The request was to reduce the total of the appro- Senate. Still the motion to reconsider is pending, but it is a mere priations within his district one-third. empty ceremony. The ruling of the Chair takes away the substance Mr:EDMUNDS. That is wha't I mAan. of the whole thing; and when a Senator calls up the motion which Mr. ALLISON. He might have omitted the Cleveland breakwater has be~n laid on the table, to wit, the motion to reconsider, the bill entirely, and it was his duty to omit the Cleveland breakwater if in has forever gone; and yet ali t.he time the motion to reconsicler is ·• his opinion it was a useless expenditure of money. pending. I submit that is not the law. Mr. EDMUNDS. The Senator begs the very question. The Chair may be able to lay his band upon a bill passed for the 1\ir. ALLISON. I do not think so. He omitted other places and relief of AP.bury Dickins. That bill was passed, a motion to recon- why should he not have omitted the Cleveland breakwater Y sider was entered, and that motion was laid on the table. When was Mr. EDMUNDS. That I cannot answer why he should or should it f It was the last clay of the last session of the Congress, and every- not; but when he is commanded to reduce his estimates so much, thing fell with the expiration of that session. Of course the motion and Congress having by definite legislation provided for Cleveland to reconsider was not pending ; it lay on the table of the Senate and a certain conttivance of breakwatel's and public works, he evidently the Senate had died as to that session ; without going into the ques- did not feel authorized to fly in the face of the l::tw, and accordingly tion of whether it is a continuous body or not, a complete end had he did it. Now the Senator criticises this gentleman because after arrived of that Congress, a.nd therefore everything fell. this matter has at last engaged some slight examination and criti- Some Senators around me will remember a discussion, a very ani- cism, some little exposing of it to the light, and h~ sees the course of mated discussion, of this question in executive session tw~ or three debate, he writes personally to another person as two citizens of the years ago where a motion was made t-o reconsider the vote confirming United States write to each other. Be ilid not write to my dis- a nomination. A motion was made by a Senator from Iowa then, not tinguished friend from Iowa, I suppose, because he did not dare-1 now, to lay that motion on the table. A very heated discussion took will not say dare, for he is an Army officer, bnt because he clicl not feel place as to the effect of it, ancl it was helcl in that case that the mo- at liberty, for I do not want to say anything that can be in the least tion to reconsider being laid on the table was exactly in the position degree irritating, and my friend knows that I do not mean it; I only to leave it a pending motion before t.he Senate, because at any mo- want to defend the honor and reputation of this ma,n that I bAlieve ment it was in order to move to take up from the table that motion in entirely from what I bear of him rather than from what I know lying there. That I understand to be this very case. A Senator 5398 CONGRESSIONAL RECORD-SENATE. AUGUST 10, moves to reconsider this vote. I have already disclaimed any inter- I voted on the wrong side. You can ,jnst take the vote in a &econcl est in this particular question; I feel none. If it were my motion and refuse to reconsider, and the thing is doue. I do not want t.u say to reconsider I should be entirely willing to withdraw it; but I want another word.. to preserve if I can uniformity in the action of the Senate, and at aH .Mr. SARGENT. Suppose we do that. events I should like as one member of the body to understand its Mr. ED.~IUNDS. I did not make the motion to delay the bill. rules. A Senator moves to reconsider this bill. That he has a right Mr. SHERMAN. I have no objection to that course. to do. That arrests the bill. Another Senator immediately moves to Mr. EDMUNDS. Let the motion to lie on the table be withdrawn. lay that motion on the table. That vote is ta.ken. That umler all Mr. HOWE. I withili·aw that motion. the rules of the Senat-e leaves the motion pending before the Senate. The PRESIDENT pro tempore. The Senator from Vermont moves No Senator will deny that. to reconsider the vote by which the conference report was agreeered that the l:l.rgest a~gregate of :floor. I have no right to surrender the regular order. the public debt wM not reached nntil after the 1st of J nly, 1835. The The PRESIDENT pro tempore. Tlle Chair understood the Senator public debt advanced in the next year to 2,773,236,173.69; so that from Ohio to say that he withdrew and abandoned; that was the term the amount that has been paid by the repnblican party of the pub- he usetl. lic debt, instead of being, a-s I said, $500,252,802.59, ia, in fact, Mr. SHERMAN. I never have seen a member of this body treated $592,841,106.54. This increase of the debt was caused by tue pay- in this way under the circumstances in which I am placed. Here a ment of bounties and large expenses in disbanding the Army that debate bas gone on that does not involve a particle of the public busi- occurred after the 1st of July, 1865. Thus the pnblic debt continued ness. The last point of it is whether or not an officer did right in to increase during the following yea,r, and the ~mount I stated was • writing a letter to a Senator. Under the circumstance I insist on the actually less than the amount that has been paid of the public debt re~ular order, and then I shall appeal to the Senate. during these eleven years of atlministration. The PRESIDENT pro tempore. The Senator from Ohio states that Having corrected the misapprehension of the Senator from West he retained the right to call for the regular order, which he now calls Virginia- for. The unfinished business is the regular order, being the resolution .Mr. DAVIS. Does the Sentttor prefer not to be interrupted! of the Sena.tor :qom India.na [Mr. MORTON] to print extra copies of Mr. SHERMAN. What do yon want f the Preside~t's message in relation io the ma.ssacre at Hamburgh, Mr. DAVIS. If it is objectionable to tho Senator I will not inter- South Carolina. nose. Mr. SHERMAN. Mr. President- AMr. SHERMAN. If I havo misquoted anything I will stop to cor- Mr. SARGENT. I yield, as the demand is made on my courtesy, rect it; but I have giYen the Senator the exact data. Here is the the intention which I had of asking the Senate to lay this aside that report of the Secretary of the Treasury and here is the statement for we might :finish the pending bill. I will take an early opportunity to July, 1876. If there is any inaccuracy in these papers, point it out. call it up again. There is none. Mr. WEHT. Is not the pending bill :finished f When the Senate adjourned last night I bad endeav-ored to show Mr. SHERMAN. I think it is. that the last clause of the democratic platform as to the resumption Mr. EDMUNDS. No one w~nts to debate this matter any more. I act was a concession to the soft-money men of that party; that it only matle the motion in order to do what I thought an act of justice. was opposed by Govornor Tilden :md his section ; that he wa again t Sever!tl SR..llfATORS. Withdraw your motion. it; that it wa a mere political after-thought, intended for 1he Indiana. Mr. EDMUNDS. I e statesmanship. I think, is better than a quotation. 1 know that Governor Hendricks What Governor Tilden says as to wise preparations is eminently appeared in our canva-ss last year when tho democratic party waa true; but where bas the democratic party in its action in this House committed to the wildest ideas about inflation. of Representatives-and it now has the power of Congress practically Mr. McDONALD. And so did I; but neither Governer Hendricks in its hands-shown a disposition to adopt wise preparations J The nor myself ever advocated inflation of the currency, antl if the gen- resumpt.ion act was passed in January, 1875, aud since that time the tleman is not prepared to state that he "h.as, I am prepared to state power of the House has passed into the hands of the democratic party. that he ha.s not. · What wise preparations have they suggested, proposecl, or adopted f Mr. SHERMAN. I know one thing: No one suspected a.ny differ. None whatever. As I will show you, Governor Tilden points out ence of opinion between Governor Hendricks and the democratic party what those preparations should be; but they have devised none. of Ohio, while the Senator from Indiana, I will say to his credit- did. '\Ve, however, by the resumption act, did provide for wise preparation say openly and above boa-rd that he was a hard-money man and did by a. gradual reduction of the greenbacks, by a gradual retirement not approve of some of the positions taken by the democracy of Ohio. of bank-notes, by authority ~iven the Secretary of the Treasm-y to There was the difference. sell bonds and accumulate com, and by the authority given the Sec- Now let us go a little further. Not only has Governor Tilden sur- retary of the Treasury to replace the fmctional currency with silver rendered his opinions, bnt he now gives us a plan for resumption; coin, and thus to retire it from the field of redemption. Thus we have and I think he is the first democratic statesman that has gone so far proposed and put into the law of the land all the necessary measures as to put his hand to pen and paper and say what measures for re- of preparation that are needed to carry out this act. And then, be- sumption he is willing to advocate. Many of them, no doubt, are fore the time comes for redemption, we.have armed the Secretary of bard-tnoney men like my friond from Delaware, who is honest and the Treasury with all the power over the public funds and the public sincere, constant always in voting for measures to promote specie pay- credit. But what act has been passed by the democratic party or ment; but these democratic leaders have been '\"ery chary about put- proposed by any member of it in the nature of a wise preparation T ting pen to pa.per and advocating a specific measure for resumption. None whatever. Governor Tilden has done so. I will examine the plan ho proposes. But that is not aU. He object-s to the time for redempt.ion and sa-ys He says: it is not well to fix a timo for redemption. Why, sir, I have shown How shall the Government make these notes at all times as good as specie f It lwre to the Sena.te again antl again that by the experience of all na- ha~ t{) provide in reference to the mass which woulu be kept in uso by the wants of tions and States a.nd communities who ever resumed. specie payments business, a central reservoir of coin adequate to the ailjustment of the tempo- after having had a suspension of them, a time bas been fixed, and rary fluctuations of international balances, and as a guarantee against transient drains artificially created by panic or by speculation. It has also to provide for the that time has been worked up to. The great example is that of Great payment in coin of such fractional cmTency as may be presented for redemption, Brit-ain, where, after a suspension of eighteen years, they fixed a. time, and such inconsideroble portions of legal-tenders as individuals may from time t{) having to postpone it once or twice· but :finally it was upon a· law time desire to convert for special use, or in order to lay by in coin their little stores fixing the time for resumption that Great Britain resumed after her of money. wars with Napoleon. That is not all; the United States Bank did ·what does Governor Tilden mean by this f He means to hoard the same. In the State of New York tlleydid the same. In France, gold and silver. I am quite sure that in ma.uy States of this Union the most intelligent financial country, where their financial mea-sures the proposition from a democratic candidate would be regarded as are studied with more care ·a nd more scientific research than in any strange to hoard gold and. silver, one of the devices of the decaying country in the world, even in their 'recent trouble they fixed a time despots-I have not got the phrase strong enough-" effete desp6tisms for restmlption, and are now going through the process of resumption, of Europe;'' this is one of the plans to cheat and rob the people, this tbe time having been fixed; and before the time fixed. they will re- hoarding of money. How often have we heu.rd the changes rung on sume upon the specie standard. So again in the State of New York. that phmse. Now ho proposes to accumulate gold; but in this re- Twice when tlie banks were suspended in that State, by the action spect how does his proposition differ in the slightest degree from that of the Legislature, a time was fixed aml they worked up to it. B.y of General Grant in his annual message T !lave you not heard that the act of Governor Tilden himself a time was fixed in the State of proposition come to the Senate over and. over n,gain from republicans T New York to resume on the very day that the United States propose President Grant stated it in his last message which I read la.st night to resume. I have here an act passeu by the Legislatme of New iu a more distinct way than Governor TilU.en has presented it. He York, approved by Governor TilUeu, passed a few months after the speaks out in plain Anglo Saxon, aml aul- I would to God that many of the declarations made by Senators on this tures seek the carcass. You selected a. Doorkeeper on the sole ground of his ex- floor and Representatives in the other .House could be carried outancl perience in the same capacity in the confederate cougress, and you summarily turned him out because he honestly wrote to a private Friend what you all folt but that you wholovelawandorder,whoha.verespectfortherightsofothers, dared not. say: that office was a good thing to have. It was hard on Fitzhugh, for the poor M well as the rich, would. prevent and punish t.bose atrocities he was not the only man on the floor that felt "biger than old Grant." when they occur. If you do not, whether you are in power or oat You turned out clerk after clerk, gray and experienced in duty, and filled their of power, these unpunished crimes, these bloody ghosts of men sent J>laces with partisans. · · You removed disabled Union soldiers and filled their places with others of an· prematurely to their end, wi 11 haunt you every day of your li ~es. other stripe, and would have made a clean sweep but for the popular indi~ation. Yon are chargeable with them; your friends ancl your associates have Yon refused at first clerks to some of the committees, but have surreptitiously done these things. Upon you rests tho responsibility of putting down and in detail appointed more clerks than evor before known. You have twice exhausted the contingent fund of the House by needless and ex- these atrocities. I know my friend from Kentucky would do it as travagant sum!! e~.tponded for witnesses on trivial matters, and have run up bills to readily as I would, but we have no power; we cannot spread the arm be met hereafter of frightful amounts for malting and printing your invest1gations. of the nation all over the Southern States. 'Ve must depend upon You ha.vo insult-ed the President by resolutions demanding his authority for the you to protect these blacks. The people of the North have been gen- exercise of his official functions outside of the city of Wa&bmgton, ancl have been ignominiously convicted of ignorance of law and of history by hit~ crushin~ reply. e.rous to the people of the South. Our history has not been marked. You have demanded elaborate reports on aJl m&nner of subjects from the De- like the history of other nations, hy bloody reprisals, by executions partments and hindered the public service by exacting these replies on matters after war was over, by confiscation, by wrong, and by outrage. No which had already been officially reported and were in print. . IJlood was shed after the war was over; no property was taken; all Such is the foretaste of the reform we have bad in the House of the offenses committed in the war were forgiven and forgotten. You Representatives. That is the only branch of our National Government were in due t.ime, and very speedily, restored to political power. You that is now in possession of the democratic part.y. Where is Barclay, have in your hands eleven or twelve of these Southern States. You who survived during great numbers of administratioUB t Whm·e are are responsible for everything that occurs there. Every act of vio- the aoltliers of -t.he Union Army, many of them wounded and disabled f lence and murder is charged to yonr account, and you owe it to your Nearly aU gone, a clean sweep; to use a phrase that I never heard manhood to put down these things. You must not teach tlie south- before, although I am told it is common in some sections of the coun- ern people that we hate you, or wrong you, or would do yon injnsticl:'. try, they are "bounced." Nine months of such experience is far So help me God I never have felt such a feeling, and I do not believe more suggestive than an elegant le"'er ou civil-service reform. that is the feeling of the people of the State of Ohio. We would be I have read to you, Mr.Presidenti, every part of the democratic plat- glad to see you prosper. We sharo in your prosperity. Your develop- form which 1·olates to currency or the public debt. I have presented ment, your wealth, your growth all inure to our benefit as well as you Jl!.Y views of such questions. I now say in conclusion that while yours. God forbid that we should ever seek to oppress you in any these questions aro important and instructive, that while we must way by unjnit laws or the exercise of unjust power. take care that issues manufactured to deceive and to mislead the peo· Go on and develop yonr country; cultivate your fields; build up ple are fully dellated, while cunning devices to frame a platform with yoar manufactures; improve your rivors and your harbors if yon a double construction mn&t be exposed, I am bound to say that the will, and we will aid you. Do all that you can to develop your counlry. real question is whether tlle old democratic party will be able to What you do is for the benefit of us all. We are all of one country, bring together a united South with a fragment in the West and a under one flag and one Government. The worst thing that coulcl fragment in tile ·East and thus secure politiCal power. It is not any happen to the people of the Souther,n States, in my judgment, would hope or promise of reform that will secure success to this movement. be the success of the democratic party in this election, IJecause that Ou the question of civil-service reform, while you have the promise sncce...<~S conld only be brought about by a nni ted South. In Louisiana of Governor Tilden, you llave also the promi e of Governor Hayes, and Alabama and Mississippi and Sont.h Carolina a majori-ty of the and he has added to that promise a self-abnegation of all illea of re- people consists of negroes emancipated by republican -policy and now e1ect.iuu. GovornorTilden promisestosupport a constitutional amend- in terror from innumerable murders committed in those States. If ment tllat will prevent him from running; so upon this matter tile in the great convocation where the electoral vot.e is counted, we see two great and distinguished. candidates n.re even. the votes of States counted for the democratic party when we know Dismiss these things. I tell yon, Senators, that tho controversy into that the natural instinct, the sense of duty, the sense of obligation, which we are about to enter will not turn npou the financial !]_ne.s- the natural feeling of the ma-jority of the poople, are with the 1·epnbli- tion. I have discussed it; I have discussed it here because I thought can party; if you bring the votes of those States by violence and it was my duty to do it, and not very well -prepared eitllcr, in reply to fraud to yonr aiel, it will ue a short-lived power that you will exer- the ingenious commentary of Governor Tilden on the democratic oise. We will not resort to arms; we will not make a revolution; we platform. I have pre~:;ented that platform. I have presented his com- will" not make a secession; but a public opinion will be aroused iu all mentary, and I have shown you tha.t it is made up of empty promises, the free States that the Southern States must be just to those wllo vain as air, bearing a d.onlJle construction which will not be exe- have been freed by our policy or we will sec ore them justice. Other- cuted if the democratic party is brought hack to power. But the wise the power of numbers in t.he North will bo eA.erciscd against you roal question of this campaign which every day has been rising and again at the ba.llot-box. If you carry these States by fraud or force, will still rise above the clouds until it is seen in the heavens by every watchful eyes will be over yon; millions of free people will be watch- citizen of the Unit-ed States is whether the ·democratic party shall be ing you. If you give the negroes a fair vote,.if you only usc that in- restored to power again in this country of ours. That is the issue, not fluence which your superior wealth and superior intelligence gi \'e you upon the financial question, not upon the question of civil-service re- over thoir minds, well and good, i& is your rigllt anti duty; but if you form, but whether from the elements and composition of that pa.rty violate the law, if yon U8e intimidation, mnl'der, or that namelcs.CJ it is safe again to tru t power with the men who were driven from feeling of fea.r which may check an ignorant population from e.xercis- power in 1860, a portion of whom waged war against us1 a portion of ing their rigllts, you will gain no permanent results from it. That is whom voted aga.iust us, and all of whom now when t.uey are back my conviction. again are resisting and opposing so far as they can all the great meas- I say again that for myself, although I claim to be a republican al- ures that we, the republican party, have placed upon your Constitu- ways, I uover have felt a-nd do uot now entertain one single feeling tion :md your statute-books. These are the questions. of unkindness against the southern people. I know that the great Sir, during this long struggle the democratic party has been simply body of them went into this war with honest motives; I feel that a party of opposition. You have proposed nothing; you havo op- they were wrong. I know their success would have been to their in- posed everything we have done, and ·therefore may be classed dis- jury. · If they had succeeded in establishing a sonthern confederacy in tinctly as a party of opposition. If, therefore, yon are restored to the southern part of this country of ours, we should have been war- power it is a reaction, it is a restoration ; it is such a 1·estoration as t.he ring nations, hostile race , anll ceaseless controvor~:;ies would have people of England had when t.hey re11tored Charles II to ROWer after been waged, as between England and Scotland, unti~ both under one the commonwealth under Cromwell. And, sir, another rebellion in banner were reunited again. Gentlemen, it wa-s well for ,you that · 5404 CONGRESS!ONAL RECORD-SENATE. AUGUST 101 this war ended as it did. It was well for your future that it was so. continue ancl establish upon a safe basis the endming guarantees won It was best for us all. in the war. And, gentlemen, allow me plainly to tell you that thou~ we are Now, .Mr. President, why can we not enter into this great conteot willing to do you absolute justice and share with you all political with a manly spirit, each man presenting his own clear convictions, power, yet we do feel that we were the victors in this great war, and boldly and fearlessly trying to secure a fair election, and by tho vote that our idea.s, our principles, ancl our policy should prevail in the of a majority of the people of the United States in the form of the administration of the Government wbi1e the issues of the war are electoral college select a President of the Uniterl States T I believe pending. The arbitrament of war settled these issues in our favor. that the safety of all, north and south, east and west, the good of These issues are written upon tl1e Constitution and are the supreme our country, the record of history, demand the success of the repnl>- law of t.he land. We do not think it safe to trust you with the ad- lican party. I am glad to say that the standard-hearer of that great ministration of these great safeguards of liberty over men whom you party is one of the citizens of my State, a man in the full vigor of have held for generations as slaves. We frankly say we cannot trust life, a man unblemished in name, character, and reputation, with a to the democratic party the power to guard and protect the rights strong manly intellect, one of those self-made men who receive that have been won by the war. I deeply regret that political parties nothing from the mere factitious circumstabces of fortune or wealth, in this country are not based upon other issnes than the issues of but bas made his own way from the time be enterec.l a school-boy the war. It would be far better for the South if one-half of the white till be became a. member of Congress and a general of your Army, a vote was now voting the republican ticket and one-half of the black brave soldier without one particle of feeling against the South, and vote with the democratic ticket. But when the white men by their full of kindness to his countrymen in all sections of our nation. I policy seek to combine all the Southern States into a compact polit- believe it is for the best interest of the people of the United St.ates ical power and by force and fraud vote the negro against his wishes, that thlii man, thus taken from the ranks of the people, unaffected they establish a conviction in the mind of every man who supported by political combinations, unembarrassed by any pledge whatever, the northern cause that they are determined to revive and to continue should be intrusted wit.h the high power of President of the United the old contest and the old i!~sues. It is for this reason this convic- States. Governor Tilden with all his promises, with the record of tion is now deepening upon the northern mind; and it is this con vic- the democratic party behind him, and with the tendency and action t.ion that more than all else impresses me deeply with the absolute 1 of the democratic party to guide him, ought not to be trusted with necessity to preserve the power of the republican party in order to 1 power. · APPENDIX. Receipts of the Governmtent from July 1, 1865, to Ju,ly 1, 1876, inclusive. RECAPITULATION OF ·NET REVEWE BY FISCAL YRARS. .I I :Miscellaneous sources. Year. Customs. Internal rev e-1 Direct tax. Sales of pub- Premium on Net reTenue. nue. lic lands. loans and Other miscella.- sales of gold neous itoms. coin. 1866 ••••••• ••••••••••••••••••• .•••.••••..•••.. $179,046, 651 58 $309. 2"26, 813 42 $1,974, 754 12 $665,031 03 38, 083, 055 68 ~.036,314 23 $.158, 032, 620 06 1807 ···················-······ ................ 176, 417,810 AS 266, 027, 537 43 4, 200, 233 70 1, 163, 575 76 27, 787, 330 35 15,037,522 15 490, 63·1, 010 27 1868 ·•····•••••·•••••••••••· •.•••. ·•••·•••••• · 164, 464, 599 56 191,087, 589 41 1, 788, ].lj 85 1, 348,715 41 29,203,629 50 17, 7~5. 403 59 405, 63a, 083 32 1869 .••..••.•••.•••••••••••.•••..••••••••••••. 180, 048, 426 63 158, 356, 4GO 86 76:\,685 61 4, 0'20, 344 34 13, 755, 491 12 13, 997' 338 65 370, 943, 747 21 1R70 ..•.........•••..•..•.•·...•••••.•••..•.•. . 194, !'38, 374 44 184, 899, 756 4!1 2"29, 102 88 3, 350, 4B1 76 15, 295, 643 76 12, 942, 1 U! 30 4 Ll, 255, 477 63 1871 .......................................... 206,270,40 OJ 143, 098, 153 63 580,355 37 2,~8,646 68 8, 892, 83!1 95 22, 093, 541 21 323, 323, 944 89 1872 ........................ ~--···. ··••· •.•.. . 216, 370, 286 77 130, 64:..!, 177 72 ·········••a.•••• 2, 575, 714 J 9 9, 412, 637 65 15, 106, 051 ZJ 374, 106, 867 56 1873 ........ .................................... h :!8, 089, 5i!2 70 113, 729, 314 14 315,254 51 2, 882,312 3il 11, 560, 530 89 17, 161, 270 05 333, 738, 204 67 1874 ..•..••..••..•••••.•.••.••••••....••.•••. 163. 103, 833 69 102, 409, 784 90 . .................. 1, ~.52, 428 93 5, 037, 665 22 17,075,042 73 28!), 478, 755 47 1875 .......................................... 157, 167, 72~ 35 110, 007, 493 58 . ................. 1, 413,640 17 3, 979, 279 69 15, 431, 915 31 288, 000, 051 10 18'16 ••••••..•..•..•••.••••••••••.•.•••••••••• . 14~, 071, 9o4 Gl 116, 700, 73'..! 03 93,798 80 1, 129, 466 95 4, 029, 280 58 17, 456,776 19 2b'7, 482, 039 16 -1, 973, - -589,-621- 26- 1, 826, 185, 813 61 9, 947, 330 l:l4 ------ ------ - - - - - -4,-1!12,-633,801 22, 790, 357 60 167,037,384 39 193, 083,293 64 -·- - 34 Mr. McDONALD obtained the floor. I ought to have been adhered to; in other words, the Secretary's state- Mr. DAVIS. The Senator from Indiana is kind enough to give way for a moment only that I may say a word in connection with what has been stated regarding the public debt. The Senator from I ment, or the Register's stateme11t, but when t.he Senator comes to make his deduction of $500,000,000 for tenor eleven years be changes from one statement to the othe1·, which, I submit, ought not to be Ohio this morning referred to the statement which I made yesterday done. evening about his being mistaken in the amount of the reduction of I want to say one word more and I will then leave the debt state- the public debt. I then sought in a polite way to ask the Senator ment. The Senator spoke of the bill relative to 4i per cent. l>onds. whether I understood him correctly, and the Senator turned to me He charged the House of Representatives with being acconntaule for to know what I wanted. I will tell him what I want now, as be is not having the reduction made of interest from 6 or 5 to 4t, and says through. In 1865-'66 the public debt, as reported l>y the Register it was their fault that it has not been done. The Senator knew bet- and as remodeled by the then Secretary, in round numbers was ter than I can tell him that in 1B70 there was an act pa-ssed giving 2,680,000,000. In 1875-'76, at the same date, it is 2,232,000,000, being the Treasury the right to change $300,000,000 from 6 to 4i, aud that a. reduction of $448,000,000 instead of $500,000,000; and these figures act is in force to-day, but not one dollar, as I understand, has ever are taken from the finance reports. been changed from 6 to 4t per cent. Those bonds run fifteen years. Mr. SHERMAN. I am very happy that the Senator bas made that 'l'he difference in the bill which we passed was that we gave a longer statement, for now I think I can correct him. I took eleven years. time; that is all. Mr. DAVIS. Allow me to go on and I will yield directly. Mr. SHERMAN. All I desire to say in reply is that my friend has Mr. SHERMAN. All right. only made a mistake in omitting one year. I said eleyen years from Mr. DAVIS. I want to go on and the Senator will have a little the 1st day of July, 1865. more to answer. If you take the debt statement in 1865, before it Mr. DAVIS. To when t was remodeled in 1871, you will find that it differs about 2,000,000 in Mr. SHERMAN. To the 1st day of July, 1876. that year. In other words, there is a change of about $2,000,000 Mr. DAVIS. Tha1J is just what I took. there, which would make no difference as to this statement. Then if Mr. SHERMAN. Very well; here are the papers. Here is tho rc- you take the monthly statement which the Senator quoted from, we port of the Secretary of the Treasury, a. statement of the outstanding find it is 2,180,000,000, leaving out of question the interest. Includ- principal of the public debt of the United States, from the 1st of Jau- ing the interest it is $2,218,000,000. If you take the lar~est amount nary, each year, &c. I gave the amount $:J,680,647,000. as reported in the report of 1865, and then take t.h e smaller amount Mr. DAVIS. That is right. as reported in the debt statement, the Senator is correct; but I sub- Mr. SHERMAN. I took the statement of the principal ofthe pub- mit is it fair, is it right, or is it proper, in one instance to go to the lie debt now, the total debt, $2,180,395,000, and deducted one from reports of the Secretary of the Treasury, or of the Register, and take the other. the amount that he reports, and then when you come to 1875-'76 to Mr. DAVIS. .Will my friend allow me a momentf go to the monthly debt statement Y Of course, if you take the higher Mr. SHERMAN. Certainly. Does he desire to make any correc- and the lower, the difference may be as great as tho Senator says ; tion f but bear iu mind that it is admitted on all hands that there are about Mr. DAVIS. No, sir; I am not denying the statement, but I beg four different statements for each year's indebtedness. In other the Senator's pardon, he has changed from the debt statement as re- words, if you take the monthly debt statement, if you take the Reg- ported hy the Secretary Oi' the Register, and he takes that from the 1ster's statement, or the Secretary's statement, they all uiffer. Now, finance reports; but when he comes to take hls reduction he takes it then, if the reduction is to l>e looked at properly the same statement not from that same re-port-- 1876. CONGRESSIONAL RECORD-SENATE. 5405 Mr. SHERMAN. But I take it from the monthly statement because mony contained in them except that which is brought from one party to this is a year later. · that affair; but yet with all r.hat they are much fairer, much less par- .Mr. DA.VIS. I beg the Senator's pardon. tisan in their character, much better calculated to give to the country Mr. SHERMAN. The statement is as late as this year. This brings a correct idea of the transactions than the comments which have been it down to the 1st of July. The book was printed six months ago. made on the Hamburgh matter in the partisan press of t.he country~ Mr. DAVIS. And the year was out six months ago. . or the comments which have been made on documents contained in .Mr. SHERMAN. But I brought it down to the 1~t of July of this this message by Senators upon this :floor. It is because they Clo tend year. to furnish to ~:;orne extent and in some degree light upon this transac- Mr. DAVIS. Either the Senator or I, one of us, is mistaken in the tion by which the people of this country can form some correct esti- statement. The book which he holds in his hands is for the fiscal mate of its character t bat I prefer these documents shall be published, year ending J nne 30, 1876. rather than that such statements as have been made in regard to the Mr. SHERMAN. This book was printed six months ago, and how affair shall go before the country. Among the accompanying docu- could it bet ments the most reliable statement is that furnished by the a.ttorney- Mr. DAVIS. Why, Mr. President, the Senator knows that that creneral of South Carolina, not of what he saw, not of any fact that 1875 means the fiscal year alway~, and that comes np to June 30. lie knows of his own knowledge, but such ·facts aa he gathered after Mr. SHERMAN. Eighteen hundred and seventy-five! the affair had occurred while visiting the scene and from tho sources Mr. DAVIS. It means the fiscal year 1875, and comes up to June, which he has here state(l I desire to call the attention of the Senate 1876. to his own statement of his sources of information: Mr. SHERMAN. No, it does not. The Senator is very much mis- My information bas been derived chiefly from Trial Justice Rivers and from the taken. The year that we are now going upon is 1876-'77. We have testtmony of persons who have been examined before the coroner's jnry now in made appropriations now for the year ending the 30th hall support it for the reason found that Mr. Butle1: is entirely innocent. His support of Butler's st.ated by my colleague when he introduced it., that the people of t.his cuaracter as a man authorizes me to refer to the stat.ement that But- country may have some light upon. the subject. It is true that these ler has made, in which he shows that in the violence that transpired doc~ments are a parte in their character. They do not profess to draw there he took no part, and that so far as he did act he attempted to the1r facts from more than one side of the question. There is no testi act as a mediator for peace. It has been said on this floor, and I 5406 CONGRESSIONAL RECORD-SENATE. AUGUST 10, sl1all call the attention of the Senate more directly to the statement The _C hief Clerk read as follows : hereafter, that this military company had surrendered .their arms. The poor, misguided, uneducated colored militia. 'company supposed that thov There is not one word in any of th{\ papers connected with this report had some rights as :1 miHtary (}Ompany to occupy tho street as well, and th t~y did that authorizes that statement. They refused to surrender their arms. not let them er into the con>enicnt and friendly State of statement is contained among thE;} documents that have been snb- Geor·gia, which was the nearest it llancl, he told some of the ~young men that there mitted to us and for publication of which this resolution is pending. was trouble brewing, for a considerable nnmbet· of whites also had begun to as- semblo over in Hambur~h. aml that ti.Je young men had better go oYer a nil see what On that question be says: was going on. That is the ruihlest way of putting it. So they diu f!O of"er; :md a The ne!ITOOS were fortified in their driU.room, in a brick builrlincr known as Sib- large organized mob, under tim command of »omebody, assembled there. ley's corn~er.and they raised a yell a.ud firetlfrom the winuows, which wasrespontled Mr. PATTElltiO~. Takin{! a cannon with them, too. to by the whites, and a. genora.l Jlting took place. . Mr. EoMPNDS. And taking a cannon with them. Then this nc~ro company re. treated, without firing a shot, without injuring the property or lil>('rty of any hu- That is the statement of one of the parties from the outside. That man being, into their arn1ory wbif-.h for the purpo3e:> of that case and at that time is a statement that has not been made at any time in t.he presenta- was their castle as m'1ch as your house or mine i.e; ours; and this mob trained their tion of this case to the Senate and to the country during this cliscus- {!llns upon them and threat~ncd to destroy the whole lot if they diu not surrenuer. Then there was tmbulence, a little violence, and some shooting, I believe. Finally sion. There is one point upon which both the attorney-general in tho colored company on a parley onga,l!ed to lay down their arms, which tho_,. bad his report and Mr. Butler agree, a poiut also that has been stuuiously only rait>ed in self.defen o, and surrtmder them if tboy could be protected. They kept out of the disco ion, t-hat is, as to who were the first suff~rers dirllay down th('ir arms and surrendered-laid down the1r arms to a bony of men in this unfortunate affair. The attorney-general says: who harl no more ri,2ht to demand it than it has that you shall leave that chair at t-his moment and threaten to ~le and rcsponsihle citizens of the States of South Carolina. and Georgia.. On that point Mr. Butler says:· Not a very great while after the firinJ:t began, Mr. McKee Merri wethor, a most 1\Ir. McDONALD. Now, Mr. Preside!lt, I do not think that any estimable young man, was shot through the head and killed. Not a negro bad then person could listen to the two st.a.tements, the statement of the attor- been touched- ney-general of South Carolina giving a naiTative of this transaction, And then he says, what you might naturally suppose would occur- and tho statement of tbe Senator from Vermont in umlertaking to characterize that transaction, and suppos5 that they referred to the lind Merriwether's death naturally infuriated the already excited crowd, and they were nnder the leadership of no one. same thing at all. It is stated by the Senator that there wa orne little trouble after they had retired to the armory; that a parley took place Then this company of negro militia exhausted their ammunition. betwet'n them and the force outside; tllat upon that parley they sur- It is stated in the report of the attorney-general that the company renclered their arms, and after they had thus surrendered their arms had brought little ammunition, and all they had was a portion of and were taken prisoners then this shooting took place. Tho circum- that issued to the company when it was organized. After they bad st.ances that. caused tb;tt mob to become infuriated, the killing of the exhausted their ammunition then they sought safety by flight. They man Merriwether before any other person was hw·t, is kept stu<.liou~ly had not surrendered their arms; they never surrendered their per- out of sight.. sons or their arms. But there are other points to which I wish to refer very briefly. Mr. PATTERSON. I should like t-o ask the Senator if he has read These transactions arc to be sent out to the country for their consid- the evidence f The evidence is that when the negroes fled to the eration. It seems to me that when comment.ing upon ex pm·te testi- building the parties outside brought a cannon to bear upon it, and mony a greater degree of care and caution not to exaggerate should had commenced firing on the building with the cannon. That is when be observed th:l!l where the te timony is presented on both sides. they fled. That is tho evidence. But the partisan purpose of the comments we have listened to is Mr. McDONALD. The affidavit of the captain of the company is plain enough to any one. It is to continue to incite and agitate tbe among these documents, and he states that he constructed a modo of sectional prejudices of one section of the country against another by escape for them from the back part of the building. I am giving firing the northem heart, as it is sometimes termed, against the peo- this narrative, this e-x parte narrative we are called upon to publit~h ple of the Sout.h for the purpose of controlling tlle election and keep- to the country, and I am giving a1so what I understand even this ing 1he present party in power. e.x; lJaJ·te testimony to present in regard to this case. I state again The governor of So nth Carolina has sent his view on this question that there was no surrender on the part of that negro compauy. with the documents which he transmitteu to the President, and it is When they fled from the building thoy secreted themselves and were in that statement alone that you can finfl. any trace of a political hunted and captured one by one, not upon any surrender. I do not affair in this Hambmgh matter; and this is to be found in the innu- say that that authorized, justified, or excused this infuriated mob emloes of the governor of South Carolinn, not in any statement of shooting down the colored men they had thus captured; but it has facts, because he was not pre ent.. He does not pretend to give any been constantly presented to the Senate· and t.o the country by those fact within his k-uowledge, but he h:ts stated some facts that to a who have undertaken to discuss this question that tho negroes had certain extent contradict his assumption that there was any political ~iven up their arms peaceably, that they had surrendered their arms purpose in thls difficulty. He says: mto the bands of white men anu snrrendereu their persons, and that then, without any outrage having been committe(} by them, wiLhout any I .do not intend to overstate any matters connected with this affair, nor to 'omit statement which seems to mo essentia-l to a full nnclerstanding of its signifi- any act being done that could justify heated blood much less such an cance. It i~ oorlainly tme that most, though not all. of those who havo spoken atrocity as followed upon it, the~· were taken ont and shot down in · through tho newspapers or otherwise here, on tho whito or democratic side, npon cold blood. But the attorney-genoral stat.es no such case at that. this matter, have condemned th11 maasacro.. Their opposition to such conduct has not, however, sufficed to prevent this massa.cre, nor do I see any greater reason for After the firing bad begun, it was returned by the militia, and one of the attack- believing that it will do so in the future. ing party, McKeo Merriwether, was shot throujrh the hca1l and instantly killed. After this a piece of artillery, said to bolong to the Washington Artillery, of Au- The.i r opposition, be says, has not prevented it. He gives them tho gusta. was brought o>er n-om Angn:;ta ancl four charges of canister wore fired credit of having denounced it. It w:ould be ve1·y bard for them to f.t-om it upon the armory, but without injurin:; any one. The persons in the ar. prevent it, not being preient to exercise their influence over those mory escaped from tho rear by means of ladders, antl hid unller floors of adjacent who had become a mere mob umler the circumstances of that affai-r. builclings or wherever else thev could find shelter. It would be very difficult for those white democrats of South Carolina . He goes on then to state that some twenty-five coloreu men were who have denounceOik for the grC'at refurm movement. Mr. Dt'rliok, people over whom :Ue Will! attemptin~ to exercise the powers of a ruler, and Holmes of tbe First Bllpfut Church, (colored,) publishtll in the Enquirer of this city a card declaring their a1Jflgiance to the radi({al party, at the same time and especially when it was a.u admttted fact th.:'lt they owned four- saying they arc for peace and prosperity. .Kow, these two declarations are in con· fift.bs of all the property in the State and consequently contributed flict with each other. You cannot sene God aml tho devil at the same time. I four-fifths of all money that went into his pocket on account of the warn these ~entlemen now of the fearful calamity which their present course will services be was supposed to have roodered them. entail upon tho colored people of the South. years we have seen our people marched to the polls and compellt~d to vote Mr. BOUTWELL. Will the Senator from Indiana allow me a mo- forFor any man brought out by the radical party, without regard to his moral charac- ment! ter or fitness for tho office. This has been practiooll all Ot"er tho South. 'I' he men Mr. McDONALD. Certainly. thus voted for or put in office ha-.e plundered the southern peopltl in the most Mr. BOUTWELL. I do not quite understand tho position which shameful manner. Every State where they havo had the opportunity bas been sunk beneath a burden of debt. Bchc.lcl the cunnin~ duplicity which they prac- the honorable Senator takes in regard to the matter of etiquette. I tict>d upon our pe.ople in the Freedmen's Bank fraud, as well as in many other understand him to sa.y that Governor Ames was first military gov- instances. In Washington, right under the eye of tho Government. they had a ernor, then United States Senator-- board of public works which plundered tho tlish·ict government in the most Mr. McDONALD. I shall not give way for a speech. wretched manner. The report of Ron. B. B. DOUGLAS, of Virginia, and Ron. W. S. STE~GER, of Pepnsylvania·, expose the most startling frauds pmcti&d Mr. BOUTWELL. Oh, I am not going to make a speech. upon us at a time when we were helpless and confiding in their friendship. It Mr. McDONALD. }'or any question I am ready to give way or if turns out to have been a scheme concocted for the t"cry purpose of robbing- our I make a mistake I am ready to be corrected; but I ca,nnot permit a poor people. They have robbed Ot"ery State go,·ernment in tho Soulh where' they Senator to put a speech into mine under the plea of asking a question. have had the chance. They havelaborecl steadily to keep us arrayed again~t the white people of our section who nrc our I.H:'tst friends. They have only used us as . Mr. BOUTWELL. I want to know if, on the ground the Senator political fools. True, they hat"e kept a fow colored men in office, but it ha:~ been takes, Governor Ames should have called on the people of Jackson. to do their dirty work. The position of Messrs. Derrick an warn his people not to hat"e anything to do with Mr. McMILLAN. Therefore be was regarded as a carpet-bagger, me. .At Rev. R. Wells's church they indorsed Mr. Derrick as a good radical. and nobody would associate with him. I also he.ar from good antboritythat l:.Ov. Mr. DeiTick belongN to one of the Hayes and Wheeler. clubs of this citv. :Mr. McDONALD. Through the aid of the negro votes n.nd a few If they are "for peace anll prosperity," why have these gentlemen witltin the lost po1itical adventurers, wbo did not represent tbe property or the peo- six months used every means to persecute and d1ive out of t<>wn the pastor of the ple under his co-ntrol, he kept himself there; and yet when this aacnt. Navy llill church, bec:mse he choose.s to differ with them in politics1 Why do they went down ior the purpose of looking into the afiairs of that S~a.te ing use their churches for such unholy purposes, and then pretend that they ha>e noth- to do with politics 1 he thongli4;. that it would be a proper thing to bring this governor It ¢.vea me great pain to speak of the outrages practiced against me and my into some kind of acquaintanceship with the men of property whose church of lat-e. Tho whole neighborhood of my cliurch bas been canvasse(l aue threatened to burn my house The Senator from Soutll Carolina says that Governor Chamberlain and church; they have left no stone unturned to the colored people at large, that these are t.hinp:s which they cannot State. The objection that I have bad to this discussion anu to the overlook. The fir&t thin~ for us to do is to ruake full and manly reconciliation with misuse that is made of these difficulties, these race collisions, arises the whites l\IDODI! whom we live I was born in the South, and served twenty-seven from tbe very fact that men seek mere political advantage, mere po- and years of my life a slave, and I have tra.Yeled over nearly overy part of the North, I know that tho colored p eople of the Sonth are bett-eroffthan anywhere in the litical success by the use of these means rat h~r thau in endeavoring North; and I would advise onr people to be frugal and upright; educate your to understand their secret Springs lilld to bring about some kind of children, give them good trades, buy homes. get propet·ty, :md stand with our own rewedy. As one very significau"li fact theso race collisions were begun people; di·ive all carpet-bag-gers out of the South by letting them alone. and then very soon after the reco'lstnwtion policy of the republican party was have we will have peace. Bury the dead past, go in for honesty and reform, and we vfll peaco and prosperity inooed. put in force in the Southern Stat.es, anti they h11ve grown less au:U less J. W. DUNGEE. 5408 CONGRESSIONAL RECORD-SEN.ATE. .AUGUST 10, Mr. PA.TTERSO'N. Will the Senator allow me one word again T decision. The same principle has been settled in a number of other Mr. McDONALD. I will yield for a question, but not for a state- States by their supreme courts. The supreme court of the State of ment. Missom·i, of the State of Ollio, of the State of Iudi::ma, each anu all, Mr. PATTERSON. It is merely a question, becau~m I know the bad decided that where lands had been vested in a township, or a Senator did not interrupt me; and if he bad I should have yielded county, for the use and benefit of the inhabitAnts of that county or cheerfully. That statement which has been read is the statement of township for common-school purposes, it was not competent for the a colored man, I understand f St-ate, even in a change of its organic law, to take that money and Mr McDONALD. Yes, sir. blend it with the common-school fund of the St.ate. Mr. PATTERSON. Do you believe itT But again, it is complained that m her constitution of 1869 there Mr. McDONALD. Yes, sir. was a provision that she should forever set apart one-fourth of her Mr. P A.TTERSON. I ask the Senator if he believes the sworn state- entire revenue for common-school purposes, and in her present con- ment of t.hese colored men taken before this coroner's inquest T stitution she simply provides that it shall not exceed one-fourth, Mr. McDONALD. I have already said what I intended to say of vesting in the Legislature of the State from time to time the power the documents contained in the President's message. I simply have to determine what amount of her gross revenues upon her general this further remark to make in regard to that transaction, that upon levies shall be set apart for common-school purposes. 'fhis is said to the face of those documents it is clear that it was simply a race col- be in violation of the compact under which it is claimed she was re- lision, in which there was not mingled in any form any political ele- admitted to representation. Her reconstruction constitution required ment. It was such a collision as perhaps springs from the distrust that one-fourth of her whole revenue should be set apart for all time, that exists there between the white and the colored people, kept it mattered not what her common-school fund mi~ht be. It seems alive to a very great extent by those who have been using the colored from the tables that have been presented bere that she bas now a people of the South as political machines. That will account for common-school fnnd of over ..2,000,000 invested in Government bonilil, the fact that as the power of that party passes away in any southern and over sixty million acres of land, selected and nn elected, that are State these race collisions begin at, once to cease. In the State of to be disposed of and to go into the common-school fund a n. perma- Virginia, in the State of North Carolina, in West Virginia, in all the ment endowment of that fuutl. }<,rom these sources and others she States of the South except in the States of South Carolina and Lou- might pile up her school fund until she was enabled to keep her isiana, they have ceased; for even in Mississippi there has been no schools open twelve months in the year in every school district and raee collision of this character since the political power in that State extend the privilege of education to every child throughout the en- went into the hands of the democratic party. tire State out of this endowment alone, aud yet unuer this constitu- In the course of this discussion the status of the States lately in tion, which is claimed t.o be in the nature of a compact and to con- rebellion has been to some extent consiuered. The State of Texas tain irrevocable provisions, she would still be required to set apart has been taxed with attempting to throw off what has been termed one-fourth of her whole revenue to go into that common-school funl'l'Orern the threat of reconstruction vested rights of the counties with respect to t.he count.y school land and if they do not conform their action to what is claimed to bo irrevoca- school fund. It was stated in the course of this debate that in the ble condit.ions upon which they were admitted again to representation judgment of Congress-and that of cour ·e meant the mnjorit.y at that here T No, sir; we cannot have peace by such mean . Peace can time-it was highly es."entia.l that the State of Texas should have a only come when we once more have a perfect Uuion by a clear and permanent school system and that euucation should be disseminated distinct recognition of the rights of the seveml State.s uucler the con- among all her people. Por that purpose peculiar exactions had been stitution; when there shall be no distiction claimed between any made at the time of her admission with respect to that question. Yet States that are represented in the Pederal Union. it seems that these exactions had the effect to take the school fund When there shall be but one demand made upon any State, that of b3longing to the inhabitants of counties and blend it with the com- obedience to the Constitution of the United States and the laws marle mon-school fund of the State, disregarding the vested rights of the in pm'Suance thereof, arid when we shall know neither North, Soutb, counties in regard to that fund. Tho supreme court of the State hav- East, nor West in regard to the administration of those laws; when ing pronounced that unconstitutional, as aflecting vested rights, the that time shall come then we may "have peace." It will bo a peace people of the State in reframing their constitution very properly founded upon a reunion of the different sections of this country under thought that it would be a proper thing for them to make their con- the one common bond of the Constitution, and may defy even time stttution conform to that decision. There was nothing new in that itself. It will be a restoration of our olU ship of state with all its 1876. CONGRESSIONAL RECORD-;-SENATE. 5409 sail.a set to the breeze. Then it may be in the power of the whole much of that they have accomplished t where is that civil service people of this broad land to join in singing- they promised us then that should be based on these exalted ideas of Sail on, 0 shi-ll of state I capacity and honesty T Where is that system of laws which '' abolish Sail on, 0 Umon, strong and great! the evils of patronage" and "make honesty, efficiency, and fidelity Humanity with all ita fears, the essential qualifications for office T" Where are these reforms that With aJ.l the hopes of future years, they thus promised t Is banging breathless on thy fate I But, Mr. President, let me come on down to their present position We know what master laid thr, keel, on this subject. In their platform adopted at Cincinnati in Junelru:~t What workmen wrought thy nbs of steel; they say: Who made each mast, and sail, and rope; What anvils rang, what hammers beat; We rejoice in the quickened conscience of the P,eople concerning political affairs In what a fo~e and what a beat, and will boldn~blic officers to a rigid responsibility, and engage that the prose- Were shaped the anchors of thy hope. cution and .P · ent of a.ll who betray official trust shall be speedy, thorough and unspa.rmg. ' We can never reach that by constantly criminating and recrimi- nating,, and b~ dis~ortin~ the di~culties that must necessarily arise . That ~sa. most !el?arkaple declara~~n m~e less t~an two months ago from time to ttme m varwus .sectiOns of the country, particularly in m the mty of Cmcmnati. They reJOlce m the qmckened conscience the southern sections of the country, growing out of the anomalous of the people. I am one of the doubting Thomases on that subject. condition in which the people there are placed. If ,t he whole people I cannot believe that they rejoice in that quickened conscience. ,It ~ems to ~e that they are more like the. Hiberni~n who was trembling of this country, North and South, could once come together on a com- mon plane and mingle together so as to understand each other, so as to m the pnsoners' dock, and when the Judge said to him, "You need · become acquainted with each other thoroughly, then would this sec- not be alarmed, Patrick; you shall have justice done to you," replied tional prejudice vanish, then would ceru:~e these attempts to distort "Oh! fa.ith, your honor, a.nd that is just what I object to." [Laugh~ unfortunate difficulties and lawless acts that the civil authorities for ter.] When they talk about their joy at the quickened conscience of the time being may not be able to cope with or put down ; in a very the people, in view of all their surroundings, it is not strange that short tim~ anything like color line. in the Sout~ would be broken up. pla.in, practical people should doubt their sincerity. New parties would form upon realiBSues of policy and statesmanship ~~t what d~ ~~ey propose to dot Hold all pub_lic officers to a and the d3?gers that :u-e still ahead. o~ us would forever pass away: "ngid responsibility, and engage that the prosecution and punish- . M_r. P~es1dent, I desrre to sa~ something, not exactly in reply to the ment o~ all who betray o~cial t:t;nst shall be speedy, thorough, and ~st~gmshed Senator from. Ohio,[~. S~RMAN,] but upon a proposi- unsparmg." Here are therr prom1ses, what have been their perform- tiOn m the same general line of discussiOn. He concluded his very ances! What .b.aB been their pa-st record T What fruits have they able partisan speech by saying that the question now before the coun- bro:nght !orth from such an abundant bloom of promises t "For by try was whether the democratic party should be restored to power. therr fruits ye shall know them." Running along with this specious - He very properly omitted from his stand-point another question that declaration of theirs, they denounced the corruption of the adminis- very naturally arose along with that, and that is, Can the republican tration of Andrew Johnson, after they had put lt out of his power to party stand the ordeal of the trial before the bar of public opinion t remove an officer by their tenure of office law. Then four years after th~y proposed a radical change in the civil-service system by legis- Because those two things necessarily to a very considerable extent !un together. When you consider '!'hether you will bring one party la.twn, by which the patronage of the Administration should be con- mto power, you very naturally consider whether the party in power trolled so that it should no longer be given out to men on a-ccount of ought to remn.in there, whether its course and conduct have been such partisan services; and at Cincinnati they expressed their great joy as to .entitl~ it to a. sti~l furth~r lease of that power. I propose to at the fact of the quickened conscience of the people on the subject of e~aiilllle this other q~estion which runs along with the one stated by public affairs. Well, sir, in that time we have had the Credit Mo- him. Ha-s the republican party so conducted itself as to entitle it to bilier, and then came the Sanborn contracts, by which in certain ~he continued confidence of the people of this country! In his open- cases one-half the revenue was given to the party who collected the mg ~marks t~e ~enator spoke of t~e platform ad·opted by the dem- money. Fifty per cent. of the collections! That was much better ocratic party m Its recent convention at Saint Louis. He said it th~n the man ~ho · was engaged in picking up lime; he said it re- ?ODJ.!!lenced with a demand for reform. It would be very natural to qurred no cap1tal, and all that he got was clear gain but still he mqurre whether there was that condition of things now existing tha~ had to find somethiJ?,g before he realized any gains at ~ll. But un- makes such a demand proper t Has the republican party recognized der this Sanborn contract the thing was already at hand in the form of such a condition of things t I shall not examine the record of that a tax levied. "O, but," they say" was not the Secretary of the Treas- party behind the canvass of 1868, .but I shall commence with reading ury who permitted these contracts to be made ·driven from his office the seventh resolution adopted by it in its national convention of b~ the acti?n of the republican. party t" No; public opinion compelled that year. It is as follows: him to resign the secretaryship, and then he was appointed to an The Government of the United States should be administered with strict econ- office for life and confirmed by the republican Senate. That was ad- omy; and the oorruJltions that have been so shamefully nursed and fostered by ministering punishment speedily and with a vengeance. Not much Andrew .rohnson caJ.llondly for radical reform. of a vengeance! To be kicked out of an office that would expire with So it seems that when the party met in convention in 1868 it found the life of the Administration and be placed in one that would only corruption in the Government. It charges that this corruption had expire with the life of the occupant is not very harsh punishment. ~een ."carefully nursed" by Andrew Johnson, who held the pres- Then cameLeet and Stocking, young adventurers, into whose hands Idential office by the support of the republican party and it insisted was intrueted the general-order business for the port of New York that corruptions in office should no longer continue. ' and who in ashort time,lessthantwelve~onths, withoutanycapitai The people took them at their promise and elected the candidates whatever of their own, filched from the commerce of that one port they nominated on that occaaion, General Grant, and Mr. Colfax, of over $100,000. Their punishment was speedy. When the merchants J!!Y own State. Before the term of office had expired under that elec- of New York, aroused at the injustice and smarting under this extor- tion, I am sorry to say that the Vice-President was inYolved in some tion, demanded an investigation, their punishment was to let them off diffic~ties growin~ out of a Credit Mobilier and in the receipt of with their ill-gotten gains. certa.m moneys which a Mr. Oakes Ames, of the republican party Then under this Administration and under these promises of re- charged him with having received as a part of the fruits of this fraud~ form we find a firm in New Jersey, the CatteTI Brothers, who it seems ulent corpora;tion; and in his discharging himself from that charge have made enormous sums of money as brokers for contracts in the Mr.. Colfax disclos~d a very strange increase in his exchequer by do- NavyDepartment, brokerage on contracts thattheyobtained. There nations made to him by a very liberal-minded mail in the city of New i~ no corruption. about that that I know of, but it seems strange and York who had a contract with the Government for furnishing envel- smgular that this firm, one of whom was formerly, as I am informed opes. How that question of veracity has ever been settled between a copartner of the present Secretary of the Navy, should be able fu Mr. Ames and the Vice-President elected on this platform I am un- sit down at the dooroftheNa.vyDepartment and there take toll day able to state, nor is the .matter of much consequence. But the four by day and throughout the year from all who come forward to get years passed away, and It seems that when the republican party as- contracts, until the toll was counted up by thousands and tens of se~bled again in national convention they had not fully accomplished thousands of dollars. this work of refo~. In fact, matters had not improved, but had Then ~he late Secretary of War made a good thing out of the post- grown worse, and mvolved the whole system of our civil service. traderships. One post, not perhaps a very important one either for The corruptions which had been so " shamefully nursed and :fostered " we understand that the sales at that post for a year did not am~unt by Andrew Johnson still seemed to cling to the body-politic and in !rt> over $100,000 or $150,000, paid money that went almost directly 1872 they took another tack npon this question. Their fifth re~olution mto the pockets of the Secretary of War until he had received over is as follows : $21,000 in the course of four or five years, receiving it quarterly. Any system of ~ivil service under which the subordinate positions of the GoY· That was better than the tub-mill. A few such positions as that ernment ~considered rewards for mere p~ zeal is fatally demoralizing· and would make any man's fortune; and yet the speedy justi~ that ha-s we therefore favor a reform of the system by laws which shall abolish the evils of been promised has so far not been meted out, a-s far as I can understand. patr~nage .a.'!ld mak.e honesty, e!ficiency, and fidelity the essential qualifications for But there is one thing, the whisky frauds, where punishment has public positions, Without practically creating a life-tenure of office. been meted ou,t to some of the offenders. There was one Depart- That is what they said four years ago. They were going to intra- ment of the Government that was under the control of a man who due~ an entirely new system of civil service, one where honesty and seems t~ ha~e thou~ht that all: enforcemen~ of the law was a neces- effiCiency were to be the sole qualification. They proposed to strike sary obligat10n .restmg upon hrm as a public officer, andhe therefore down the syste~ by which political patronage was given to men on called around him other men who had similar ideas on that subject aecount of therr party zeaL Would it not be interesting to see how and they commeneed the enforcement of the laws and did break up IV-339 5410 OONGRESSIONAL RECORD-SENATE. AUGUST 10, a number of rich and p9werful rings that had been formed in vari- the explanation of this difference might appear it h88 been appended ous States to defraud the revenue and to contribute to the corrup- to this statement. · tion fund of the republican party for election purposes, but by no Now, it appears that these two statements for this period of time, means reached the whole of them, by no means accomplished all that however they di:ffer;as they do differ from the very nature of the ac- might have been accomplished in that way. It is true as this inves- counting for particular years, show in the aggregate for this entire tigation went on they drew nearer and nearer around the seat and period of time the same increase of the public debt by each system; center of power until it entered the very portals of the White Honse. and therefore each is a. test of the accuracy of the other. This iis- I do not believe that General Grant has any taint of personal dis- crepancy of $426,399.98, which occurred some time ago, is explained. honesty about him. I never have believed it. I believe so far as fully in detail in this account. I cannot but think that this state- his honesty and personal integrity are concerned they are with- ment presented to the Senate under the authority of the Treasury out reproach; but he had given his confidence to men in regard Department where it was made, and presented to the country, will to whom it cannot be said that they stood like him, and as this in- be conclusive upon the point which ha-s been raised ,here: vestigation went on it reached nearer and nearer to that confidence. It is true, General Grant said, and it was a worthy saying, as these Statement of the increase or decrease of the public debt in ea,oh year jr01tJ. investigations seemed to point with more directness to some in whom 1836 to 1871, incl'Usive,from the receipts and expendit·ures aerount. he had confided and trusted, ''Let no guilty man escape;" yet when it came to a final attempt to enforce the law, such arrangements were Outstanding debt.. Increase. Decrease. made, such instrumentalities used, such action taken by the courts, that another saying came in, and that was, "let no guilt-edged man be punished." I do not think that any one believes for a moment .. December 31, 1835 ---·----·--- ..•... ·---·· ..•... *$37, 513 05 ... - -- .. - - .. - -- thai these investigations would have reached their end if they were December 31, ·1836 ..••• -...... · 1336. 957 80 299, 44-& 78 .. - . - ... - ... - .. still continued to be pressed. December 31, 1837 ·----- ·----- 3,308,124 07 2, 971,166 24 ......... ----- December 31, 1838 . • . . . . . . . . . . 10, 434, 221 14 7, 12ti, 097 07 . ............. . But a very singular thing took place. The people had become con- December :n, 1839 . - ••.... ___ . 3, 57.~, 343 ~ .. -- .......... -. . . $6, 860, 877 32 scious that something wa.s going wrong. It was no idle de~laration December 31, 1840 ••• -....... 5, 250, 875 54 1,677, 53172 .. . ····· ····-- when it was stated in the republican platform that the" conscience" December 31, 1841 . • . . . . . . • • . . 13, 594, 480- 73 8, 343, 605 19 . ............. . of the people concerning public affairs has become quickened. The December 31, 1842 . -.... . . . . . . 20, 601, 226 28 7, 006, 745 55 .............. . Jnne30, 1843 ............. .... 32, 7~,922 00 12, 141, 695 72 . .. - .. . ....... . peoJ>le proposed to take the man who had inaugurated these prose- June 30, 1844 ...•. ...... ...•.. 23,461, 652 50 9, 281, 269 50 cutiOns and that reform-I mean the people represented in the re- J nne 30, 1645 . . . . . . . . . . . . • . • . . 15, 925, 303 01 7, 536, 349 49 publican party-and put him at the head of aftairs and see if on be- J nne 30, 1846 . . . • . . . . . . . . • . • . . 15, 550, 202 97 375,100 64 mg placed there he would accomplish for the whole system of Gov- Jnne30,1847 ·-····-----·-···· 38,826,534 77 2.1, 276, 331 80 ... ..... - ..•.. Jnne30, 1848 ··-··-·-····----· 47,044,862 23 8, 218, 327 46 .. .... . ....... . ernment what he waa endeavoring to accomplish iD. one Department June 30, 1849 ·-----· --·---.... 63,061,858 69 16, 016, 996 46 . ••••• . .••.• --. of it. But the people were not represented at Cincinnati, and be was J nne 30, 1850 . . . . . . . • . . . . . . • • . 63, 452, 773 55 390, 9H 86 . ..... , ....... . not placed there, and then in a very short time he was invited to "step June 30, 1851 ....... ·--- --.... 68,304,796 02 4, 852, 022 47 . ........... --. J nne 30, 1852 ........ _____ . __ . 66, 199, 341 n . - - - - - . - - . . . . . . . . . 2, 105, 454 31 down and out," and those who aided him most in carrying on these June 30, 185.1 ..•.. ·--·-··----- 59,803,117 70 . - • - - - . - - - - ..•. - - • 6, 396, 224 01 investigations and bringing these whisky rings to justice were one J nne 30, 19.."i4 ....•...•.•.•• _• . 42, 242, 222 42 . - - - - - . -.. - . . . . . . . 17, 560, 895 28 by one invited to "step down and out" until a complete change was June 30, 1855.- •.. ••••• ...•.. 35,586,956 56 ···-···--·--···-·· 6,655,265 86 made. Now · I will say of that Department, instead of that Sec- J nne 30, 1856 ........... _.. _. . 31, 972, 537 90 ·--·--···-···----· 3,614,418 66 Jnne30,1857 .......•...•..... 28,699,831 85 ..•......• - . . . . . . . 3, 272, 706 05 retary, another good man has been placed at the head of the Depart- June 30, 1858 .. . -- •. ·-----. .. . 44,911,881 03 16, 212,049 18 ment, but whether he can accomplish the work which was thus J nne 30, 1859 ..•....•. _. • . . • . . 58, 496, 837 8H 13, 584, 956 85 oommenced as one who had already his hand upon the work and wa-s J nne 30, 1860 . • • . . • • • • . • • . . • . . 64, 842, 287 88 6, 345, 450 00 engaged in going forward to its completion is a very different ques- J nne 30, 1861 .. -- -- . . • • . • . . • • . 90, 580, 873 72 25, 738, 585 84 Jnne30,1862------··--------· 524,176,41213 433, 595, 538 41 tion. But what a commentary on the pledge of the republican party June 30, 1863. ·-·. ·--- __ ·----· 1,119, 772,138 63 5!15, 595, 726 50 to see that speedy punishment should be meted out to the guilty. June 30. 1864 .••.. ·-·--- ·----· 1, 815,784,370 57 696, 012, 231 94 The guilty are permitted to escape, and the man who attempted to Jnne30, 1865. ·----··-----··-· 2,680,647,869 74 864, 863, 499 17 bringthem to justice is driven from. office in disgrace. June 30, 1866 .••.... ··----· .•. 2, 773,236,173 69 92, 588, 303 95 June 30, 1867 ..... --·--- ·-·--· 2, 678, 126,103 87 95, 110, 069 82 It seems to me that when this canvass opens and we come to con- June 30, 1868 ..... ·----- ...•.. 2, 611,687,851 19 66, 438, 252 68 sider whether the democratic party shall be restored to power the June 30, 1869.-- .. ·----- --·--· 2, 588,453,213 94 23, 234, 637 25 people will not find it difficult to· decide between that party which June 30, 1870 •••..•.•...•.. __ . 2,480, 672,427 81 107,780,786 13 can point to its past record on which no taint of dishonesty rests and the republican party which has only made promises to break them. Increase .•••••..• . ---·-- ·----- ·---·· ----·· 2, 836,894,734 21 356,222,306 40 The verdict in regard to the republican party will be, "Weighed in the Decrease·--·--.---·.--. ·----- ·-- --- -----· 356,222,306 40 balance, and found wanting." Outstanding .... --·----- ··----. -- ..•....•. 2, 480,672,427 81 .Mr. BOUTWELL. Mr. President, I do not rise for the purpose of continuing this debate, but rather to lay before the Senate tables *The item of "interest on old debt" i.e not included in the outstanding in the "re- touching one or two questions that ha::ve been the subject of discus- ceipts and expenditures" account nntil1837. sion recently in the Senate. First, I ask attention to a table, which Old nnfnnded debt $27,437.96, old Treasury notes $5,755, and Missis- I will send to the reporter to be printed when I have considered it, sippi stoc"!' $4,320.09 .. _..... ·-·- .. --· ... ------ . ------ .••.•..•• . ....•.. t37, 513 05 Unclaimed mterest and principal of old debt ..•.••....•...•.. ·----- .... ~,576 00 showing the public debt of the United States each year from 1836 to 1871, when the cha,nge was made in the system of stating the ac- Total·-----·----· . -------··------------ .. ··-·-------------------- 291,089 05 --- counts in.the Treasury; This table is made up upon each of the plans Statement of the increase or decrease of the public ckbt in eaoh year from which have been the subject of discussion. One of the tables shows 1836 to 1871, inclrunve, from the issue and redemption aooount. the debt each year by the receipts and expenditures account, and the other table shows it by the issues and redemption account. The Ontatanding diffe:~ence has been frequently stated to the Senate tba.t the issues debt. Increase. Decrease. and redemption account is the account in the Register's Office of I boB.ds and other securities which have passed through his Office, whether they have been actually issued to the public and the pro- January 1, 1836 ----··. --·---· ..•.. -- ··-·---. --. *f291, 089 05 ·- -· ------ -·-- -- ceeds received or not, and also the amount outstanding a.s appears J;mna.ry 1, 1837. ·---- ..... --· f1,878,223 55 1, 5!!7, 134 50 •• -------------. .fanna.ry1, 1838............... 4,857,660 46 2,979, 436 91 ---------------· from his books on a given:day whenever there is a settlement, whether Jannary 1, 1839 ..••. --···. •• . 11,983,737 53 7, 126, 07'7 07 or not some of those securities have been actually redeemed by the Jannary 1, 1840 .••. -- ---·-··· 5, 125,077 63 .--·- ------· -----· .--f6;858; 659"90 Treasurer and have not been entered on the books of the Register. January 1, 1841. .. --·- .. ,. --· 6, 737,398 00 1,612, 320 37 ·-----.- -- ·----- The amount by receipts and expenditures represents the public debt January 1, 1842.............. 15,028,486 37 8, 291,088 37 . --------------- by warrants covering into the Treasury the proceeds of bonds sold, January 1, 1843.--------··--· 26,898,953 33 11, 870, 466 96 . - -- -- - -- ... - - - . July1, 1843.-----------·----· 27, 203,450 69 304,497 36 · --·--·-··--··-· and also by warrants authorizing the issue of payments made on ac- July 1, 1844 .••••• ·----- ·----· 24,748,188 23 • ----------- -----. 2, 455,262 46 count of the public debt. It is apparent therefore that at any pa,r- July l, 1846 ·----- ·--· --··-... 17,093,794 80 ·--- -- ---------·-· 7,654, a93 43 ticula.r time these t.w-o statements must differ if there are any trans- July 1, 1846 ·----· ------·· ··-· 16,750,926 33 . ·-- -- ·-- --- ·----· 342,868 47 actions going on in the Treasury requiring time. This table gives July 1, 1847 ··----- ·-·--· .. --. 38,956,623 38 22,205,697 05 · · -·---·---··--· July 1, 1848 ·----- ·--- ..•. -. -· 48,526,379 74 9,569, 756 36 ·--·---··--··--· the commencement of the public debt in 1836, and the increase of July I, 1849....... .•••••. .••. 64,704,693 71 16, 178, 313 9-7 . - •• -- •..• -.---. that debt each year as appears from the reports made by the Secre- July 1, 1850 .. ·----· ·----·- -·· 64,228,238 37 ··-------·--·---· · 476,455 34 tary of the Treasury upon both systems. The two accounts are to be July 1, 1851 •. --··-------- ·-·. 62,560,395 26 . ----- .. -- .•. - .. - . 1,667, 843 11 found in the statement of the public debt for the years 1870 and 1871. July 1, 1852 .. ·----- --- --· .. -- 65,131,692 13 2, 571,296 87 . ·-. ------ ·----- July 1, 1853------ .•.... , .. -- . 67,340,628 78 2,208,936 65 · ····----····-·· The other statement of the public debt by issues and redemptions July 1, 1854 •. ------ ·--·--. ·-. 47,242,206 05 ·----- ---- ·- ----·· 20,098,422 73 commences at the same time. It is given for each year, and the in- July 1, 18!15. ·--·-- ·--- -·-. --· . 39,969,731 05 ------·----------· 7,272,475 00 crease of the public debt by each of these statements for each year July 1, 1856 ..••. ·- ·-----· .. -· 30,963,909 64 ·-----···-·-··-·-· 9,005,82141 July1,1857.................. 29,060, 386 90 . ·-- .. ·-· --- ·-· ·-. 1, 093,522 74 is shown. At the end of the period named, 1570, when the a~count July 1, 1858 · ··--- ·- ·-----. --. 44,910,777 66 15, 850, 390 76 W88 opened in the office of the Secretary of the Treasury by receipts July 1, 1859 ····--- ··---··· ... 58,754,699 33 " 13, 843, 921 67 and expenditures, it appears that the aggregate of increase upon the J niY 1, 1860 . .... - . - . -- - -- . . . . 64, 769, '703 08 6, 015, 003 75 two systems of accountin~ agree, with the exception of $426,399.98. July 1, 1861 .. ·----- -----· .. - · 90,867,828 68 26, ~s. 125 60 July 1, 1862 •.•.••. ------·. --· 514,211,371 92 423, 343, 543 24 That difference was explamed by the Treasury Department in there- July 1, 1863 .. ·----·. ·---- ..•. 1, 098,793, 181 37 584, 581, 809 45 port which the Finance Committee made to the Senate a short time 641,897,308 12 since, and is to be found on page 21 of that report; but in order that July1, 1864 •..•••••.••.••.... 1,740,690,489 49 July 1, 1865 ··----- -- ... ··-- -- 2, 682,593,026 53 941, 902, 537 04 ............ ... ~ 1876. CONGRESSIONAL RECORD-SENATE. 5411 Statement of the increase or decrease of the public debt-Continued. Amount of oertain 7.30 notes of 1861 returned by the Treasurer as not issued, and canceled, as shown by the Register's books ................... ·••.•• . • • . . • • • ~5, 000 00 Outstanding Increase. Amount of old demand and legal-tender notes stolen debt. Decrease. from th~;~ Treasury after the Treasurer had received credit for their redemption, and again put in circula- p tion. These amounts were recovered, but, instead of July 1, 1866 ••.••••••••••••.•• t2, 783, 425, 879 21 $100, 832, 852 68 -• - - -- . - - . -. - - - • being deposited as debits to the loans, were covered a.s July 1, 1867 .. ••• ••• . ••• •• . . . . 2, 692,199,215 12 •••••• .••••• •••••• t91, 2!6, 664 09 misciillaneous receipts: July 1, 1568.. • • • • • • • • • • . . • . • . 2, 636, 3-20, 964 67 ...... .••••. •••••• 55,878,250 45 Old demand notes .............................. . 18,000 00 July 1, 1869 •..•••••..••.•..•. *2, 597, 722, 983 37 .....• .•.••. ...... 38,597,981 30 Legal-tenders .................................. . 5,996 06 July 1, 1870 ••••.••••.•...•.•. *2, 480,246,027 81 .••••.......•••••• 117,476,955 54 (The actual amount recovered on account of legal- tenders was fG,OOO, $3.94 in excess of the amount nec- essary to make the account good.) .An examination of the loans of one and two year notes of 1863 shows that the amount outstanding is $140 less than shown by the "issues and redemptions" account ............................................ . 14000 Amount of compound-interest notes lost at sea in the *In the Register's report for 1869 the outsandingpublic debt was ~a~s~~!!~~~i~i~-~-?.~~~·- ~~~~~~ ~-~~: ~~ 59,500 00 (See note 11, :finance report of 1871, page 7.) ~:~~e ~o~io£ihe-piiblic- $2, 489, 002, 480 58 Discount on fifty-million loan of July and August, 1861, debt less cash and sinking fund only the net amount of receipts from this loan being· in the Treasury, to which should covered into the Treasury. The actual discount at be added the amount of cash which this note was negotiated was $5;338,768.09, but and sinking fund .••..••..•.••• $156,167,813 58 the receipts were increased by f1,134,168.71 accrued Less accrued interest........... 47,447,310 79 interest...... .. .. .. . .. • . • .. .. . . . . .. • • • . .. .. .. .. . . • .. 4, 204, 591» 38 108, '720, 502 79 Discount on loan of 1842 . ....... . .... ~................. 42, 417 80 - - - - · - t2, 697, '722, 983 37 Amount of bonds of the loan of June, 1S64, issued to the PlainfieldBa.nkofNewJersey,inlieuof sameamount In the same report for 1870 the stolen before delivery. to the 'bank. . . •. . . . . . . • . . . . • . • 30, 000 00 outstanding public debt was - - - - - t4, 429,443 10 published as.................. 2,386,358,599 74 · To which should be added the Differenoe explained ............................. ,............ 426,399 98 amount of cash and sinking I will also present to the Senate in this connection and with the fund ..••....•...•. -- - ......... 144,494,984 61 Less accrued interest. . • . . • . . • • . 50, 607, 556 52 design that the two ma.y be printed in the REcoRD the debt state- 93, 837, 428 09 ment as prepared by Secretary McCulloch on the 1st day of March, 2, 480, 246, 027 83 1869, and also the debt statement that was subsequently prepared in Outstanding as shown by the receipts and expenditure account. 2, 480,672,427 81 a more detailed form, showing the changes that were made in the Outstanding as shown by the issne and redemption account.. . . . 2, 480, 246, 027 83 debt statement under my administration, of which complaint haa been made, and showing also that when the difference is taken into Difference .........•••............••••••.•.•••.••••••.••.•. 426,399 98 account in regard to the Pacific railroad bonds and charging the This difference or apparent increase of the debt as shown in the fini\Ilce report earned interest to the debt they are precisely the same: for 1870 consists of the following items : Statement of the public d6bt of the United States on the lBt of March, 1869. Amount of the bonds purchased for the sinking and special funds ~rior to July 1, 1870, but not received Debt bearing coin interest. and paid for pnor to the passage of the act of July 14, Five per cent. bonds........................... $221,589,300 00 1870, and cons~uently not deducted from the out- Six per cent. bonds, 1881............ • • • • • • .. • • • 283, 677, 400 00 :~~~¥,~~t~~~~~~-8.7.0~~~ :~~~~~~-~~ .. $3,689,100 00 Six per cent. 5.20.bonds ........................ 1, 602,587,350 00 - - - - - $2, 107,854,050 00 (See note 14, finance report, 1871, pa"'e 7.) Amounts-not included in the ''issues anifredemptions" Debt bearing currency interest. ltcconnt, but included in the "receipts and expendi- Certificates at 3 per cent....... ......... .•. .•. 57,140,000 00 tures " account: · N ayY pension fund, at 3 per cent . . • . • . . • • • • • . • 14, 000, ()()()' 00 Old debt, ~7,665; interest, $64,164.81............ 121,829 81 71, 140, 000 00 ~~~;n~~~::;::::::: :::::::::::::::::::::: ~: ~: ~ ~ Matured debt not pesented for payment. Three-year 7.30 notes, due August 15, 1867, and (See note 10, finance report for 1871, p~e 7.) Amount advanced to the Treasurer to pay mterest on June and July, 1868 .•..••......•..••.••...•.• 1, 816, 350 00 certificates of indebtedness, used to redeem principal, Compound-interest notes, matured June 10, July thus making a difterence between the two accounts of. 21,425 52 15, August 15, October 15~ December 15, 1867, Amount of Treasury notes of 1857, checked off on the May 15, August 1, Septemoer 1 and 15, and Oc- loan-books in excess of redemptions ..••••.....•.••• 5,100 00 tober 1 and 16, 1868 ......................... .. 3, 422, 4iO 00 Bonds, Texas indemni~ ...•••.....•.•.. . .•••... 256,000 00 AmJ~~ ~tio!it~:S r:Jd~~~d :~ i:f!, 1 7 ITrth::etX. -~~~·- -~~-. ~:. -~~·. -~~-6-1~- ~~-~~~~ Jeducted on loan-books ...................................... . 80000 148,411 64 (See note 9, finance report for 1871, page 7.) Bonds, April15, 1842, Jannary28, 1847, and :March "In the examination of the account of the Texan indem· 31, 1848 . -•..• -- - - --- •••. - - ... -.. - ... - •.. --•• - ·202, 800 00 nity loan, it was discovered that $30.62 had been cov- Treasury notes, March 3, 1863 ................. . 375,432 09 ered as principal which should have been covered as TemP.oraryloan ...... ----·· ....•..•••.•...•·•..• 189,010 00 interest, also that $17,080 was covered as principal Certificates of indebtedness ..•..•..••••.•...•.• 12,000 00 which should have been covered as premium" .••••• lT,llO 62 6, 42-2, 463 64 (See note 7, finance report for 1871, page 7.) Debt bearing no interest. " In the quarter ending September 30 1868 t150.22 was United States notes . •. .••. •• .•. . . . ... •. . . . .. . 356,021,073 00 covered to the credit of principal of the loan of 1863, Fractional currency .. .. . . ........ •. . • •. ...••• 36, 781,547 50 which should have been covered as premium" .••.•• Gold certificates of deposit. • . • . • • • • • . • • . . • • • • • 28, 775, 500 00 (See note 3, finance report for 1871, page 7 .) - -·- - - 421,578, 180 50 Miscellaneous covering-warrant No. 4591 of December 20, 1865, covered as receipts from pnncipal of 5.20 2, 606, 994, 694 14 loan of 1865, $995, 247, which should have been cov- Six per cent. (lawful money) bonds, issued to Pacific Railroad ered as premium.................................... 995,247 00 Companies ................................................... . 53, 937, 000 00 Making a total discrepancy of .•••••.••.••.••••• ::. • .. . • • • • • • • • $4, 855, 843 08 Total debt .•...•...•••.•.. ; .............................. . 2, 660, 931, 694 14 From which deduct the following items: Amount in Treasury, coin.... . • • . . . . • .. • . • . . • • • 98, 741, 260 72 Purloined Treasury notes redeemed under the first sec- Amount in Treasury, currency . . . • • • . • • . . . • • . . 16, 853, 529 04 tion of the act of August 10, 1846, charged on "re- 115, 594, 789 76 ceipts a.nd expenditures" account to this loan, be~ _ :11:~~~; -~ -~ ~~~~~~-~~~: ~~~~~ ~~- ~~-c-1~~ Lost note of 1860 redeemed on bond of indemnity, and __ _ 23, W-) 86 Amount of debt, less cash in Treasury. • • . • • . . . • • • . . • . . . • . 2, 545, 336, 904 38 The foregoing is a correct statement of the public debt, as appears from the books and Treasurer's returns in the Department on 1st of March, 1869. ~redeemed when the note was presented 6y the :nolder ••••••••• -. ................................... . 500 00 I HUGH McCULLOCH, Secretary of the Treasury. Statement of the public debt of the United States on the 1st day of March, 1869. DEBT BEARING. INTEREST IN LAWFUL MONEY. Authorizing acts. Character of issue. Rate of interest. Amount out- Accrued in- standing. When redeemable or payable. When. payable. terest. \ M3.!'ch 2, 1867, and July 2, 1868 .. :--. Certificates ..••.• 3 per cent ..••.•. ~7, 140, 000 00 On demand, (interest estimated for 7 months) ..... $714,250 00 Annnalll or on redemp- July 23, 1868 ..•.•.. Navy Pension tion o certificate. :fnnd ····••·•·· 3per cent .•••••. 14, 000, 000 00 Interest only applicable to payment of pensions .. 70,000 00 January and July. Aggregate of debt bearing interest in lawful money. 71, 140, 000 00 .......................... ·········· -··············-·--··············--··--· · 784,250 00 I 5412 OONGRESSIONAL RECORD-SEN.ATE. AUGUST 10, StaterMnt of t"M publi6 debt of the United States on the 1st day of March, 1869-Continued. DEBT BEARING CO.IN INTEREST. Amount out- When redeemable or payable. Accrued in- Authorizing ac~. Character of issue. Rate of interest. standing. terest. When payable. Bonds ........... June 14, 1858 .... . .. 5 per cent . ...... $20, 000, 000 00 Payable after 15 years from January l, 1859 . ..... $166,666 67 January and July. June22, 1860 .. ..... Bonds . .......... 5 per cent . ...... 7, 022, 000 00 Payable after 10 years from January 1, 1861 ...... 58,516 67 January and July. February 8, 1861 .•. Bonds, 1881 ...... 6per cent . ...... 18, 415, 000 00 Pavable after December 31, 1880 .................. 184,150 00 January and July. March 2, 1861 ...... Bonds, (Oregon 6 per cent . ...... 945,000 00 Rea eemable 20 years from July 1, 1861 ...........• 9, 450 00 January and July. war,) 1881 · July 17 and August Bonds, 1881 ...... 6 per cent . ...... 189, 317, 400 00 Payable at pleasure of Goyernment after 20 years 1, 893, 174 00 January and July. 5, 1861. from June 30,1861. February 25, 1862 . . Bonds, (5-20's) .... 6per cent . .•••.. 514, 771, 600 00 Redeemable after 5 and payable 20 years from May 10, 295, 432 00 May and November. 1, 181l2. March 3, 1863 .•.•.. Bonds, 1881 ...... 6 percent . ...... 75, 000, 000 00 Paasble after June 30, 1&81. .. : • .................. 750,000 00 January and July. March 3, 1864 .. . ... Bonds, (10-40's) .. 5per cent ....... 194, 567, 300 00 Re eemable after 10 and payable 40 years from 4, 864, 182 50 . March and September. March 1 1864. March 3, 1864 . ..•.. Bonds, (5-20's) .•. 6 per cent ....... 3, 882, 500 00 Redeemabie after 5 and payable20 years from No- 17,650 00 May and November. vember 1, 1864. June 30, 1864 ....... Bonds, (5-20's) ..•. 6 per cent . ..•... 125, 561, 300 00 Redeemable after 5 and payable 20 years from No- 2, 511, 226 00 May and November. vember 1, 1864. . March 3, 1865 ...... Bonds, (5-20's) ..•. 6per cent ....... 203, 327, 250 00 Redeemable after 5 and payable20 years from No- 4, 066, 545 00 May and November. vember 1, 1865. Marcb. 3, 1865 ...... Bonds, (5-20's) .... 6'per cent . ...... 332, 998, 950 00 Redeemable after 5 and payable 20 years from July 3, 329, 989 50 January and July. 1 1865. March 3, 1865 ...... Bonds, (5-20's) .... 6 per cent .....•. 379, 506, 400 00 ~eemable after 5 and payable 20 years from July 3, ?95, 064 00 January and July. 1 1867. March 3, 1865 ...... Bonds, (5-20's) .... 6per cent ....... 42, 539, 350 00 R6deemable after 5 and payable 20 years from July 425,393 50 January and July. 1, 1868. ------- ............................................................. - Aggregate of debt bearing coin interest ............ 2, 107, 854, 050 00 --- 32, 427, 439 84 . ............. ........ ..... DEBT ON WHICH INTEREST HAS CEASED SINCE MATURITY. April15, 1842 ...... Bonds ........... 6per cent ....... ~. 000 00 Matured December 31, 1862 ..................... . $360 00 January 28, 1847 ... Bonds ........... 6percent ....... 58, 850 00 Matured December 31, 1867 .......... ....... . ... . 3, 531 00 March 31, 1848 .. ... Bonda ........... 6 per cent ....... 137,950 00 Matured July 1, 1868, (9 months' interest . ...... . . 4,828 25 September 9, 1850 .. Bouds, (Texas in- demmty) .••••• 5percent ....... 256,000 00 Matured December 31, 1864 ..................... .. 12,800 00 Prior to 1857 ....... Treasury notes . . 1 inill to 6 per ct. 104,511 64 Matured at various dates .. ............ .. ....... . 3, 135 35 December 23, 1857 . . Treasury notes .. 5 to 56- per cent .. 2, 400 00 Matured March 1, 1859 .·............. . •....... . . . . 120 00 December 17, 1860 .. Treasury notes .. 6 to 12 per cent .. 500 00 Matured January, February, and March, 1862 . ... 30 00 March 2, 1861 ...... Treasury notes .. 6 per cent . ...... 3, 450 00 Matured April and May, 1863 ..........•. . ....... 207 00 July 17, 1867 . ...... Treasury notes, (3 years) .. ..... 7 3-10 per cent .• . 37,550 ()() Matured August 19 and October 1, 1864 .......... . 2, 8!6 25 March 3, 1863 ...... Treasury notes, (1 and 2 years). 5per cent ....... 375,432 00 Matured from January 7 to Aprill, 1866 ...•...... 18,771 60 March 3, 1863 ...... Certificates of in· debtedness .. .. 6 percent ....... 12, 000 00 Matured &t various dates in 1866 ................ . 720 00 March 3, 1863, and Compound-inter- J nne 30, 1864 ..... est notes . ...... 6 per cent ...•.• . 3, 422,460 00 Matured June10, 1867, a.Ild October16, 1868 ..... . . 663, 957 24 June 30, 1864 .. ..... Tempomry loan .. 4, 5, and 6 per ot. 189, 010 00 Matured October 15, 1866 ........................ . 7, 795 55 J una 30, 1864, and Treasury notes, March 3, 1865 .... (3 years) ....... 7 3-10 per cent ... 1, 816, 350 00 Matured August 15, 1867, and July 15, 1868 ...•.. . 132,593 55 Ag~gate of debt on which interest has ceased smce maturity .................................. . 6, 422, 463 64 851,665 7.9 DEBT BEARING NO INTEREST. July 17, 1861. .. · · } Demand notes Nom·._ ____ t t126, 213 75 February 12, 1862. .. .. ~ · .. • · February 25,1862 } July 11, 1862. .•.. U. S. lega.l:tender March3, 1863..... notes ........... No interest ... .. 355, 894, 859 25 .................. ··:··· ................................................................... July 17,1862 . ...... Postal currency .. . No interest ... } March 3, 1863 .... } Frootiona.l eu:rren- 36, 781, 547 50 June 30, 1864..... cy ............ .. No interest ... March 3, 1863 ...... c ertifioates for gold deposited.. No interest ••••• 28, 175, 560 00 ........................................................................................ .. Aggregate of debt bearing no interest..... . .. . . .. . 421, 578, 180 50 . .. : . .................................................. . ................................ .. Bonds issued to the Union Paciflo Bailroait Ccm~pany anit branches, interest payable in lawful 'fnoney. [Interest at the rate of 6 per cent.; bonds payable in thirty years from date.] ~~ e·; I» ..0..; ~j ~»-s ~~ ls o&:l< 1:8 .s~ Authorizing acta. Cb.arooten of issue. Amount out- standing. Interest payable. ~~ p. 1m f~o ~0~ .... 0~ ~~ ~1::1 ~] lOP.- 8,gj _$rd e·a j~~ ~~.s ~~ ~p ~~a ~~00 July 1, 1862, and July 2, 1864 ......... Bonds, (Union Pa.ci.flo Co). $25, ~8, 000 00 Jan. 1 and July 1. ... f259, 980 00 fl. 313, 765 52 f719,236 87 $854,508 65 Jaly 1, 1862, and July 2, 1864 ......... Bonds, (Union PaGiflo, 6, 303, 000 00 Jan.1 and Julyl. ... 63,030 00 645,723 09 413,458 02 295, 295 07 Eastern Division.) July 1, 1862, and July 2, 1864 ......... Bonds, (Sioux City and 1, 112, 000 ()() ~an.1 and July 1. ... 11,120 00 52,963 76 16 27 64,067 49 Pacific.) 17,715 00 517,956 83 2, 3112, 000 ()() Jan. 16 and Jull 16. July 1, 1862, and July 2, 1864 ... _..... Bonds, (Central Pacific) . . { 16, 242, 000 00 Jan. land July .... 162,242 00 584,829 76 } 46,158 10 1, 236, 585 49 July 1, 1862, and July 2, 1864 ......... Bonds, (Central Branch l, 600, 000 00 Jan.1 and July 1. ... 16,000 00 157,80&26 ........................ . 173,808 26 Union Pacific, ass!Jil.ees of Atchison and ike's Peak.) July 1, 1862, and July 2, 1864 ......... Bonds, (Western Pa.ci.flc) . 320,000 00 Jan-.1 and Julyl. ••• 3,200 00 37,006 03 ............................. 40,206 03 Total issu6d ............................................... 53, 937, 000 00 ....................... 53.3,287 00 3, 310, 053 25 1, 178, 869 26 2, 664, 470 99 . 1876. CONGRESSIONAL RECORD- SENATE. 5413 Recapitulation of the pubiic debt of tke United States on tke 1st day of March, 1869. . Amount out- Total amount out- Interest. standing. standing. Total. Debt bearing interest in coin, namely: . Bonds at 5 per cent., issued before March 3, 1864 . • • . • • . • . . . • . . . • . . . . . . . . . . • • • . . . . . . . . . . . $27, ~ 000 00 Bonds at 5 per cent., (ten-forties,) issued under act of March 3, 1864............... . ...... 194, 567, 300 00 ~~!~!;~o~~ ~~r6c;:;c~i ~:: :: ~:::::: ~:::::::::::::::::::::::::::::::::::::::::::: 1. ~: ~: ~ ~ $2, 107, 854, 050 00 $32, 427, 439 84 Debt bearing interest in lawful money, namely: Certificates, 3 per cent. interest . ..•••..••.•...•••.•••••••••••.•••••.•••••.••• ~ ••..•...••. 57, 140, 000 00 Navy pension fund, 3 per cent. interest ..•..•••••.•••••.•••••..••.•..•••..•••••..•..•.•.. 14, 000,000 00 71, 140, 000 00 78-t, 250 00 Debt bearing no interest, namely : · ~::ai~dn~~~!j~~~:::: ::::::::::::::::::::::::::::::::::::::::::::: ~:: :::::: ~: ~t; ~~ gg Certificates of gold deposi~.............. . .......... . • • • • . • • • • • • • . • . • • • . . • • • • • • • • . • • • . 28, 775, 560 00 .. ---- 421,578,180 50 Deltt on which interest ha.s ceased eince maturity. . . • . • • . . •• •• . • • . . . •• •• . • •• . . . . • . . •• • . . . •• • • . . . . . . . . . . . . . .. . . . . 6, 422, 463 64 851,665 79 Total debt-Principal outstanding.......... • •••.••••••••• ; • • • •• . • • • • • • . • . • • • • ••• • . . . • • • . •• • • • • • • • • . 2, 606, 994, 694 14 1 - - - - -1 Interest accrued ............................................... - . • • • • • . • • • • • . • • • • • • • • • • • . •.•...• -- - •.••••.. 34,063,355 63 1------- t.l, 641, 058, 049 77 Total debt--Principal and interest .••••••.••••••••..••••••••.•••••••••.••••••••••••.•.•••.•••••••••••.........•••..••••.... . ..•..•••••. Amount in Treas-ary-Goin belonging to Government ..••• r...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169, 965, 700 72 Coin, for whlch certificates of deposit are outstanding . • • • • • . • • • • • • • • • . • . . • • • . • • • • . . • . . . . . . 28, 775, 560 00 Currency . . . . . . . . • • . • • . . . . • • . . • • . • . . . . . . • • • • . . • • . . • • . • . . • • . . • • . . . • .. • • . • ..... _... . . . . . . • . 16, 853, 529 04 115, 591, 789 76 Amount of public debt, less cash in Treasury. . • . . . . . . . . . • . • . •• • . • •• •. . . . • •. . . •• . . . . . • •• . . ••• . • . •••• . . •. . • . . . . . • . . . •• . . . 2, 525, 463, 260 01 The foregoing is a corroot.statement of the pnblio debt, as appears from the books and Treasurer's returns in the Department, on the 1st of .ruly, 1869. GEORG:E S. BOUTWELL, Secretary of the Treasv,ry. I will also take this occasion to call attention to another matter The Secretary read aa follows: which has been the subject of discussion here and which was referred TREASURY DEPAR'l'lriENT, .AugtUt 10, 1876. to particularly last evening by the konorable Senator from Pennsyl- Sra: Yom letter of above date requesting me to furnish yon a. statement of the vania, [Mr. WALLACE.] The honorable Senator from Indiana [Mr. receipts and disbursements of the Government from its or~tion down to .Tune McDO:NALD] this morning called the attention of the Senate to the 30, 1875, exhibitin~ the amount of defalcations and the ratio of losses per 81,000 to · crrcums t ance th at m · 1868, w h en the na tiona1 republ'ICan part Y met m · the aggt'egate rece1pts and d.isbnrsement8, arranged as nea.rly as practicable accord- ing to administrations, and also in periods prior and subsequent to .rnne 30, 1861, convention, a resolution was paBBed declaring that there were corrup- has been received. tiona in the Government which·had been nursed by Andrew Johnson, In revly I have the honor to transmit herewith the statement ea.lled for. and that we promised, if power were confided to us again, that we "V'ery respectfully, · would make some reform. He also said that we proposed this year LOT M. MORRILL, &c-retary. to do the same thing. I have in my hands .a communication from Mr. BOUTWELL. The statement contains the receipts of the Gov- the Secretary of the Treasury in reply to a letter which I addressed 1 ernment each year from its organization arranged by administrations. to him. I will ask the Clerk to read the letter, because I wish toes- 1 It shows also the losses per $1,000 on the receipts and the losses per tablish the fact that the Secretary of tbe Treasury is responsible for $1,000 on the disbursements for each administration from the organ- the paper which I propose to lay before the Senate. ization of the Government to the present time. I TREASURY DEPARTMENT, W ASHINTON, D. C., .August 10, 1876. Statement slwwing the receipts and disbursements of tke Government from its organization to June 30, 1875; exhibiting also tke amount of defalcations and the ratio of such losses per 1,000 to the aggregate received aml disbursed, arranged as nearly as practicable in periods of Administrations, and also in tke pel'iods prior -and subsequent to June 30, 1861; prepared under tke direction of tke Secretary of tke Treasury. , RBCBil'T8, L08SE8, AND BA.TIO OF L08SE8 PER 11,000 TO AGGREGATE Oil' RECEIPTS. Customs. All other·eourcee.• Administration. I Receipts. Losses. Loss on Loss on t1,000. Receipts. Losses. $1,000. ' Yra. :r=~hit~:~~:::::: :::::::::::::::::::::::::::::::::::::::: 8 4 $36, 605, 014 63 33, 548, 222 90 ~.52819 42,249 60 $558 125 t19, 843, 706 69 ea. o23 61 $030 12,537,195 50 ........... . ......... . ..... ·----· ·--· J e:fferson, Thomas ............................................... . 8 l 0 l, 086, 982 70 2'71, 669 36 268 7, 151, 994 84 15, 5~0 75 218 Madl'son, James .................................. ............... . 8 119, 951, 870 49 217,042 29- 180 146,294, 644 29 77, 933 00 53 Monroe, James . .. . ............................................. .. 8 140, 125,287 60 22'7, 432 45 1 62 38, 524, 676 84 402,514 37 10 44 Adams, John Q ...•......•. ····-· .••.....•.•.•..•..• ·............. . 4 88, 941, 104 61 222,103 18 ~ 49 8, 876, 950 17 110, 849 92 12 48 .rackson, Andrew ................................................ . 8 173, 830, 077 97 1, 215, 304 45 699 81, 352, 697 19 197,083 17 2 42 Van Buren, Martin . ........................................... ~· . 4 67, 283, 444 08 264,502 94 3 93 62, 665, 104 83 12'7, 825 40 2 03 ~t.x~:::~~~;~: ~ ::::::::::::::::::::::::::::::::::::::: }: 78, 946, 436 31 110, 564, 342 31 254,939 03 7, 719 11 322 06 37, 789, 568 56 91, 293, 166 14 175,042 36 10,390 .87 463 11 ~~~~~~:::: .r ::::::::::::::::::::::::::::::::::::::::::::: } :4 Buchanan, ames . ... .. . . • • • • .. • • . • . . • • . • • . . . • • • . . . • . • . • • . . . . . . . . . 194, 257, 446 48 245, 148, 753 03 . 184, 125,082 85 215,749 08 13l,ft17 05 38,776 03 1 10 53 21 16, 951, 166 43 37, 031, 076 53 128, 234, 596 71 60, 521 50 81,724 73 155,Zi!t 80 3 57 2 20 1 21 Lincoln, Abraham... . ............................................ 4 305, 360, 453 61 31, 261 99 10 4, 365, 099, 6e4 oo 477,331 61 10 J ohnsou, Andrew . . . . . . . . . . . . . . . • • . . . • . . • • • • • . • . . . . . . . . . . . . . . . . . . 4 699, 977, 488 65 254,498 55 36 3, 342, 338, 949 81 2, 308, 2~3 35 69 Grant, Ulysses S...... ...... .... .. ...... .•.... ...... .•.... ..... .. . 6 1,125, 540, 148 00 24,342 43 ()-2 2, 871, 328, 335 84 1, 252, 540 17 43 3, 704, 992, 156 22 - -· - - - ---- -------- - - - 3, 623, 395 73 97 11.267, 313, 514 37 5, 458, 722 61 ---48 - - - - - - - - - - - - - - - -- Prior to June 30. 1861...... ...... .. ........... ................ . . . . ...... 1, 575,114,065 96 3, 313, 292 76 2 10 688, 546, 544 72 1, 420, 72'7 48 2 06 From July 1, 1861, toJune30,1875. ..•... .•.... .. ...... ...••....... . ... .• 2, 130,878,090 26 310, L92 97 14 10, 578, 766, 969 65 4, 037, 995 13 38 *Includes internal revenue, direct tax, publio lands, miscellaneous, dividends, interest, premiums, and receipts from loans and treasury notes. 5414 CONGRESSIONAL RECORD-SJjJNATE. AUGUST 10, Statement showing the receipts and di8bursements of the Government from its 'organization to June 30, 1875-Continned. RKCBIPTS, LOSSES, AND RATIO OF LOSSES PER $1,000 TO AGGREGATE OF REC~Ontinued. ------------------------------- Total. Post.oflice.t Administration. Receipts. Losses. Loss on Disbursements. Losses. Loss on f l ,OOO. f1,000. $210, 551 80 $3 72 $684, 960 00 $1, 920 73 $2 80 42,249 60 9L 836,267 00 2, 211 43 2 64 287, 260 11 2 65 3, 147, 447 00 12,373 13 3 9:\ 294, 975 29 I 10 5, 412, 429 00 41,238 14 7 61 629, 946 82 3 52 9, 240, 531 00 107,304 71 11 61 332,953 10 3 40 6, 406, 022 00 38,591 35 6 02 1, 412, 384 62 5 53 21, 352, 923 18 42,487 51 1 98 392, 328 34 3 01 18, 284, 961 77 51,809 86 283 429,981 39 368 18, 666, 750 20 2, 679 46 14 18,109 91:1 08 16, 861, 478 41 2,571 24 15 276, 270 58 130 26, 582, 570 74 52,946 20 1 99 213,001 78 75 40 439, 110 70 280,128 05 6!)2 194, 003 83 62 56, 957, 92'2 74 172,278 46 3 02 508,493 60 10 48,779,085 45 93,467 63 1 91 2, 562, 721 90 63 81, 016, 286 91 167,236 74 2 06 1, 276, 882 60 31 169, 869, 803 72 152,768 23 89 9, 082, 118 34 60 524, 538, 549 82 1, 222, 012 93 · 2 32 Prior to J nne 30, 1861. . .. • • • .. • • • • • • • • • • . .. • .. • • . .. • • • • .. • • .. .. . • • . . . . . .. 2, 263, 660, 610 68 4, 734, 020 24 1 09 224, 873, 373 74 808,540, 33 3 59 From July 1, 1861, to June 30,1675.......... ....... .. .. ............ ..... 12,709,745,059 91 4, 348, 008 10 34 299, 665, 176 08 413,472 60 137 t Collects and disburses its own revenues. DISBURsEMENTS, LOSSli18, AND RATIO OF LOSS PER f1,000 TO AGGREGATE DISBURSE.HENTS. War, Navy, Pensions, and Indians. Miscellaneous. Administration. Disbursements. Losses. Loss on Disbursements. Losses. Loss on 51,000. $1,000. Yrs. Washington, George .... . ................................. . ...... . 8 $12, 401, 544 51 13, 72'2 40 f030 $43, 025, 277 77 $34, 775 33 $0 80 Adams, John ............................................ . ....... . 4 18, 893, 618 72 24, 419 16 129 24, 918, 307 72 166, 531 68 6 68 Jefferson, Thomas ................................. . ............. . 8 27, 041, 493 66 235,735 61 8 71 80, 644, 818 10 68,098 94 84 Madison, James .................................. . .............. . 8 135, 228, 344 34 1, 642, 167 64 1214 119, 876, 761 74 213, 279 09 177 ta~~E/i.¥:~~::::: _: : ~~::::: ~ :_: _: ~::::::::::::::.=:::::: ~:::: 8.. Van Boren, .Martin ........................ . ..................... . 8 74, 787, 221 28 39, 580, 722 11 129, ~58. 963 93 85, 310, 491 15 1, 767, 506 57 22'2, 423 02 923, 217 18 414, 297 37 2363 5 61 7 10 485 113, 650, 558 21 57, 683, 278 31 93, 687, 085 48 51, 783, 947 19 725, 029 04 291, 406 58 1, '383, 019 56 2, 485, 356 47 6 37 5 05 14 76 47 99 ii$Ja~~i~~~?: :~e7::: ~:: :::::::::::::::::::::::::::::::::: ~ 4 56, 628, 040 36 124,790 18 220 52, 559, 360 88 1, 008, 452 22 19 18 4 133, 247, 948 61 945,907 38 7 09 71, 946, 751 96 766,262 44 10 65 ~~~e:a-r?lffi?rJ.::::: ::::::::;::::::::::::: ::::::::::::.::::::::: ~ 4 96, 788, 823 66 585,406 94 6 04 97, 581, 669 48 899,785 74 922 Pierce, Franklin.............................. . . . . .. .. .. . . . .. . . . . . 4 129, 975, 28!1 73 812,768 53 625 15.'5, 663, 585 92 862, 084 11 553 ·Buchanan, James.............................. ................... 4 159, 856, 370 92 1, 458, 093 56 912 168, 326, 897 47 834, 731 96 4 95 1, 111,281 85 ~=~~=-:::::::::::::::::::::::::::::::::::::::::::::::: 3, 064, 226, 505 86 5, 487, 741 06 1 79 1, 603, 231, 415 36 69 Grant, Ulysses S............... . .. . .. . . . . .. .. . . . .. .. . . . . .. .. .. .. . . :6 811,869, 437 99 617, 100, 119 2.'3 809, 484 35 658, 339 39 99 106 3, 079, 706, 821 11 3, 390, 758, 269 98 1, 080, 156 82 35 22 75 ' 201 90 -5,-592,-794, -936- 06 - ------ 16, 116. 020 39 --- 2 88 9, 205, 044, 806 68 12, 688, 453 'i3 1 37 Prior to Jane 30, 1861. . .. .. . ........ .... • . ........... ..... •. .... .• ..... . 1, 099,598,872 98 9, 160, 455 59 8 33 1, 131, 348, 300 23 9, 738, 813 16 8 60 From July 1, 1861, to June 30, 1875.. ........... .......... ....... •. ...... 4, 493,196, 063 08 6, 955, 564 80 1 54 . 8, 073, 696, 506 45 2, 949, 640 57 36 Total. Recapitulation. t Disbursements. Losses. Loss on Amonnt involved. Total losses. Loss on 11,000. 11,000. refo;:::~; . : : : : : : : : _:: : : : : : _: : : : : : : : : : : ~:: Madison, James . ....................................................... . Monroe, James ........................................................ . . 155. 426, 822 28 43, 811, 926 44 107, 686, 311 76 255; 105, 106 08 188, 437, 779 49 $38.497 78 190, 950 84 303, 834 55 1, 855, 446 73 2, 492, 535 61 . $0 69 435 2 82 727 13 22 . $112, 560, 503 60 90, 733, 611 84 219, 072, 736 30 526, 764, 049 86 376, 3'28, 274 93 $250,970 31 235,411 87 603,467 79 2, 191,660 16 3, 229, 787 20 $222 2 59 2 75 4 16 858 Adams, John Q ................................................... . .. .. 97, 264, 000 42 513, 829 60 528 201, 488, 077 20 885, 374 05 4 39 Jackson, Andrew ....................................................... . 223, 546, 049 41 2, 306, 236 74 10 31 500, 081, 747 75 3, 761, 111 87 7 52 Van Buren, Martin . .................................................... . 137, 094, 438 34 2, 899, 653 84 2115 285, 327, 94~ 02 3, 343, 792 04 1171 fik~J:~::.~--~~7-:: ::~:::: ::~::: :~::::::::::::::: ::::::::::::: -~ 109, 181, 401 24 1, 133, 242 40 10 37 244, 590, 156 31 1, 565, 903 25 6 40 205, 194, 700 57 1, 712, 16~ 82 8 34 423, 913, 687 43 1, 732, 851 04 4 08 ~:~re~aMk~rAMs,its Now, the candidate of the democratic party is within the truth, as Clerk, announced that the House had passed the bill (S. No. 561) for generally democratic statements are within the truth ; but it is the relief of Major Junius T. Turner. $100,000,000 more than he says in his letter of acceptance. ·Let that The meaaa.ge also announced that the House had agreed to the re- go on the record. I ventured to suggest to the honorable Senator port of the committee of conference on the disagreeing votes of the from Ohio not in the same words, because I do not use so many-he two Houses on the bill (H. R. No. 302'J) making appropriations for did not give me time-that Mr. Tilden's figures were more apt to be the construction, repair, preservation, and completion of certain pub- correct than his, whereupon the Senator from Ohio indulged in lan- lic works on rivers and harbors, and for other purposes. guage in the highest degree unparliamentary and exceedin~ly offen- The message further announced that the House insisted on its amend- sive to me personally. I will not go so far as to say that It was in- ments to the bill (S. No. 1021) allowing the Pacific Mail Steamship sulting, but H came as near it as language ought to come on the Company to carry the mails in their new iron steamships, disagreed floor of the Senate. This is not the place to use language of that to by the Senate, agreed to the conference asked by the Senate on the character; it is not the arena for it. He ventured to use language disagreeing votes of the two Houses thereon, and had appointed Mr. and put it upon record. I do not object to it if he desires it, to go .A.. M. WADDELL of North Carolina, Mr. J. K. LUTI'RELL of Califor- there, but I desire to say here that it is not the language that one nia, and Mr. J . .A.. GARFIELD of Ohio managers a.t the conferenc~ on Senator should use to another; it is unparliamentary; it is offensive. its part. I know he said afterward that he used it kindly. It is a sort of kind- The message also announced that the House. had passed a bill (H. ness that I do not fancy. R. No. 4087) continuing the provisions of an act entitled ".A.n act to Mr. SHERMAN. I should like the Senator to tell us what he reads provide temporarily for the expenses of the Government;" in which from in support of this statement as to $4,600,000,000. I have the it requested the concurrence of the Senate. table before m6: Mr. EATON. I thought I said to the Senator that I excluded the TEMPORARY PROVISION FOR EXPENDITURES. year 1876, which has come in since Mr. Tilden's letter was written, Mr. WINDOM. I ask consent to call np the bill just passed by and took the year previous, and I assert that the amount is more than the House extending the existing appropriations, for three days, I $4,500,000,000. . think. Mr. SHERMAN. I hope my friend will still retain the floor, be- The PRESIDENT pro tempore laid before the Senate the bill (H. R. cause I think I can convmce him that he is in error. Here are two No. 4087) continuing the provisions of an act entitled "lfn act to pro- tables ; one is receipts and the other expenditures. The allegation vide temporarily for the expenses of the Government," and it was contained in the democratic platform applies only to the taxes lev- read. It continues and extends in full force and effect until and in- ied upon the people of the United States; it does not apply to the cluding the 14th day of August, 1876, the provisions of the act named. expenditures of the people's money. .A. large portion of the money in- Mr. EDMUNDS. Four days. cluded in the $1,297,000,000, the cost of the last year of the war, was By unau4nous consent the bill was read three times, and passed. derived from loans, United States Treasury notes, bonds, &c., in va- rious forms. .A.ll the taxes of every form, description, and kind, all BILLS RECO:lm:rrnm. the money that comes into the Treasury, except only from loans, is Mr. SARGENT. Some time since the Committee on Naval .Affairs ·contained in the table I have in my hand. I will ask the Senator to reported a bill (S. No; 932) for the relief of David De Haven. The look at it ; I will hand it to him. I do not care whether you com- committee supposed that the facts justified the report. Th~y have men~ with the fiscal year 1865, which of course began July 1, 1864, , 1876. CONGRESSIONAL RECORD-SENATE. 5417 or the next year, he is grossly in error. The receipts from taxes now say publicly that every dollar of money from any source what- in the year 1865, commencing on the 1st of July, 1864, were only ever that comes to any man for the nse of the Government of the $333,000,000, while the next year, as soon as the war was over, for the United States goes into the Treasury. Formerly it was not so. · fiscal year 1866 the taxes were $558,000,000. The Senator sees, there- Mr. BAYARD. I mean on these tables. · fore, that if he takes that year and omits the present he reduces rather Mr. SHERMAN. What is meant by" net revenue" is revenue de- than enlarges the figures. I again repeat, as perfectly and conclus- rived from other sources than bonds, because the bond account is iv6ly shown by this paper, that the aggregate receipts from all sources kept separate from the expenditure a.ccount. Formerly the expenses except from loans were $4,192,623,801 during the eleven years. of collecting the customs revenue were paid out of the fund, and only Mr. EATON. And thirty-four centa.. the balance was covered into the Treasury; but that system was abol- Mr. SHERMAN. And thirty-four cents, and that includes, my ished many years ago when I first became a member of Congress, and friend will see1 167,037,384 of premium on sales of gold. That is not the customs expenses are appropriated for just as any other service: revenue, or if 1t is it is balanced by the premium paid on bonds, be- When the internal-revenue service waa started the same course was cause this was the very process by which we sold gold and bought adopted. For one year or I think perhaps two years- the Senator bonds, both transactions being made on a currency basis. This from Massachusetts, whowas the firstCommiasioner,can tell-the ex- $167,000,000 is not in the nature of money collected from the people; penses of the internal-revenue system were paid out of the receipts; it is in the nature of a premium on gold, collected from the people it but 1hat was abolished by the second law we passed on the subject of is true, but that waa balanced by the premium paid on the purchases internal revenue, and all the money collected was carried into the of bonds. But including that I again repeat that the revenue from Treasury and the expenses paid ont in ordinary way of other expend- all sources, from internal taxes, from direct taxes, from customs du- itures. Collectors of internal revenue and the like were paid out of ties, from sales of public lands, from premiums on loans and sales the general revenue. of gold coin and other miscellaneous items all included, was .but Mr. BAYARD. What is there termed "net revenue" means infact ·$4,192,623,000 for the eleven years, and therefore Governor Tilden gross revenue, irrespective of the sale of bonds f was wrong when he stated it at $4,50o,ooo,ooo, and the Senator was · Mr. SHERMAN. Yes; it means the net revenue except sales of wrong. . bonds. Look at the other table which the Senator now brings to support Mr. BAYARD. It does not mean ''net revenue," but gross revenue his theory. If he says the expenditures of this Government for eleven except the sales of bonds. years, including the payment of ihe interest on the debt, pensions, Mr. SHERMAN. That is the fact. I have inquired myself if there and all that, amount to $4,600,000,000, I may agree with that, be- is any source of revenue not carried into the Treasury, and it is only cause the amount expended in one single year, the last of the prose- the bonds the account of which is kept separately. I believe the cution of the war, was $1,297,555,000, or more than one-fourth of the Senator will find on inquiry that that is the case. It is necessary to whole aggregate of expenses since that time. Those were expenses discriminate constantly in this table between expenditures and rev- and they were paid by loans. But that is not what Governor Tilden enue, because every dollar of money paid out for any service or em- says; it is not what the democratic platform says. He says we have ployment of the United States is paid out of the Treasury, and if collected in the form of tax $4,500,000,000. I say it is not true, and the Senator can find any money that is paid from any other source I whether you include the year 1864, or 1865, or any other year, or take am certain I will be with him, as itis one of those trust funds that I any eleven years whatever, you may take any eleven years from the have been trying always to have covered into the Treasury. beginning of the war to this time commencing at the beginning of Mr. EATON. Mr. President-- the war, and we never collected that aggregate of taxes in eleven Mr. WINDOM. Will the Senator from Connecticut yield for a. mo- years. We have collected more in the last eleven years than we did tion for a recess t m the eleven years from the beginning of the war. The largest taxes Mr. EATON. No, I shall be through in a moment. collected by the Government of the United States in any one year The Senator from Ohio has doubtless satisfied himself but he has not were $558,000,000, which was collected the year after the war was satisfied me, and his explanation will not satisfy the country. A few over; the next year it was 490,000,000 when we commenced reduc- words will end this sort of financiering. Let us take his recapitula- ing taxes, but during the war our tax revenues were $41,000,000, tion of the expense of the Government. It amounts in the eleyen $51,000,000, $110,000,000_, $264,000,000, and $.133tooo,ooo. As a mat- years to $4,607,574. What is it made up off Interest on the public ter of course, during the war our taxation diode, Goodin, Robert Hamilton, Haralson, Henry R. Harris, Harrison, Ha.rtridge, Hatcher, Hathorn, necessary, suggested the first part as to the :fifteenth amendment. Hays, Hendee, Henkle, AbramS. Hewitt, Ilill, ·Hoge, Holman, Hoskins, Hubbell, The whole preamble was added, save one clause, to satisfy southern Hunter, Hurlbut, Jenks, Frank Jones, Thomas L. Jones, Kelley, King, Lamar, members. The resolution simply states the provision of the Consti- George M. Landers, Lane, Leavenworth, Le Moyna, Mackeyl ¥a-ish, Meade, Milli· tution just as it is, and asserts that in the North and the South alike ken, Money, Neal, O'Brien, Oliver, O'Neil, Phelps, John F. Philips, Plaisted, Platt. Powell, Purman, R&ndall, James B. Reilly. Sobieski Ross, Scales, Schumaker, See- there should be protection for the free exercise of the right of suffrage lye, SmallsJ.. Southard, Sparks, StowellbSwann, Tease, Martin I. Townsend, Tucker, under that constitutional provision, of course by the States, unless a Waldron, tiharles C. B. Walker, Gil ert C. Walker, Alexander S. Wallace, John State or States should refuse, when further legislation would be neces- W. Walla.ce, Wa.lliDg, Wash, Ward, Warren, G. Wiley Wells, Wheeler, White, sary. I think the resolution should be adopted unanimously. Whitehouse, Whitthorne, Wike, Andrew Williams, Charles G. Williams, Benja- man Wilson, Alan Wood, jr., Fernando Wood, Woodworth, and Young. Several MEMBERS. Let us have the yeas and nays. Mr. CLYMER. My judgment is that this ought to go to a com- Mr. FELTON. I desire to state that my colleague, Mr. HARTRIDGE, mittee. is sick in bed. Mr. LORD. I demand the previous question, and shall call the The SPEAKER pro tempore. It is not time to offer excmes. yeas and nays on the adoption of the resolution. ARTIFICIAL LIMBS. Mr. CLYMER. Pending that I move that the resolution be re- ferred to the Committee on the Judiciary. . The SPEAKER pro tempore. The Chair, by unanimous consent, The SPEAKER pro tentpore. The demand for the previous question will announce the managers of the conferen~ on the part of the takes prepedence. House on the disagreeing votes of the two Houses on the bill (H. R. The question being taken on seconding the demand for the previ- No. 1516) to regulate the issue of artiftciaJ limbs to disabled soldiers, ous question, there were-ayes 83, noes 53; no quorum voting. seaman, and others, as follows : Mr. RusK, Mr. RICE, and Mr. BAGBY. Tellers were ordered; and Mr. LORD and Mr. CLYMER were ap- PROTECTION OF RIGHT OF SUFFRAGE. pointed. Mr. KASSON. Mr. Speaker, how many members have a~wered to Mr. BLAND. I ask that the resolution be again read. their names f The preamble and resolution were again read. ~he SPEAKER pro tempore. One h~dred and seventy-three. 5420 CONGRESSiONAL RECORD-HOUSE. Auatrs~ 1 , Mr. KASSON. That is more than a quorum; and therefore I move The SPEAKER pro tempore. The call of the roll shows t hat one that all further proceedings onder the call be dispensed with. huudred and seventy-eight members are present. What iB the pleas-· The motion was agreed to. ure of the House f Mr. KASSON. I now ask that the tellers take their places. Mr. SAVAGE. I move that further procee~~s under the call be The SPEAKER pro tempore. The tellers will resume their places; dispensed with. And I hope this side of the .ttouse will stop this and the question is on seconding the demand forth~ previous ques- :filibustering v..nd let us ~et a vote. . tion. Mr. ATKINS. This stde of the Honse is not filibustering. The The tellers resumed their places; and the House again divided. gentleman is mistaken. Mr. HALE. I notice my amiable friend from New York [Mr. Cox] The SPEAKER pro tempore, (Mr. SPRINGER in the chair.) Debate i8 present and not voting. is not in order. Mr. COX. That side does not run the House altogether. I wish to Mr. KASSON. Thero was a remark made which was not heard say to my friend that I am ready to vote on this resolution-- here. Was it not that gentlemen on the other side are not votingt Yr. CONGER. I object to debate. Mr. EDEN. Is debate in orderf Mr. COX. Why do you not close up your OWl:! side f The SPEAKER pro tempore. It is not. Mr, HALE rose, and his remarks were rendered inaudible to the Mr. EDEN. Then I object to debate. reporter by the beating of the Speaker's gavel. Mr. COX. Is the motion to dispense with further proceedings un- The SPEAKER pro tempore. The gentleman from. Maine is entirely der the call debatable I out of order. The SPEAKER pro tempore. It is not. , Mr. COX. I do not vote at the dictation of the other side. Mr. COX. I would like to say that this side of the Honse is ready Mr. HALE. I hope the gentleman will be allowed to go on. to vote for the resolution. It is a little demagogical, but we will vote The SPEAKER pro tempore. The Chair most insist on order in the for it. Hall. · [Cries of "Regular order!"] Mr. COX. When gentlemen are called to order, are they not com- Mr. COX. Let us come to a vote on the resolution. pelled to be seated I The question being taken on the motion of Mr. SAVAGE to dispense The SPEAKER pro tempore. They are requested to take their seats, with further proceedings under the call, it W88 agreed to. and the gentleman from Maine will be kind enough to ~e his The SPEAKER pro tempore. The question is on seconding the de- seat. mand for the previous question on the resolution submitted by the Mr. HALE. If the Chair will be kind enough, I will say that I gentleman from New York, [Mr. LORD;] on which question tellers have known the question raised before, and that is the reason why I were ordered. . raised it now. Mr. EDEN. I wish to make an excuse for an absent member. My Mr. EDEN. I call the gentleman to order. colleague from Illinois, Mr. CAULFIELD, iB detained from the Honse The SPEAKER pre tempore. The gentleman from Illinois is out on account of sickness. of order himself. Mr. McCRARY. I rise to a question of order. Mr. EDEN. Have I not a right to make a point of orderf The SPEAKER pro tempore. The Chair will hear the gentlem~n. on · The SPEAKER pro tempore. Yon have, but only from your own a question of order. seat. The Chair has requested gentlemen to take their seats. Mr. McCRARY. Before the House divides, I ask that Role 31 be On the question of seconding the demand for the previous ques- read by the Clerk. tion, the tellers report-ayes 00, no.es 21. The SPEAKER pro tempore. The Clerk will read Role 31. Several MEMBERS. No quorum. The Clerk read as follows : Mr. KASSON. Let gei,J.tlemen who make the point that there is no quorum rise from their seats. 31. Every member who shall be in the House when the question is put shall give Mr. REAGAN. I rise in my place and make the point that no quo- his vote, uill688 the House shall excuse him. All motion.s to excuse a member from voting shall be made before the House divides, or before the call of the yeas and urn has voted. · nays i8 commenced; and the question shall then be taken without debate.. Mr. KASSON. Then nothing is left but again to move a call of the House, if gentlemen on that side will not vote. The SPEAKER pro tempore. What is the point of order of the gen- Mr. YEATES. They are following your example of the other day. tleman from Iowa I The SPEAKER pro tempore. The gentleman from Iowa [Mr. KAs- Mr. McCRARY. . I desired to have the rule read. SON] moves a call of the Honse. The SPEAKER pro tempn, Finley, Forney, Fort, Fos- gentleman del!ires·it. It will be found on page 164 of the Digest and ter, Franklin, Freeman, Frye, Garfield, Gause, Goodin, Gunter, Hale, Andrew. H. Hamilton, Hancock, Hardenbergh, Belljamin W. Harris, John T. Harris, Hartzell, is as follows : Haymond, Henderson, Hereford, GoldSmith W. Hewitt, Hoar, Holman, Hooker, Hopkins, House, Hunton, Hurd, Hurlbut, Hyman, Thomas L. Jones, Joyce~.- Kas- The preamble is not covered by the previous question ordered upon the ~e of son, Kehr, Kimball, King, Franklin Landers, Lane, Lapham, Lawrence, Levy, the resolution, but is itself subject to a sepa'ra.te demand of the previous question. Lewis, Lord, Luttrell, Lynch, Lynde, ~oon, Maish, MJt,cDougaJl, McCrary, Mc- Dill, McFarland, McMahon, Metcalfe, Miller, Monroe, Morgan, Morrison, Mutch- I make the point at this time, because it is impossible for the House ler, Nash, New, Norton, Odell, Packer, Payne, Pierce, Piper, Poppleton, Potrer, by ordering the previous question upon the resolution to deprive Pratt, Rainey, Rea, John Reilly, James B. Reilly, Rice, Riddle, John .Robbins, itself of the power of amending the preamble, until the question upon William M. &bbins, &bert.s1 &binson, Miles R.oss, Rusk, Sampso~ Savage, Scales, Schleicher, Sheakley, Smgleton, Sinnickson, Slemons, A. HerrSmtth, Will- the resolution has been decided. iam E . Smith, Spencer, Springer, Strait, Stenger, Stevenson, Stone, Tarbox, Terry, Mr. KASSON, I;will ask the Clerk to read the record of the motion Thomas, Thompson, Thornburgh. Washington Towusend~.-..Tnfts, Turney, Van Vor- submitted by the gentleman from Ne.w York [Mr. LoRD] in reference hes, John L . Vance, &bert B. Vance, Waddell, Wait, .l!irastlla Wells, Whiting, to the previous question. · Whitthorne, Wi~gint.()n, Willard, A}pheu.s S. Williams, James Williams1 James D. Williams, Jeremtah N. Williams, William B. Williams, Willis, Wilshire, James Mr. COX. I believe debate is not in order pending the motion to Wilson, and Yeates-174. lay upon the table. NAYS-Messrs. Bland and Reagan-2. Mr. BLAND. I withdraw that motion. NOT VO"riNG-Messrs. Abbott, Adams, Bass, Bell, Blackburn, Bliss, Blount, The SPEAKER pro tempore. The motion to lay on the table wa..s John Young Brown, Buckner, Samuel D. Burchard, William P. Caldwell, Camp- bell, Candler, Cason, Caulfield, Chapin, Chittenden, Collins, Cowan, Crapo, Culber- not entertained by the Chair, because at the time the gentleman from son, De Bolt, Denison~.-..Dobbins, Douglas, Dunnell, Ellis, Ely, Fuller, GibBOn, Massachusetts [Mr. BANKS] had the floor upon a point of order. Glover, Goode, Robert l:lamilton, Haralson, Henry R. ·Harris, Harrison, Hartridge, Mr. BANKS. I do not care about the point of order particularly, Hatcher, Hathorn, Hays, Hendee, Henkle, AbramS. Hewitt, Hill, Hoge, Hos1ilils, Hubbell, Hunter, Jenks, Frank Jones, Kelley, Knott, Laroor, George M. Landers, and will withdraw it. Leavemyorth, LeMoyne, Mackey, Meade, Milliken, Mills, Money Neal, O'Brien, Mr. COX. I ask the Chair, whether or not a separate vote can be Oliver, 0 Neill, Page, Phelps. John F. Philips, William A. Phillips, Plaisted, Platt, had upon the different whereases in this bill! Powell, Purman, Randall, Sobieski &sa, Sayler, Schumaker, Seelye, Smalls, South- Mr. KASSON. I want the point of order decided, and I ask that ard, Sparks, Stowell, Swann, Tees~, Throckmorton. Martin I. Townsend, Tucker, Waldron, Chari~ C. B. Walker, Gilbert C. Walker, Alexander S. Wallace, John the Clerk read the record of the call for the previous question. w. Wallace, Walling, Walsh, Ward, Warren, G. Wiley Wells, Wheeler, White, The SPEAKER pro tempore. The Clerk will read from the journal. Whitehouse, Wike, Andrew Williams, Charles G. Williams, Benjamin Wilson, The Clerk read as follows : Alan Wood, jr., Fernando Wood, Woodburn, Woodworth, and Young-109. Mr. LoRD, by unanimous consent, submitted the following preamble and reaolu- So the resolution was agreed to. tion, and moved the previous question on the adoption of the same, to_wit. During the roll-call the following announcements were made: Mr. V.ANCE, of Ohio. My colleague, Mr. WALLING, is absent by Mr. KASSON. That covers the whole. leave of the Honse. The Clerk continued to read as follows: Mr. FELTON. My colleague, Mr. HARTRIDGE, is absent on account And the question was put, Will the House second the demand for the previous of sickness. question! Mr. WILLIS. I am paired with my colleague, Mr. LEAVENWORTH, When no quorum voted. but I voted "ay," because Mr. LEAVENWORTH if present woulil have Then, on motion of Mr. KAssoN, voted'' ay." I desire further to state that my colleague, Mr. BLISs, Ordered, That there be a call of the House. And the roll baring been called, the following-named members failed to answer is absent by leave of the House. to their names. Mr. ATKINS. My colleague, Mr. YOUNG; is detained at his room by sickness. Mr. KASSON. That is not important. Mr. SPENCER. My colleagues, Mr. GmsoN and Mr. E.LLI.S, are Mr. GARFIELD. The Chair will see that in distinct terms the pre- absent. If present they would vote" ay." . vioJIS question was ordered on the preamble and resolution, or, in the Mr. CONGER. My colleagues, Mr. WALDRON and Mr. HUBBELL, words of the Journal, "on the same." are absent by leave of the House. If present they would vote "ay." · Mr. McCRARY. I think the point of order of the gentleman from Mr. STRAIT. My colleague, Mr. DUNNELL, is absent by leave of Massachusetts [Mr. BANKS] was made too late. The time to have the House. If present he would vote "ay." . made that point was when the previous question was called on the Mr.MAcDOUGALL. Mycolleague,Mr.ADAMs, is necessarily absent preamble and resolution. from the House. If present he would vote "ay." Mr. COX. Would it be in order at this time to make a parliament- Mr. STEVENSON. My colleague, Mr. CAMPBELL, is absent by leave ary inquiry, pertinent to this matter! o£ the House. If present he would "ay." The SPEAKER pro t-empore. It would. Mr. HARTZELL. My colleague, Mr. SPARKs, is absent by leave of Mr. COX. My inquiry is whether the question upon these various the House. If present he would vote" ay." whereases in the preamble-is divisible! The result of the vote was then announced as above recorded. The SPEAKER pro tempore. It is. Mr. LORD moved to reconsider the vote by which the resolution Mr. COX. The reason I ask that i s - was adopted; and also moved· that the motion to reconsider be laid Mr. CONGER. I obje·ct to debate. on the table. Mr. MILLS. Is an amendment to this preamble now ~~<>rder! The latter motion was agreed to. The SPEAKER pro tempore. It is not. The Chair wilf decide the The question recurred upon adopting the preamble. point of order raised by the gentleman from Massachu.setts, [Mr. Mr. BANKS. I make the point of order that the previous question BANKS.] The gentleman from New York [Mr. LoRD] having moved, has not been ordered upon the preamble. as appears by the record, the previous question upon the preamble Mr. HOAR. 'rhe previous question was ordered upon the whole and resolution, the previous question applies to both pro,POBitions. subject. If he had demanded the previous question on the resolution alone, Mr. BANKS. That cannot be under the rule. then the previous question would have applied only to t1iat. The The SPEAKER pro tempm·e. The Chair understands that the Houset however, has ordered the main question to be now put upon previous question was ordered p.pon the preamble and the resolution. both the preamble and resolution. Mr. KASSON. And the yeas and nays were ordered on both; and Mr. KASSON. I call for the yeas and nays on the adoption of the after they were ordered a division of the question was demanded. preamble. · Mr. BANKS. The preamble is open to amendment until the reso- Mr. COX. I call for a division of the question, so thai a separate lution has been disposed of. The previous question, which has been vote may be taken on each clause of the preamble. CONGRESSIONAL RECORD-HOUSE. AUGUST 10, The preamble was again re~, as follows: last. My point is that it does not come under that resolution and is Whereas the right of suffrage prescribed by the constitutions of the 116veral States not embraced in it. is subject to the fifteeDth amendment to the Constitution of the United States, I do not know whether the present occupant of the chair [Mr. which is as follows : SPRINGER in the chair] was present and appreciated the whole force "ARTICLE XV. of the rule adopted on last Monday. The object sought and attained "SECTION 1: The right of citizens of the United States to vote shall not be denied by that rnJe, which was agreed upon, as will be remembered, after a or abridged by the United States or by any State on account of race, color, or pre- vious condition of servitude. day's filibustering, was that committees which had not reported (and "SEc. 2. The Congress shall have power to enforce Uris article by appropriate leg· I ask the attention of the Chair to this as a cardinal point) should islation:" be allowed to report. The Chair will remember that through the and whereas the exercise of the right of suffrage so prescribed and regulated whole of that sometimes boisterous day especial significance was should be faithfully maintained and observed by the United States and the several laid upon the importance of having both the majority and minority States and the citizens thereof; and whereas it is asserted that the exercise of the right of suffrage is in some of the States, notwithstanding the efforts of all good reports from a committee come in at the same time. Discussion upon citizens to the contrary, resisted and controlled by fraud, intimidation, and vio- that point swayed from one side to the other; largely between my lence-, so that in such cases the object of the amendment is defeated; and whereas friend from New York [Mr. Cox] and myself. Finally, coming to- all citizens without distinction of race, or class, or color are entitled to the protec. tion conferred by such article: Therefore. gether a8 we did in a spirit of fairness, that rule was established. And its object, Mr. Speaker, was that all committees which had not Mr. COX. I had proposed to a-sk a division so as to have a sepa- reported should be allowed to get their reports before the Honse and rate vote on that part of the preamble which makes an assertion of before the country on certain conditions. The report submitted by certain facts, because that assertion is not considered as absolutely the gentleman from New York [Mr. BEEBE] does not in any regard true. But I withdraw that call for a division. come under the principles which were established by that resolution. Mr. LORD: The preamble makes no affirmation of facts; it merely His is a report which has been already presented, upon which su b;ject declares that "it is a8serted," &c. a minority report has also been presented; and the two have been Several members objected to d~bate. printed, gone to the country, and been recommitted to the committee The question was taken on agreeing to the preamble ; and there not to be brought back by a motion to reconsider. This case was not were-yea8 125, nays 31, not voting 129 ; as follows: affected, I claim, by the rule that we adopted; and, to show that, I YEAS-Messrs. Ainsworth, Anderson, Ashe, Atkins, Bagby,.TohnH.Bagley,jr., call the attention of the Chair to a part of the colloquy which took William H. Baker, Ballou, Banks, Banning, Blair, Boone Bradley, William R. place on that day. Brown, Horatio C. Burchard, Burleigh, Cannon, Caswell, Cate, Conger, Crounse, The point had come np as to when the rule established should ap- Cotler, Danford, Davis, Dary, Durand, Eames, ~den, Egbert, Evans, Finley, Fort, ply. Here is the RECORD: Foster, Freeman, Frye, Garfield, Goodin, Gunter, Hale, Andrew H. Ha.milton, Han. cook, Hardenbergh, Benjamin W. Harris, Hartzell, Haymond, Henderson, Hoar, Mr. HALE. Then let it be understood that this agreement is prospective, not Hooker, :m,pkins, Honse, Hurlbut, Hyman, Thomas L . .Tones, .Joyce, Kasson, ·Kehr, retrospective. lUmba.ll, !Ui:lg, Franklin Landers, Lane, Lapham, Lawrence, Lord Luttrell, Lynch, Mr. SPRINGER- Lynde, Magoon, Maish, lfa,cDoo~all, McCrary, McDill, McFarland; McMahon, Met. The present iqcumbent of the chair- calfe, Miller, Monroe, :Morgan, Nash, New, Norton, Packer, Payne, Pierce, Potter, Pratt, Rainey, Rea, .John Reilly, James B. Reilly, Riddle, .John Robbins, Robinson, And also that where the majority and the minority of a committee are now Rusk, Sampson, Savage, Singleton, Siunickson, Slemons, A. Herr Smith, William ready to report they can report at any time 1 E. Smith, Spencer, Springer, Strait, Stenger, Stevenson, Stone, Thompson, Thorn· Mr. HALE. Certainly. . borl$h, Washington Townsend, Tufts, Turney, Van Vorhes, Robert B. Vance, Wait, Mr. YEATES. The arrangement to date from thiS day. White, Whiti.n~, Whittborne, Wi~ginton; Willard, Alpbeus S. Williams, James Mr. HALE. From this day. Williams, Wilham B. Williams, Willis, .Tames Wilson, and Yeates-125.1 Mr. BEEBE- NAYS-Messrs. BlaBd, Bradford, Bright, Cabell, John H. Caldwell, .John B. Raising then the question raised now- Clarke of Kentucky, Clymer, Cook, Dibrell, Durham, Felton, Forney, Fmnklin, Hereford, Goldsmith W. Hewitt, Hunton, Hurd, Lewis, Mutchler, Piper, Popple. How will that arrangement a.ft"ect the cases where the majority and the minonty ton. ~an, Rice, William M. Robbins, Tarbox, Terry, Thomas, Throckmorton, reporta have been printed and recommitted, not to be brought back on a motion .John L. \tance, Waddell, and Jeremiah N. Williams-31. to reconsider Y Could not those committees report at any time, the minority being NOT VOTING-Messrs. Abbott, Adams, George A. Bagley, .rohn H. Baker, Bass, ready¥ . Beebe, Bell, Blackburn, Bliss, Blount, John Young Brown, Buckner, Samuel D. Mr. YEATES. They have already reported. Burchard, William P. Caldwell, Campbell, Candler, Cason, Caulfield, Chapin, Chit. Showing what the view was then, that these were outside of the tenden, John B. Clark, jr., of Missouri. Cochrane, Collins, Cowan, .Cox, Crapo, Cul- berson, DarraH, De Bolt, Denison, Dobbins, Douglas, Dunnell, Ellis, Ely, Faulkner, scope of the resolution. Fuller, Gause, Gibson, Glover, Goode, Robert Hamilton, Haralson, Henry R. Harris, Mr. WAIT. I cannot see the embarrassment the gentleman from New York rM:r. ,John T. H1m•is, Harrison, Hartridge, Hatcher, Hathorn, Hays, Hendee, Henkle, · BEEBE] speaks of. If the majority and the minority are both ready to report, then AbramS. Hewitt, Hill, Hoge, Holman, Hoskins, Hubbell, Hunter, .Jenks, Frank they can report at any time. · · Jones, Kelley, Knott, Lamar, George M. Landers, Leavenworth, Le Moyna, Levy, · Mackey, Meade, Milliken, Mills, Money, Morrison, Nea.l, O'Brien, Odell, Oliver, Below on the same page, after the gentleman from New York [Mr. O'Neill,;J>age, Phelps, .John F. Philips, William A. Phillips, Plaisted, Platt, Powell, Cox] read the- proposition as agreed to, I find this : Purman, Randall, Roberts, Miles Ross, Sobieski Ross, Sayler, Scales, Schleicher, Mr. HALE. That is a fair proposition, and unless that can be agreed to there is Schomaker, Seelye, Sheakley, Smalls, Southard, Sparks, Stowell, Swann, Tease, no use in talking any further about it. Martin I. Townsend, Tucker, Waldron, Charles C. B. Walker, Gilbert C. Walker, Alexander S. Wallace, John \V. Wallace, Walling, Walsh, Ward, Warren, Erastus The proposition stated to be fair is this: Wells, G. Wiley Wells, Wheeler, Whiteoo0116, Wike, Andrew Williams, Charles "Resolved, That the investigating committees may have leave to report during the G. Williams, .Tames D. Williams, Wilshire, Benjamin Wilson, Alan Wood,jr., Fer. remainder of this session at any time after forty-eight hours from the time the com- nando Wood, Woodburn, Woodworth, and Young-119. mittee have agreed to their report and submittea the same to tbe minority, who shall have leave at the same time to submit their views to the Hoose; but if the minority So the preamble was adopted. is absent from the meeting of the committee then notice shall be given in the Rouse During the roll-call the following announcements were made : itself." Mr. HEREFORD. My colleague, Mr. FAULKNER, is quite sick to- Mr. BEEBE. Will there be objection to adding that in all cases where both the day, and is therefore absent. . . majority and minority are ready both reporU! may be made at any time¥ Mr. HOUSE. , My colleague, Mr. YoUNG, is detained from the Honse Showing the gentleman himself wanted something more added to by sickness. the rule to bring his committee in. Mr. WILLIS. I am paired with my colleague, Mr. LEAVENWORTH. Mr. Cox. Nobody will object to that. If he were here he would vote as I have done," ay." My colleague, Mr. BURCHARD, of lllinois. I object to that with closed doors. Mr. Buss, is absent by order of the House. If here he would vote Mr. BEEBE. I put the question to my friend from Maine. Mr. HALE. What is' the question~ "ay." Mr. BEEBE. Is there objection where the majority and minority are both ready Mr. STENGER. My colleague, Mr. JENKS, is absent by leave of the to their reporting at any time! House. Mr. SCALES. I am paired with the gentleman from Massachusetts, Showing again he did not consider his committee came in under the Mr. SEELYE. If he were here,he would yote "ay," and I should vote rule, but must come in, ·if at all, under the proposition that both the "no." . majority and minority are ready; then it could come in. . Mr. FOSTER. I am paired with my colleague, Mr. WALLING. I Mr. HALE. Of course there is no objection to that. This agreement does not apply to such a case as that. presume that if he were present he would vote "ay," as I have. The result of the vote was announced as above stated. And there, Mr. Speaker, the question was left, clearly showing at Mr. LORD moved to reconsider the vote by which the preamble the time it wa8 understood both by the Honse and, as I believe it was ~opted; and alao moved that the motion to reconsider be laid on must have been, by the Speaker that the rule as established was for the table. , the purpose of bringing in the reports of committees who had no op- The latter motion was agreed to. portunity of getting before the House and the country on forty-eight hours' notice. But in no regard did it apply to a case where a com- CLAIM OF TILTON, WHEELWRIGHT & CO. mittee had ~ot in and had its report printed and the views of the Mr. BEEBE. I desire to m~ke a privilegea report from the Com- minority prmted; and both· report8 were recommitted, not to be mittee on Expenditures in the Navy Department. The cc;>mmittee brought back on a motion to reconsider. · have directed Jlle to J;eport the testimony taken by them, together As to the other proposition, the gentleman from New York suggested with ~he report of the majority and the yiews of the minority, with at that time whether the committee may report when both sides are reference tliereto. I ask for the reading of the resolutions appended ready and the question came up. I do not raise that now. I raise to the report of the majority. the point, and a8k the ruling of the Chair on it, as to whether the Mr. HALE. I rise to make a point of order. I presume that the agreement we made on Monday last does include committees which ~entleman from New York [Mr. BEEBE] introduces this report claim- had already reported and their reports sent back, not to be brought mg t.hat it co~es under the resolution which was adopted on Monday back on a. motion to reconsider. I understand at the time that it did 1876. CONGRESSIONAL RECORD-HOUSE. 5423 not. What I have read of the colloquy shows members so · under- that had not got into the ]Jouse should get in f Does he not bear in stand it. The gentleman from New York cannot have otherwise un- mind that those committees that had got in here had had their op- derstood it, because he claimed they came in in ·another way. It was portunity f They come in with their reports and have them printed so left in the a!P'eement submitted by the gentleman from NewYork, and they go to the country, and then they1 themselves a-sk that the [Mr. Cox,] which was then adopted by the House, and it was under- reports be recommitted, which is done on the customary order, not to stood it did not embrace such Qases. It wa-s an important agreement, be brought back on a motion to reconsider. It was not those com- and it •must be construed strictly, as the lawyer in the chair must mittees that the gentleman from New York [¥r. Cox] or any gen- know. tleman, ~ take it, sought to get at by this resolution. Those commit- Mr. BEEBE. Mr. Speaker, the gentleman from Maine ha-s stopped tees had been in, had reported, had got their reports before the pub- short of the resolution which was finally adopted as the result of the lic. It was another class of committees we were wrangling about on proceedings had on the occasion to which he has alluded. I did en- Monday. deavor during the progress of the discussion to have it distinctly un- Mr. YEATES. I will answer the gentleman's question. I under- derstood that the proposition should include those committees where stood the whole point made upon this question to be that the minor- reports have been submitted and recommitted with an order to be ities of committees that had not made reports should have an oppor- pJi.nted not to be brought back, &c. I was struggling throughout for tunit.y of being heard. what I believe I obtained on that occasion: prio~ity over committees 1\Ir, HALE. That was it. where no reports had been made at all. I stated then that this com- Mr. YEATES. But I did not understand that it prevented a report mittee had agreed upon their report. I s.t ated that this minority re- being taken up that had -already been made where the minority had port had been submitted here and had been printed by order of the ·been heard, for the gentleman said his object was not to prevent re- House. ports of committees or action upon them, but to proteGt minorities. Now, sir, I claim, independently of the resolution adopted on that That was the ground the gentleman took. occasion, the intendment, the necessary construction of the language Mr. COX. I wish to ask the gentleman from Maine whether he used during the discussion on that day, bears me out in the claim desires by this point of order to obstruct the reports of a majority that I could have reported at any moment after that understanding and a minority of a committee coming in where there is perfect ac- had been reached; and, desiring toexerciseabundantcaution, !planted cord between the majority and the minority t If he does not mean myself on the resolution which the gentleman has carefully refrained that, what can he mean f from reading. · · lir. HALE. Let me tell the gentleman what I mean. I ask the clerk to read the resolution adopted as the final de~r- Mr. COX. In a moment. Now thE) gentleman disavowed that the mination of the discussion had on Monday. other day.· And om: basis of a!ITeement was precisely this: The Mr. HALE. That is what I just read. only contest on that side of the Honse was that the minority should Mr. BEEBE. I did not hear the gentleman read it. have sufficient notification. That was our agreement. We agreed, The Clerk read as follows : as the record shows, where the majority and minority did agree to Reaol'Ded, That the investigation committeeS may have leave to report during the report, whether the reports were·recommitted or otherwise, no con- remainder of this session at any time after forty-eight hours' notice from the time test should be made. the committee have agreed to the report and submitted the same to the minori~ Mr. HALE. Now let me answer the gentleman's question. I do who shall have leave at the same time to submit theii views to the House; and U not propose where the majority ahd minority of th~ committee have the minority is absent from the meeting, said notice of the same shall be given in agreed upon a report outside of this resolution which was adopted the Honse. · on Monday and where they a-sk aconsiderationoftheir reports to ob- Mr. BEEBE. According to my recollection the gentleman from ject, but what I do object to is that the gentleman should attempt to Maine did not read that resolution. bring in this report under that resolution; he can come in outside of Mr. HALE. Why, yes; I did. the resolution. Mr. BEEBE. That is a matter of recollection, and it is not impor- The SPEAKER pro tempore. The Chair then understands the gen- tant. tleman from Maine to withdraw his point of order. Now, Mr. Speaker, it will be seen that the resolution clearly author- Mr. HALE. No, I insist on the point of order if the report be pressed izes all committees to report where there had been a submission of under this resolution. I will not object to the introduction of the the views of the majority to the minority forty-eight hours before the majority and minority reports where both parties have agreed that report is sought or attempted to be introduced. My position was that under this, resolution the report of the gentleman from. New York without submitting anything to the minority in a case of this kind [Mr. BEEBE] is not in order. we had a righti to report at any time. But the committee was called The SPEAKER pro ten~pore. Is the gentleman from New York de- together. The gentleman who submits the views of the minority sirous to report these 1·esolntions independently of the resolution accepted notice then, and he will accept it now. He wa-s notified adopted on Monday last f The Chair need not decide on the point of more than forty-eight hours ago. And under any possible construc- order raised by the gentleinan ;from Maine. tion this committee is now authorized and entitled to report. I do Mr. HALE. Certainly, if the gentleman does not. claim to report not care to take up further time of the House in the discussion of a it under the resolution. I w\ll not press the point of order. proposition which to me seems so clear and plain. Mr. BEEBE. I claim the privilege to m~ke this report under the Mr. YEATES. As the gentleman from Maine has alluded to me, I resolution adopted on Monday last, which was clear and explicit. wish to state what I consider to be the agreement that we entered I claim that under the unwritten agreement of the House, as man- into prior to the adoption of that resolution. ifested by the discussion at the time, I had a. right to report at any I understood, Mr. Speaker, from the gentleman from Maine [Mr. time. In witness of that fact I will call the attention of the Honse IIALE] that the objection raised on his aide of the House was to any to what occurred on that occasion. I desire, inasmuch as the gentle- report being brought in here where the minority would not have the man from Maine [Mr. Il.A.L.E] has reiterated the statementtha,thehad opportunity of being heard. And to prevent that, resort was had to no objection to the majority and minority reports being presented at calls of t.he House, by which considerable delay was occasioned. the same time, I want to hold up the gentleman's own action upon· Finally, for the purpose of allowing the .minority the opportunity to that occasion as a mirror in which he can see his present action. be heard, as he requested-and if you look back to the gentleman's I call attention to the fact that when that committee made their remarks you will see he so stated it-the resolution of the gentleman report they asked it should be a special order by agreement, and that from New York [Mr. Cox] was offered and adopted, giving the mi- was objected to by the gen:leman from Maine. In view of that nority the relief they sought. I said that certain reports had already objection the committee could do nothing more than that which been made, and the reason I said that was this: These reports having he was willing to allow them to do, and that was to present their been made to the House, the minority reports being in as well as the report and have it printed and recommitted to the committee, not to majority reports, no advantage could be taken of 4he minority; and be brought back by motion to reconsider, as the parliamentary phrase therefore they were not included in this agreement. That was what is. Now, I wish the Chair to understand the committee claim the · I meant, and I meant nothing else. right to report these resolutions without reference to the resolution The gentleman from Maine [Mr. HALE] distinctly stated that what adopted on Monday laat, and, further, they claim the right to report he wanted was that the minority should have a fair chance of being it under that resolution, the terms of which are too explicit to be heard, and that no report should be brought in here at the end of the disputed. session or at any time when the minority could not be heard; and I The SPEAKER pro tempore. It is clear that under the rOles of the was willing to adopt his views on that subject, not believing it was House the gentleman has no right to submit a report from a standing the design of any one to prevent the minority of a committee beinO' committee of the House at this time; andif the ~entlemanfromNew heard. The object was to give fnll guarantee that the minority should York has a right to report now he derives that nght from the order be heard; but where reports had been made, the majority making a made by the House on Monday. That order has been read, and it is report and the minority making a report, wherefore should we have not necessary that the Chair should now read it again. That reso- any delay, both sides having been fully represented t I think that lution unquestionably was intended to embody the sense of the House; . was the true meaning of the resolution offered by the gentleman from and it is not necessary to consult the debates preceding its adoption, New York, [Mr. Cox,1 and that I think was the full understanding in order to construe it, unless its language is susceptible of two con- of the House in adopting it. structions or is of doubtful meaning. But this is not the case. The Mr. HALE. Let me ask the gentleman a question. order, or resolution, provides that investigation committees may re- Mr. YEATES. I will hear the gentleman. . port at any time after forty-eight hours from the time the committee M.J;. HALE. Did thegentlemanfromNorthCarolina[Mr. YEATES] have agreed to report and submitted the same to the minority, and realize, at that time, that what was wanted was that committees this committee having agreed upon their report have a right to re- 5424 CONGRESSIONAL RECORD-HOUSE. AUGUST 10, port now. Then, if forty-eight hours' notice has been given to the Mr. BEEBE. The whole trouble rests here. This committee bas minority that the maJority report will be submitted to the Honse, of recommended the removal of a high officer of this Government, and course they have a. nght to make the report. The Chair does not the other side of the House dare not face the music on the record know what is the fact in reference to that matter. made. ' Mr. BEEBE. I stated that to be the fact; and the ~entleman from Mr. WILSON, of Iowa. We do not know that; we have not heard New York, [Mr. BAKER,] who represents the minonty of the com- .the resolutions read yet. mittee, alld myself are not at all at variance upon that question. Mr. HALE. I think the gentleman has no reason to say that this The SPEAKER pro tempore. That being the case, the Chair will side of the House is afraid of any recommendations from the other side. overrule the point of order. The Chair does not know whether this There have been other recommendations made, and I do not think report now submitted to the House has ever been submitted to the this side of the House has shown any fear to meet them. House before and been recommitted. It comes to the House now as Mr. HURLBUT. Is there any doubt in the mind of the Speaker the report of a committee under the new order of Monday last. as to the point of order raised by the gentleman from Iowa, [Mr. · Mr. CONGER. Will the Chair allow the minoricy to speak on that WILSON!] point, as was done yesterday T The SPEAKER pro tempore. The Chair will hear the gentleman Mr. BAKER, of New York. This report was .made from the 1st of fromlllinois, [Mr. HURLBUT.] August, and was ordered to be printed. We have so bmitted our re- Mr. HURLBUT. I presume there can be no question-about it. The port; and the only object, as I understand it, now on the part of the business of the highest privilege now is the unfinished business of yes- chairman is that at this time the two reports may be discussed. Now terday, and the gentleman from Pennsylvania [Mr. TOWNSEND] is I have no ambition to engage in such a discussion. The reports were entitled to the floor on that business; there can be no question abont submitted to the House and ordered to be printed before the arrange- that. I understand that he is now ready to take the floor. . ment on Monday last was rriade. · Mr. LAWRENCE. It has been repeatedly decided by the Speaker The SPEAKER pro tempm·e. Then the Chair understands that the that the mifinished business takes precedence of everything else. report is in order, and the Clerk will read the resolution reported · Mr. BEEBE. I desire to state that the gentlema.n from Pennsyl- by the majority of the committee. vania [Mr. ToWNSEND] came to me this morning and spoke in refer- Mr. HALE. Where is the minority reportf It should also be be- ence to this matter. I stated to him that we desired action on this fore the Honse. report, and that in my judgment, unless much time was desired by The SPEAKER pro tempore. The Clerk will first read the resolu- gentlemen on their side of the House, it would not involve any great tions reported by the majority of the committee. length of time to enable the House to come to a conclusion upon it. Mr. HALE. This is a matter cognate tow hat has engroSsed a great Mr. WILSON, of Iowa. A single word. I do not rise for the pur- deal of the time of the Honse, and I do not see that tb~re is any need pose of antagonizing the gentleman from New York, [Mr. BEEBE;] I for further discussion upon it. It is proposed that the two reports never do that. I merely want it distinctly understood how we shall shall go to the country together. I can if I choose call for the read- proceed with these highly privileged questions which we have so ing of both reports, which will take up the most of the day; but it many of. If the gentleman from Pennsylvania [Mr. ToWNSEND] de- seems to me that in the cases of other investigations, and notably so sires to withdraw his claim to the floor at this time, I have no objec- in the investigation into naval affairs and the real-estate pool and tion at all, and I am willing to vote on any resolution that may come Jay Cooke & Co.'s indebtedness, of which the gentleman from Mis- beforelthe Honse. But we must observe our rules of practice here, souri {Mr. GLOVER] is chainnan, their reports were referred to the or we will get so badly mixed up as not to know what we are about. Committeeon theJudiciary, and I think that this report should take Mr. TOWNSEND, of Pennsylvania. The pending question is on the same reference. . the motion of the gentleman from Maine [Mr. !Lu.E] to reconsider Mr. BEEBE. This committee comes here with the majority report the vote by which the message of the President on the sundry civil recommending positive action by the House, and it is the desire of appropriation bill was referred to the Committee on Appropriations. the majority of that committee to get an expression of opinion from Mr. BEEBE. That is not the pending question while I have the the House in reference to the several resolutions attached to the floor. majority report. That was my object in requesting that the resolu- Mr. TOWNSEND, of Pennsylvania. Upon that question I am en- tions might be read. If the gentleman from Maine [Mr.IIALE] de- titled to the floor. If I understand the rules of the Honse that motion sires to inform himself by having these reports read in full after they to reconsider is a question of the highest privilege. If it be so and have been before this Honse for more than a week, and on file in the I am entitled to the floor, I desire now' to take it and go on with my document-room, where he could have secured a copy at any time, it remarks. will not take forty minutes to read both reports. What I desire is The SPEAKER pro tempore. The Chair will deciC!.e the point o:f action at this time upon the resolutions. order raised by the gentleman from Iowa, [Mr. WILSON.] The gen- Mr. HALE. Do the minority of the committee submit a resolution f tleman from New York [Mr. BEEBE] having submitted a report which The SPEAKER pro tempore. The Chair is informed that the mi- the Chair baa held to be privileged, and the Clerk having proceeded nority submit no resolution. to read or being about to proceed to read the resolutions accom- Mr. WILSON, of Iowa. I think there is one thing which does not panying the report without objection from any one, the Chair thinks seem to be properly understood by the House relative to the right of the Jtoint of order comes too late. a committee .having leave to re:port at any time. There are various If reference to the other question raised, however, the Chair will committees that can report at any time, notably these investigating decide it upon its merits. The question of reconsideration is now committees and committees of conference, &c. But I do not under- remitted to the order of unfinished business ; and as such the Chair stand that that gives those committees the unquestioned right to does not understand that it .takes precedence of a privileged ques- ·have their reports considered by the House at the time when sub- tion, such, for instance, as the right of a committee of conference to -m itted unless there is no other business before the House. report at any time. This committee having claimed the right under Now this House has under consideration at this time as unfinished the recent order of the Honse to report at any time, it is now in or- business the motion of the gentleman from Maine [Mr. HALE] to re- der to submit that report. If, however, the gentleman from Penn- consider the vote referring the President's message on the sundry sylvania [Mr. TOWNSEND] had obtained the floor immediately after civil appropriation bill to the Committee on Appropriations. On that the reading of the journal and claimed the right to speak on the un- unfinished business the gentleman from Pennsylvania [Mr. ToWN- finished business, he could not have been taken from the floor, that SEND] had the floor yesterday and yielded to a motion to adjourn. being the business then in order. But the floor has been taken by Now there is no doubt a.t·all about the right to enter a motion to re- another gentleman who has submitted a report, which the Chair consider or the right to report at any time of these investigating thinks now in order. The gentleman from New York [Mr. BEEBE] is committees, or the right of a committee of conference to report even therefore entitled to the floor. in the midst of other business before the House. But that other busi- Mr. BEEBE. I ask that the resolution appended to the majority ness must first be disposed of in some manner before the report of an report be read. investigating committee can be considered. If this motion to recon- The Clerk read as follows : sider, which is . now the unfinished business, was disposed of, then Resolved, That Isaiah Hanscom, chief of the Bureau of Construction and Repair anybody could raise the question of consideration upon the report of of the Navy Department, is unworthy and incompetent to hold that position, and an invesijgating committee. But the Honse adjourned on yesterday that the interests of the Bureau, the Department, and the ~vernment require his with the gentleman from Pennsylvania [Mr. ToWNSEND] on the floor, removal. and he undo-ubtedly has now the right to finish his remarks on that ReaolTJed, That by reason of the ne~ligence of George M. Robeson, Secretary of the Navy, and his order to pay the firm of Tilton, Wheelwright & Co. the claim question of high privilege, almost the highest known to the House, presented by them in January, 1874, the Government of the United States was de· before the gent1eman from New york [Mr. BEEBE] can demand con- franded by said Tilton, Wheelwright & Co. of the sum so paid, to wit;, J}2,019.10. sideration of his report. That is the point of order I make. RP.solTJed, That a copy of the annexed testimony, together with tho reports of the , m~ority and minority of the committee and of these resolutions, with notice of the Mr. BEEBE. When a committee is authorized to report at any ootwn of the House of Representatives herein, be laid before the President of the time, it is authorized to make its report for action and for considera- United Sta.tes by the Clerk of this House. 'timf. Such is the universal, unvarying practice of this House. Mr. WILSON, of Iowa.. Will the gentleman refer to some instance Mr. CONGER. This is a very important matter, affecting two cit-' of that kind f izens of tbe United States. I a£k that before the House passes upon Mr. BEEBE. When the Co~ttee on Appropriations report a bill these resolutions the report be read. it is for action. · · Mr. LAWRENCE. And the views of the minority! Mr. WILSON, of Iowa. No; it is for reference to the Committee Mr. CONGER. I call for the reading of the majority re:po:rt and the of the Whole on the state of the Union. views of the minority._ 1876. CONGRESSIONAIJ RECORD-HOUSE. 5425 The SPEAKER pro tentpo1·e. The gentleman from New York [Mr. the construction, repair, preservation, and completion of certain public works on BEEBE] is entitled to the floor for one hour. livers and harbors, and for other pur~oses, having met, after a full and free con- ference have agreed to recommend, and do recommend, to their respective Houses, Mr. BEEBE. I do not understand that this reading will come out as follows : of my time.. Tbat the Senate recede from its amendments numbered 1, 4, 6, 12, 35, 46, 78, 102, The SPEAKER rn·o tem,pore. The Chair understands that any gen- 110, 128. . tleman would have the right to call for the reading of a paper before That the House recede from its disagreement to the amendments of the Senate numbered 2, 3, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 21, 24, 25, 26, 27, 28, 29, 30, he is required to vote upon it. a7, 31 , 32, 33, 34, 36, eo. as, 39, 40, 41, 43, 45, 47, 48. 49, so, 51, 52, 53, 54, 55, 58, 59, 61, Mr. CONGER. I believe I am entitled to ask the reading before 62, 63, 64, 65, 66, 6?l 68, 69, 70, 71, 72, 73, 74, 76, 77, 79, 80, 81, 82, 83, 84, 86, 87, 88, 89, we consider it. 90, !l1, 9-2, 94, 95, 96, 97. 98, 99, 100, 103, 104, 106, 107, 108, 109, 111, 112, 114, 115, 117, 118, 120, 121, 124, 125, 126, 127, 129, 130, 131, U2, 133, 135, 136, 137, 138, 139, 140, 141, Mr. HALE. The Chair on a moment's reflection must see that the 14~. 143. 144, 145, 146, 147, H9, 150, 151, 152, 154, 155, 156, 157, 158, 159, 162, and 164; reports must first be read before tbere is any discussion of the ques- and agree to the same. · tion by any gentleman. It is the reports that come in here this That the Senate recede frQm its amendment numbered 5, and agree to the cl&use morning ; and they must be read before the House can be asked to proposed to be stricken out, with an amendment as follows: Insert "three" in lieu of "five:" and the Honse agree thereto. consider them. The Chair, if he will refresh his recollection, must That the House recede from its disagreement to the amendment of the Senate remember that reports are a.] ways read at once before any gentleman numbered 1, and agree t.o the same, with an amendment as follows: In lieu of the takes the floor. A report is not before the House until it is read, if words proposed to be inserted insert the words " and fifty ; " and the Senate agree a.ny gentleman aaks for the reading. to the same. That the Senate recede from its amendment numbered 13, and agree to the clause I beg· to call the attention of the Chair to an illustration. Even proposed to be stricken out, with an amendment as follows: Insert" five" in lieu of in the case of an appropriation bill coming before the Honse,,it is "ten; " and tbe Honse agree to the same. first read before the ·gent.leman reporting it can submit his remarks. That the Honse recede from its disagreement to the amendment of the Senate It is first read as a whole; then the speech-making comes in; and numbered 42, and agree to the same, with an amendment as follows: In lieu of the words proposed to b.e inserted insert" and thirty-two; 11 and after the word" tbou- then the bill is read by clauses for amendment. The primary funda- sa.ml, '' in line 1, page 6 of the bill, insert "five hundred;" and the Senate agree to mental proceeding in the consideration of a report is the reading of thesame. • th~~~ . That the Senate recede from its IJlllendment numbered 44, and agree to the clause Mr. HOAR. The Chair will pardon me for suggesting that the propOSed to be StriOken OUt, with an amendment M fOllOWS: Insert 10 fifteen II in lieU of "twenty.five;" and the House agree thereto. right given to a committee to report at any time is not a right to offer That the Senate recede from i•samendmentnumbered 56, and agree to the clause resolutions at any time but to present a report. It is a report that is proposed to be stricken out. with an amendment as follows: Insert" thirteen" in to be submitted; and it must be read to the Honse if any gentleman lieu of "thirty ;" and the House agree to the same. desires it. I do not know that the gentleman from New York [Mr. numlwred That tho Honse recede from its disaJ!l'eement to the amendment of the Senate 57, and a..,"TTO to the same, with annmcndmenta.sfollows: Insert "thirty- BEEBE] baa any choice-from what he baa said !suppose he has not- f'.i ght" in lien of "forty;'~ and the Senate agree to the same. as to whether the report shall be first read and his remarks he made That the House recetle from its disa.~ment to the amendment of the Senate afterward. numbered 75, and agree to the same, with an amendment as follows : Strike out Mr. BEEBE. I have no objection to the reading of the repo~; . That the "five;" and the Senate agree to the Aame. . House recede from ita disagreement to the amenllment of the Senate bot I do not think it should come out of my time. numbered 85, and a.,ITJ'OO to the same, with an amendment as follows: Strike out Mr. HOAR. The Chair will pardon me for reminding him that the "sixty.six" and insert" fifty;" and the Senate agree to the same · practice in regard. to private bill.s 1·eported fi'Om committees settles That the Senat.e recede from its amendment numbered 93, and agree to the clause proposed to be stricken out, with an amendment as follows: In lieu of ''three thou- this question. sand" insert "twenty-five hundred;" and the Honse agree to the same. Mr. HALE. It is not claimed that the reading of the report will That the Honse recede from its disa:;..rreement to the amendment of the Senate come out of the. time of the gentleman from N~w York. Of course numbered 101, and agree to the same, with an amendment as follows: In lien of he will have his honr. "three thousand nine llundred and sixty," insert" thirty-five thousand;" and the The SPEAKER p1·o tempo1·e. The Chair understood the gentleman Senate a!!l'ee to the same. That the · House recede from its disa~ment to the amendment of the Senate from New York to take the 'floor for the purpose of discussing this numbered 16.'> and agree to the same, With an amendmeutas follows: Insert "one 9.uestion; and the reading waa called for afterward; but that ques- hundred and forty-two" in lieu of "one hundred and fifty :11 and the Senate agree tion is waived by the statement of the gentleman from New York toThat the same. the Senat.e recede from ita amendment numbered 113, and agree to the clause that he does not desire the floor now. Therefore as the reading of proposed to be sticken out, with the following aDiendment: In lieu of "50,000 11 in- the reports has been called for, they will be read. sert "29,600;" and the House agree to the sanie. The Clerk proceeded to read the reports, but was interrupted by a That the House recede from its disagreement to the amendment of the Senate numbered 116, and agree to the same, with an amendment as follows: In lien of MESSAGE FROl'ti THE SENATE. "50" insert "ao; " and the Senate agree thereto. Tl1at tb"' Senate recede from its aDiendment numbered 119, and agree to the clause A message from the Senate, by Mr. SYMPSON, one of their clerks, an- proposed to be stricken out, with an amendment as follows : In lieu of "seven" in- nounced that the Senate had agreed to the report of the committee sert "five; " and the House agree t.hereto. of conference on the disagreeing votes of the two Houses on the bill That the Senate recede from its amendment numbered 122, and agree to the clause (H. R. No. 3022) making appropriations for the construction, repair, of proposed to be stricken out, with an amendment as follows : Insert "five 11 in lien "ten; " anTIN9"-Messre . .Abbott, .Adams, George .A. Bagley, Bass, Bell, Bla.ck- Report. burn1 Blarr, Bliss, Blount, John Youn~ Brown, Buckner, Samuel D. Burchard William P . Caldwell, Campbell, Candler, Caulfield, Chapin, Chittenden, Cochrane' Mr. MAcDOUGALL. .As I am obliged to leave town by the fiv~­ C!>llina, Cowan, Cox, Crapo1 Culberson, Danford, DarraH, De Bolt, Denison, Dob: o'clock train, I desire now to submit a report from the Committee on bms, Douglas, Dunnell, Ellis, Ely, Faulkner, Fuller, Gause, Gibson Glover Goode Military Affairs. Rob rt Hamilton, Haralson, Henry R. Harris, John T . Harris, Harrison &rtridge' Hatcher, Hathorn, Havs, Hendee, Henkle, AbramS. Hewitt, Hill Hoge Holman' Mr. RANDALL. I give notice that after the report of the gentle- Hooker, Hopkins, Hos'ki.ns, Hubbell, Hunter, Jenks, Frank Jon~ Joyoo Kelley' man from New York [Mr. MAcDOUGALL] is disposed of I 'hall call Knott, Lamar, George M. Landers, Leavenworth, Le Moyne~,.].ord, Mackey, MC: for the regular order. Farland Metcalfe, Miller, Milliken, Mills, Money, Morrison, .l.'jash Neal O'Brien MAJOR J. T. TURNER. Oliver, O'Neill, Phelps, John F . Philips, Plaisted, Platt, Pratt, Pdrman' Roberts' Miles Ross, Sobieski Ro s, Sayler, Schumaker, Seelye, Smalls, Southard, Sparks' Mr. MAcDOUGALL. I am instructed by the Committee on Mili- Stowell, Swann, Teese, Martin I. Townsend, Tucker,'Waldron, Charles C. B. Walk: tary Affairs M report back, with a recommendation that the same do er, Gilbert C. Walker, Alexander S. Wallace, John W Wallace, Wallina Walsh W ard, Warren, Erastus Wells, Wheeler, Whitehouse, Whitthorne Wike"Andre~ pass, Senate bill No.•561 for the relief of Major Junius T. Turner. Williams, Charles G. Williams, James D. Williams, Wilshire, &nj~ Wilson The bill was read. It authorizes and directs the Paymaster-Gen- Alan Wood, jr., Fernando Wood, Woodburn, Woodworth, and Young-12CJ. ' eral to pay to J uuius T. Turner, of Washington, District of Columbia, So t?e report of the committee of conference was agreed to. late a captain in the Third Regiment of Maryland Cavalry Volunteers, Durmg the call of the roll the following announcements were such sum as shall equal the travel-pay of a captain of volunteers made: from Washington, District of Columbia, ~ San Francisco, California., Mr. EDEN. My colleague, Mr. CAULFIELD, is detained from the such distance to be computed by the nearest traveled route. House by illness. The bill was ordered t-o a third reading, read the third time, and Mr. WOODBURN. On this question I am paired with Mr. BLACK- passed. I 5428 CONGRESSIONAL RECORD-HOUSE. AUGUST 10, Mr. MAcDOUGALL moved to reconsider the· vote by which the BL.U~'D,] if we strip it of all its machinery of gold notes and silver bill w.as passed; and also moved that the motion to reconsider be laid notes, and gold bars and silver bars, the whole case, in my judg- on the table. ment, lies in a very naiTow compass. It is simply this proposition, The latter motion was agrefld to. whether any national legislature can by statute prescribe and tix a PACIFIC MAIL STEAMSHIP COMPANY. certain definite proportion between the values of any two commodi- Mr. WAD DELL." I aak that the amendments to the bill (S. No: ties while the production of those commodities is left unrestricted 1021) allowing the Pacific Mail Steamship Company to carry the mails and free, whether those commodities be wheat and corn, or cloth and in their new iron steamsbips be insisted upon, and that the House muslin, or copper and nickel, or silver and gold, or any other products ugree to t.he conference asked by the Senate. of labor whatsoever. There being no objection, it was o1·dered accordingly. The friends of the bill of the gentleman from Missouri think that The SPEAKER pro tempo're announced the appointment of Mr. it can be done, and in his bill the gentleman has fixed the proportion WAD DELL, Mr. LUTTRELL, and Mr. GARFmLD as the conferees on the between silver and gold precisely at 16 to 1 by authorizing the re- part o~ the House. coinage of the silver dollar at 412.8 grains and leaving its coinage ORDER OF BUSINESS. unlimited and unrestricted, a.ud making it a legal tender of all debts, public and private, to auy amount, not specified to be paid in gold Mr. CONGER. Mr. Speaker, I withdrew a moment ago the call coin. for the reading of a report which would have occupied considerable I think the experience of the world shows a sufficient number of · time, mainly in order that some investigating committees who are instances where governments have endeavored to fix the proportions prepared to report might put in their reports to-night. I refer more between different kinds of money and have signally failed, to satisfy particularly, if the chairman is ready, to the investigation of Federal any reflecting mind of the impossibility of such a task. Our revo~ officers in Louisiana. I believe the committee are prepared to make lutionary fathers endeavored first to maintain an equality between their report without discussion, simply to have it printed. their paper issues and specie. Failhtg therei11, they next attempted The SPEAKER pro tentpore. The Chair must recognize the gentle- to mamtain a definite proportion between their paper money and the man from Pe'nnsylvania, [Mr. TOWNSEND,] who, under the rules, is Spanish silver dollar without any better success, for as the war went entitled to the floor. on the paper issues increased and their proportionate values were Mr. CONGER. There will be no discussion on this report. continually changing. Mr. TOWNSEND, of Pennsylvania. If I am entitled to the floor, The French revolutionary government, with ita wonderfnt energy I propose to go on. . and terribly despotic power, strove to regulate the prices of the prod- The SPEAKER pro tempore. The Chair recognizes the gentleman ucts. of industry, especially of the necessaries of life, and also to as eutit.led to the iloor. preserve an equality between their assignats and coin. To effect Mr. HUNTON. I ask the gentleman from Pennsylvania to yield this re~nlt they enacted the most severe penalties against any one for a moment to me that I may introduce a disability bill, which will who should attempt to sell at prices above what were fixed by law or not take any time. should hold coin at a higher value than the nominal value affixed to Mr. TOWNSEND, of Pennsylvania. I cannot yield to any one, be- their paper currency. They were not, however, more successful than cause there are so many applications to me that if I should yield to our revolutionary ancestors, and men bought, and sold, and paid all, I sl10uld not be able to proceed. prices for commodities, and accepted paper money or specie, accord- TEMPORARY APPROPRIATIO~S FOR SUPPORT OF THE GOVERNMENT. ing to their own views of -&heir respective values. The laws of trade Mr. TOWNSEND, of Pennsylvania, proceeded to address the House, and commerce were then, as now, stronger than the laws of the na- tional legislature. but during the delivery of his remarks, yielded to · As it has been with the prices of other commodities, so has it always Mr. RANDALL, who said: Mr. Speaker, the appropriation bills, I may say, are now substantially agreed upon. There are, howeve1·, a been with metallic currencies. Being the products of labor, they are regulated by the same commercial laws as wheat and corn, cotton thousand amendments embraced in the legislative bill alone, and it and is impossible that the clerks can prepare that uill and the others to- othermuslin, tobacco and whisky; supply and demand, the a.ction of governments on their currencies, and other factitious circum- day so that they may be presented to the two Houses for final passage. stances fixing their prices and varying their proportionate values in Iu view of this fact, it has been deemed proper, upon consultation the markets of the world. · with the Secretary of the Treasury, to present for adoption now a bill making temporary appropriations for the expenditures of the definite proportion between the it All governments have found impossible to preserve a fixed and different metals that they have used Government. The communication b.·om the Secretary of the Treas- for a currency. ury is in these words: Our own country is a notable instance of the difficulty; for alth.o ugh I think the time should be so extended aa to cover the passage of the appropria- we have had nominally a double standard or bimetallic currency, tion bills. · LO'.r M. MORRILL, yet really and practically it ha.~ been but a single one, sometimes of Secretary of fJI.e Treasury. silver and sometimes of gold, according to the value we may have Recognizing, in concurrence with the judgment of the Secretary, affixed by statute to the coinage of either metal. the necessity for a measure of this kind, 1 ask unanimous consent to Under the act of April 2, 179'2, establishing a mint, the proportion introduce a bill entitled "A bill to continue the provisions of an act between silver and gold, at the suggestion of Hamilton, then Secretary entitled '-'ul act to provide temporarily for the expenditures of the of the Treasury, was fixed at 15 to 1. By.that act the eagle contained Government.'" 24.75 grains of pure gold to the dollar or Zi grains standard, and the There being no objection, the bill (H. R. No. 4087) was introduced silver dollar contained 371t grains pure silver or 416 grains standard. and reoo a first and second time. By that legislation the gold was undervalued and the gold coins were 'fhe !Jill provides that the provisions of thEJ act approved July 31, exported to countries where they were valued higher. This propor~ 18i6, entitled "An act to continue the provisions of an act entitled tion remained until 1834, and silver was the practical currency, no 'An act to provide temporarily for the expenditures of the Govern- ·gold being seen in the hands of the people as a circulating medium. ment, approved June ::«>, 1876,'" be extended and continued in full The O'Old coinage between 1792 and 1834, both years included, was force aud effect until and including the 14th day of August, 187~ $15.680,000 only, while the silver coinage, less minor coins, reached Mr. RANDALL. That is next Monday. $39,690,000. The bill was ordered to be engrossed and read a third time; and In an endeavor to obtain a more correct valuation of the two met- being engrosied, it was accordingly read the third time, and passed, als and make a more proper adjustment of the proportion between there being ayes 98, noes not counted. · them, Congress, by the act of Jtme 28, 1834, fixed the quantity of Mr. RANDALL moved to reconsider the vote by which the bill was pure golcl in the eagle at 232 grains or 258 grains standard, the silver pa-ssed; and also moved that the motion to reconsider be laid on the dollar remaining as before, thus . making the proportion between th~ table. two metals, 15.407 to 1. . The latter motion was agreed to. This change reduced the amount of pure gold in the eagle about Mr. RANDALL. I now return the floor to my colleague, [Mr. 6.26 per cent. on its former weight, and the gold began to circulate TOWNSE~D, of Pennsylvania,] and thank him for his courtesy. as currency. It still did not produce the desired result; and on Janu- ary 18, 1837, anothe1· effort was made tO make statutory regulations GOLD AND SILVER COIN.A.GE. conform t.o the Jaws of commerce. and the weight of the silver dollar Mr. TOWNSEND, of Pennsylvania. Mr. Spea,ker, when the ham-· was fixed at 412t grains, the ratio between silver and gold being mer fell on my remarks on the silver question last Saturday after- thus arranged at nearly 16 to 1. noon I was about to give a brief history of our national legislation But commerce ruled. The price of silver in the market governed its on our metallic currency, and being prevented then:'! avail myself circulation, and from this period to 1853 the silver coinage disap- of the opportunity afforded me now briefly to g-ive that history. peared to a considerable e:x;tent and the pr~vailing coinage was gold, In doing so I will endeavor to avoid treating it from a partisan the double eagle and the gold dollar having been authorized by the stand-point, for it ought never to be considered a party question, and I act of March 3, 1849, in the proportions of standard gold in I be ea~~e. will speak of it entirely as a question of financial policy and politi- The effect of these laws of 1834 and 1B.'l7, together with the ais- cal economy. · covery of gold in California, was shown in the mint returns, which The only bill as yet reported to the Ho\186 on this subject is the showed a coinage of gold from 1B35 to 1852, inclusive of both years, of bill of the gentleman from MissoUii, although .other bills having a $221,011,000, and of silver, less minor coins, of $39,523,000 ouly. similar effect have been endeavored to be submitted to our attent.ion. ,n Notwithstanding these changes in the coinage the ver coins were With regard to the bill of the gentleman from Missouri, [Mr. exported, and: in order to keep .sufficient sU ver coins in the coon try for 1876. CONGRESSIONAL RECORD-HOUSE. 5429 change for the use of the people, on February 21, 1853, Congress de- ago it was sold at 47 pence per ounce, equal to 92.726 cents in our monetized those coins of a denomination less than a dollar and fixed currency, and making the silver dollar worth 74.53 cents in gold. the half dollar at 192 grains standard silver and the lesser denomina- At that price it would require 553.87 grains of silver in a. silver dollar tions in proportion, and fixed their legal-tender quality at $5, and au- to make it equal in value to a gold dollar, making the -proportion thorized the gold piece of $3. 21.46 to 1. By the last quotations it has risen to 51 pence per ounce, This reduction in weight and change in the proportion between the equivalent to 100.6 cents, and worth 86.53 per dollar, or 3.47 cents lesser silver coin:; and gold to 14.1!::8 to 1 and consequent overvalua- less than greenbacks, and requiring that there should be 477.04 grains tion of them, served to keep the subsidiary coins from exportation; of silver to equal a gold dollar, which would be about equal to 18.5 but the silver dollar, that remained at its weight of 4121- grains, was tol. undervalued, which, at the ruling prices of silver in the market, Such fluctuating values would disturb all the contracts and busi- caused its exportation, and left gold as the principal medium of ex- ness of the people and would require-continuous and vacillatin~ legis- change for the larger contracts of the people. lation to keep the proper proportions between gold and silver, if we The gold coinage from 1853 to 1873 inclusive was $580,111,000, and shonld endeavor to keop up a double standard. the silver coinage $G5,929,000. The effect of the contemplated law would be to substitute the 'l'he large production of gold between 1847 and 1873 disturbed the cheaper metallic cunency for the more valuable one, and remit us pl'Oportion between the silver and gold coins. In the latter year sil- back a{;ain to a single standard of bulky silver. It would .drive ver sold in the market at one hnndred and eighteen centfl per ounce, every aollar of gold out of the country, and give us a changing and the silver dollar was worth a fraiting the increase of the debt in this District. If the House Mr. WINDOM:. I move to amend the title in accordance with the say $500,000 is too much, let them put it down to 50,000 or what- amendment, so as to make it read: "A bill making an appropriation evor they thtnk proper, to be paid out of the Treasury. to assist in defraying the expenses of the District of Columbia." Mr. INGALLS. As one member of the Committee on too District The motion was agreed to. of Columbia I have had good reason to be aware of the very anoma- lous and 1m satisfactory condition of affairs in tills District so far as re- EQUALIZATION OF BOUNTIES. ,., . lates to taxation and everything else affecting the social condition of Several Senators addressed the Chair. the people, and I fully agree with what the Senator from New York The PRESIDENT pro tem.pore. The Senator from lllinois, [Mr. has said in relation to the necessity of having some fixed and suitable LOGAN.] system for the administration of affairs in this community. But, sir, Mr. SHERl\IAN. I addressed the Chair first, Mr. President. that. is not precisely the qnestion that is now before the Senate. Here Mr. PADDOCK. The Senator from illinois has oonstrncti vely held is an immediate and urgent and pressing necessity. Con~ress is the floor for an hour. about to adjourn, leaving an empty treasury here in the Distnct and Mr. LOGAN. I will only say this about a.ddre~ing the Chair first: no means appropriated for tbe purpose of carrying on the necessary It is the first time I ever knew that que8tion raised after a gentleman functions of its government. Therefore, withholding all criticisms as was recognized. to the condition of affairs here as to the way they have been adminis- Mr. SHERMAN. I ask the Senator himself if I did not address the tered, I ask, what is the duty of the Senate and of Congress in this Chair first. present juncture 1 If there is no money with which to pay for the Mr. LOGAN. I do not know; the President ha.s decided yon did lighting of the streets; if there is no money with which to pay for not. I was not noth~ing who addressed the Chair except myself. I the necessary repaird that must be made upon the streets and in other know I did; but whc did first is a matter for the President, and he portions of the city; if there are no funds with which to carry on the has decided that I did. sanitary operations an(! protect the public health, what is our duty Mr. SHERMAN. I hope the Senator will let me take this silver sitting here as one department of this Government f To waste our commission up; I must leave the city. time in empty criticisms and hostile animadversions about the way Mr. LOGAN. I am sorry for that, because I am sorry to lose the affairs have been carried on here f Certainly. not. It is our business -society of the Senator ; but at the same time I cannot give up the to make some provision, and immediately and instantaneously, by floor if I am reco(J'nized. I move to ta.ke up House bill No. 58. which the affairs of this District may be continued until such time as The PRESIDENT pro temp<~1·e. The morning hour has expired. the wishes of Congress can be effectuated with regard to a permanent Mr. LOGAN. I make the motion now. form of government in Washington. The people of this District are The PRESIDENT pro tempore. Tbe Senator from Illinois moves-- not to blame for the present condition of affairs. The .law under Mr. EDMUNDS. The Senator fro'Q} Texas [Mr. HAMILTO~] is en- which the taxes are now being collected was not passed until a period titled to the floor on the unfinished business. so late that the funds and revenue cannot be obtained in time to re- The PRESIDENT pro tempore. The Senator from Texas is not pres- alize the necessary money to carry on the necessary affairs of tills Dis- en t. trict. The people are not to blame for it ; and therefore they should Mr. LOGAN. I move tO' postpone all prior orders and take up House not be made to suffer for it. We are to blame for it; and therefore if bill No. 58. · there is anybody to be blamed or if there is any criticism to be made, The PRESIDENT pro tempore. The Senator from Illinois moves to we are tlle ones to share it. We ought not to inflict on the people postpone the present and all prior orders for the purpose of consider- here an unnecessary a.nd dangerous delay. ing House bill No. 58. So far as the amendment off~red by the Senator from Vermont is Mr. LOGAN. I call for the yeas and nays. concerned, it is undoubtedly correct; but it introduces a new princi- The yeas and nays ~'ere ordered. ple th~t will probably result in hostile action on the part of the Ho~e, Mr. SAULSBURY. I was paired with the Senat.or from Pennsyl- and mar, therefore, defeat the whole object and purpose of the b1ll vania, [Mr. CAMERO~.] I do not know how he would vote. I should now before the Senate. vote" nay," if at liberty to do so. Mr. EDMUNDS. As it is in the form of an amendment it will prob- The question being taken by yeas and nays, resulted-yeas 21, nays ably go to a conference and we can retire if necessary. 26; as follows: Mr. INGALLS. That is very true. In the form of an amendment it may be submitte~ to a committee of conference of the two :S.onses; lin.e:huvsen, YEAS-Messrs. Boutwell, Cameron of Wisconsin, Clayton, Conklin a Ferry, Fre· Hamlin, Harvey, IDtohcock, Ingalls, Key, LOgan, Mn the table, and I think now, with the addition of that crimination between these two kinds of articles. power -which belongs to fast trains, I have fina11y succeeded in get- B1nt, independent of this question, I am opposed to the proposition ting t.he bill again before the Senate. I had atldressed the Senate for another rea on. The Senator from Maine the other day in the first perhaps half an hour in relation to that subject, aml at that period part of his speech stated that we are without any remedy; in other of time what I proposed to say would have occupied about another words, that we are at the mercy of a few men controlling the lines of half hour. So, while other gentlemen have been addressing the Sen- railroad mentioned in this amendment. Sir, if I understand it aright, ate on other questions, I have · ccupied the position of having a speech all the railroads in this country have been declared po t road , and if half delivered for several days, and as Senator have que tionedsome- a necessity arises I think it is within the power of this Government to what the courtesy which I manifested in seeking to get this bill ma.k e provision to have the mail carried on those routes in whatever way again before the body I mention it. . · may bo deemed just to the parties ownin~ the roads, and this can be 1 said the other day that time was money to the business man, and reached by the Government under the ngbt of eminent domain, if I will change the axiom and say that time is of value to the ~egisla­ necessary. · tive body and especially to this body now; and I will not continue I am, therefore, opposed to making a discrimination in favor of thedebateiurelation tothefasl-mail service, but will leave it forthe these lines and in favor of that small proportion of the people of this judgment of the Senate upon what I have already said, adding only country classed as business men iu the sense in which tho term is that I will withdraw the amendment which I submitted the other here used, meaning simply merchants and bankers and others engaged day, which was a repeal of the 10 per cent. reduction applied to all in the transmission of matter t.hrongh the mails for the purpose of roads, and present. a new amendment applying only to the New York mercantile gain. Central, and the Michigan Southern route to Chicago, and the Penn- There is a very large proportion of the people of thia country who sylvania railroad to Saint Louis, and then to leave the.Senate to de- deem it of more importance that t.he people at large, the people re- terrrnne what they will do. I withdmw the pending am~ndment, but siding in small towns and villages and on the farms in the rural dis- I submit two or three amendments for additional routes to the bill tricts, should have at least equal facilities for the transaction of their which I ask the Senate to adopt. business tbrongh the mails with the class that I have alluded to. The PRESIDENT pro te11tpare. The amendments will be read. Mr. PADDOCK. I should like to ask the Senator if on all the re- The CHIEF CI.ERK. The amendments are, after line 819, to insert : mittances that are made from the State of Kansas to the commercial From Ferrytown to Wbite Plains. center of New York or the commercial center of Chicago and all there- After line 1053 to insert: ·; mittances tbat may be sent or credited from New York or Chicago to From Charlotte to Bellburg. Kansas in the transactions as to grain and other products of that State one day's interest saved on every remittance and on every credit After line 96 to insert: would not be of very great benefit to every citizen in his State, di- From Fresno, via. Fort Miller, Big Dry Creek, Academy, to Toll House. rectly or indirectly t From Fresno to Riverdale. Mr. HARVEY. I apprehend that the interest of the majority of the From Visalia, via Grangerville, to Leonore. citizens of the State in that matter would be exceedingly remote. I Mr. HAMLIN. I now submit the following amendment for the fear it would be so remote that it wonld be hardly appreciable. restoration of what were called the fast mails-- Mr. PADDOCK. 'Veil, sir, I will say that it is considered of so Mr. PADDOCK. I ask the chairman to give way for me to offer great importance by the banks and others at Chicago who make great a little amendment in respect to a new route. · daily remittances from that city toN ew York that t,hey are willing to Mr. HAMLIN. Yes, sir. Let the Senator have his amendment put undergo almost any other privation rather than of thia fast mail. I first. · · know that is the case with the commercial center in my State, Omaha.. Mr. PADDOCK. I move to insert after line 724: Mr. HARVEY. I am aware that this would be a great benefit to From N ebraskl\ Cit_v, via Glen Rock and Sheridan, to Humboldt, Nebraska. the city of Chicago. That is unquestionable. It would be a gre~tt benefit to the particular lines of railroad mentioned in this a.menu- The amendment was agreed to. ment. That is unquestionable. But it involves .t he necessity of Mr. HAMLIN. Now I offm· my amendment, and ask that it be read. making an additional appropriation of 150,000 fortbe purpose of in- The Chief Clerk read : ducing those comp~ies to run a train a little more rapidly tha.u the SEW.-. That the sum of .L50,000 be, and is hereby, appropriated out of any usual mail trains upon their roa.ds when thoy are already receiving a moneys in the Treasury arisrng from the revenues of the Post-Office Department for the fiscal year ending Juno :m, 1817, in addition to tho sum appropriated for in- compensation larger than that given to any railroad in the civilized land mail transportation by raih-oa.d by an act entitled ".A.n act making appropria- world for the transmissiqn of the U:qitcd States mail. I say that the tions for the service of the Post-Office Department for the fiscal year ending June 30, advantages resulting to the people of the United States are not suffi- 1877, and for otber purposes," app1·oved July l;t, 1&76; Provided, That the Postma.s- cient to warrant that expense and the concession of the principle that ter·General. is hereby authorized to only apply this sum to restoring, so far as it may be possible to do so, tho transportation of the mnils by the fast-mail trains, by thl\ is involved in it. New York Central, the Hudson River, and Lake Shore antl Michigan Southern Rail· Mr. WEST. Will the Senator allow me to ask him a question f roads between Now York and Chica~o, and over the Pennsylvania Railroad and its Mr. HARVEY. Yes, sir. connections between New York and ~t Louis, New York and Chicago, and N&w Mr. WEST. I presume the Senator is informed on the subject, and York and Cincinnati. · I for one should like to be informeu, and I have no doubt the Senate Mr. HARYEY. I did not bear distinctly the reading of the amend- would. I wish to ask him what :is the ba.sis for his statement that ment, and I wish to ask the Senator from Maine, the chairman of the mails are carried in this country at a greater cost than in any coun- Committee on Post Offices and Post-Roads, what is the amount pro- try in the civilized world 1 I do not question the truth of the state- posed to be appropriated t ment, but I should like the Senat~r to state to us if he knows-be Mr. HAMLIN. One hundred and fifty tl10usand dollars. must have had some information to base that statement on-what it Mr. HARVEY. And to be applied to the railroads named simply costs to carry the mails in France and in Engl..:.1.nd on railroads. for the purpose of the transmission of the fast mails! Mr . .HARVEY. Well, sir, I have not at band the statistics. I did Mr. HAMLIN. Yes, sir. not ~xpeot this question to come up this morning, but I think the Mr. HARVEY. I b,ope that amendment will not be adopted. Early Senator can easily satisfy himself on that point. in the session we had before us a bill fixing the rate of postage on Mr. WEST. I have not been able to do so. third-class matter. That bill was unsatisfactory to half the Senate; Mr. HARVEY. The mails in France and England are transmitted but being presented by a united committee, the Committee on Post- much more often, much more expeditiously than they are on the geu~ 1876. CONGRESSIONAL RECORD-SENATE. 5437 erality of routes in this country, and therefore there may be at first before the -p anic. Since that .time there has been a general cutting sight an apparently greater expenditure there than in this country; down in prices all over the country, and notably in railroad freights. but I abide by the fact that I have stated, and I have no doubt that Therefore the reduction was justifiable, and I went with the Honse, I can produce the authority. and the committee of which I had the honor to be a member went But I was going on,. when interrupted by the Senn.tor from Louisi- with the House in that reduction; but we wa.rned them, ' 1 Do not ana, to speak of the principle involvecl in this matter. The roads pare too close;" we plea.de.d with them for a few hundloed thonsan~ mentioned in this amendment are the very roads spoken of in there- dollars to maintain this fadt-mail service, but our e.il'orts were of no port of the Special Committee on Transportation of the Senate, who avail; and what is the consequence f If we can facilitate the service tell us that a few men controlling these roads at their will impose a on behalf of the people of the United States situated on the frontier heayy tax upon the business of this country for the transmis&ion, not and in the remote districts of the country, where it is well known of the remittances spo~n of by the Senator from Nebraska involved that the mail service contributes nothing to the support of the Gov- in the transactions of tLe commercial business he alluded to, but of ernment, but, on the contrary, is an extreme expense, why not facil- the products themselves constituting the basis of that business. I itate it in the regions where it does pay, for the mails from New York say it is reported by the Committee on Transportation that a few men and Chicago undoubtedly return a large percentage in excess of the controlling these roads at their own sweet will impose on the people expense f Surely the proposition is reasonable. Surely it would con- of this country taxes on the transmission of the necessities, the abso- duce to the benefit of those in the remote districts as well as those in lute comforts, and the few luxuries that the people generally of this that immediate section of the country; country are enabled to obtain; these railroads levy a tax upon them The Senator should not ignore the question which was put to him such as neither this Congress nor any other legislative body in this by the honorable Senator from Nebraska when he called his attention country would dare to impose. It would create a political revolu- to the fact that the remittances between Chicago and New York were tion, as they say and say truly. And yet these few men, not satisfied facilitated and expedited twelve hours by this process. I ask him, with the power which they enjoyed at that time, must levy upon the is it no. benefit to the men out West who are remitting their money Government itself for the transm1!sion of its official mail matter in a to the commercial centers of the country that twelve hours shall be few hours less than they have been accustomed to carry it, and for the gained on every one of them f Can the Senate contemplate, can any intelligence which the Government assumes 1o convey by its mail gentleman here tell me, bow much money is passing hourly and mo- · lines, an extra compensation of $150,000, and that for a matter in mently through the mails of the United St-ates, in regard to which which few people comparatively are interested and by which none of time is money f Will not the little pittance of 150,000 asked for in the other lines of transportation of the mails are benefited. It is sim- this proposition to restore a. fast-mail service be paid, and be paid ply a concession of that much money to a position that these men over and over again, to the p09ple of this country by the saving of have taken that the laws must be made to conform to their peculiar interest on their remittances f Most assuredly and most. undoubtedly interests. it will. If we can in our bounty and according to our conception of For these reasons, which I have stated hurriedly, not being fully what is just to these remote districts furnish them with a. million and prepared to discuss the question because I had no anticipation this odd dollars more than we gave them last year, can we not cut off this bill would come up to-day, I am opposed to this amendment .and I $150,000 instead of $750;000, the amount which waa given to these hope it will not prevail, and I am fearful that, should the amendment railroadsf .prova.il, it would involve the loss of all that is contained in the bill. The Senator says a few railroads are preying upon the people. If Mr. WEST. .Mr. President, as I had the honor to serve with my they are preying upon the people, they are not preying through the - esteemed friend from .Maine [Mr. HAMLIN] upon the committee of Post-Office Department, because nobody has ever disputed the idP-a. conference on the disagreeing votes of the two Houses on the post- that the railroads throughout the country, at the rate of compensa- office appropriation bill, I desire to say a few words in behalf of the tion given to them by the Government of the United States, are not proposition that he has submitted to the Senate at the present time. paid in proportion to their other business. The fast-mail system of the United States, as we all know, is are- This is a. small matter. We have cut down, I repeat again, 750,000 cent improvement of the expedition with which the public business over the amount expended last year and we have cut too close. That is generally transacted in the North and the West. It has met, I is my opinion, and I think it will be the opinion of the Senate ; I am think, with the community at large 8B"ftHJ.ch favor as almost any prop- quite confident that it will meet the approbation of the Honse at the osition of that character tbat bas ever come.under tJ!eir"r;10tice. When other end of the Capitol. I think it ought to be done, nor can I see the House of Representa.ti ves refused to accede to the ideas of the Sen- nor have I heard anything advanced that should prevent it when it ate to the {}xtent that would permit the continuance of the fast-mail is known that we are deprived of these privileges. service, as one of the conferees on the part of this body I felt that it Mr. MAXEY. I was a member of the conference committee on the watl my duty to permit the sacrifice of that service rather than to disagreeing votes of the two Houses on the post-office appropriation have the stoppage of the service at ·large. But since the result has bill, and I agreed to the report of the conference committee. The developed that that action has ended the fast-mail service in this principal trouble between the two Houses was in regard to the com- country such representations have come to us from the public through pensation to railroads lor carrying the fast-mail service. I then be- the press and other mediums as should induce us to consider the pro- lieved that report was a just and fair oomprcmise between the two priety of its restoration. Houses who disagreed, and I signed the report along with the other Nqw I ask attention of the Senate for a moinent to the amounts of members of the senate committee. . It was signed correspondingly by money that have been used in the last fiscal year and are proposed to the conferees on the part of the House and it was a.dopt.e d by both be used in the various characters of mail service throughout the Houses. I regarded that as a settlement of a very disputed question country in the coming year. between the two Houses. I believed that, in accordance with the By an official stat..ement which I have from the Postmaster-General, great reduction which has taken place .throughout this. country in I find that the amount of money expended in the railroad service for everything, there should be .a decrease.m the compensatiOn pa1.d to the fiscal year just ended was $9,874,956. We have appropriated railroads corresponding to that which has taken place everywhere $9,100,000 for the ensuing year, $774,000 less than the preceding year, else. That report was unanimously adopted in the conference com- abating the amount payable to these railroads by 10 per cent., and mittee and adopted by both Houses. I may be mistaken. but it occurs not allowing for any possible increase natural to the service. So we to me that if the proposition of the Senator from Maine is adopted are going into an expenditure this year of $9,100,000 against 9,874,000 now, it is a departure from that which was settled by that conference last year. But how is it with the remote districts represented here by committee. That is the view which I take of it. niy friend from Kansas f How is it with those suffering people in the One other point. It baa been said here to-day, and it ha~ been said 1·emote West, who, the SenatQr says, are not t.o be benefited by this ap- on many other occasions, that in the newly settled parts of the coun- propriation f Instead of curtailing their facilities, instead of reduc- try the mails are really an expense to the Governmen~. Undou.bt- ing tho amount to carry mails in Kansas by the stage routes and by edly that is true. It has been true of ev~ry State as 1t was b~mg hQrses, we give $1,1001000 more this year than we have ever given be- settled, but t-he policy of this Government has been to set.t.le up its fore. I will substantJ.ate that statement by the quotation which I new Territories and to advance intelligence into the country as it · will make: was being settled. That has been carried out in all the States as they The amount for sta.r and steamboat service- were bein(J' settled. The Post-Office waa an expense to the older and Star service it is well known means the mails carried by stage and more pop~lous States until the country became settled up. That is horses- true of that country which is now being settled up, and the policy which has been pursued in sending mails out from the centers into for the year ending June 30, 1876, was $5,634,403. the newly settled co1llitry is a policy which is pursued toward every The amount that we have appropriated for these citizens of Kansas State now settling up. It is but just and right that that should be and on the frontier and in the extreme West who are not benefited, done, although it may be an expense to the general public. the Senator says, by the fast mails in the localities here "Specified- In respect of this fast-mail service, while all admit that it may be nlthough that is a point which I will answer-is this year $6,730,851. a matter of convenience and to certain localities a matter of impor- In other words, we have cut down the service at home, in the very tance, yet the question which was before my mind in the confenmce heart of the system, three-quarters of a million and added to the ex- waa, is it of such importance that the whole people of the country tremities $1,100,000. If the Senator will answer the proposition how should pa.y this large amount of money "\Vruch we have cut down, the extremities are to be saved when you cut off the circulation at $900,000! · Is it of so much importance that we shall extend thi~ the heart, I shall be obliged to him. fast-mail service for the benefit of the few at the expense of the That this reduction was made, and that it was justifiably made, I many' We have now a. proposition to appropriate lbO,OOO for a have no doubt. The rates upon railroacl transportation were raised service that is limited to ce~;tain railroads named, yet to my mind the 5438 CONGRESSIONAL RECORD-SENATE. AUGUST .11, same proposition still presents itself• .While it may be and doubtless but their threats to me are not to influence my action in any respect. is of importance to certain portions of the country, it is not of that If I am willing that the mail service shall be properly performed, importance that will justify taking out of the Treasury of the whole then I close my. ears, I repeat, to any intimation or threat on the part people that amount mainly for the benefit of a few. of any railroad corporation that they are going to discontinue a serv- But the principal point which I desired to mention was t.he view ice which may be desirable to the. business interests of society. Your that I took of it as a member of the conferenee committee, and I only fast mails will go, whether this amendment shall pass or not; but, did so because I regarded. the course pnrsued by that committee as as a matter of course, if the railroad companies by temporarily lop- right and as a settlement of the question. I think so yet, and I there- ping off these mails can come troby authorized to only apply this snm in re!>toring, so fa.r as mail trains. That these fast-mail trains would be au accommodation it may be possible to do so, the transr,ortation of the mails by fast.mail trams over to a certain extent, and to a very considerable extent, I admit, to the New York Central and Hudson River and Lake Short} and Mic•.hig;m Sonthem certain business interests of the conntry. There can be no question Railroads, between New York and Chicag_o, and over the Pennsylvania Rltllioad and its connections between New York anu Saint Louis. New Yor-k and ()ln.ca~o, about that. and New York and Cincinnati; and t~ enable the Postmaster-Geneml to arrange In the first place, while we are economizing, while even the public for fast-mail trains O'\""er the PbiladelphHL, Wilmington and Baltimore Railroad service is eaid to be greatly embarrassed by the economy which is in- and over the Baltimore and Ohio Railroad and its connections to Washington. stituted, is it not proper to be careful how we pay for that special Saint Louis, and Chicago, $75,000. service which is but a luxury to the business interests of the country f Mr. SAULSBURY and Mr. HARVEY called for the yeas and nays, It is not indispensable, because their mails will be carried even if an1l they were ordered. the fast mails shall not be put on. They will be carried in the usual Mr. SAULSBURY. I know that tills proposition is calculated to time that they have heretofore been ca,r ried, because -this fast-mail increase the expenses of the Post-Office Department, and I think that service is comparatively an experiment yet. Besides that, there a.re the expenses of that Department are already sufficiently high. This other sections of country than those which are supposed to be aided was the judgment of the Se~ate in passing upon the post-office ap- by fast-ruail service that have equal claims upon the attention of propriation bill. I do not know where this matter is to stop. If we Congress. What particular advantage should New York and Chicago are to go on all over the country and pay for extra mail service, where and other northern cities which are benefited by this service have ia the limit t over other sections of the country I For in.stance, suppose the Balti- Mr. HAMLIN. If the Senate will lay this bill on the table or in- more merchants desire 3 fast mail, they have as much. claim to be definitely postpone it we can save another million of dollars. It is a served with that fast mail as the merchants of New York and the simple question whether you will expend a million of dollars to have merchants of Chicago. Suppose some men want a fast-mail train new routes and tbeu deny the great heart of the country that commu- from here to New Orleans by the way of Richmond and Atlanta. nication which it ueeds. They have just the same right to ask that a small appropriation shall Mr. SAULSBURY. So far as the provisions of the bill are con- be made fo:r that. Where, I ask, is the expense of this service to cerned it is simply to extend the ordinary postal facilities by connec- stop' tions to nei~hborhoods that do not now have them. The general ob- Besides, I do not hesitate to say that your mails will go by fast ject of the btll is simply to establish post-routes where the people have trains whether yon adopt this amendment or not. I. know that it is no post-routes. To that bill it is proposed to append a provision to desirable to the railroad companies to be paid liberally for these fast- pay for specified services for certain localities where they have al- mail trains, and I am aware that they have threatened to discontinue ready great postal facilities. The amendment of the Set~ator is not the service if they are not paid; but as an American Senator, legis- on a par with the genoral provisions of the bill. I am aware of the lating for the interests of the whole people, I close my ears to the character of the bill. It is to establish certain post-routes. Why t threats of the railroad companies in any such thing. If it does not Becall"Se there are certaiulogalities that have no postal facilities. To pay, then let them not do it; it is their right, their privilege, to stop; such a bill ia appended an amendment to pay for special service by 1876. CONGRESSIONAL RECORD-SENATE. 5439 fast-mail trains, for the benefit of certain other localities that already Mr. HAR"\mY. Yes, sir. have very great postal facilities. There is a. very marked difference be- Mr. HAMLIN. The Department did not pay these faat-mail trains tween the general features of the bill and the amendment of the Sen- one more red cent than it paid any other mail-train anywhere else ator from Maine. At any rate, I shall record my vote against the that went twenty miles an hour in my State, or that went twenty whole bill if such a. provision as t)la.t is made. miles an hour in his Stat&-not one mill more. Mr. HITCHCOCK. I trust that the amendment of the Senator Mr. HARVEY. Does the SenatQr mean that t:qis amendment as it from Maine will be adopted. I believe that the business interests of stands pays them no more than other roads are to' b'e paid f the country demand that this fast mail shall be kept up and main- Mr. HAMLIN. I mean that under the old law the fast-mail trains tained. The only objection I have to it is that it does not go far were paid no more than was paid other roads. They cannot perform enough. While it provides for the transmission through the main the service with the 10 per cent. cut off, and now on these fast roads arteries of commerce of this fast mail, it stops before it reaches the we propose to put the 10 per cent. ba.ck. I undertake to tell the Sen- end. I believe that this fast mail should not only be put on and kept ator and the Senate that it is not proposed to pay them as much as on to Chicago, 'but be extended to Omaha.. they receive for carrying freight over these roads. The objection is raised by the Senator from Delaware that it is to Mr. HARVEY. The proposition does not involve what was . done give specific facilities to localities. The proposition is to extend fast under the old law as relates to this matter, because the old law made mails through the whole central arteries, and I believe that it is no provision for this fast-mail business. It was an experiment en- for the general good that this proposition should be adopted. While tered into by the Post-Office Department upon ita own motion, as I I do not desire, by the amendment which I propose to offer, to em- understand it. If I may be pardoned the expression, it looks like barrass it in any way, I wish to have a vote of the Senate upon a prop- dodging the question to say they are getting no more because you osition to extend the fast-mail service from Chicago to Omaha. take 10 per cent. off the rest and then restore 10 per oent. so far as ' Mr..BAMLIN. I hope the Sena.tor will not offer tba.t amendment these part.i cular lines are concerned. now. Let us hold on to what we have got. I trust the time will Mr. HAMLIN. The Senator was speaking of what the Government come, I doubt not it will, under a commission which will be appointed had paid, and I simply said that it bad not paid to these trains any in pursuance of the law we have pa.ssed this year to arrange the com- more than it had paid to others. pensation of our railroads, when we shall ultimately regulate the cost Mr. HARVEY. I am speaking of what the Senator proposes in this of transport.ing our mails upon t.hree principles, speed, weight car- amendment. ried, and amount of service rendered. It is now done almost exclu- Mr. HAMLIN. I propose in the amendment to pay the old rate, sively upon weight. But in doing so much as we do, my friend from whieh is 10 per cent. more than the rate now paid. Nebraska will get his mail twenty-four hours earlier by keeping this Mr. HARVEY. And the lU per cent. is cut off elsewhere. amendment in than he gets it to-day. The eftect will be the same in Mr. HAMLIN. Yes, on twenty-five--miles-an-hour roads. the East; so that all the length and breadth of the land will receive Mr. HARVEY. Elsewhere except on these few roads, picked out the benefit of the twenty-four hours which are saved by the present as by a special favor in a. legislative act. fast mail. I ha.ve no more doubt about it than I hav'e of my exist- Mr. HAMLIN. They are great arteries of business. ence that there ought to be a great trunk fast mail through the conn- Mr. HARVEY. 0, yes; great arteries of business. try east and west and another north and south, with their compen., Mr. WEST. By reciprocal favor of service. sation predicated upon the rate of speed that they make and the Mr. LOGAN. Will the Senator from Kansas allow me to make a amount of service they perform. Then the smaller routes and the suggestion to him f Does be not know that Chicago, speaking in smaller offices will all reap the ~nefit, though not as immediate regard to the roads west, is the great distributing office of the whole and direct as the others. I hope the Senator from Nebraaka will not Northwest f It is the second office in the United States, and from embarrass the bill by adding on to it collateral questions by amend- that depot the mail matter goes to all the western country. More ments to the amendment ; bnt let us take the amendment as it now time is gained by having a fast mail from Chicago to New York than is and have the sense of the Senate upon it. by having a fast mail from New York to any other place. Mr. PADDOCK. I desire to remind my colleague on the Commit- Mr. HARVEY. I will answer the Senator from illinois. I know • tee on Post-Offices and Post-Roads, the diatinguished chairman of tho Chicago is a great city, and that the Chicago post-office is a great committee, that this shortfming of tiwe botween Chicago and Omaha office and a good office; but I know that when yon get a few miles is not alone for the benefit of Omaha and Nebraska. That is the con- away from Chicago, from the end of the line to which you propose necting link between the whole country to the westward, and half a to giTe this subsidy of 10 per cent. additional for carrying the mails continent will have t.he speed of its mail increased at least twenty- at .a little more brisk rate, the country is not benefited at all, be- four hours if this service can be extended to Omaha. All of Califor- cause the connection is not continuous. nia and Oregon, all the Pacific coast from the southernmost limit of Mr. LOGAN. The country is benefited just twenty-four hours, or California to Alaska will receive the benefit of such an extension. It whatever number of hours is saved between Chicago and New York. ce:t:taiuly is a very important amendment and ought to be adopted. The country receives that benefit because that time is taken off from I feel myself authorized to say this because the question did not arise all mails going west. They receive the mail just that number of and was not considered by the committee as a whole. Whilo I agree hours sooner than they would otherwise receive it. with my friend that nothin~ should be done to embarrass the prog- Mr. HARVEY. It so happens that we have had a. little experience ress and final passage of thiS bill, and indorse the sentiment, in tha.t under this fast-mail line, and we know practically that so far as we respect, of my colleague from my own State, yet at the same time are con~erned in the interior of the country, in the very center of the the proposition of my colleague is so important a thing to be accom- continent, we got our mails no sooner than we did before. The par. plished that it seems to me that the Senate ought readily to consent ties who are benefited by this subsidy of 10 per cent. are the own- that it should be done. ers-probably that is saying too much-not the owners but the par.. Mr. LOGAN. I agree with the Senator from Maine. I certainly tioular managers of these lines of railroad. In this day and age the have no opposition to, or desire to interfere with, the proposition of owners of railroads often are not greatly benefited by subsidies that the Senator from Nebraska; but believing that we can get what the their roads receive, but the parties having the management of them Senator from Maine proposes and that it is all we can get, I shall cer- are. I say they are benefited, and a few metropolitan newspapers tainly support his amendment. The time shortened between' New are benefited, and two or three great cities are benefited, while the York and Chicago, so far as the expense is concerned, more than re- country at large pays the expense, while the country people can have pays the people who are benefited by these .fast-mail trains in the no reasonable mail facilities afforded to them. When an effort is saving of interest between business men in the transmittal of checks, made in their behalf it does not meet the sanction of the Senate, and drafts, &c., between those two cities. If yon cut off the number of fails for that reason ; yet some of us are ready it seems to vote for hours each week that is saved between these cities, the amount of in- what is an essential subsidy of 10 per cent. above what other con-. terest on the commercial paper that passes between these two cities, tractors for carrying the mails npon railroads receive in order that by any kind of calculation you will find the benefit to those people the mail may be carried in less time upon three lines crossing one much greater, to such a degree, it seems to me, that the country can- another, as they do at one or more places and covering but a very not aft'ord to strike down the facilities that have been afforded to small portion of the country, aft'ording no additional facilities else- those people in their mail matter. .All I desired was to make the one where. suggestion which I have made. . .,. Mr. LOGAN. I should like to ask the Senator a question. He says Mr. HARVEY. The Senator frdm Maine says that we should hold nobody iM benefited except theee great cities. Suppose that in the on to what we have got. Let us see what we have got if the amend- transmission of mercantile paper between New York and Chicago, on ment is adopted as 'it stands. We have got two lines running east accolmt of the saving of time, millions of dollars passing through the and west through the northern section of the cQuntry, one line run- mails in that way, 500,000 of interest that would be charged each day ning from Philadelphia over the Philadelphia and Wilmington road on these credits is saved to the merchants; would not the merchants be by way of Baltimore to Was4ington, and then diagonally across one able to afford sales to the people at just that much less throughout of the other fast lines to Chicago, making three lines to be picked the whole length of the country f Do not the people pay all the taus out specially by legislation here and paid au extravagant rate of on the goods f Is not all the expense counted together, and do not compensation for carrying the mails between certain points in a very the people who purcha.s~ pay it a.ll f Then if this amount is saved by small portion of the country, resulting, as I admitted at first, in some the merchant, cannot the merchant afford to sell just that much benefit to the people engaged in financial and commercial specu- cheaper to the people f lations. Mr. HARVEY. The people pay the taxes levied upon the merchant Mr. HAMLIN. If the Senator wants to be correct, and certainly for the exorbitant rates which :ue charged upon freight and express- he is incorrect, will he allow me to correct him f age. They pay the tax levied by these yery same persoWI upon the 5440 CONGRESSIONAL RECORD-SENATE. AUGUST 11, products of their farms, their factories, and their mines, and they are date, to me, all setting forth the possible needs of the Armv in consequence of ex- called upon now to pay $225,000 additional to afford these facilities isting hostilities. • I would stroocly urge upon Congress the necessity for making some provision for to the people engaged in transporting back and forth and in the busi- a contingency wmch may arisedunng the vacation, for more troops in the Indian ness of exchanging merchandise, while the benefit, as I say, so far a.s country than it is now possible to sena. the masses of the people are concerned, amounts t.o nothing, for the It would seem to me to be much more economical and better to authorize an in- reason that the speed given upon these few lines is lost by breakage crease o.t the present cavalry force by twenty-1lve hundred privates, but, if this is not; deemed advisaLle, t,hen that the President be authorized to callout not exceed- of connection upon other lines before this mail matter reaches the ing five re~entc!, one thousand strong each, of volunteers, to serve for a period mass of the people. We are called upon to subsiuize three railroads not exceeding six months. runniug through one little corner of the country at an expense to the Should this latter authority be given I would not order out auy volunteers unless, rest of the people of the United States of $225,000. That is what the in my opinion, based U!l<>D reports from the scene of war, I deemed it absolutely necessary, and then only the smallest number considered sufficient to meet the proposition is. emergency. Mr. LOGAN. I would state one other point to the Senator. The U.S. GRANT. very cities that he complains of as b~ing benefited, the cities of Chi- EXECUTIVE MANSION, .August 11, 1876. cago and New York-- Mr. ~VEY. I do not complain that thfly are benefited. . WAR DEPARTMENT, Mr. LOGAN. No, but one city which the Senator says is benefited, Wa.ahington Oi.ty, August 11, 1876. the city of Chicago, pays more revenue to the United States Govern- The 'PRESIDENT: ment than any other district in the United States, and the record I have the honor to transmit herewith the copy of a. dispatch from Lieutenant- General P. H. Sheridan, dated the 5th instant, with a letter of this date fi'Om Gen- shows it. The Government is indebted more to that city for revenue eral Sherman, transmitting the· same. · "' of an internal character than to any other district in the United I desire to renew the expression of my opinion that the best way to re-enforce the States of Americ?t, and more than all New England combined. troops now operating against the Inilians will be to add the twenty-five hundred Mr. HARVEY. I have not said a word about Chicago. prh·ates to the regiments already in existence; but, if Congress should not do this, then I advise that the President be authorized, in his discretion, to call for volun- Mr. WEST. Mr. President, th~ Senator from Kansas rt>grets that teers not to exceed. five thousand in number. . the people of the United States are to be taxed 2'25,000 more for I trust that Generals Terry and Crook may be able to deal such a blow to tho hos- carrying their mails. It is a very lamentable fact perhaps in his es- tile Indians that even this may not be necessary; yet prudence dictates that meas- timation that they are taxed at all. It is a very great misfortune in ures should be taken to meet all possible contingencies. Very respectfully, your obedient servant, his estimation that they have to pay $30,000,000 a year for these mail J'. D. CAMERON, facilities. But in their own estimation and in the estimation of t.he Secretary of War. Senate there is no direction in which tlie money of the people is spent .A true copy: C. C. SNIFFEN, 8etretary. as much to their advantage as in sustaining the mail system of the Government. . · · HEADQUARTERS ARirlY OF THE UNITED STATES, Then he also regrets that some railroads are to get more than Wa.shington, D. 0., .August 11, 18'76. others. When the honorable Senator leaves this Chamber,. a.s- he Sm: I .have the honor herewith to transmit a. eopy of the (lispatcb of General will in a few days, he will haYe his selection of a route, and I ask Sheridan, of Au!!ust 5, and invite your attention to t.he fact that after stripping him will he take a twenty-mile-per-hour train at 6 to New York, or nearly every post in his military division, except those in Texas and tho South, he will he take the limited express and expedite his business, and pay has only been abl11 to re-enforce General Crook to t.he extent of sevent-oon huntlm·l $10 and get through more expeditiously and more comfortably t So it and se•enty four and General Terry to eighteen hundretl and seventy-three men for offensive operations. is with tile mail. We pay some companies so much for carrying it so He baa also re-enforced the garrison along the Missouri River and at tbea,:!encies fast; we pay others in proportion to the character of the service they of Spotted Tail and Red Cloud so as to prevent their lending assistance to the hos- render and the benefit they may be to the public. tile camps. But I want to say one word with reference to the amenilment Inasmuch as Congress may soon adjourn, prudence dictates that we should be prepared for an:v possible contingency; anti if it is not possible to obtain the in- ofiered by the honorable Senator from Nebraska, LMr. HITCHCOCK.] crease of twenty-five hundred men asked for our cavalry regiments, I would most •Jt can only embarrass this question. He can have no expectation of respectfully advise that the President be requested to ask authority to accept the seeing it enacted into a law, for the reason that it was put upon the services of five thousand volunteers for the period of six months or durin~ hos- post-office appropriation bill quite recently, was sustained by the tilities, these volunteers to be accepted and mustered in from the States ana Ter- ritories most convenient to the theater of operations. Senate, but-- I have the honor to be, your obedient servant, .Mr. PADDOCK. My friend will allow me. W. T. SHERMAN, General. Mr. HARVEY. Will the Senator, before- Hon. J'. D. CAMERON, Secretary of War. Ur. WEST. I cannot hear two at once. I yield to my friend from .A true copy: Nebraska. C. C. S~HFFFN, Secretary. Mr. PAD DOCK. I desire to correct my friend from Louisiana in respect of the matter which he states. The amendment to which he CHlCAGO, August 5, 1876. General W. T. SRERYA.Y, refers was another amendment covering another suhject, the ques- Washington, D. 0.: tion of the Sunday mail between Chicago and the eastern terminus I have not yet been able to re-enforce the garrison a.t Red Cloud, at Spotted Tail, of the Uuion Paoific road, and did not relate at all to the question of or at St-aniliug Rock to be strong enough to attempt to count the Indians or to ar- fast trains. rest and disarm those coming in. I bog of you to see the .Mili~y Committee of Mr. WEST. Will the Chair have the kindness to have the amend- the House and urge on it the necessity of increasing the cavalry regiments to one meut of the Senator from Nebraska [Mr. HITCHCOCK] read. hundred to each company. General Crook's total strength is seventeen hundred anll seventy-four, Terry's Mr. PADDOCK. The amendment of which the Senator speaks cigbtoon hundre1l anrl seventy-three, anrl to give this force to them I have stripped ought to be incorporated in the bill, because it makes a difference of every post from the line of Manitoba to T"xas. We wantmoreruountedmen. We one day's service for all the trans-Missomi country, all the countrv have uot exceeded the law in enlistin~ Iutlian scouts, in fact have no~ as many as the law allows us; the whole number m this 11ivi.sion is only one hundred and four- between the Missouri River and the Pacific Ocean, and I understand teen. The Indians with General Crook a!·e not enlisted or even paid. They are that it will be offered by the honorable Senator from Iowa at the not wort.h paying; they are with him only to gratify their desire for a. fight and proper time. their thirst for revenge on the SioDL The Chief Clerk read the amendment of Mr. HITCHCOCK. P. H. SHERIDAN, .LieuteiUJnt-GtneTal. Mr. WEST. I ascertain that I did misconceive the scope of tbe A trneeopl: amendment; but at the same time the Senator from Nebraska mnst. C. C. SNIFFIN, Secretary.: be aware that if this proposition is 6mbarrassed with exten~:~ions in all Mr. LOGAN. I move that the communications be printed and re- directions, they will weight it so down that it will be impossible to ferred to the Committee on Military Affairs. accomplish what we want. Now if the S~nator from Kansas desires The motion w_as agreed to. to ask me a question I will yield to him. l\fr. HARVEY.. I wanted to ask whether the Senator supposes I PUBLICATION OF ARMY REGULATIONS. object to appropriating money to the support of the Post-Office De- Mr. LOGAN. Now while I am up I ask leave to introduce a joint pa,rtment f I have stated repeatedly that I do not; but I want to see resolution a.nd ask that it be printed and lie on the table. It is a it appropriated in the interest of the people, anu not in the interest resolution in reference to Army matters. of certain peculiar corpo:tatioDB or of a few classes. I want to see it There being no objection, leave .was granted to introduce a. joint made so that the people of the country can be equally benefited. resolution (S. R. No. ~4) providing for the postponement of the pub- Mr. HITCHCOCK. I should certainly be unwilling to embarrass lication of the Army Regulations. the passage of the amendment offered by the Senator from Maine. The joint resolution was read at length, as follows : SUPPRESSION OF INDIAN HOSTILITIES. Whereas the President was, b~ act of Congress appl'Oved March 1, 1875, author- ized to make and publish regulations for the government of the Army in accordance The PRESIDING OFFICER, (Mr. BURNSIDE.) The Chair asks in- with existing la.ws; and whereas by a a vastly word "holds" in the eighth line. larger correspondence from my own State than there would other- Mr. HOWE. I would not sti·ike it out. wise have been. - That was one reason which led me to believe that The PRESIDENl' pro tempore. Does the Senator from Wisconsin if I voted to abolish the system if any person wanted to know whether modify his amendment f 1876. CONGRESSIONAL REOORD-·SEN_._t\.TE. 5447 Mr. HOWE. No, I do not. Tbe PRESIDENT pro tempm·e. That amendment will be excepted. Tbe PRESIDENT pro tempote. The q_uestion is on the amendment The Senator from Georgia proposes an amendment. to the amendment. !-Ir. NORWOOD. Section 3 of the amendment provides for Senators, The amendment to the amemlment was agreed to. Representatives, and Delegates, and in the proviso, in the sixth line, The PRESIDENT pro tcrnpore. 'rbe question recurs on the amend- the word "Delegate" is omitted. I wish simply to supply that omis- ment of the Senator from Nebraska, [Mr. PADDOCK,] as amended. sion, so as to read : · Mr. EDMUNDS. Before the question is put, would the Chair be Provided! That such Senator, Representative, Delegate, or officer shall write kincl enough to have exactly the thing read which we are called to upon each etter and document so sent by him, his name, &c. . vote upon f The PRESIDENT pro tempore. The Secretary will repod the whole The amendment was agreed to. amendment as amended. Mr. ANTHONY. In the amendment of the Senator from Nebraska The Chlef Clerk read as follows: which was adopted, "the sante penalty is prescribed for the violation That it shall be lawful to transmit through the mail, free of postage, any letters, of the provisions of this section as that provided in section 1 of this packages, or other matte:rs relating exclusively to the busineBs of the Government act for officers of the United States." The first section of the bill re- of the United States: Provided, That every such letter or p!l(lkage to entitle it to lates to post-routes, and I y for it, because all of us cannot have pub- The bill was read the third time. lic documents free." It seemed to me that covered the argument in Mr. EDMUNDS. I ask for the yeas and nays on the passage of the a nut-shell. Because I think this franking privilege is wrong, because bill. I am opposed to it, because I think it distasteful to the public mind The.yeas and nays were ordered. . of the country, I shall, although in favor of the fast-mail service, Mr. OGLESBY. The post-route bill as now amended contains the vote against the bill for these reasons. amendments proposed for establishing the fast-mail-line service. I Mr. HOWE. If the Senator from Illinois had been good enough consider that a very important service, and I shall be glad to give it to give us his counsel before we voted for this offensive measure, so my support. It also provides for a restoration of the franking privi- that we could have profited by it, it would have been an act of kind- lege. I am opposed to the restoration of that privilege. .I know of ness; but when he gets up and tells us after we have plunged into no public necessity that demands it, and I know of no publio desire this slough, and tells the country what fools we are, I do not quite for its restoration. I personally have a knowledge on the subject see what good it does me. Nevertheless, better late than never. from those whom I in part represent. I know of no sentiment for it.s . Mr. OGLESBY. The Senator from Wisconsin will indulge me a restoration. It is in the nature of a privilege, say of it what you may. moment. By large numbers' of the community it is regarded also as a perquisite. Mr. HOWE. Certainly. I am aware of the personal convenience it brings to every member. Mr. OGLESBY. I Wish to Sl\Y that the Senator knows perfectly I am fully aware of the personal convenience it would bring to me; well that I entertain no such foolish notion at any time of being able but I know its restoration brings with it lmrdens of great weight and to give him instruction or information upon any public servico. consequence, for it will inevitably follow, it must as certainly follow Mr. HOWE. But advice T as that effect follows cause in due and reasonable season, that the 1\fr. OGLESBY. Nor advice, nor suggestion. restoration of this privilege means also a return to the publication 1\fr. HOWE. The Senator now is alto~ether too meek. lle is able of large numbers of public documents. . to give a great deal of advice, and he a.oes give a great many most Mr. DAWES. I should like to ask my friend if he does not know valuable suggestions; but in the spirit of candor that always actuates that in no period of the history of the Government has there been so him, allow me to say tbat at this time there is no particular value in much. public printing as there has been since the franking privilege the suggestion that he has thrown out. He has assigned one of the has been abolished t . best reasons in the world, one of the most conclusive reasons I ever Mr. OGLESBY. I was informed by the Senator from Maine some heard here or elsewhere for his voting against this bill, and that is time ago that that was not so. that he is opposed to it. That is always a good reason . . But when Mr. .ANTHONY. That is a mistake. he comes down to details and to explain why he is opposed to it, he :Mr. OGLESBY. I was informed by the Senator from Maine, who does not make himself so clear to my mind nor is his reasoning so I know is far more familiar with the subject than I am and I think conclusive as it almost always is. He says first that the restoration quite as familiar with it as the Senator from Massachusetts-perhaps of this franking privilege will of necessity work a. return to the busi- I am going too far in that-but I was assured by the remarks of the ness of printing public documents; and I was dull enougli not to see Senator from Maine this morning that, although the variety of the why that necessity followed so inevitably upon this vote, and asking public documents is substantially adhered to, the numbers in each him to explain he said that when the people saw clearly that the law line have been materially di~inished and that the expense of public clothed us with the right to send them documents free of cost, they printing stands greatly curtailed in consequence of that. I think the would say "Print now, print, you can send them for nothing; keep l'estoration of the franking privilege must of necessity call us back printing, do not stop printing," and he says that that was tho opera- to that responsive request, which will come upon us because of this tion of the old law and that we, under the inspiration of these re- food and this encouragement, to increase the number of public docu- peated and urgent demands, went on printing documents until they ments. became odious to the people and never were opened. Mr. HOWE. WHl the Senator allow me to ask him to explain what Now what does my friend really think of the people T That be- that necessity is which will demand the Congress of the United States cause they see we have the right to write our names on a document to print documents for the mere purpose of having the fun of frank- they are going t{) insist that documents shall be printed, that the in!T themT · . presses shall groan with that labor, and we groan with writing our ~fr. OGLESBY. I will try to answer the Senator. Perhaps I shall franks, and send these documents to them when they are so odious not be able to d<_> so satisfactorily. The people of this country do not that they will not open the document. The people the Senator rep- like special privileges. I do not like them myself. I do not like l'esents are more intelligent than that, more rational; they will not what the people cannot have. I know that this franking is regarded make any such demand. by the public very largely as a privilege and also by some as a per- But the Senator says that his constituency is large; it is true; that quisite. The very moment that we come into the use of it, it seems they are a reading people; that is _true. He is proud of that and does natural to my mind and reasonable that they will say, "You have got not mean to apologize for it. There is no occasion for any apology. the franking privilege; you have got all that Printing Establishment And therefore he says that it is impossible for us to print so many doc- there ; you have got all this force; now send us documents as yon uments that he and his colleague can send to everybody what every- used to do." The Senate cannot have forgotten, I am sure I have not body wants. Well, if documents have become odious to them, it will forgotten, that we carried that to such an extent that it became not be so difficult to supply the demand. · odious almost. Public documents were shipped over the country, and He says as we do print, with whatever energy we work the Print- were unopened, unexamined, and unread to a very large extent. ing Office, that there is a selection to be made, that he has got to de- Here is one point which I wish to make about public documents, termine every day whether he will send a book to Brown or Jones, to and I am as frank about it as I can be. I never get a public docu- Black or White, and that is always a difficult point to determine. ment that I am not embarrassed. If I get three hundred and my Very likely. He can vote against printing the docntnent. That is colleague gets thre"e hundred, or if I get one hundred and fifty and one wa.y of solving the difficulty. You can always avoid this partic- ho gets the same number, or if I were to get five thousand and he the ular irksome task by not printing the documents. If yon do not print same number of any particular document, I am at once embarrassed a document at all, you will not have any documents to frank; then how to dispose of them. We represent a State that has 500,000 voters your constituents will not have any document-s to throw away; then in it. I am always embarrassed to know what disposition to make their stomachs will not be turned by the sight of reading matter they of a public document that I have.· I cannot give it to one without do not want to look into. You will get rid of that in this way, and selecting him from the many. I cannot tell for my life why I select then this business of frankinO" will be confined to the franking of him. It is not because he is wiser, not because he is better, not be- letters which pass between the honorable Senail:>r and his constit- canse he is stronger; but I somehow or other must make a selection, uents. What about those letters T How many of them are the let- and it is always a disagreeable matter to me. It carries with it the ters of the Senator himself f How many of therA are written tooth- ta-st~ or flavor of personal preference, which I do not like. ers than those who are utter strangers to him who write to him on • 5450 CONGRESSIONAL RECORD-SENATE. AuGus~. 11, business which nobody else can transact so well as he can, and which to vote for its restoration and to extend it also where it had not been he is obliged to reply to or refuse to reply tot before; but when this other question came in to complicate the bill, I was once an attorney at law, and I was not a Senator or anything although of the same nature and relating to the same subject, but of that sort, and I worked for fees, and my employment, always lib- as diverse in substance as two objective points can be at either ex- eral, was yet limited. I did not have to work for everybody; the treme of the pole,· I must either vote for the bill with the restora- whole State of Wisconsin were not my clients, and I have been ab- tion of the fast mail and with the franking privilege in it, or I must solutely eurprised to find how much my business increased when I vote against it, and as my vote in the affirmative would be under- found myself clothed with the senatorial office and was so conspicu- stood to be an indorsement of all the bill contains, I thought I could ously advertised to my constituents and they found I would work for not afford to vote for the bill with that last amendment in with re- nothing. Really the extent of my business i s - gard to the restoration of the franking privilege. I merely rose to !r. CONKLING. Gratifying. submit the reasons why I should vote on the bill as I expect to do- Mr. HOWE. "Gratifying," my friend from New York suggests. against it. [Laughter.] A great many time3 since I _have had the honor of a I do not know that my notions about the franking privilege are seat here by the side of my friend from New York I have been laid correct ; I do not know that they are sound; bnt I cannot help stat- under obligations to him for a suggestion. I think I never felt so ing before -taking my seat, and then I shall leave the subject, that S!atified to him before in my life as on this occasion. Gratifying t the same train of circumstance that followed in U.s establishment will [Laughter.] That is the sort of franking which profits the constit- again follow in its re-establishment. To reason differently is to uent and does not profit the representative, and it is the kind of reason that the cholera that comes occasiona.Uy from the Asiatic franking that I think the representative should be clothed with. It countries to inflict that pestilence upon us would be different in one seems to me it is enough if the Senator will turn a.side from public time from what it is in another epidemic period. No, Mr. President, business and peruse the let~r which calls on him to do some errand the same consequences will in time follow, in my opinion. I should at the Pension Office, the Patent Office, the Land Office, the Fifth be glad to have all that is said and done, not only the public laws Auditor's Office, the First, the Third, the Fourth, the Sixth Aud- passed, scattered before the people, but the proceedings preliminary itor's Office, the Treasury, the numberless Bureaus and Departments to the establishment of laws; I should be perfectly willing to have here; it is enough for him if he will read the letter, go to the office the country understand every motion, every speech, the action of or write to the office, get the information that is wanted, hurry up every committee here. I would be as glad if it were spread before the the matter which concerns him, and write the reply, and give his people as any Senator here, but the Republic is too large for that. correspondent the information ; it is enough, I think, to be demanded Forty-five million people cannot be accommodated with free pn bl ic of the representative if he will do that without requirin~ that he documents: It cannot be done. You cannot scatter public docu- shall pay three cents or six cents or twelve cents for the pnvilege of ments after the old style and fashion over this country. You must making that reply and doing that work. resort to another, and, I think, a more intelligent and more acceptable But that is not all. Every Senator on this floor is a member of a theory. We must print them at the lowest possible cent of cost and committee, and with that committee and the members of it the peo- then distribute that information, as we do all othBm, to our constitu- ple of the United States must have open communication, and in ad- ents at their own expense. I do not send a· document to a voter in dition to all the countless letters whidh every one of yon has to write illinois, I have not sent one since I have been in this body, that has as an individual Senator to constituents, is a vast number of commun- not gone to him at the cost and expense of other citizens of Illinois ications which you have to send by virtue of your official position on who get no documents. That is a simple proposition that I can com- committees. I have the honor to be at the head of the Joint Commit- prehend and every living man can. Is it right for me to aslc for that tee on the Library, and during the recess the bills drawn on the funds privilege for myself without giving it also to my constituency f Shall which are to be disbursed by that committee are not very large in the I ask to have my messages, written letters, and correspondence t11 aggregate of the amount drawn, but in the number of bills they are them free and not have them write back free to meT The bill itseh' very large. They come to ,me. To be sure the Librarian, who draws is wise enough to cover that ground. Correspondence both ways the bills for my signature, pays the postage on the bills that he sends under the amendment goes free. Right along in the train of that to me, but he does not send me stamps to pay the return postage. correspondence, all ~hat has been done in this body will strike the What is my experience in a small way is the experience of other Sen- public mind as being entitled to go equally free. How shall we shake ators, I take it. off the responsibility t The Senator from Illinois says that he has heard no demand on the 1\tlr. HA~IN. Will the Senator allow me to interrupt him by say- part of his constituents for this kind of legislation. Nor have I heard ing that if he will read the wxt of the measure he will find that he any demand for it from my constituents. It is a measure which I is entirely wrong t It says "sent and received." venture to vote for upon my personal official responsibility and in the Mr. OGLESBY. I say the amendment provides for sending and exercise of my own judgment, such as it is, and I shall submit that receiving free, and I say it will necessarily follow, because the rea- act to their approval or disapproval in entire confidence that it will soning goes to that, in restoring the franking privilege it was log· meet with their approval on th~ whole and in spite of the very forci- ical, it was necessary to say that if I should write free to the We t, ble suggestions made by my friend from Illinois. of course the people of the West should write free to me. If it Mr. OGLESBY. I am impres ed with the idea, after listening to is their privilege, of course they should. That I would be in fa- the Senator from Wisconsin with the pleasure with which I always vor of if I were to vote for the franking privilege, of coni;Se. That listen to him, that he was not so mnch distressed about the sugges- is jnst. Now, reasoning in the same line, I know it leaves but a tions I made which involve himself and other Senators in a noose, very short time when the public will demand' documents equally or a corner, or some sort of trouble for having voted without having free, and this body and the other body together will have to publish heard from me as he was that I made any remarks at all ; for, after them, and hundreds and thousands and millions of dollars will be having suggested in the outset that the valuable hints I had thrown out piled up to publish public documents, one in a dozen, one in fifty, or ought to have been given earlier, I was amazed, as I suppose the Senate possibly one in a hundred of which will be diligently studied and was, to find that they had not had any more effect on his mind than examined, and the rest will go flocking and flooding, like wild geese, the pouring of cold water on a wild duck's back. He is "of the same over the country, thrown away as worthless stuff. I think we can- opinion still" that the restoration of the franking privilege is a good not return to that system again. I think it is unwise to take the pre- thing, and he is very manly about it; he votes for it on his own sug- liminary step now toward a return to it, not because·! would not be gestion and says that his constituents must canvass that vote. The willing as a Senator to have the privilege of writing my correspond- Senator is able to defend himself anywhere, at home or here, and I ence free. I am not better than any ot.her Senator in that respect. doubt not he honestly thinks his vote is for the good of his constitu- I should be very glad to have my correspondence go free; but I do ents. I doubt' not he thinks, a-s other Senators think who have voted not think my correspondence ought to go free when it is, as I be- with him, that it is a wise and proper vot.e to give, and that they lieve, not as other gentlemen believe it is, in its consequences to have felt and now feel that there has been a good deal of unneces- entail great expense on the Public Treasury. ~:~ary feeling of hostility to the franking privilege. I know Senators Mr. PAD DOCK. I should like to ask a question. . feel that way, and therefore they vote as they do. Mr. OGLESBY. I will yield. I, in rising to speak when I did, did not rise for the purpose of dis- Mr. PADDOC Jr. The reports of the Commissioner of Agriculture cussing the merits of the question. I did not expect to arrest the at- which are more sought for than any others by his constituents and tention of the Senate for a moment, because its merits have been gone mine, who are mainly agricultural people, are already franked under over since I have been in this body more than ~me dozen times. Both the law as it stands now. They have been franked all the time. sides of the question-! think that I a:m not mistaken about it-are Mr. OGLESBY. I understand that very well. fully and thoroughly understood. It was not for that purpose that I 1\-Ir. PADDOCK. I wish to ask my friend if for the reason that we rose. I had no such visionary idea in my mind as that I could throw propose now to permit the frankinao£ all other documents he thinks any new light upon it. Neither did I desire or expect to drive any- that more Agricultural Reports will be printed, or that because of the body from any conc)usion he might have about it. I did not even so privilege which hn.s heretofore existed that they might heretofore be much as wish to make any Senator feel uncomfortable over his vote. franked, the demand for the printing has been more excessive? I only intended to explain my vote against the bill as amended, hav- Mr. OGLESBY. I ask the Senator how many Agricultural Report ing voted for the amendment proposed by the Post-Office Committee did he get as a Senator from Nobraska f and its honorable chairman restoring the fast-mail service, and at- Mr. PADDOCK. I will say tO the Senator that la-st year when I taching a good deal of importance to the utility of that service, for I came here there was an accumulation of two or three years' reports, believe it is a growing service with the country. , I felt willing enough but being a new Senator I did not receive a large number. I do uot • 1876. CONGRESSIONAL RECORD-SENATE. 5451 recollect exactly how many; I should sa.y at least fifty, and probably That the Senate recede from their disagreement to the amendment of the House more. I am unable, however, to state exactly; but I received are- numbered 2, and agree to the same, with an amendment as follows: After the last word insert, ·• Excepting comyensation for service performed by the said company spectable number, which I sent to my State. for the balance of the rerm o the contract of the said company lllllde in pursu- Mr. OGLESBY. The Senator received fifty or perhaps more·. I re- ance of the saiu act of February 17, 1865, and for which appropriation has been ceived more. made-, " Mr. PADDOCK. I do not remember the number. I wish to say JNO. P. JONES, H. L. DAWES, that nothing I did during the time I was here last year gave so great D. M. KEY, satisfaction to the agricultural people I represent on this floor as the Managers on the part of the Senate. distribution of those reports of the Commissioner of A~culture and .A.. M. W .ADDELL, the other public documents under the tempora1·y privilege to frank J. K. L U'.rT.&ELL, the same which was given last year. J . .A.. GARFIE~ ManageTs on the part of the .1:1.ouse. Mr. OGLESBY. I have no doubt that the distribution of the Ag- ricultural Report by the Senator to his fifty constituents was very Mr. EDMUNDS. What js the effect of that f agreeable. I sent some two or three hundred home and I have no :Mr. DAWES. The first amendment was to correct. a. mistake in a. doubt they were very agreeably accepted. How agreeably were the date in reference to a statute. The second amendment of the HoURe other farmers feeling about th~t time who did not get any f excepted the provisions of the statute under which t.be contract was Mr. PADDOC~. I will say that where I send an Agricultural Re- made. It was feared at the Post-Office Department that an exception port into an agricultural district of my State to one person a dozen of all claims under that statute would prevent the company from ob- · or twenty and perhaps a larger number are very sure to have the use taining compensation for carryin~ the mail during the remainder of of that report. And the same is true of all public documents sent to the term for which an appropriation was made. 'fhe Post-Office De- rural constituencies. partment suggest that to save that this additional amendment be Mr. OGLESBY. I do not know whether that is so or not; it may agreed to. be so, or it may not be so. To some extent I presume it is so. I pre- l\fr. EDMUNDS. It does not cover anv fresh claims f sume one farmer will hand the book to another if he cares to take it, Mr. DAWES. Not at all. It only a.llows them their compensation but I do know that one thousand Agricultural Reports scattered be- as heretofore appropriated. tween two hundred and fifty thousand farmers of Illinois are not so The report was concurred in. much as one drop of water in a bucket. What right have I, or has .THE SCHOOL Al\IRNDMENT. any Senator on this floor, to take fifty or one hundred Agricultural Re- ports and give them to such men t They may Iiot be especial friends. Mr. EDMUNDS. I moye that the Senate proceed to the considera. He will distribute them and they get them. What right has he to tion of the joint resolution (H. R. No. 1) proposing an amendment to select them and leave the others out f The Senator from Nebraska the Constitution of the United States. will say in answer," Give me·more;" ay, the whole country will say The motion was agreed to-ayes 29, noes not c.ounted. under this franking privilege," Give us more, pour out these public LIGHT-HOUSE AND FOG-BELL IN NARRAGANSET BAY. documents until you flood the mails with them, do as you did ten years ago, load down the Printing Establishment, load down the cars J..fr. BURNSIDE. I wish the Senator from Vermont would allow with them." That is what I think. The Sena,tor from Nebraska like me a few moment.s. . myself must have been emba,rrassed because he llid not receiv-e a suf- Mr. EDMUNDS. As the Senator has been compelled so long to be ficient number. I never receive enough public documents to answer absent by sickness, I will yield for the matter he wishes to call up, if the demands of the people who would re;td them. Therefore those I it does not lead to debate. give them to are specially privileged as I with the fmnking privilege Mr. BURNSIDE. During my absence Senate bill No. 492, making am specially privileged. an appropriation for a liG_ht-house and fog-bell on Narraganset Bay, • The PRESIDENT pro tempore. The question is on the passage of was paBsed over on the lialendar, and I now beg the present consid- the bill. eration of it if there is no objection on the part of any Senator. If it Mr. HAMLIN. I hope the Senate will vote. leads to any discussion, I shall not press it. The question being taken by yeas and nays, resulted-yeas 25, nays This rock on which this light is proposed to be erected occupies a 18; as follows : · most dangerous position at the mouth of the west passage of Nar- Y.E..A.S-Messrs. .Allison, Burnside, Christian.cy, Cooper, Cragin, Davis, ·Dawes, raganset Bay. The bill i~ unanimously recommended by the Com- Dennis, Frelinghuysen, Gordon, Hamlin, Hitchcock, Howe, Ingalls, Kelly, Key, mittee on Commerce after examination. · The erection of the li~ht Logan, Max:ey, Mitchell, Norwood, Pafldock, Ransom, Sargent, West, and With- has been recommended by the Light-House Board for two consecutive ers-25. years. The bill calls for an appropriation of· $35,000 for the erection NAYS-Messrs. .Anthony, Bogy, Booth, Boutwell, Cameron of Wisconsin, Cock- of a light. InaBmuch as this obstacle is in the main line of com- rell, Conkling, Eaton, Edmunds, Harvey, Kernan, McCreery, McMillan, Morrill, Oglesby, Saulsbnry, Spencer, and Stevenson-18. munication between the whole of the lower coast and the npper ABSENT-Messrs . .Alcorn, Barnum, Bayard, Bruce, Cameron of Pennsylvania, coast and New England and also the southern coast with Providence Clayton, Conover, Dorsey, Ferry~ Gi>ldt.hwaire, Hamilton, Johnston, Jones of Flor· and Narraganset Bay, I hope Senators will deem it wise to allow the ida, Jones of Nevada, McDonalu, Merrimon, Morton1 Patterson, Randolph, Rob· bill to pass. ert..son, Sharon, Sherman, Thurman, WatUeigh, ·wallace, Whyte, Windom, and Wright-28. The PRESIDENT pro tentpore. Is there objection to the present consideration of the bill f The Chair hears none. So the bill was passed. '!'he Senate, as in Committee of the Whole, proceeded to consider The title of the bill was amended by atlding the words "and for the bill (S. No. 492) making an appropriation for the erection of a other purposes." monument and spindle on Whale Rook, at the entrance of Narragan- MESSAGE FROM THE HOUSE. set Bay. A message from the House of Representatives, by Mr. G. M. ADAMs, The Committee on Commerce propose to amend the bill so to make its Clerk, announced. that the House had concurred in the amend- it read: ments of the Senate to the bill (H. R. No. 3359) making appropriations That there be appropriated, out of any money in the Treasury not otherwiso ap· for the payment of claims reported allowed by the commissioners of propriared, $35,000 for the purpose of erecting a li~ht.honse and fog-bell on Whale Rock at the entrance of N arraga.nset Bay, under tne direction of the Secretary of claims under the act of Congress of March 3, 1871, and for other pur- the Trea.snry. poses. 'l'he message also announced that the House had concurred in the The amendment was agreed to. report of the committee of conference on the disagreeing votes of the The bill waB reported to the Senate as amended, and the amend- two Houses on the bill (S. No. 1021) allowing the Pacific-Mail Steam- ment was concurred in. ship Company to carry the mails in their new iron steamships. The bill was ordered to be engrossed for a third reading, was read The message further announced that the House had concurred in the third time, and passed. the report of the committee of conference on the disagreeing votes '!'he title was amended so as to read: "A bill making an appropria- of the two Houses on the bill (H. R. No. 347B) making appropriations tion for the erection of a light-house and fog-bell on Whale Rock, for the current and contingent expenses of the Indian Department at the entrance of Narraganset Bay." and for fulfilling treaty stipulations with various Indian tribes for RECESS. the yeaT ending June 30, 1877 and for other p11fposes. Mr. INGALLS. At the suggestion of other ,Senators, I will state The message also announced that the House bad pa-ssed a joint that it is desirable that the session should continue to-night. For the resolution (H. R. No. 164) in reference to the payment of awards of purpose of testing the sense of the Senate, if there is no objection, I the Venezuelan mixed commission; in which it requested the con- will move a recess from five o'clock. to half paat seven. currence of the Senate. The PRESIDENT pro tempore. The question is on the motion of PACIFIC MAIL STEA.l\ISHIP .COMPANY, the Senator from Kansas. · Mr. D.A.WES submitted the following report: The motion waB agreed to. .. . ! • The committee of conference on the disagreeing_votes of the two Houses on the H.ANN.All W. SUMNER. amendments to the bill (S. No. 1021) allowing the .t'aci.fic Mail Steamship Company to catry the mails in their new iron steamships, havinope! ?ne which now makes. the system a fixed policy o~ every .community This is the logical sequence to the assertion of a public conscience; m the land. So certamly have our people been mdoctrmatecl with this, sooner or later, a result as fatal to freedom of conscience aa could t.h e necessity of public schools that if every State system were aban- be contrived. .cloned to-morrow, there would promptly arise a local one adapted to There is a general belief that good government requires by some the wants of the community, eupported by common consent or by aim- sufficient means religious as well as secular education. Protestants ple local taxation, and supervised by a vigilance that is now re1e!Tated 0 and leading American Catholics agree in this. by the citizens to others. Infidels and some other sects deny the necessity. The present issue So much bas been gained by the present system; a thirst for knowl- as to where secular education ends and religious teaching begins is edge, an evidence to all of its wonderful power, and a decision to be mainly between Protestants and Catholics. Agreeing in the main accepted as final, that the American people will be second to none proposition, they are at irreconcilable difference as to the means. in striving for all the advantages which education brings. l\Iost Protestants urge taxation for the support of public schools, in Thus far I have endeavored to show as to the amendment pro~ which theywouldbavelimitedreligiom~instruction. Catholicswould po ed by the House of Representatives- have no general taxation for the purpose; or if any be had, then an That it is but an added inhibition upon the States. equitable distribution of the moneys raised. The Catholic preference That it simply seeks to deal with a wide-spread practice as to edu- is for an education dependent upon the will of the parent, or the zeal cation. of rival religious organizations. They contend that in the advanced That upon many of the States it is of no additional effect, because position of the cause of education in the United States the wide-spread they have already, in spirit, adopted amendments to their own con- knowledge of the premium which society gives to intelligence will stitutions of similar effect. . eve1· insure fair education to the ma-sses. Protestants assert that That it is less inhibitory than any original inhibition npon the history does not sustain this view. States by the Federal Constitution. Many even claim that the security of the state hinges upon the That the purpose of the amendment is not to affirm a principle as education of its people; that ignorance is the instrument of despot- to the duty of Government to 6ducate, but to regulate in one respect ism, as intelligence is its foe. Thus it is argued the free state can the practice of States as to education. only maintain its integrity through the education of its citizens. If Did my:limited time permit I would endeavor to demonstrate that this be strictly true then education must be compulsoriJ. Then if you from the nature of men's education under differing theories of duty may compel my child to learn the lessons the state deems best, and to God and his fellows compromise . and reconciliation upon any sys- those lessons be what a majority of the state, through temporary rulers, tern of general religious educaii,on is impracticable. agree upon, what becomes of the priceless guarantee of liberty of con- I have indicated what seems to me to be, if persisted in, the ulti- science T mate of any system that antagonizes large bodies of citizens, attract- What is education T Shall the state cease its care with instructing ing to them through sympathy-that oppression, real orfancied, ever the mind f What of the morals of its coming citizen f Surely the be~ets-a large and constantly increasing number of non-reli~ious state h.as an equal interest, at least, in moral as in intellectnal edn- cit1zens. As a Protestant, believing in the beneficence and desll'ing cation. Then what of the physical condition of its people f All the advancement by fair means of my own religious doctrines, I pro- history tea.ches that a race physically degenerate rapidly deteriorates test against a public policy that brings so little of gain to me, and in mind and morals. Physiologists claim that the on1y sound basis that promises so much to my differing fellow-citizens. for a race that would steadily rise in the scale of intelligence and Mr. President, I am aware that all these views are not in bar- morals is (primarily) in healthful physical life. mony with those of many of those with whom my religious sym- Shall the state, finally agreeing to this doctrine, enact laws rerru- 0 pn.thies are. I sincerely regret that I am compelled to differ with la.ting and controlling the physical habits of the citizen T them, but my convictions of duty leave me no alternative. I am I do not imagine, Mr. President, that any of the extreme illustra- persuaded, after long and careful examination, that our true policy tiona I have used are likely to occur. The attempt would revolu- is to have and defend strictl.y non-sectarian schools, and that the tionize and wreck the state. 'Vhat I have endeavored to show by effort to have others supported at the common cost is not only an extreme illustrations is that, if Government once embarks upon the injustice to a portion of the tax-payers of the country, but is a great supreme care of the citizen as to education in one direction, logically and ~rowing source of danger to the cause of popular education. it may in all. The want of wisdom in such an attempt needs no It 1s over a year since I saw in the leading Presbyterian journal of argument. New York a hearty indorsement of these words from Archbishop A word in passing upon another phase. There has gr@wn to be a Bayley, of the Church of Rome: G zeal without judgment in the matter of public education that de-' If we wish our people to be comforted with religion, we must take care of them mands our attention aB legislators a~d citizens. ourselves, and the sooner we gird ourselves up to the work the betterfocthem and In an undue haste to give education to our children we may some- our own souls. times overlook that species that "teaches by example." Is it not wiser and safer that we who would pla-ce public education 'Vhat, for instance, shall the Virginian of the future say when he upon an enduring ba.sis should so decide as to leave political affairs is told that his State bestowed nearly $3,000,000 in support of its pub- as the business alone of the state and religious teachings the duty lie schools in 1875 and in the same yearforwautof means defaulted of parents and of denominations and sects 7 in the payment of part of its public debtT Yet I am told this is a . A word in ~losing. The e~ect of the amendment .sug~ested by.the fact, t~~ result of a constitution forced upon the people of a State Senate committee as a substitute for the House article 1s to prohibit by pohtlCal adventurers and zealots, without intelligence to guide or all religious instruction in any" institution" supported in whole or honest purpose to control them. in part by the public moneys. Thus it would come to pass thAt in all What comfort. to th~ widow and ?rphan1 bon~oldo.s of Virginia, prisons and reformatory institutions no religious teaching can be had, that thoufh thetr olallll8 are unpaid, the1r neighbors' childnm are because under the article proposed "no particular creed or tenet" ca.n educated be lawfully taught. Those who from vice and immoralit;ymost need Mf. President, we must cease to consider the state as any other thing religious teaching, and who are wholly iun.cces&ible to parents or .. I • 5456 CONGRESSIONAL RECORD-SENATE. AUGUST 11, friends, are absolutely cut off, should the Senate committee's amend- political question; but I do not want to vote if the friends of the ment be adopted! Senator cansjder it -political. Yet the same article of the Constitution proposed by them says that The P.k.ESIDENT pro tempo-re. The Chair reminds the Senator that the reading of the Bible shall not be prohibited in any school or in- debate is not in order. . stitution. Is not this a flat contradiction; or is the Bible a non- Mr. SAULSBURY. I am told several gentlemen have refrained religious book f from voting under similar circumstances. I only desire to say that I The "article" proposed by the.Senate seems to me most contradict- should vote against the substitute, if I voted at all. ory in this regard. The result was announced-yeas 27, nays 15; as follows. I could scarcely furnish a stronger illustration of the difficulties YEAS-Messrs. Allison, Anthony, Booth, Boutwell, Burnside, Cameron of Wi8· that surround those who insist upon non-religious teaching in one cousin, Christiancy, Conkling, Cragin, Edmunds, Ferry, Frelin~huysen, Harvey, breath and in the next make constitutional provision for reading Hitchcock, Howe, Ingalls, LOgan, McMillan, Mitchell, 'Morrill, vglesby, Paddock, the BiblE> in all public institutions. Which edition shall it be, if the Patterson, Sargent, Spencer, Wadleigh, and West--27. state assumes to designate one accordl,ng to its "conscience!" Is it NAYS-Messrs. Bogy, Cockrell, Cooper, Davis, Eaton, Gordon, Kelly, Kernan, Key, McCreery, Maxey, Norwood, Rand')lph, Ransom, and Stevenson-15. not wiser and better and far more just that each individual, even the ABSENT-Messrs. Alcorn, B~u:m, Bayard, Bruc~, Camet'?n of Pennsylvania., crimina.!, shall decide what his religious needs are 7 Cla.yton, Conover, Dawes, Denms, Dorsey, Goldthwa1te, Hamilton, Hamlin, .Tohn- The whole difficulty after all narrows down to this, that it is im- aton, Jones of Florida, Jones of N e-vacla, McDonald, Merrimon, Morton, Robertson, practicable to teach religion in schools supported at the public ex- Saulsbury, Sharon, Sherman, Thurman, Wa.llace, Whyte, Windom, Withers, and Wright-:29. pense and not violate the divine law, which sums up our human dutiea and obligations in the injllnction- So the amendment wa.s agreed to. Do unto others as ye would be done by. The joint resolution was reported to the Senate as amended, and the amendment made as in Committee of the Whole was concurred in. Mr. President, I am sincerely desirous that a speedy, permanent, Mr. EDMUNDS. On the third reading I ask for the yea.s and nays and just settlement of this disturbing and dts.ngerous question be had because some of our friends on the other side may have voted against 'l'he amendment passed by the House of Representatives is the one the amendment thinking it was unnecessary to the original proposi- upon which the judgment of the American people h~ substantially tion, and now that it is adopted I dare say we shall geta unanimous passed. Its adoption by the Senate will be quickly followed by the vote. ratification of the necessary States. Mr. SARGENT. Will it not do to Lave the yeas and nays on the It lies wi1hin the power of the republican majority of this body pas arreT to forever take the religious element out of politics. Will they do itt Mr.EDMUNDS. No, I would rather have them on the third reading. The hours of the session remaining to us are few. The attempt to The PRESIDENT pro ternpm·e. The question is on ordering the remodel so important a matter as an amendment to the Constitution, amendment to be engrossed aud the joint resolutio:t to be road the almost unanimously adopted by the ·House, and sustained by the t~d~~ . • promir:ent men and leaders of both parties in that body, will be un- Mr. EDMUNDS. I ask for the yeas and nays on that question. derstood by the American people to be an evasion of the question. The yeas and nays were ordered. They are not to be blinded by sophistries. They understand that by Mr. GORDON. I wish to make an inquiry whether after the vote the almost unanimous v-oice of the Representatives of the people a is taken on the pa age of tLe resolution now before us there will final and satisfactory solution has been proffered. It remains to be still be an opportunity to vote upon the· re olution as it came from seen whether the party in power in this body will refuse to adopt the the House. I desire to vote for the resolution as it came from the offer, and by subterfuges seek to keep open the question for political Honse if it be possible to get at it. capital, regardless of the public welfare and the great interest pre- The PRESIDENT pro tmnpm·e. That has been stricken out. sented in the cause of free education. Mr. EATON. I should like to ask the Chair what the result of this . The PRESIDENT pro tempore. The question is on the amendment vote is. There is so much confusion on the floor that I do not know of the Committee on the Judiciary. what the question is that is about being put. Mr. DAVIS called for the yeas and nays, and they were ordered. The PRESIDENT pro tempore. The joint resolution is now in the Mr. EATON. As I understand, this is the vote on the amendment Senate. The amendment agreed to on the yeas and nays in committee of the Senate committee that we are now to take. has been concurred in in the Senate by a viva voce vote. The que tion The PRESIDENT pro tempore. It is. now is on ordering the amendment to be engrossed and the joint r o- Mr. EATON. This is not a vote ·i n favor, but a vote on the substi- lution to be read the third time. tution, as I understand. ?tlr. EATON. It is not on its passage yet. The PRESIDENT pro tempore. A vote on the amendment in the The PRESIDENT pro ternp01·e. It is not yet. That will be the form of a substitute. next stage. Mr. EATON. A vote in favor of the substitution, if I understand Mr. UAVIS. Do I understand the Chair to rule that it would be it, does not pass the amendment. out of order to offer the House resolution to the present resolution T The PRESIDENT pro tempore. It does not pass the joint resolu- The PRESIDENT pro ternpore. The Chair did not so rule. The tion; it is an amendment to it on which the yea-s and nays have been Chair answered the question of tb.e Senator from Georgia that the ordered. · House resolution was stricken out. The Secretary proceeded to call the roll. Mr. GORDON. I asked the Cha.i r-I do not know whether the Mr. McDONALD, (when his name was called.) I am paired with Chair understood me or not-whether it was competent to offer the my colleague, [Mr. liORTON;] and as he expressed his disapprobation House resolution as a substitute. of the House resolution and as I am in favor of the House resolution The PRESIDENT pro tempore. It will not be after this vote. rather than the amendment which has been proposed, I shall decline Mr. GORDON. It is now 7 to vote. The PRESIDENT pro tempore. It is open to amendment before the Mr. WINDOM, (when his name was called.) On this question I am third reading. paired with the Senator from Delaware, [Mr. BAYARD.} If he were Mr. EDMUNDS. We have voted to strike out that very thing and present he would vote "nay," and I should vote "yea.' therefore it is not in order to restore it. The roll-call was concluded. The PRESIDENT pro tempore. But it is proposed to strike out and Mr. CLAYTON. On this question I am paired with the Senator insert. . from North Carolina, [Mr. MERru:MON.] If he were here he would Mr. EDMUNDS. We have vot.ed to strike out that thing and in- vote ''nay," and I should vote "yea." sert the other, which has been done. Now the Senator wants to strike .Mr. DAVIS. I have been requested by the Senator from Ohio [Mr. out what we ha~e just pnt in, and put in what we ·have struck ont. THURMAN] to announce that he is paired with his colleague, [Mr. The PRESIDENT p1·o tmnpore. The Chair understood the Senator SHERl\IAN.] from 'Georgia to wish to strike out and insert other matter. l\fr. I?ENNIS, (after having first voted in the ne~ative.) I voted on Mr. GORDON. No; I mean imply to offer the House resolution. the impression that this was not a pplitical questwn. Since it seems The PRESIDENT pro tempore. That cannot be done. That ha.s to be so regarded, I desire to state that I am paired with the Senator been stricken out. from Iowa [Mr. WRIGHT] on such questions. If he were here I pre- Mr. RANSOM. My friend from Georgia will allow me to say that sume he would vote "yea," and I should vote "nay." I ask to with- the question decided by the voto just taken was that the Senate pre- draw my vote. • ferred the amendment of the Judiciary Committee to the resolution The PRESIDENT p1·o untpore. The Chair hears no objection to the as it came from tho House. withdrawal of tbe vote of the Senator from Maryland. Mr. ALLISON. That is all. Mr. HITCHCOCK. I wish to say that the Sen&torfrom South Car- The PRESIDENT pro tempcn·e. The yeas and· nays will be taken on olina [Mr. ROBERTSON] is paired with the Senator from Pennsyl- ordering the amendment to be engrossed and the joint resolution to vania [Mr. WALLACE] on all political questions, and desired me to be read the third time. · make the announcement. The Secretary proceeded to call the roll. Mr. SAULSBURY. I desire to state that I am paired with the Sen- Mr. DENNIS, (when his name was called.) I am paired with the ator from Pennsylvania [Mr. CAMERON] on all political questions. Senator from Iowa, [Mr. WRIGJIT.] If present he would vote "yea,'' I do not know whether he would consider this a political question or and I should vote "nay." not. 1tlr. McDONALD, (when his name wa.s called.) I have the same Mr. ALLISON. I think he would. statement to mak~ that I made a few moments since in reference to Mr. SAULSBURY. A constitutional amendment ought not to be a the pair with my colleague, [Mr. MORTON.] 1876. CONGRESSIONAL. RECORD-SENATE. 5457 The call of the roll was concluded. The PRESIDENT p1·o ternp01·e. This is only to fix. the hour when Mr. CLAYTON. I a~ain state that I am paired with the Senator the resolution shall be read the third time, not to take up a proposi- from North Carolina, Llli. MERRIMON.] If present he would vote tion . "nay 7" and I should vote " yea." .Mr. GORDON. Then I think that would require unanimous con- l\1r. WINDOM. On this question I am paired with the Senator from sent. However, I shaU submit to t_!le Chair. . Delaware, [Mr. BAYARD.] If he were present he would vote "nay," Mr. EDMUNDS. It is the constant course of parliamentary la.w t.o and I shoulcl vote " yea." fix the day for re!tding a bill; either one hour hence, or _two bon~!i Mr. SAULSBURY. I am paired with the Senator from Pennsylva- hence when it is engrossed, or to-morrow, or any other t1me. It 1s nia [Mr. CiliERON] on all political questions. Not knowing whether the simplest motion ever heard of. he would consider this a politicn.l question or not, I decline to vote. :Mr. DAVIS, It occurs to me, without appealing from the decision I r a.t liberty I should vote "nay." of the Chair, that to name a time is fixing a time, and tha,t would ·he The result was announced-yeas Z'l, nays 15; as follows: to make this the special order to-morrow at one o'clock. YEAS-Messrs. Allison, Anthony, Booth, BoutwoU, Burnside, Cameron of Wis- Mr. EDMUNDS. Perhaps we shall get two-thirds even on that consin, Christiancy, Conkling, Cragin, Etlmunds. Ferry, Frelinghnysen, Harvey, view. · llitchcock, Howe, Ingalls, Logan, McMillan, Mitchell, Morrill, Oglesby, Paddock. Mr. DAVIS. I should like to hear the rule read. Patterson, Sargent, Spencer, Wadleigh, and West-27. The Chief Clerk read as follows : NAYS-Messrs. Bogy, Cockrell, Cooper, Davis, Eaton, Gordon, Kelly, Kernan, Key, Mc.Creerv, Maxey, Norwood, Randolph, Ransom, and Steve~son-15. 44. When an amendment t-o be proposed to the Con.~titution is under considera- ABSEN'£-Messrs. Alcorn, Barnum, Bayard, Bruce, Cameron of Pennsylvania, tion the concurrence of two-thirds of the Senators present shall not be requisite t-o Clayton, Conover, Dawes, Dennis, Dorsey, Goldthwaite, Hamilton, Hamlin, John- decicle any question for amendments, or extending to the merits, being short of the ston, Jones of Florida, Jones of Nevada, McDonald, Merrimon, Morton, Robertson, final question. Saulsbury, Sha.ron, Sherman, Thurm.'l-n, Wallace, Whyte, Windom, Withers, and / Mr. DAVIS. Now the rule on page 140 of the Manual reqmres two- . Wri.e;ht-29. So the amendment was ordered to "!>e engrossed and the joint reso- thirds t.o IDJ,k e a special order. The PRESIDENT p1·o ternpm·e. The Secretq,r y will read that rule. lution to be ren.d a third time. Mr. DAVIS. That is the rule I bad reference to. Mr: EDMUNDS. Is it in order now to fix a time for the third read- ingf If it is in order, I move that the joint resolution be read the The Chief Clerk read !l-8 follows : third time to-morrow at one o'clock. 3L * * * No bill, joint resolution, or other subject sb:ill be made a special The PRESIDENT pro ternpm·e. The Senator from Vermont moves Senators order for a particular day and hour without the concurrence of two-thirds of the present. that the third reading be to-morrow at one o'clock. Mr. SAULSBUltY. I thought we hadjustvoted on the third read- Mr. EDMUNDS. Yon might as well hold that we cannot order a ing. recess for to-morrow or anything else. · Mr. EDMUNDS. We have ordered it to be read the third time, and The PRESIDENT pro tintp01·e. The Chair rules that this vote does this is to fix the time when it shall be read the third time. not require two-thirds. The rule is specific in regard to amendments Tho PRESIDENT pro tempore. The motion is in order. The ques- to the Constitution that :ill intermediate votes shall req1Iire but a tion is on the motion of the Senator from Vermont. majority. . Several SENATORS. Let us have a division. . Mr. DAVIS. The ruling is only as relates to constitutional amend- Mr. BOGY. I call for..-'t he yenB and nays. mentsf The yeas and nays were ordered. · Mr. EDMUNDS. Does the Senator n.ppeal from the decision of the Mr. CONKLING. I wish to make a personal statement, if the Sen- Cha-irt ate will allow me one moment. I have no objection, of course, to Mr. DAVIS. I will if the Senator desires me to do it. voting on this resolution to-morrow at one o'clock. I do not want, Mr. EDMUNDS. Ce1·tamly, I wish him to very much. however, to give a vote which looks as if I was fixing a time when I Mr. DAVIS. Do I understand the ruling of the Chair to be only as should avoid tqe vote myself and it is absolutely impossible for me regards amendments to the Constitution f to be in the Senate to-morrow so early as that. If I do not vote to The PRESIDENT pro tempore. The Chair bases his decision upon fix that time, it is only because I .do not wish even to seem to fix an that rule. hour when I am certain not to be. here myself to vote upon a matter 1\!r. DAVIS. If it were not an amendment to the Constitution, wllich I am entirely willing and desirous to record myself upon. then, the Cha.ir would rule differently, am I to understand f Mr. EDMUNDS. I wish to make one remark in explanation of The PRESIDENT p1·o tempore. That is a supposititious case. The what the Senator from New York has referred to. I have made this Chair does not rule on that. motion, as I am frank to say, for tho reason that the Senate h:1 thin 1\!r. DAVIS. I have a right to ask the Chair whether under the to-night, and I fear from the votes that the resolution may ·be lost on present rules ordina.rily fixing the hour for business the Chair would its passage, it requiring two-thirds. My object is to fix a time when so rule. The Chair can make answer as he thinks proper. If that is if possible the Senate may be full and we can have a fair and full the ruling of the ~air, I have no disposition to appeal and I with- vote upon it. I am sorry that my friend from New York i:::~ obliged draw the appeal. to be absent; but in order to defend this good amendment, as I be- The PRESIDENT p1·o tempore. Does the Senator withdraw the lieve it to be, to the best of my power, I make this motion. call for the yeas and nays ' Mr. SAULSBURY. I desire to say that I am opposed to fixing the Mr. BOGY. I have not withdrawn the call for the yeas and nays. hour, because that will necessarily cut off any debate, as I apprehend, My call for the yeas and nays was seconded and I insist on it. and this is an important question. Mr. RANSOM. I am not disposed to differ with the Chair; but if Mr. EDMUNDS. Let me suggest to my friend that it does not cut I understood the co1loqny between the Senator from West Virginia off any debate. After the resolution is read the third time, the ques- and the Chair, this ruling of the Chair is based upou the rule with tion of its passage is open. reference to the proceedings upon constitutional amendments. I in- Mr. SAULSBURY. If that is the case, I have no objection. fer, therefore, that the Chair holds that when a proposition to amend Mr. DAVIS. I believe it takes two-thirds to make a special order. the Constitution is before the Senate the general parliamentary rules Mr. EDMUNDS. This is not a special order. .of the Senate are suspended a.nd only the rule adopted by the Senate Mr. EATON. Under one view of the Constitution it would cut off in reference to constitutional a.mendments is in force. Now, sir, with debate; under another it would not; and my inquiry of the Chair is very great deference to the Chair I think tha.t the rule requiring a whether the vote was to be taken at one o'clock or whether action is two-thirds vote to make a special order is in force, to all intents, and to proceed at one o'clock to-morrow. purposes to the same extent when we are debating or proceeding The PRESIDENT pro tempore. It will be open to debate. upon a constitutional amendment as it is when any other matter is Mr. EDMUNDS. When it has been read the third time. being considered; and that the rule first read by the Clerk from the 1\Ir. EATON. I only desired to know what the motion was. desk, saying that it only requires a majolity of the Senate to pass The PRESIDENT p1'o tempore. It is that t.he third reading be at upon any amendment to a constitutional amendment or any matter the time named. After the third reading it will be open to debate on short of the final question, merely meant to say that on all amend- the p!1Ssa*e. ments to, on all intermediate motions relative to such a measure, two- M1·. EArON. I hope the call for the yeas and nays will be with- thirds were not necessary. But that rule certainly did not intend, it drawn. could not have been contemplated by those who made it, that the Mr. DAVIS. I ask the Chair whether making a special order does general rule requiring two-thirds of the Senate to appoint t.he time not require two-thirdsf :for a special order was abolished. That could not be. The first rule The PRESIDENT pro tempore. This, however, will not require two- read by the Clerk simply means that it shall not require a two-thirds thirds; it is not a special order. vote to pass on preliminary motions or amendments to a resolution Mr. EATON. May I ask the Chair if a majority vote carries it over proposing a constitt1tional amendment, but it dicl not- and could not until to-morrow f mean to say that the standing rule of the Senate requiring a two- · The PRESIDENT pro tempore. It does. thirds vote to make a special order was therefore abolished as to all Mr. EATON. I supposed so, and therefore I requested my friend who proceedings pending such a resolution. called for the yeas and nays to withdraw the call. · The PRESIDENT p1·o tempore. The Chair will observe to the Mr. GORDON. I think that is a mistake, begging the pardon of Senator from North Carolina that the rule is not confined to amend- the Chair and my friend from Connecticut. It seems to me the rule ments, but extends to all questions sa.ve the final question on the paa- requires a two-thirds vote to make a special order. sage of a resolution proposing a constitutional amendment. The rule Mr. EDMUNDS. We are not making a special order. is specific. IV-342 · • .1 5458 CONGRESSIONAL RECORD-SEN~L\.TE. I AUGUST 11, Mr. EATON. One word, Mr. President. Our rules provide: from falling into the error that it might require two-thirds to pass When an amendment to be proposed to the Constitution is under consideration upon amendments to the general proposition, and nothing more. It the Concurrence of two-thirds of the Sena.wrs present shall not be requisite w de· meant to save us from that error, and not to say that the ordinary ~ide any question for amendment, or extending to the merits, being short of the rules of the Senate should be suspended. I withdraw the appeal from final question. the decision of the Chair. I think the Chair is entirely right. Yon may say it is in opposition Mr. GORDON. The Senator bas appealed; I want to say a word. to another standing rule, but thls .i s a standing rule with reference to a Mr. RANSOM. I will not withdraw it until I hear from the Sena- particular matter, amendments to the Constitution. The words "ex- tor from Georgia. tending to the merits," in my judgment, includes everything except.the Mr. STEVENSON. Mr. President, what is the pending question f final question, and therefore I think, with great deference to my friend Mr. CONKLING. The appeal from the decision of the Chair. from North Carolina, that the Chair is entirely right in'his ruling. I I have very few words to say about this matter. The first thing shall, therefore, sustain the ruling of the Chair in this particular. I have to say is that I will never allow the interest I feel in a meas· Mr. RANSOM. I wish my friend would hand me his Manual. ure or the wish that it should be consummated or consummated Mr. HARVEY. Is there any question before the Senate f There quickly to induce me to consent to a violation of the rules of the has been no appeal. Senate as I believe .they are. I understand t.he present motion to be The PRESIDENT pro tempore. The yeas and nays ha.ve been or- that on to-morrow at one o'clock this resolution shall be taken up and dered. read the third time. Mr. RANSOM. If the Senator from Kansas desires it I will appeal, Mr. FRELINGHUYSEN. It has been. in order that I may be heard, though I did not desire to do it. Mr. CONKLING. I beg the Senator's pardon. I inquire of the The PRESIDENT p-ro tempore. The Senator from North Carolina Chair whether he is right or I am right f The Senator from New appeals from the decision of the Chair. . Jersey says it has been read the third time. Mr. EDMUNDS. I rise to a point of ·order. There haa been one The PRESIDENT pro tempore. It has not been. It has been or- appeal from the Chair and it has been withdra.w n. I submit there dered to be read the third time, and the proposition is now to have cannot be any more. it read the third time to-morrow at one o'clock. The PRESIDENT pro tempore. There 4as boen no appeal with- Mr. CONKLING. In other words: A matt.er now pending in the drawn that the Chair knows of. Senate awaits its third reading. It is in order to read it a third time. Mr. EDMUNDS. All right. The motion is that that third reading shall occur at a certain hour The PRESIDENT pro tempore. The Senator from West Virginia to-morrow. The efl'ect of that motion is that at a certain hour to- [Mr. DAVIS] said that he might be driven to an appeal, but he did morrow, without debate, a debatable question shall be decided. Now, not appeal. . Mr. President, in my judgment that is a violation of the rules of this Mr. RANSOM. I do not desire to take up the time of the Senate body. There is no previous question here. There is no limit to de- to-night, and I would say nothing further upon this question but for bate upon a debatable question except the volition of the members the error tbat I see my friend from Connecticut has fallen into. of the Senate. The Senate may make a special order by a two-thirds Mr. EATON. Into or out oft vote. What is that f It is an order of the Senate, specially made, Mr. RANSOM. We shall see about that. I would bo glad if the that at a certain hour n. certain measure shall be taken np. Ta'keu Clerk would read again the rule in reference to amendments to the up with a denial of the right of debate T No, sir. Here is a rule Constitution. which specifies what it means: The Chief Clerk read Rule 44, as follows : 31. When the hour shall arrive for the consideration of a. special order, it shall 44. When an amendment to be proposed to the Constitution is under considera- be the duty of the presiding officer to take it up, unless the unfinished business of tion, the concurrence of two-thirds of the Senators present shall not be requisite to the preceding day shall be under consideration. decide any question for amendments, or extending to the merib, being short of the Therefore when the Senate, by a two-thirds vote, under its rule, or- final question. ders, and orders specially, that a given measure to-morrow at one Mr. RANSOM. If the Chair · for a moment will give his attention o'clock shall become a special order, the whole effect of that is to di- to the language of that rule he will see that it is confined to the ques- rect the presiding officer then to take it np. Then it is debatable, tion of amendments, or questions extending to the merits. Now I as much as if it were taken up at any other time and in any othflr ask does the motion to make this resolution the special order for to- way. • morrow at one o'clock refer either to the amendment itself, or to ~ny Mr. HOWE. I wish t-o ask the Senator from New York if, after the amendment to the proposition, or to the general merits f If the Sen- Senate has ordered the third reading of a bill, debate is in order be- ator from Connecticut can see in the motion of the Senator from Ver- fore that third reading is had T mont to pos11)one the consideration of this question to, and make it Mr. CONKLING. Certainly not, if I understand how this question the special o1~er for, to-morrow at one o'clock, anything affecting the now stands. I may entirely misunderstand the whole thing. amendment itself, or any amendment to the proposition, or the gen- Mr. EDMUNDS. Then it is debatable at this moment. eral merits of the proposition, I must snbmit that I am in error. But Mr. CONKLING. Certainly it is not. • I take· it that the standing rule of the Senate requiring two-thirds of Mr. EDMUNDS. What are yon doingnowf Youaredebating the the Senate to appoint a special order operates as well with regard to point of order now. proceedings on amendments to the Constitution as it does on any Mr. CONKLING. Let me see whether the Chair and I ·a re both other legislation. Why, sir, suppose a bill to remove political disa- wrong about this. I understand from Senators now that the vote has bilities was up to-day, requiring two-thirds to pass it on its final pas- been taken on ordering this resolution to a third reading. sage, and a motion wa.8 made to make that the special order for to- The PRESIDENT p-ro tempore. It haa been. morrow, would the Chair rule that that motion did not require two- Mr. CONKLING. What is the reason then that the third reading thirds f In an impeachment, which requires ~ two-thirds vote to has not been ordered. convict, would the Chair say that because a majority could take some The PRESIDENT pro tempore. The Senate have ordered the third preliminary step in the proceeding it did not take two-thirds to make reading, and the Senator from Vermont has moved that the third a special order in that case f reading shall take place to-morrow at one o'clock. I Mr. EATON. Will my friend permit me f Mr. CONKLING. But has the third reading lleen ordered f Mr. RANSOM. With great pleasure. Mr. EDMUNDS. Yes, sir. Mr. EATON. I think I have fallen out of and he has fallen into Mr. CONKLING. Then I have been wrong in ve~y much that I an error in this-- have been saying, and I have no exouse to submit for it except tlllit Mr. RANSOM. I see what my friend is going to say. when my friend from New Jersey corrected me, (and he was quite Mr. EATON. I think nnt. right and I was quite wrong,) I a ked the Chair whether this I'esolu- Mr. RANSOM. I know so well what ht3 is going to say that I de- tion had lleen ordered to a third reading and the Chair said "no," as sire my friend to stop f:rom saying what he is going to say. I think I understood. he is going to say.that proceedings in cases of impeachment are not The PRESIDENT pro tempore. The Chair understood the Senator exactly BB they are in legislative business. fromNew York to ask whether it had been read a third time, and the Mr. EATON. That was not what I was going to say at all. Chair answered " no." Mr. RANSOM. I know that ought to have been what my friend Mr. CONKLING. Ah, that is the distinction. Then I was quite would say. mistaken. Now let me correct myself. If the Senate has voted that Mr. EATON. What I was about to sa.ywas this, that the errormy this resolution shall be read the third time, the Senator from Ver- friend is falling into is that here are two absolute special rules; and mont is quite right, his idea being that no debate is in order until it there is one special rule applicable to all general matters it must gov- is rea,d the third time. ern; but where there is another special rule, that rule must govern Mr. DAVIS. Or any other business. without regard to the first rule. Mr. CONKLING. No, sir, not as I understand it. It is in order Mr. RAMSOM. Do I understand my friend from Connecticut t~ for any Senator to move that the Senate adjourn, it is in order to make maintain here that when we are proceeding upon a constitutional a motion for a recess or to go into executive session, that the bill be amendment, the ordinary, the established rules of the Senate are sus- indefinitely postponed or postponed to a day certain. Thinking the pended! Senator from Vermont had moved that its third reading bo postponed Mr. EATON. Certainly. If the rule isaspeci:tlrnle, thatrulewith to a day certain, I arose to address the Chair, but it entirely saves me regard to constitutional amendments suApends the others. · from the very great discomfit I have had in supposing that we were Mr. RANSOM. It cannot do it, Mr. President. The simple purpose likely to do a thing which to me was not warranted by the rule. I of the rnle which ~as been read lly the Clerk was to guard the Senate supposed the motion was to postpone the third reading of the bill, there· 1876. CONGRESSIONAL RECORD-SENATE. 5459 by meaning that the bill be read at one o'clock, and that then that the particular thing that it has ordered it will do. It has already motion, confessedly debatable in itself, should be taken up without ordered that this resolution shall be read a third time. It has not debate, and the Senate proceed to vote upon it. I find I am entirely ordered that it shall be considered, but that a simple a-ct about it, a mistaken and I wish ·to withdraw whatever I have said. parliamentary act which it has ordered, a Ja wful act, shall take place. Mr. BOGY. Will the Senator permit me to ask him a question f Then the question is when f Somebody says "now," in a parlia- From the statements which have been presented by himself it will mentary body. Somebody says "two hours hence;" somebody says require a two-thirds vote to postpone this until to-morrow. "to-morrow." Sometimes they frequently say in Parliament "this Mr. CONKLING. I do not think so, because I do not understand day week," which is a very common motion. That being the state the motion to be that it be made a special order. Were that the of the parliamentary law, of course it is perfectly in order to fix a motion it would undoubtedly require a two-thirds vote, but the mo- time. tiy this resolution on the table. That would stop Mr. RA~SOM. If the Chair had stated in the beginning that t.bis debate. Suppose then a motion had been made to t~tke the vote to- was simply a motion to postpone until to-morrow, and that then the morrow at one o'clock, would it not have been a special orderf Un- resolution would take its ordinary fate in the proceedings of this less the Chair can decide that a motion that a bill be read the third body, I should not have appealed from the decision of the Chair, for time is a different motiou, a different proceeding from any other one that was the manifest decision. within the rules of the Senate, I do not see how this proposition can • The P~ESIDENT p1·o tempore. The Chair will say to the Senat.or be passed without a vote of two-thirds of the Senate. from North Carolina that the Chair took particular pains, as the Sen- Mr. NORWOOD. I invite the attention of the Senator from Ver- ator from West Virginia 'Yill remember, and did not rule on a sup- mont to Rule 31 : posititious case. The Chair ruled upon the rule bearing npon consti- When the hour shall arrive for the consideration of a special order, it shall be tutional amendments. Tbe Chair has in no instance, as f:he official the do5y of tho presiding officer to tnke it up, unless the urifinished business of the report will verify, characterized this as a special order. 'l'bis is exe- precediDg day shall be under consideration. · cuting au order of the Seuate, a postponement of the third reading I desire to ask the Senator from Vermont if his motion is carried of this resolntion. The Senate has to-day ordered the third reading, into effect, when the hqur of one o'clock arrives to-morrow under and the Senator from Vermont has moved to postpone its third read- what rule will his motion take effect Y Will it be by virtue of the ing until oue o'clock to-morrow. resolution havin,~ been made a special orderf If not, under what .Mr. HOWE. I am satisfied, upon looking at Mr. Cushing's treatise, rule and how will the Senate p!'oceed to consider it f that this motion is not a motion to make a special order. Mr. Cush- .Mr. EDMUNDS. Under precisely the~ame rule that to-morrow at ing says: one o'clock, if it is so ordered to-night, we shall take a recess for fif- 2210. The motion that the bill or the bill with the amendments, as the C,'\se may teen minutes. be, be engrossed, may be made immediately upon tho conclusion of the proy a. motion for the third t·eading of the bill, on analogy between that · case and his resolution. They apply to the a particular day, or on a partic!llar day if then engrossed. consideration of bills or of joint resolutions, because t.he rule applies • * lr * * * * to bills or joint resolutions, or ot.ber subjects-matter of legislation. 2'214. Tho order for the engrossment of a bill is sometimes in the simple form that the bill be engrossed; sometimes it is accompanied by an order for the third I will ask the Senator from Vermont, if he will give me his attention reailin~; sometimes for tho third reading ou n part icn lar day; or on a partic1, lar again: would the Chair call up this matter to-morrow as a special or- day if the bill should then be engros ed. If no order is made as to the time for der to be considered by the Senate f tho third reading it may take place as soon as the bill is engrossed; if tho time bas Mr. EDMUNDS. What the Chair would do undoubtedly would be been fixed tho tnird reading is an order of the day for the aay so agreed upon, and to be proceeded with accoraingly. what be always does, and that is to execute the order of the Senate. 2215. The next step to be t.aken after the engrossment or after the report, or pro· I have no doubt the Chair wonld say, "The hour having arrived at ceedings on the report, of a bill already engrossed, is the third reading. If a bill from which this resolution was ordered to be read a third time, that order tho other House is reported from the committee without amendment, being already will be executed/' and then it would be read the tbiru time. engrossed, it may be read a third time immediately, or it may be ordered to be reM a third time, without any time being fixed therefor; or the time may be fixed for .Mr. NORWOOD. Would that take precedence of any other busi- a future day. If n. bill from the other House is reported from the committee with ness at that time, and if so, by virtue of what rule f It would not come amendments, the same proceedings may take place upon it with reference to a. under any rule that made it a special order; the Senator admits that . third reading, at the termination of the proceedings upon the report. I want to know by what rule that order would then take precedence • * * * * 1" * In the House of Representatives of the United States it appears to be tho custom before any other business before the Senate f Where is the general to engross bills in advance of their being ordered to be engrossed; and if a bill parliamentary rule i We are proceeding under special standing rules, happens to be thus engrossed, it may be read a third time immediawly; otherwise and we are considering standing rnles. We have standing rules, and this motion- we have standing rules that apply to this very case. The standing That is, if it is not already engrossed- rule here is that- except in the case of a bill from the other branch-which is already engrossed-is No bill, joint resolution- not in order; nor, without a suspension of the rulos, can an unengrossed bill be Which is this case- read a third time. • 2217. When a time has been previously fixed for the third reading, the third roa~ or other subject shall be made a. special order for a particular day and hour- ing becomes an order of the day for the day appointed, and is proceeded with ac- Which is the motion of the Senator from Vermont- cordingly. (Cushing's Law and Practice of Legislative Assemblies, pages 858-861.) without the concurrence of two-thirds of the Senators present. The PRESIDENT pro temp01·e. In that connection the Chair will If that is not a special order under Rnle 31, which it would be the state to the Senator from Wisconsin that the practice is to atate that duty of the Chair to call up when the hour of one shall arrive to- a bill being ordered to be engl'ossed and read the third time will be morrow, under what standing rule of the Senate will the Chair pro- read the third time, not waitmg for the formal engrossment. That ceed to ca.l l it np Y Is there any general parliamentary rule, as sug- has been_the practice, and therefore it comes within tho rul&. gested by the Senator from Connecticut, which overrides a standing .Mr. EDMUNDS. By unanimous consent that is-done. rule of the Senate t The standing rnle requires the Chair to call The PRESIDENT p1·o tempore. That is done by unanimous consent. up a special order at a given hour. The Senator from Connecticut The actual engrossment is scarcely ever required. !ll.'tys that the general parliamentary law would regulate it; in other Mr. EDMUNDS. What is the penrling question f words, that the standing rule shall give way to a general rule. I The PRESIDENT pro tcmpo1'e. Does the Senator from North Car- think that the Senator from North Carolina is entirely correct, that, olina appeal from the decision of the Chair Y this bein~ a joint resolution, if we propose to :fix a particular da.y and Mr. RANSOM. Understanding now that the Chair considers this hour for 1ts consideration, that is a motion to make it a special order as a simple motion to postpone until to-morrow at one o'clock, with- which requires the concurrence of two-thirds of the Senators present out giving the resolution the charactet· of n. special order n.t that hour, to do it. As was said by my friend, this motion does not affect any I withdraw the appeal, becau_se from that ruling I never would have amendment to this resolution, nor does it affect the merits of the dissented if I had .understood it so. question, as is provided for under Rule 44. · I cannot see why this The PRESIDENT p1·o tempo·re. The Chair will ~tate that there- will not be a special order, and if it be a special order it will be the porter's notes will verify what he now says. duty of the Chair to call it up at the hour named to-morrow; and Mr. RANSOM. I will not doubt it. under Rule 31 it will take precedence of all other business. The PRESIDENT pro tempore. The Chair was very particnlar to Mr. FRELINGHUYSEN. I call the attention of the Senator from state it. The record will show that the Chair is correct. Georgia to Rule 11, on page 133 of the Manual : Mr. RANSOM. I understood the Chair to rule differently. When a question is under debate, no motion shall be received but- Mr. FRELINGHUYSEN. Is there anything before the Senate t To adjourn; Mr. ED~IUNDS. What is now the pending question Y My motion, To proceed to the consideration of executive business; is it not, the appeal being withdrawn f ·· To lay on the table; The PRESIDENT pro tempore. The appeal is withdrawn, and the To postpone indefinitely; Chair rules that the motion is in order. To postpone to a day cert.ain. 1\Ir. EDMUNDS. I ask that my motion be put. This last is one of the motions that is in order, and certainly it does The PRESIDENT p1'o tempo1·e. The motion is that tho third read- not reqtrire any~hing more than a majority. . ing of tho bill be fixed for to-morrow at one o'clock. Mr. RANSOM. Will the Senator from ·New Jersev hear me for a Mr. BOGY. I had called for the yeas and nays on that motion, and second y If th~s was a motion to postpone to a day certain, without as no notice was taken of it some mistake must have been made. giving to that motion, as I understand the Senator from Vermont The PRESIDENT pro tempore. The question is on postponing tho does give to it and the Chair gives to it, the character of a special third reading of the joint resolution until one o'clock to-morrow. order, then there could be no controversy about a bare majority being Mr. BOGY. I called for the yeas and nays awhile ago and the ue- 1876. CONGRESSIONAL RECORD-SENATE. 5461 mand was sustained. The Chair, for some reason which I cannot ex- tee again, I might have the indulgence of having this matter con- pbin1 (and there is no reflection at all upon the Chair,) put the vote sidered. · without regarding that order; and the same thing is now being- done I put it upon personal grounds; I put it furthermore on the inter- again. Therefore as a matter of right, as a Senator on this floor, I ests of our coast, which are jeop arded by this delay. I am simply ask- 1.1 gain call for the yeas and nays. ing for :m opportunity to be heard. The executive department ne- The PRESIDENT pro tempore. The Chair will simply say that gotiated this treaty w-ith the authorities of the Sandwich Islands. It there bas been so much intervening since that the Chair lost sight of was ratified hy t.he Senate. The House of Representatives has passed it, as he did beforo, supposin~ the Senator had withdrawn the call the appropriate legislatio!J and it is here before us. The Parliament but found he did not. The Cnair will now put the question .e made be- Mr. TERRY. I only wish to add that the investigation can be fore this session closed, with a fair exhiuit by the majority and the more satisfactorily made at the several soldiers' homes. minority of each committee The second was that the reports should Mr. HALE. The gentleman a:nd all the gentlemen on the Commit- come in and tho matter be ended with this session. It was the uni- tee on Military Affairs have had nearly nine months to make this in- versal feeling, so far as I know, that it was not quite fair, certainly . vestigation, and we have macle arrangements for their report to come not exactly manly, that we should have a series of partisan inve ti- in at any t~; but it seems, 1\lr. Speaker, that every concession m~de gations going on in vacation during a heated political canvass. That, by this side OI the Honse as to the admission of these reports is to be I think, was tlle main idea in the minds of everybody here, so far as followed by new demands. It did not occur, sir, to me the other day, I know, as to the object gained by the agreement. when we made the arrangement of which the House is aware, that Now if that is overcome by this resolution it. may be overcome in we should be so soon as this asked, or sought to be driven, to con- every other case by a majority vote, although it was within our sent to a committee meeting during the recese. Now, we, on this power, by a single objection, to prevent any arrangement. We con- side of the Honse, cannot and will not consent to that. sented to the arrangement for the sake of the public business, and if Mr. RANDALL. '!'his is the only committee that has asked that ad vantage should now bo taken of it, I am sure we would be justified privilege. in using all parliamentary expedients to prevent it. Mr. HALE. But how do we know how soon such another request Mr. RANDALL. I do not think there is any occasion whatever for will follow t this scare in regard to this proposition. I do not know thu.t any l\1r. BANNING. The gentleman from Maine said that he repre- other committee ~esires to nsk for a similar privilege. In this ca e sented the united sentiment of that side of the House. allegations have been made as to the manner in which the eli able1l Mr. HALE. I said that I thought I did. volunteer soldiers of the war have been imposed upou in these homes. ML BANNING. This resolution is ·unanimously reported by the I think it is far from being a partisan investigation at all. I think Committee on Military Affairs. it is desirable in a non-partisan view to visit these home by sub- Mr. HALE. I should be gla-d to hear from some member of the committees :md ascertn.in whether these allegations as made by the minority of i.!he committee on that point. soldiers against the managers of the homes are correct or not. Mr. HURLBUT .. It was a part of the duty of the Committee on Mr. HALE. Now if tho gentleman will-- Military .Affairs to report in regard to the e homes for the disabled The PEAKER p1·o ternpore. The Chair must. decline to hear fur- solOiers of the counti·y. Xbelieve this report to be strictly fair. The ther suggestions, and will direct the rcsolutiOJ?- passed on last Monday complaints in 1·egar~ to t.hese homes did not come to us in a.ny organ- to uo read by the Clerk. 1876: CONGRESSIONAL RECORD-HOUSE. 5465 The Clerk read as follows : Mr. FRYE. In the remark which the gentleman has just quoted Resolved, That the investigation committees may have leave to report dnring the I had no reference to this committee, but to opening the door to other remainder of this session at any time after forty-eight hours' notice from the time committees which may do that. I have faith in this committee, and the committee have agreed to the report and submitteu tho same to the minority, personally I have not the slighest objection to their conducting this wl1o shn1l have leave at the .same time to submit their views to the House; and if investigation during the recess. :My objection is only to opening the the minority is absent from the meeting, said notice of the same shall be given in door to other committees. the House. b!r. BANNING. I am obliged t-o the gentleman. I believe this The SPEAKER pro temp01·e. It is very evident from the reading committee has so conducted itself a not to de erve to be o character- of this re!iolution that there is nothing in it which restricts in any ized. Its reports, as I have said, have always been unanimous. But, manner the character of the report that is to be made. The Chair ·Mr. Speaker, this investigation ought not to be stopped now. If, as has carefully examined the record of the discussion upon that ques- my colleague says, we should put it off until next winter, tho session tion, and there is an entire omission of any reference whatever as to will be a short one, and this investigation will never be made. It is the character of the reports. The simple provision is that upon certain one that ought to be made. notice reports may be made. As, however, there seems to be this omis- Mr. .McCRARY. Will the gentleman yield to me for a sugges- sion, the Chair, as he stated a moment ago, regards it n.s only fair that tion' the matter should be submitted to the Hou.se. Is it the opinion of M:r. BANNING. Certainly. the House that t)le report-- Mr. McCRARY. The gentleman from Ohio andeveryother gentle- 1\fr. CONGER. Before that question is submitted I wish to man will remember that the resolution with regard tn the presentation say-- of reports of committees of investigations wa.s adopted by ihe unani- The SPEAKER pro tempore. If the gentleman from Michigan will mous consent of all the members of this Ho11.se. The gentleman will also be kind enough to allow the Chair to. conclude he will then be recog- recollect that every member on this side has continually protested nized·; not till then: TheChairwillstatethequestion which he submits against making any arrangement by which investigating committees to the House: Is it the opinion of the House that the repOit of the should sit during the recess. Now, it must be perfectly apparent if gentleman from Virginia, [Mr. TERRY,] which has been read, is now in the resolution which has been adopted is to be construed as giving order under there olution just reported 7 The Chair now recognizes the right to all these committees on bringing in a report of this kind tho gentleman from Michigan . to continue their sittings and their investigations through the com- .Mr. CONGER. I desire to call the attention of the Chair to the ing recess, then every gentleman on this side of the House has been fact that the leading idea of the resolution just read-- imposed upon and deceived by that resolution. We had no such The SPEAKER pro tempore. The Chair does not care to hear any thought; no · gentleman here had any such expectation, and I think further discussion on that point. The Chair has decided the point. no gentleman on the other side of the House had any idea at the time Mr. CONGER. Then the Chair does not wish to hea.r me f the arrangement was made such a construction could be put upon it. The SPEAKER pro. tempore. The Chair does not, upon that point• I agree with the Chair; there seems to be nothing in the resolution .Mr. CONGER. I state to the Chair that I have a point· to make. itself- - • The SPEAKER pro temp01·e. The gentleman will be kllld enough 1\Ir. GARFIELD. Technically. . to state what it is. Mr. McCRARY. Yes; nothing in the Tesolution itself technically 1\lr. CONGER. I was doing so-not in the elegantl:mguage of the which restricts or limits the character of the report; but I submit to Speaker, but in my own. gentlemen on the other side of the House that in good faith, in fair- The SPEAKER pro tentpo're. The Chair hopes the gentleman will ness, they ought to concede when we unanimously consented to this get :1t his point at once. resolution we did not intend to agree it should be so construed OJ; Mr. CONGER. I hope I shall not be interrupted again . could be so construed as to continue all these investigations durin~ The SPEAKER p1·o temp01·e. That the Chair cannot. promise. the coming recess,.against which we have all protested whenever the Mr. CONGER. I was about t.o make this point: that the principal question has been presented. · object of the resolution read a few moments ago was to compeJ the Now, sir, so far as this particular matter is concerned, if the gen- investigating committees to close their investigations and make their tleman from Ohio [Mr. BANNING] will ask unanimous con ent that reports before the adjournment of Congress. . That was the leading this particular committee shall be allowed to sit during the recess, I idea. Now, if instead of doing that, these investigating committees, by do not know that 8.ny gentleman here will obje.ct. ·But when my means of a report, only open t.be door for further investigations, they biend from Pennsylvania [Mr. RANDALL] puts it on the Tl.SO will do in all the gentleman has said any reason why we should not adopt what they can to regain what they have lost. this resolution under the agreement of t.h e Honse, because, as I said Mr. GARFIELD. I hope that we shall not come to a collision on before, the condition of this investigati~m '_Vas fully known to ~he this mattter. I suggest that this c]ause of t.he resolution be left out. other side of the Honse when the resolution 1tself was adopted. Mr. HALE. If the gentleman reporting this resolution will omit Mr. McCRARY. Then let the gentleman from Ohio ask unanimous the clause in reference to t.b.e committee sitting during the recess consent for this particular committee to sit during the recess. there will bono objection. Mr. BANNING. It had been agreed to, fully agreed to, before the Mr. TBRRY. As to the difficulty of getting members to serve on a resolution wa.s adopted. subcommittee during the recess, that is a question with the gentle- Now, Mr. Speaker, as I have said before, if we do not investigate men themselves. If thore are members of this House who can give this during the vacation we cannot investigate it at ali during this their time between now and next December to this investigation, I do Congress. Thm·e are four of these asylums, one in Maine, one in Vir- not see why the House should object. ginia, one in Ohio, and one in Wisconsin: During the short session 1\!r. llANNING. Let me say a word on this point, for I think there which is to ·come next winter it will be impossible to make the in- should be no misunderstanding. At the time of the adoption of the vestigation. · resolution under which we are now offering this report, the report Mr. HALE. Let me say right here- had been agreed to together with the resolution which we now bring 1\!r. BANNING. In one minute. I do not think my friend will un- in. As to the remark of my friend from Maine [Mr. FRYE] abont dertake to cut off this investigation now, especially when the Com- this committee "throwing mud," I do not think we have done much mittee on Military Affairs have unanimously agreed to it. of that. Every report that we have made has been unanimous, Mr. HALE. Let me say that the objection which has 'b een raised signed by all the members of your side as well as ours. That is the here ha-s nothing whatever to do with the subject-matter which this case with this report. committee specifically reports at this time. It only happens that This is an investigation which we thought ought to be made. The what this side of the House believes is a wrong, which is being forced men in these asylums are asking that it shall be made; am! the mem- upon us, comes up in t.hiR form. If any other committee, no matter bers of the committee thonght they could best make the investiga- which it migbt have been, had come in and claimed under the· resolu~ tion during the vacation. There is no partisanship in it . There is tion it was authorized to sit during the recess, after Congress had no disposition to use this investigation to make any political capital adjourned, we should have made the same opposition to it. It comes at all. Nobody ever thought of that-at least, I never did-until it up in this manner, and I beg gentlemen to bear in mind, and I .call was spoken of here this morning. At the tim.e your side of the H ouso attention to the fact, that it has nothing whatever to do with the agreed to this resolution they knew perfectly well that this report subject-matter of this i~vestigation. We do not object to this partic- had been a.g reed to in the committee ; so they must have fully un- ular inquiry. If these things ought to be looked into, we say God- derstood what would be its effect. The ofi'ect, as has been stated by speed to it. the gentleman from Virginia, [Mr. TERRY,] will only be to allow this Mr. BANNING. Then let us do it. inves~.1gation to be made; and I do not tllink that my friend from l't1r. HALE. There has been a long time in which the investigation Maine, who characterizes this as a" mud-machine," will find that we rnjght have been made. I think we ought to insist on our objection a.re throwing any mud which we onght .not to tllrow. to allowing committees to sit during the recess. 1\!r. FRYE. Will-my friend allow me a moment t Mr. TERRY. I desire to say one word in reply to the gentloma.n Mr. BANNING. ·Certainly. from Maine. I asked unanimous cons~nt the other day, before the 5466 CONGRESSIONAL RECORD-HOUSE. AUGUST 11, resolution of Monday was pa-ssed, and he then objected to it. What I say that rather than concede that we shall desert our posts, adjourn avails the asking of unanimous consent nowf this Congress, and go home, and let committees go on and use as they Mr. RANDALL. If the gentleman is sincere, and I have no doubt see fit the names of innocent men-rather than do that, I will agree he is, why need he seek to resort to the threat he makes of filibuster- to sit right here in session. If it is necessary for the country to have ing against this resolution f Why not reserve the execution of the more light on some subjects that we are investigatin& let us go on threat until we do introduce from this side of the House some propo- and investigate· them; and sit here at our posts until vecember, not sition allowing to sit during the recess committees which are objec- adjourning at all. If that is agreed to, I will never raise my voice in a tionable to them f They say in reference to this investigation they word of complaint, but will stay here and help to do the public busi- agree to it. There are other committees which might want, perhaps, ness. • to sit during the recess. · But, gentlemen on the other side, you know you are taking advan- I recollect the gentleman from Ohio [Mr. GARFIELD] himsolf, at tage of us. Those of you with whom I have conversed, and notably the corresponding session of the previous Congress, camo into the the gentleman from New York (Mr. Cox] who offered the resolution, House and asked unanimous consent that the Appropriation Com- knows very well that it was agreed to merely for the purpose of let- mittee might sit during th~ recess, and there was no objection to it. ting you bring in what you had found and nothing more. ·And I say Mr. GARFIELD. I hope, on the same terms as then, the Commit- to my colleagues here in the minority that, rather than permit this tee on Appropriations -will be allowed to come here in November and thing to be done, we will resort to all the means which the rules per- prepare the appropriation bills. mit the minority to use to prevent it, if we stay here until December. :Mr. RANDALL. The Committee on Appropriations hanpermission Mr. BANNING. Then when these soldiers want investigation you in the preceding Congress to sit during the recess wi~hout objection. will not give it to them. Whatever is unobjectionable to gentlemen on the other side of the Mr. WILSON, of Iowa. Go on with the investigation now; but let House, and tbis investigation is unobjectionable to them, let it be us stay in seesiou if all the investigating committees are to sit, so that agreed to, and let them make their objection when anything comes the power that arraigns a cititzen may be ready to hear when injus· up which is offensive to them. Do not strike down this resolution tice is done him. . which proposes to correct alleged abuses in the asylums for disabled Many members -called for the regular order. volunteer soldiers. The SPEAKER pro tempore. The Chair will state that he can only Mr. McCRARY. Why does the gentleman from Pennsylvania ob- construe the rules as they read. He is not a party to the understand- ject to asking unanimous consent f Why does he claim it as the right ing in one way or the other. There seems to have been some misap- of the committee under the resolution f prehension or some omission of reference to a particular case of this Mr. RANDALL. Because the resolution, I cl&im arid maintain, kind; but nothing whatever in the resolution,in the judgment of the never did restrict the character of a report and never was intended Chair, can possibly exclude this report. Nevertheless he 'vill leave to do so. that to the judgment of the House. Is it the opinion of the House Mr. GARFIELD. I am iuclined to think that if unanimous con- thq,t, under the order which has been read, the report which has been sent were ~ked this side of the House would grant it. By so doing made by the gentleman from Virginia [Mr. TERRY] from the Com- we would not commit ourselves to anything else. But if this is asked mittee on Military Affairs is now in order f aa a matter of right we will resist it to the 1ast, because it is contrary The question being taken, there were-ayes 88, noes 74. to our understandin* of the agreement. Mr. HALE. Let us have the yeas and nays. Mr. RANDALL. l'hen you can take the responsibility of your ac- The yeas and nays were ordered. tion.. Mr. YEATES. I ask that the resolution of the Committee on Mili- Mr. GARFIELD. If the gentleman will limit the sittingll of the tary Affairs may be again read. committee to four weeks prior to the beginning of the next session, . The resolution was again read. I think there will be no objection. Mr. SPRINGER. Will gentlemen upon the other side of the House Mr. BANNING. We did ask unanimous consent the other day, and allow this report to come in by unanimous consent waiving the ques- the gentleman from Maine objected. tion of its admissibility under the rule adopted on Monday last f Mr. HALE. I certainly did, because it involved the general prin- Mr. HURLBUT. If the gentleman will allow me to ask that con- ciple and we had no explanation of what was covered by the request. sent, I have no doubt it will be granted on this side of. the House. The SPEAKER pro tempore. The Chair desires to say that this dis- Mr. SPRINGER. I think that can be done by unanimous consent, cussion is proceeding only by unanimous consent. It has been al- and we can thus save a good deal of trouble. lowed by the Chair with a view to some conclusion being arrived at; Mr. RANDALL. So f.ar as I am informed there is no other com- but from the direction the discussion has taken there seem8 to he no mittee that asks from the House the same privilege, and if there is hope of that. a fight to be matle upon this question it had better be made upon Mr. GARFIELD. I think I can make a proposition which the other some report on which the two br::t.nches of the committee are divided. side of the House will accept: That we authorize the committee to Mr. HURLBUT. I ask unanimous consent that the report be re- meet and make an investigation at any time within four weeks prior ceived and adopted. to the meeting of Congress at its next session. Mr. SPRINGER. I trust unanimous consent will be given. [Cries of "No I"" No!"] No objection was made. Mr. RANDALL. That is letting the cat out of the bag. The SPEAKER pro tempore. Is it the will of the House that further Mr. GARFIELD. Wha,t I have suggested answers the objection proceedings in this matter be dispensed with f The Chair hears no which my friends on the other side have raised to the postponement objection, and the yeaa and n'l.ys will not be called. The report of of this investigation until next session, that sufficient time will not the committee will now be read. be allowed. The Clerk read the report, as follows : Mr. RANDALL. That shows the cat under the meal. The Committee on Military Affairs, t-o whom was referred, on March 9, 1876, the Mr. GARFIELD. I do not hesitate to say flatly and squarely that following resolution, tresent session to make a satisfactory inquiry into these matters ; nor they believe such examination practicable except through subcommittees, who during a great part of that time I sat on one of these investigating shall be authorized to visit the several homes, and, by personal examination as well comnnttees; and after seeing the efforts that are made-not by mem- as by other evidence, fully investigate their management. Your committee there- bers of the committees, but by the slanderous craatures that come fore aak that authority be confen·ecl upon them to continue their investigations dur- vacation; that they be authorized to send subcommittees-to the several homes around an investigating committee and prompt and suggest the way ing ana inquire into and report upon their management and oontrol, and what r eforma- by which innocent men's names sha.ll figure to their dililcredit and tion in the same is practicabfe, and report upon the same: The committee there- distress, as is well described by the poet: fore aBk the adoption of the following resolution: "Raolved, That the Committee on Military Affairs be, and they are hereby, au- 'Twas slander filled her mouth with lying words, thorized to continue their investigations into the management and control of the Slander, the foulest whelp of sin. Th man National Home for Disabled Volunteer Soldiers during the vacation of Congress, In whom this spirit entered was undone. and to ascertain what reforms in the same are necessary, and that said committ.ee His tongue wn.s set on fire of hell, his heart be authorized to make such investigations through subcommittees, who may visit Was black as de.'\th, his legs were faint with haste said homes; and that such subcommittees be authorized to send for persons and To propagate the lie his soul had framed. papers, administer oaths, and do all such other acts as may be necessary for a frill His pillow was the peace of families :tncl complete inquiry into the management and control of said homes, and make Destroyed, the sigh of innocence reproached, due report of the same." :Broken friendships, and the strife of brotherhoods. Yet did he spare his sleep, and hear the clock Mr. BANKS. Wa.s unanimous consent asked of the House that this Number the midnight watches, on his bed, report shonld be received' Devising mischiill: .more; and earlv rose, And made most hellish meals pf good men's names. The SPEAKER pro tempore. It has been gtven. 1876. OONGRESSION.AL RECORD-HOUSE. 5467 Mr. McCRARY. I hope the Chair will state the conditions on Mr. CONGER. I object to its being printed in the REcoRD unleas which it has been given, so that there may be no mistake as to it here- it is read in the House. after. Mr. SPRINGER. Then let it be read. :Mr. BANKS. Was unanimous consent given that the committee Mr. BANKS. It is a question for the House to determine whether l!!hould have the privilege of reporting this resolution T it shall be read or not. The SPEAKER pro tempore. Jt ·was; and that upon applications Mr. WILSON, of Iowa. Does the report present any resolution for made both upon the right and left of the Chn.ir. The Chair then put action f · the question if there was objection, and no objection was made by the The SPEAKER pro tempore. The Chair understands that it does. House; and the report therefore comes in by the unanimous consent Mr. KASSON. I ask that the resolution :1ecompanying -~~he report of the House. · be read, so that we may understand what we are called to vote upon. Mr. RANDALL. Without waiving the respective rights on either The SPEAKER pro tentpore. The Clerk will read the joint resolu· side of the House t tion recommended by the committee. The SPEAKER pro tmnpore. No rights whatever are waived; the The Clerk read as follows: House simply by unanimous consent received the report and waived .Joint resolution in reference to the payment of awards of the Venezuelan mixed the previous proceedings. commission. Mr. GARFIELD. I understood the gentleman from Pennsylvania Resolved by the Senate and HoUIJe of Representatives, tic., That the President of the to say tha.t there was no other investigating committee that wished ment of Venezuela on lWCOnnt of the withhold United States ia hereby requested to further demands upon the Govern- awards of the mixed commission under the this privilege. · convention of April25,1866, until the 4th of March, 1877; and the Sec.ret.a.ry of State Mr. McCRARY. I wish it to be distinctly understood that no con- is authorized 11.nd directed to suspend all further paymenta to holders of certicate.os struction of the role has been given an..d that no right haB been waived. awarded by said mixed commission until said time, unless Congress shall otherwise Mr. SPRINGER. No right has been waived by either side. direct. The SPEAKER pro tempore. No right has been waived by either Mr. SPRINGER. It will take about forty-five minutes to read this side. report. If the House will n.How it to be printed in the RECORD Mr. HALE. The gentleman from Pennsylvania, [Mr. RANDALL,] without being read, I Will make a brief explanation which will ena- the chairman of the Committee on Approprjations, intimated, as I ble gentlemen to act intelligent,ly upon the joint resolution. have no doubt he did in good faith, that there was no other investi- Mr. KASSON. Does the gentleman·propose to have the joint reso· gating committee that would ask this privilege. lution acted upon to-day t Mr. RANDALL. I said what was true so far as my knowledge Mr. SPRINGER. I do. goes ; I am not apprised that any other committee wish the privilege Mr. KASSON. Then what useful purpose will be accomplished, so of sitting during the recess. far as the members of this House a.re concerned, by having !;his report Mr. TERRY. I suppose any application of that kind must stand printed in the RECORD t No one will be able to see it before to upon its own merits f morrow. • The SPEAKER pro tempore. Certainly. Mr. SPRINGER. I want the reasons of the committee to go with Mr. HALE. There is no waiving of any right. the joint resolution a.nd the action of the House upon it. Mr. RANDALL. And whenever any othercommitteecomes in and Mr. KASSON. This report has already been ordered to be printed Mks this privilege it will be for the House to determine whether they as a document. The gentlema.n knows tha.t we have often objected will grant that privilege, and if gentlemen opposite choo~ they can to encumbering the RECORD unnecessarily by the printing of docu- resort to the parliamentary mode of filibustering to defeat it. ments. There can be no reason for prmting this report in the RECORD, Mr. CONGER. I understood the gentleman from Pennsylvania if we are to act on this joint resolution now. [Mr. RANDALL] to state distinctly to the House that no other com- Mr. SPRINGER. I will ask if there is objection to having this mittee would ask this privilege t report printed in the RECORD without being ren.d f Mr. COX. I object to further debate. Mr. CONGER. I object. The SPEAKER pro tentpm·e. The Chair must insist that any fur- Mr. SPRIXGER. Then I will ask that the report be read. ther discussion of this matter is out of order. What the gentleman The SPEAKER p1·o tmnpore. 'l'he gentleman from Illinois [Mr. from Pennsylvania; has said has been recorded as well as whaij other SPRINGER] having the floor, is entitled to have the report read gentlemen have said. Mr. KASSON. As a portion of his remarks, to come out of his time. Mr. RANDALL. What I have said is on record. The SPEAKER pro tempore. Certainly ; it will come out of his The question was taken upon agreeing to the report, and it was time. agreed to. ENROLLED BILL SIGNED. Mr. TERRY moved to reconsider the vote by which the resolution was adopted ; and also moved that the motion to reconsider be laid reported that they hadIndiana, Mr. HAMILTON, of from the Committee on Enrolled Bills, examined and fotmd truly enrolled a bill of on the ta.ble. · The .latter motion was a.greed to. the following title; when the SpeMer vro tempore signed the sa.me : Mr. GARFIELD. I demand the regular order of business. An n.ct (H.R.No.4087) to continue the provisions of an act entitled "An act to provide temporarily for the expenditures of the Govern- MESSAGE FROM THE PRESIDENT. ment." A message from the President of the United States was communi- MESSAGE FROM THE SENATE. cated to the House, by Mr. U.S. GRANT,jr., his Private Secretary, who A message from the Senate, by Mr. SYMPSON, one of their clerks, also informed the House that the President had approved bills of the informed the House that the Senate had passed a joint resolution, in following titles: · which the concurrence of the House was requested, of the following An act (H. R. No. 3963) to amend subsections 246 and 251 of section titles: 12 of an act entitled "An act making appropriatio~ for the 8ervice A joint resolution (S. No. 24) providing for the postponement of the ' of the Post-Office Department for the :fiscal year ending June 30, publication of the .Army Regulations. 1875, and for othor purposes," approved June 23, 1874, and for other purposes, and section 3954 of the Revised Statutes; and THE VENEZUELAN MIXED COMMISSION. An act (H. R. No. 3625) providing for the sale of the Osage ceded The House then resumed the consideration of the report of the lands in Kansas to actual settlers. Committee on Foreign Affairs in relation to the Venezuelan 'mixed MESSAGE FROM THE SENATE. commission, and the Clerk began the reading of the report. At the expiration of one hour, the reading of the report not having Amessage from the Senate, by Mr. SYMPSON, one of their clerks, an- been concluded, nounced that tbe Senate had passed a bill (S. No. 408) for the relief The SPEAKER pro tempore, (Mr. WILSON, of Iowa, in the chair,) of Thomas F. Azpell, of the United States .Army; in which he was said: The time of the gentleman from illinois [Mr. SPRINGER] has directed to ask the concurrence of the House. expired. THE VENEZUELAN MIXED COMMISSION. :Mr. MONROE. As it is desirable that the reading of this report Mr. SPRINGER. I rise to a privileged report. I submit a report shaH be completed at· this time, I will nQw claim the floor and yield from the Committee on Foreign Affairs relative to the Venezuelan sufficient of my time to enable the Clerk to conclude the reading of mixed claims commission. the report. Mr. PAGE. Is it a unanimous report f . . The Clerk resumed and concluded the ren.ding of the report, which Mr. SPRINGER. The recommendation of the committee to the was as follows : effect that thejoirit resolution which accompanies the report shall be The Committee on Foreign Affairs, to whom was referred the message of the passed is the unanimous report of the committee, but all the conclu- President of the United States, with accompanying correspondence, relatmg to the Venezuelan mixed commission, and also sundry memorials OD, that subject, having sions and arguments of the committee are not agreed to by all the had the same under consideration, have directed me to submit the following re- committee. I will state, however, that the dissenting opinion of the minority of the committee is attached to the report of the majority. I po~~vious to the year 1866 claims of American citizens against the Republic of Venezuela had been filed in the American legation at Caracas with the view of hav- desire that the report shall be either read to the House or printed in ing them presented to the Venezuelan government lor payment. Owing to the dis- the RECORD. turbed condition of that government and ita financial em oarrassments, these claims )fr. CONGER. Have the minority submitted their views f . had been disregarded. With the view of ha.ving all olaims of Americnn citizens Mr. SPRINGER. They are appended to the report. against that republic adjudicated, a treaty was entered into between Venezuela The SPEAKER pro tempore. Unless there be objection, the report and the United States, .April 25, 1866, which treat.y ia set forth at length in there- port of the e\ridence herewith transmitted. By the terms of this treaty all claims . will be printed in the RECO.RD. on the part of American citizens upon the gpvernment of Venezuela were to be 5468 CONGRESSIONAL R.ECORD-HOUSE. .A.UGUST 11, submitted for examination and decision to a mixed commission, consisting of two evidence, page 35,) says, "The Russian minister who appointed Machaclo in Wash- persons, one of whom was to be appointed by tho Government of the Unit-ed States ington without knowing him, and the goveupnents oP. th:tt and of this republic and the other by Venezuela. The commissioners were authorized to appoint an which accepted him as such third, and as judge of lnst a:ppeal, wore deceived, anll umpire, and in case of their disagreement the selection was to be made by the dip- that which is called a sentence is only the frUit of this fraud, and the treaty al o lomatic reurt>sentntive either of ~witzerland or of Russia in 'Vashington. It was was defrauded by which both governments agreed to submit to an arbitration, and further provided that as soon as the umpire was appointed the com:.nissioners were to a third, in case of disagreement, the settlement of these claims." to proceed without delay t~ examine the claims which may have been present.ed to There hn.s been much drscussion on this subject in the diplomatic correspondence them, and were required to hear one person in behalf of e:wh government on each bot-ween the two govemments, and your committee have not thoul!ht it ncces ary separate claim. In case of agreement by the commissioners they were to i sue cer- to pass upon it at this time. It is sufficient for this inquiry that tho Veneznda.u ti.ticates of their award; but in case the commissioners could not agree, tho points government insists that n. fraud was perpetrated in this re pect, while our Gov- of difference were to be referred to the umpire, before whom each of the commis- ernment has insisted that the appointment was regular and fairly made. sioners was to be heard and whose decision was to be final It was further pro- Thomas N. Stilwell, of Indiana, havin~ been appointed United States minister to vided that the commission should terminate it.'l labors in twelve months from the Venezuela., a.nived in Carac-as in Decemoer, 1867. There went with llim William date of its orgn.uization, except that thirty days' extension might be given to issue P. Murray, his brother-in-law, who waH attorney for certain claimants who ocla.ims certificates, if necessary, on the decjsion of the umpire in the cases referred to him. were to be presented to the mixed commission. Mr. Murray, according to the. The last and fifth article of the treaty provided that "the decisions of this com- representations of persons who were in Caracas at the time, was variously desig- mission and those (in case there may he any) of the um_:pire shall be final and con- nated as attorney for claimants and secretary of the American legation. clusive ns to all pending claims at the date of their mstallation. Claims which Mr. Stilwtll and Mr. Talmage, however, both deny that Mr. Murray ever acted shall not be presented within tho twelve mo:1ths herein prescribed \vi11 be disre- in the latter capacity; but Mr. ¥uiioz y Castro states 1hat Murray was represent- garded by both governments and considered invalid." ed to his government as such. In pursuance of this convention, our Government appointed David M. Talmage, All claims, before being presented to tbe commission for its adjudication, wero of the Slate of New York, as commissioner on the part of the United States, :Jlld required to be filed in the .American le~ration. Vt>uezuela appoinwd, first, Antonio Guzman-Blanco, then commander-in-chief of M.r . MUITay went out ostensibly as the attorney of Beales, Nobles & Garrison, the Venezuelan forces, and now President of that country. Commissioner Guz- but ~lfterward became tho attomoy of a number of tho other clrumants. liis iees man-Blanco became dissatisfied on the choice of an umpire and resigned, and Fran- for his profe sional services in theso cases were modestly fixed at. one-hnlf of the cisco Cond(l was named in his stead. But he resigned before proceeding fur in the sums to be awarded by the commission, except in a. few cases. This al]){)unt of per- examination of claims, for reasons which will be hereafter stat-ed, and finally Jose centage will be regarded as especially exorbitant when it is consitlored that no at- Gregorio Villafane was appointed commissioner, and sat throughout the commis- torney was permitted to appear before the commission in any ca.se; that. all claims sion a.s such. Mr. Talmage was appointed commissioner on the 20th day of July, to be present-ed to the commission were tiled, together with the proofs, in tho Amer- 1867, and two days afterward sailed for Caracas, where he arrived about th& 3d of ican l egation; and that aU the professional services that could be requirOll of an August there:tfter. The appointment of umpire was not finally made until the attorney in Caracas were the transmission of papers from the American legation to 27th of February, 1868, and his appointment was confirmed by the commission on the commission, which sat in the same city, if not in the same building. The wl.wle the 18th of April, 1868, which time is to be considered as the aate of tho organ.ir.a- amount of awards in claims which Mr. Murray represented, as appears from biB tion of the commission. This date must be borne in mind from tho fact that the st:Jtement before the Committee on Foreign Afthlrs of the Forty-first Con~ress, was commission. was to conclude its labors in twelve mouths aft-er its organization by $851,000, being about two-thirds of the aggregat-e a.mount of aU claims allowed by the terms of the treaty. But, contrary to the provisions of the treaty, the com- the commission and the umpire. Tho otl.ior claimants not represented by Mr. Mur- mission concluded its labors abruptly on the 5th day of August, 1868, having been ray, as appears from the list of the awards published in the evidence here, were in session from the time of the appointment of tho umpire and Ha complete or- represented by Mr. Talmage himself1.so far a.'! the services of an attorney in Cat~­ ganization only three months and m_::;hteen days. It is due, however, to the com- acas were required. (See power of atroruey of Whiton to Talma.ge.) mission to state that it construed tne date of its organization to be the time at It is char:;red by the government of Venezuela that Mr. Murray openly boasted which Commissioners Guzman-Blanco and Talmage met and exchanged powers on that he had a. monopoly of influence iu tho presentation of claims and their allow- the 30th of August, 1867, :md proceeded to the dection of a secretary and t~ con- ance by the commission; a.nd while the statement is indignantly denied by Mr. sult as to the appointment of an umpire. Even conceding this to be the date of MuiTay, yet the record shows tha.t no claims were allowed by the commission ex- "its organization, then the final adjournment was twenty-five days before the e.xrn-a- cept those which were represented by Mr. .Murray ancl Mr. Tnlma~e. as attorney ti.on oi the year during which the commission was to sit. This is important, from or attorney in f:wt, except, perhnps, the small claim of Mr. Lorenzo H. Finn, for the fact that two claims, a:;rgregating over half a million of dollars, were ignored, $10,000. Whether be was .requiretl to divide or not does not appear in the record. or not passed upon, on their merits, on II,CCOunt of the hasty departure of the Ameri- It also a.p pears from the evidence of Mr. Mackie, attorney for William JI. Aspin- can commissioner to the United ~tates and the termination of the sittings. Secre- wall, :md Mr. Woodruff, attorney for himself aml Flanal?an, llr:1.illey & Clark, that tary Seward, in. a letter printed in the inclosed testimony, construed the date of these claimants refused the exaction of one-half demanoed of them, and that thei.r the organization to be the date of the confirmation of the appointment of tho umpire. claims were not allowed, although they amounted to about half n, million clollarR, ·The commission naving adjourned on the 5th of August, 1 68, when less than were in no W!.l.Y t::rlntecl with fraud, and bad every evidence of merit and genuint>ness. four·montlts bad been devoted to the consideration of the cTnims for tho adjudica- The conduct of Minister Stilwell in the premises deserves special mention. When tion of which it bad been created, thereby violatin~ one of the provisions of tl1e he was addressed by Mr. Woodruff, in a letter transmitted to the le!!ation tho claims treaty, this of itself is a strong ground for the scttmg aside of the awards, on uc- represented by Woodruff. Mr. Stilwell advised the appointment of an attorMy to c~>unt of the failure of the commission to consider, on their merits, important represent him ( Woodrufl') in Caracas, while be must have known that, under the claims pt>nding at the time of its adjournment. 'l'hese claims were t.hose of Will- rules established by the commission, no attorney was allowed to appear before it in iam H. Aspinwall, FlaniJigan, Brailley & Clark, and Henry Woodruff, of New bebalf of any claimant. York. It IB· also to be remarked that claimants, through their counsel, had been Mr. Stilwell was not confirmed as minister, and he retu~ed to the United States reterred to a friend of the .American commissioner, 'Ialmage, who demanded one- some time in the month of June, 1868. half of them for the nominal service of presenting them to tho commission, which It appears from the e-ddence of Ron. MILTON S. RoBINSON, a member of this proposition was refused. ConsiL1crin~ the equal division of the claims that were House from the State of Indiana, (page 115,) that Stilwell died in 1874; that at the allowed between outside parties,-and that the claimants who refused to divide were time of his appointment as minister to Caracas he was wholly insolvent, ana had uo ignored, wo ha.Ye a Iight to infer that the commission failed to pass upon these means whatever that he could have invested in the certificates awarded by said claims by reason of the fact that the claimants declined to submit to the eXtortion commission. But in the settlement of his estate and in windin~r up the affairs of demanded bf the favorites of Mr. Talmage. It is also worthy of consideration the nationnl bank iu Anderson, Indiana, it appeared that Stilwell bad overdrawn that the Aspmwall and Wooliruff claims, which were ignored, have every evidence his account in that bank, of which lle was the pre ident, to the amount of $150,000, of honesty and genuineness, if not of positi\e merit. The Aspinwall c1aims were and that he bad deposited with the bank as collateral security for bis overdrnfts not disputed by the government of Venezuela, being the bonds of that government $80,400 in the Venezuelan certificares issued to claimants by thiR mixed commission. duly executed in pursuance of law, and the only question that could have been It also appears from Mr. ROBINSON's testimony that Stilwell received this large raised upon them was whetberthey were international and were properly cognizable amount of certificates in consideration of the influence that be used as minister 1n by this tribunal TheWoodruff claims were for property confiscated by tho govern- procuring tho allowance of claims brfore the commission, aUf! that ho received one- mont of Venezuela and appropriated to its own use, and weretheidenticalclaimsfor fifth of the amounts exacted by Mr. Murray from claimants before that commission. the adjudication of which the mixed commission was created; but upon examina- The amount of claims represented by Murrny and :illowed to his oliunt was tion it appears that tho claims that were actually allowed by Cominissioner Tal- $851,000. Half of this, or Murray's proportion thereof, assuming that he rect>ived mage and the umpire, as will hereaft-er be speci.tlcally point-ed out, were in many 50 per cent. on an average of the claims be repro en ted, would be $425,500. One- cases greatly exaggerated in amounts, and in others devoid of merit and tainted fifth of this, Stillwell's interest, would llo $85,100. It appears from tho evidence of with fraud. Mr. Ortli that he received $3,000 or $4,000 iu these certifica.tes from Mr. Stilwell for · It is.aomewhat remarkable that the American commissioner, whose duty it wns his professional services, as Stilwell's attorne.v, in procurin:; favorable le~islatinn to pass upon international claims, involving large sl1Ins of money and intricate by GoJ?zres. on tho snbiect of these awar·ds. 'rho amount~ tnerefore,. deposited lly questions of international law, as well as questions rela.tin~ to the construction of Mr. Stilwell in his bank, as collateral security for his overdra.ft.s, to wit, $a0,400, is contracts, statutes, and treaties, should have been a man n.aving no leg-al qualifi. easily accounted for in view of all the testimony in tho case. cations, selected without reference to the duties devolvin~ upon him. lt appears The conduct of Commissioner Talmage in reference to tho claim of Jacob Idler that he, at the time of his appointment, was a coal-broker m the city of New York, deserves a special mention in this connection. It appears from t.he papers on tile and that he had been en~ged in the construction of gas-works in the city of Cara- in the Department of State that the Idler claimants appointed William H . Whiton, cas, Venezue1't; ·that henad ha.d.litigation in Caracas, growing out of his contract of New York, as. their attorney, and that Wlliton was to retain ono·t!Jird of a.ll tile there, and was about to return to that country on his private business when he be- amounts received by him for his services. Mr. Whiton was not a la.wyer, but rep- came tho recipient of the appointment of commi sioner. His own evidence before resented himself to the attorney of Mr. A.'! pin wall as possessin1; "peculiar facili- your committee shows that he was utterly devoid of qualifications necessary ton. lies" for having claims allowed by that commil'! ion. Mr. Whiton did not ~o to proper dischaJ'~e of his duties, aml that he was ignorant of the simplest and com- Caracas, but placed the claims represented by him in the hands of Cornmi s10ner monest principles of Jaw. His conduct in rt>ference to the appointment of nmpire Talmage, giving him a special power of attorney to withdraw from the commis. ion cannot be explained exct>pt upon the theory that no person sl10ulll receive this :J,p- and receipt for all claims awarded to the Idler parties. The power of attorney pointment except one of his own choosing. He first endeavored tohave::.ppoi.nted contains the following provi ion in addition to that above mentioned, namely: Mr. Rolandus, consul of the Netherlands at Caracas, This appointment was resisted ''Be it known, aJld l!lOW all men by i hese presents, that I, William llenry Whi- by the Venezuelan commissioner, (Blanco.) In subsequent proceedings of the com- ton, of No. 111 Fulton street, New York, Unit-ed States of .America, for value re- mission it appears that. Roland us was interested in a largo claim amonntin~ to ceived, have made, constituted, and appointed, irrevocable, and by the.'le present'! nearly half a million of dollars, which it was intended should be brought before do hereby make, constitute and appoint, the Ron. David M. Talmage. of the town the commission for its adjudication. The claim was afterward presented to tho of Flushing, Queens Connty, New York, United States of America, (Unitoo StateR commission by Mr. W.P. Murray and was rejected. Commissioner Guzma.n-Blan- commissioner upon said mixed commission in Venezuela,) my tme and lawful at~ co, under instructions from his government, proposed to Commissioner Talmage torney, irrevoc~ble, for me and in my name and stead to ask a.nd receive from tho as umpire either of the resident ministers of England, France, Spain, or Brazil, then said mixed commission, the government of Venezuela, or Hie United St;.1tcs Gov- in Camcas. This proposition was incUgnanUy rejected by Talmage, anfl the ap- ernment, all :md e>ery suoh award, certificate, or certificates as may be awarded, pointment of Rolansion, and which as will hereafter appear, bad little or no ment mIt. Consid- Miller in the city of New York a year after the outrage, when be complame(l of ering the fact that' Mr. Talma.~e was acting in the double capacity of judge .and bruises and injuries received at the hands of Malansini, and declared t~at he had attorney, and the further fact mat after his return to this country, as app~ars by hover recovered from those injuries. Upon such hearsay and ex parte.eVIuen~etbe the evidence of Mr. Orth, be was the owner to a large amount of the certificates claim was allowed. The amount awarded was not large, yet the utter msuffimency awarded to this commission, his conduct is such as to taint the award in tho claim of the evidence in the case, and the further fact that it was a mere case o£ as_arut with fraud, and this of itself is a su:ft!.cient reason f~r the setting !lside of th~ find- and battery between a citizen of one country and that of another, should h~ve pre- ings of the commission and the granting of a rebearmg of the cla1ms. cluded its consideration. That such a. claim should become a proper subJect for But this is not all. Soon after Mr. Talmage's return to the United States after international arbitration seems to your committee the height of absurdity. . the adjournment of the com~ssion, h.e continued~ ~ct as the attorney of the Idler claimants for the purpose of procurlD~ a recogn1tion by the (}{)vernment of the CLAIM OF .URS. WILLET. United St~tes of the validity of the findings of the commission; and, as such attor- Second. The claim of Clementia Ramirez de Willet ·deserves especial mention. ney he states in his own evidence that he rec~i ved from them in aml about bis at-. This claim was a(ljudicated by the authorities of the Venezuelan government in tention to their claim at Washington and to vindicate the integrity of the commis- 1863: with the full assent of the claimants, and the whole amount of damages sus- sion the sum of nea.rly 15,000. Notwithstanding be wa~ the paid att{).rney of !hese tain:xt by Willet was fixed at $6,698.66. Of this amount, $1,231 were paid at the parties he appended to his statement before the Comnuttee on Foreign Affa1rs of time and a warrant on the treasury was issued for the balance. This treasury war- the Ho~se of Representatives in April, 1870, an affidavit duly sworn to and sub- rant: remaining outstan~g and UDJ.>aid at the time of t.be org~ization o~ the m~ed scribed, as follows : commission and Mrs. W1llet, the Widow of the deceased cl:i1mant, bavmg applied "I bave written the foregoing voluntarily from conside~ations of public policy, to Minister Stilwell for his good offices in her behalf, his brother-in-law, Murray, and now proceed to make oath as to the statements therem made, that claimants appears on the scene as attorney for the claimant. After t:tking a po~er of attpr- may have the benefit thereof a~ 3:gainst the government of Venezuela seeking to set ne:v from her in which two-fifths of the amount to be awarded was to mure to him, aside the awards of the commission." This solemn statement made as he avers, «voluntarily from considerations of Mr. Mun-ay prepare,791.07. tuted. The admission by Mr. Talmage that be was under P!"Y of th.e Idler claim- Commis ioner Talmage gravely considered ~s i~port-an.t case, ll!ld held that suf- ants was not made at that time, and was only drawn from hrm on h1s cross-exam- ficient proof was wanting as to $1,415.38 of this claim, :md deducting that amount ination by your committee on the 23d of June last. allowed to the claimant $149,375.60. The umpire, in the exercise of his judicial dis- Mr. Talmao-e appeared before your committee on ·t he 22d of June, 1876, and sub- cretion, had further doubts as to sumlry items in this bip., and hence r~du~d the mitted a statement of his connection with the mixed commission. A telegram bad awaro~untary, as ~e ~ad not.been mercantile p~suits had not the war interrupted his business and the troops occu- served or officially notified to appear before your committee. While m thtt mty of pied his store-bouse for a ba~(_l'ks. The _b~ for estiJ?ating the~e profits was 1t Washington, on the 2'2d of. Jnne, the day o! hi~ ex;amina~on, be_w~ serv~d. by~ summons issued from the district court of tho D1Stnct of Columb;a m a srut msti- tuted abain~t him in that court. Upon his return to New York City, Mr. Talmage appeared before a commissioner authorized to administer oaths and take acknoWi- per cent. per month on the Vl wnary capital mvestetl m the busmess. Another item in the case amounting: to $5,467.66, the .only meritorious part o~ tbe w~ole claim beinu the amount of the treasury warrant, was allowed to the ch1mant w1th-. .. out 0::akin.7 any deduction on this account from the aggregate losses, which om- edgillents for the District of Columbia in that city, aml made oa.tb that he was in braced it afso; the effect of which wa.s that the claimant, conceding the justice of attendanc.e before the Committee on Foreign Affa1rs of the House of Representa- her clainl, was paid this amount twice. tives of the Unitell States as a witness under subpoona at the time he was served But this was too small a matter to arrest the attention of either Commisaioner with a process in .that case, and ~'tt h~ bad ~o other or f.urther business iJ;t the Talma(J'e or the umpire. The items upon which this claim was allowed, the clecis- District of Columbia except as a Witness m obedience to s:ud subpoona. This af- ion of Commissioner Villafane thereon, and an able expose of the fraud by Mr. Paul, fida;vit, too-ether with his plea to jurisdiction of the court, will be found in the the charrre d'affaires of Venezuela, will appear in the printed evidence. Notwith- printed evfdence in tbis case. standing"'the fact that Murray was present in Caracas from the organization of ~he Tbis 'fact is stated for the purpose of showing that Mr. Talmage has no regard commission until its adjournment, .he ha'~Z returned to the Umtml States "":Ith whatever for the solemnity of an oath. Mr. Talmage's examination was not con- Talmacre, yeti t was necessary for bi!fi t:o g1ve Talmage a power of a.t~rney to with- cluded on the 22d, but continuerl by your committee to be resumed on the follow- draw t'lie certificates from the comnuss1on. There can he but one rational e.:x:pl:ula· ing day. Without the consent of the committee, or without bavin_g been discharged tion of this proceeding. and that is that Talmage was himself interested m the from further attendance, he left the city for New York1 having that night addressed award, and that be required this authority in order that his share might be retained a letter to a member of the committee stating in suostance that he had volunta- by him. rily appeared before the committee and, desiring to refresh his memory in refer- ence to the facts concerning which be was interrogated by th~ examination of pa- CLAIMS OF BEALES, NOBLES & GARlUSON. pers in his possession in New York, be bad returned to that mty for that purpose, Third. The next case to which your committee would direct attention is the claim anoona for his appearance was issued. This subprena. was returned :whatever to bind tha~ government. Pae~ was a dictator who ~ver~e'y for a fe~ July' 25 with thlS indorsement by the deputy sergeant-at-arms in New York: months the constitutional government of VeDj:lzuela, antl durmg lus dwt.'ltorsblp "Have been unable to find Mr. D. M. Talmage. Is said to have gone to Washing- caused the contracts in question to be executed. His revolutionary government ton en route for San Francisco." But be lia~ not reported to your committee. was overthrown on the 22d day ?f A;pril, 1863, in less than a year fr'?m ~ts pr~~nded These facts are stated for the purpose of showing that your committee has institution, and upon the constitutional government resummg a~.am 1ts legitlDlate oftered every facility to Mr. Talmao-e and others interested With him to appear be- functions the contracts in question were annulled, as well as ~ ot_her acts of I he fore the committee and vindicate ilieir conduct. In view of all the fact.s above set dictat{)rial government. The Beales contracts were annulled Within two months forth in reference· to Commissioper Talmarre, your committee are of the opinion after their execution. The:v were executed inKew Yor~ by the Venezuelan consul, that his conduct has been such as to bring discredit upon the Government and to on the 1st and 5th days of May, 1863. which was actually eigb~ days aftel' the Paez subject hlm and all concerned with him to the unqualifi6(l disapprobation of tbis ~overnment bad been overthrown. Hence they were utterly vmd for want of au I bor· Hou~o. and to call for prompt action on the part of Congress, disavowing all their acts and making that prompt reparation wh1ch is required in tbe premises in order Ity to execute them. The Prs of cultivating cotton." This contract was to run for ten years, a.ud the clarmants that were before the commission are on file in th~ State Department, and a careful were to have large tracts of land t{) be bestowed upon th~ el:J!igrants, aml the ri_ght 6xamination of them has been made, with the following result: · to claim $25 per capita from the government on each enul!l'ant. .A?d as a. fw1ller CL.AD1 OF W. E . ¥ILLER. inducement to emigration, tho government of Venezuela .was to P,Ve annually. as many tons of guano as mi_gbt be equal to the tonnage of ships carrymg twenty-five First. wiruam E. Miller, claiming to be a citizen· of the United States, filed a or more emi!n:ants. It will be seen that by the terms of these two con1JI-acts the claim before the mixed commission amounting to 20,000. This claim grew out of amount of the subsidy, although fixed at a nominal sum in each case, d epenlled en- an a!Ssa.ult and battery upon Miller, as is alleged, by one Malansini, in the city of th·ely upon the amount. of business transacted by the sh~ps and the number of emi- Caracas, in the month of April, 1864. Miller's petition, not sworn to, however, grants brouuht into the country. If there were. no ships employeu. there would claimed "'W,OOO on account of the assault an commission to be ments was concerned, was held to have no ment whatever. But Captain Clark's composed of two arbitrators to be chosen, one by the government of Venezuela, heirs came before the Venezuelan mixed commissiOn in 1868 and presented their and who shall be one of the ministers of the supreme court of the republic, and claim against Venezuela for the proportion which that government had a~sum&l of the other to be selected by the company, [Beales & Nobles;] and if the arbitrators tho liabilities of the republic of Colombia. Commissioner Talmage and the umpir·e should not a!.ITee they shall select a third as an umpire; and if they should not recognized the validity of Captain Clark's claim a§aainst Venezuela and awarded agree upon an umpire. he shall be named by the minister or representative of l:)pain in Caracas. Should there be no representative of Spain, then he shall be him the sum of t02,00U. Either the decisions of ir Frederick Bruce and Mr. B.a.ssaurek in the cases against New Granada. and Ecuador should be dis1·egarcled appoint~d by the represen~tive of Denmnrk, ~:emen, Holland1 or :Belgium. .And by our Government or else that allowed by the Venezuelan commission a:rainst tbe opinion of the two arbitrators, or the uemsJOn of the umpue, shoulu there be that government should be set aside. The claim is precisely the same in all the one shall be considered as a. judgment issued by authority after due trial, and cases of each government, if liable at all, being liable only for its proportion thereof. shall ba.ve no appeal whatever; and therefore this contract shall never, under any But there is this peculiarity in Captain Clark's claim ae:ainst Venezuela: The pretext or reason whatever, be cause for any international claims or demands." American legation had so often' demanded of Venezuela its payment that in 1853 This provision, incorporated in both contracts, is too plain to admit of any doubt the government of Venezuela ~ceded to Ca_Ptain Clark's demand, and allowell him as to its mea.nin"'. Leaving out of the question altogether the merits of this case the sum of $84,347, payable in four annUAl mstallments, as full indemnity for the -if it can be sai'e year!!,) he withdrew as stated therein, but the question of the annulment of the contra.ot was a different the case from the Venezuelan courts, filed it before the mixed commis, ion, where matter. The umpire sustained this view. Talmage passed upon the claim on its the umpire allowed him to recover. tho sum of ~102, 000. Certificates were issued merits, and, by a rule for estimating the damages for the breach of a contract, which ·by the commission to Clark's heirs for this sum of money, thus paying him again partakes more of the ludicrous than of a. judicial determination, did not hesitate to on account of the Venezuelan porti{>n of his claim. fix the amount to be recovered by the claimants at the enormous sum of $351,150. Your committee are unable to find in the record of Clark's case before the mixed This included the items in schedules "A" and "B," to be found in the printed evi· commission one single element of justice. If the claim bad not already been paid dence save a trifling reduction in the amount which :Beales and Nobles claimed in once, as it had been, the decisions by Sir Frederick Bruce and Mr. Ha saurek in their estimate of their expenses incurred in working np the contract. There was in the cases aaainst New Grauad:~. :l.lld Ecuador, which lay down the rule of la.w no evidence in the case whatever to show the amount of import and export duties which should have governed in the adjudication of the Venezuelan claim, would collected at any time at the port of La. Guaym, nor was there any evidence to show ha.ve excluded Captain Clark's claim from q,favora.ble ad,iuilication before the Ven- the number of immigrants that would probalily be brought to that country. The ezuelan commis ion. In this case a. double fraud has been perpetrated. In the claimants stated in tlieir petition that they believed they could pt'Ocure a. cert.'\in first place, the claim w:~.s unjust, and on that account shoulu not have been paid. number of inlmigrants annually, and upon this "belief," unsupported by evidence In the second place, it had been paid once, and sboulu not have been the basis of of any kind, Commissioner Talmage awarded $30,000 on this account-disregarding another claim. wholly the provision of the contract, which required that the subsilly should be CLADI OF JAOOB IDLER'S HEIRS. paid only from a portion of the duties on imports and exports carried by the claim· Fifth. The largest cbim in amouBt which was awarded by the umpire of the ants' ships and if such duties a.ro insufficient to meet the amount of the subsidy Venezuelan mixed commission was t-hat of the heirs of Jacob Idler, the amount the govern~ent shall not make up the deficit. awarded heinsr 252,fl14. In this case the Idler heirs appointed, by special power Mr. 1.'alma.,.e, in the absence of all proof on this subject, held that claimants of attorney, William H. Whiton, of New York, ns their attorney in fact, whore- were entitled'to the full amount of the subsidy up, to the time of the rendition of ceived one·third of the amount to be awarded for his sen·ices. Mr. Whiton ap. this judgment; and, in the spirit of" comprom1Se, ' generously awarded the sum of pointed Mr. Talmadge his attorney to withdraw from the corumit'sion the certift. $100 000 as the amount"to be recovered by the claimants on account of the unex· cates that might ue issued. The power of att<>rney to Talmage couiained the pired years during which the contract was to rtm. A careful comparison of Com· fnrthe.,.prodswns, which have already been referred to in thiR report, giving him missioner Talmage's written opinion in this case with the petition of the claimants full authority as attorney in the premises. In view of this fact, it is difficnlt to reye.'\ls the rema.rka.bl~ fact ~at a. .large por~ion of the op~on embr~~g prop· con:~ider seriously any decision that he may have made in the case. Tho Idler os1tions of both law and faot, 18 copied 1Jcrbat•,m from the clarmant's petition. The claim grew out of supplies furnished to the olu Colombian coufedet-acy in the year two documents were evidently written by the same person. 1817, aming the war of that republic for indep~'ndcnce. Idler, in his lffe-timo, had • This opinion will be found in the fl'lnted evidence, and the portions of it in instituted a suit in the Venezuelan courts after tho dissolution of tho Colombian brackets· are identical with portions o the claimant's petition. The attorney of confedera{lv, and there had heen allowed him by one decision the sum of 70,520.11. this claim waR William P. Murray, the brother-in-law of Minister Stijwell. The This decision of the court of Venezuela was subsequently reversed, and pending amount of his fees is not stated, but his arrangements with his clients were nn· fmther litigation Idler abandoned his case ; n~lleft ihe country, without prosecut- doubtedly of the most liberal character. His power of attorney authorizes him to ing it to a final hearin~. The government of Venezuela, Idler himself, anu his "distribute portions of such sums aooordin~ to any business arrangements be may herrs re~arded the matter as l<>ng since abandoned. After a lapse of ovPr thirty have made, but strictly within the limits lrud down in the instructions " which had years, the claim was revived on tlio a .~sembling of the Venezuelan mixed commis- been given from time to time. This provision is found in a supplemental power of sion at Caracas. It is worthy of remark, in this connection, that neither this claim attorney which is dated June 22, 1868, about six weeks prior to the final adjourn- nor that of Beales, Nobles & Garrison appeare Idler, was still due and payable to his heirs, t102 000. This claim grew out of Captain Clark's operations in the year 1817 in notwithstanding the decision of that CJurt had been reversed, the cause remanded, tho ~var between the Banda Oriental Republic (Paraguay) and Spain and Portul!al; and litigation in the courts abandoned for over a quarter of a century. But the Captain Clark, an American. citizen, being master of the ship La Fortuna, accepted principal sum would not satisfy Commissioner Talmage in tllis case, acting as he n. commission from the :Banda Orientals, authorizing him to capture and make was in the double capacity of attorney andjudsre. He held that tho claimants were prizes of tha vessels of both Spain and Portugal, governments with which the not only entitled to receive the principal, but $182,29-t as interest, fixing the aggre- Unitud States were at peace. In November, 1818, Captain Clark captured the gate of his award at the enormous sum of $252,81<1. Upon what principle of law or Spanish brig Medea, a.nd afterward captured the Portuguese ship Queen of the equity this case was od Return, Having chosen that forum and the courts ha,r.ing takenjurisiliotion of his case, he and in default ot its payment, the cargo was solU for $26,000, and the money sent to was bound to prosecute his case to the final court of allPeal in that countly. Not Colombia as prize of war. Upon the dissolution of the Columbian confederacy, having done so, it is impossible t<> rletermine whether justice was deniell him or against which Captain Clark had preferred a claim for indemnity, the liabilities of not. It will be seen that this case is set down as ''No. 1 " on the docket. Mr. Tal- that confederation were adjusted so as to be borne in certain proportions by New mage, as attorney for the c 1aimants, appeared before the commission, according · Granada., Venezuela, and Ecuador. Captain Clark renewed his claim against e.'\.Ch to liis own st.'l.tement, and urged this case upon tho immediate consideration of the of these governments, in proportion to their resp~tive liabilities, being about one- Venezuelan conunissioner. Commissioner Com\6 protested, sa.yinsr that he could third to each government. In pursuance of the treaty between the United States not decide a case of so muoh importance in the five da:ys allowed for its considera- tuid tho republic of New Granada, September 10, 1~57, a mixed commission wad tion, and asked for further time. This was refused h1m, whereupon he resigned, crl'ateU to adjudicate claims of American citizens against that republic. The de- and declined to have any further connection with the commission. Mr. Villafan6 cision of the umpire of that commission, on the claim of Captain <.nark, not being having been appointed as his successor, the case went to the umpire, who inno- agreeable to New Granada, another co:r:rvention was conclud&l on the lOth of Feb· cently admitteu that it was too complicated for him to enter into an analysis of its rriary, 1864, with Sir Frederick Bruce as umpire. The claim of Captain Clark was details. He adjudged that the amounts had been estimated correctly and approved again brou~ht before f.h e commission for adjudication, or at least that part of it the decision of the American commissioner. (See diplomatic correapondenco of J. wnich be alleged should be paid by New Granada. J. Paul, charge d'affaires of Venezuela accredited to the United States.) Sir Frederick Bruce held that as the vessels captured by Clark were captured as DRIGGS VS. MARINO. '. prizes under the authority of the Orientai flag, that country alone coulll make the But two other cases remain which were deciued by the umpire, namely, the case claim for indemnity. The claim was therefore rejected. The moiety of Captain of Seth Drig.,.s for denial of justice, for which ho was allowed b y the umpire Clark's claim, growing out of these captures, which fell to the lot of Ecuador, was 35,000, and afso the case of the same for OYercharge of interest, amounting to prescnteu to that government. In November, 1862, a convention was concluded .1,808,000. 'l'he denial of justice.alleged by Mr. Drig~s grew out of his failure to cl'W\ting a mixed commission for the purpose of adjudicating the claims of A~eri· recover a. judgment a.,.a.inst the heirs of ~neral Santiago Marino. The case re- cau citizens aaainst Ecuador. Mr. Frederick Hassa.urek. of Ohio. was appomted mained in the courts for several years, and in 1859 was decided again.'lt Driggs, and commil:lsioncr on tbe part of the United States. In passin.e: upon Cantain Clark's be was condemned to pay the co~ts, which he did. DI'l,!~gs appealed from tlns de. claim, presented against the government of Ecuador, Mr Hassaurek helU- cision, and, without further prosecuting the case, abandoned it, and n.ddres ed him. " That Captain John Clark, not only in what he did, but also in the manner of self to the more easy tribun.a.l for obtaining justice oncler dilliculties, to wit, the doing it, ball violated the laws of his country, whose intervention he invokes in Venezuelan mixell commission. Here he found himself in t,he bouse of his friends. onler to reap the benefit of his piracy, but that he ou~ht not to derive advanta"e The American commissioner and the umpire ha-..--ing determined that he was en- from his own fault., for no one should better his condition through his crimes, he titled to recover against Venezuela what be bad failed to recover against Marino, bavilw matlo hLm~:~elf worthy of being punished and pt·osecutetl as a pirate. That uamoly, a juugment for $3:i,OOO, the case tor overcharge of interest which ho was hill govex;nment coulcl not offer a premium to evil-doers in the viola.tiou of its laws allowed is of so •lmall an amount as not to be worthy of investigation. 1876. CONGRESSIONAL RECORD-HOUSE. ,5471 CONCLUSION. The latter_])art of the first section, beginning with the words" and that the Presi- dent of the United States be, and he is hereby, authorized," &c., and the whole of This resume of the cases decided by the mixed commission embraces all that the second s.ection was stricken out .by the Senate, and the bill as amended passed went before the umpire, and which rested on his decision. The tot'll amount both Houses and was a:pproved February 25, 1873, as follows : awarded by the two commissioners was $459,188.07. The total amount awarded by the umpire was $794,122~ the rotal awards aggregating $1,253,300.07. On a careful ".An act to enforce the stipulations of the convention with Venezuela of April25, examination of each ana e\"ery one of the cases decided by the umpire, your com- 1866, and the payment of adjudicated claims. mittee have failed to discover a. single award which is justified by the law or the "Be it enacted by the Senate and House of Representatives of the United States of .Amer- evidence. Not one of these awards which were adjudged to be paid out of the im- ica in Congress a&sembled, That the adjudication of claims by the convention with poverished resources of that republic, amounting to nearly $800,000, is of such a Venezuela. of April25, 1866, pursuant to the terms of said convention, is hereby character, when the merits of each case is fairly considered and understood. as en- recognized as final and conclusive, and to be held as valid and subsisting against titles it to any consideration whatever. Now that the fmudulentcharacter of these the repuhlic of Venezuela. · claims is exposed, our Government cannot, consistently with national honor and "A.pproved February 25, 1873." that fair dealing which should always characterize the conduct of stronger govern- This act, as it finally passed, was wholly unnecessary, as the treaty itself pro· ments toward weaker ones, insist further upon their payment. But in view of tho vides that the awards of the commission and those of the umpire should be "final fact that these awards were made by a commission in pursuance of a tren.ty between and conclusive." The force clause, which was stricken out by the Senate, was its the two governments, it may be asked whether tho findings ot the commission can chief feature, and was intended as a menace to Venezuela; and was, in effect, a dec- be set aside and a rehearing of tho cases allowed without prejudice ro claimants oc laration of war against that ~overnment. to either of the respective governments. Upon this point the law of nations is well This act is still in force. Having been so radicallf amended in the Senate, its settled. Vattel (page 277) says : ''The faith of tre:tties should be religiously ob- title is much broader than the act. The passage of this act ended all congressional served. If, however, the arbitrators, by pronouncing sentence, evidently unjust action up to the present time. and unreasonable, should forfeit the character with which they were invested, their jnd~ment should deser\"e no attention." DIPLOMATIC CORRESPO!WENCE. This rule i8 clearly applicable to the quMtion under consideration. It is also The diplomatic correspondence between the United States and the government consistent with international honor an.d every principle of justice and equity. of Venezne1'\, since the passage of this act, is printed in the accompanying evi- What could be more " unjust and unreasonable " than the decisions of the umpire dence. On page 35 of the printed evidence will be found a very clear and concise in the cases above referred to 7 The judgment in them should " deserve no atten· statement, by Dr. J. M. Blanco, minister of foreign affairs of Venezuela, to Mr. tion." Russoll, under date of June 11, 1875, in reference to the · present position of Ven- CONGRESSIONAl, ACTION. ezuela on this au bject. Dr. Blanco says : "Can it be that a just government will refuse examination of this cardinal point Since the llodjournment of the mixed commission and the report of its 'Proceed· on the pending question 1 The government of Venezuela. does not believe it. ings to the respective governments, the government of Venezuela has continued to "Venezuela does not repudiate the treaty ; far from it; she sustains it and de- protest against the awards made by the umpire, and through its diplomatic repre- fends its performance. The treaty could not ask, nor either government consent, sentatives has earnestly implored this Government to set aside such awards and that the supposed third, in case of disagreement, should be the representative, at- permit a. rehearing of those cases. Upon the mere suggestion to onr Government torney, personator, and agent of one of the arbitrators. Such abuse of confidenc~. that one or more of our officials connected with an international arbitration should which evidently appears to be the work of Talmage, with insult to the honor of have been actuated by corrupt motives, to the injury, if not to the robbery, of _the both governments, plainly shows the nullity of the process and of the sentence. treasury of another government, it would seem that the most prompt and effiCient "Such being the situation of this disagreeable affair, the government of Vene- measures woulTney, personator, and a~ent of one of the arbitrators. Snch abuse of conihlonce, has been agreed upon by a treaty, but I mean what is in~rinsically which evidently appeara to be tho work of Talmage, with insult to the honor of both governments, plaiuly shows tho nullity of the process and of the sentence. just and right. - Such being the situation of this disagrooauleaffait·, tho go>ernment of Venezuela My friend alluded to another point which is also one of great in- coulll not, without diminntion of its honor anu without stail1 to the dignity of terest. He has great respect for the principle of arbitration. So the republic, consent to the performance of an act spurious, unlawful, and also have I. It is one upon which I have tho.u ght much, and in which I criminal, which takes t.he name of juug;mont and witll which both ~overnments were deceived, aml by which that of the Unitell States of North Amenca. continues feel a deep interest. Some important petitions and papers bearing to be deceived. on the subject the Committee on Foreign Affairs did me the honor For reasons so powerful and because of the inevitable dnties which they impost'!, to refer to myself aB a subcommittee during the present session, and the government of Venezuela. is nut al.lle, nor will it IJe able, to pay to the North American legation the sum depo~ited aml those that will be deposit.ed for the pay- I have failed to report upon them to the committee a.nd through the ment of the legitimate claims of it.s citizens, without insisting that theGovernmcnt committee to the Honse only because I could not find a favorable occa- shall keep them in itfl deposit·, and give a hcal"ing to the cv1dentl.v just claim which sion, or what seemed to mo such, for doing it. I respect the princi- it has "on tho table," tn wit, that of tho former question, whethet· there exists n. ple of arbitration. I am anxious it should gain respect among the judgment by reason of there having existed a competeot tribunal, in performance of the treaty, the observance of wltich is all that tb.e republic requit·es. nations and gain favor. And I hope, even at my time of life, to live to see the day when there shall be much more regard among the Dr. Blanco further says in the dispatch to which I have referred-: great powers of the earth fo.t_the principle of arbitration than there The undersigned cannot but repeat that his government believes it,impossible that ever has been heretofore. the Government of the great Republic of North America will refuse to hear, exam. But, Mr. Speaker, I do not think that it will injure the respect for ine, and discuss tho most just question which till now it goes on keeping out of that principle if a great nation which fears that its citizens may have discussion and out of all examination. '!'his would be in manifest contradiction to the universal and well-deserved con- profited unjustly through fraud by an arbitration to which it was a viction of the enlightenment andjustfce of the native country of Was~ington. party comes forward frankly and offers t,o snspend all claims under such arbitration in order to see that the right thing is done. In view of existing legislation Mr. Fish cannot do otherwise than My own opinion is that there is nothing in the world that could insist upon the payments being made. But can we longer refuse to hurt the estimation in which the principle of arbitration could be listen to the earnest appeal which Venezuela makes to us; an appeal held among the nations more or worse than to enforce unjust awards which is addressed to the" enlightenment and justice of the native of arbitration. And if there is good reason for supposing that there count.ry of W a.shingt.on f " has been fraud at the bottom of an arbitration, I should say that it This appeal is made to us on behalf of a country which has only would not tend to encourage the esteem in which arbitration is heM 363,000 square miles of territory and less than 2,000,00;) of popula- t.o enforce such fraud. On the other hand, I should say that the na- tion; .a government whose navy could not compete with one of our tion which felt that it had profited by the fraud might come forward gunboats. to great advantage and offer to surrender auy advantages which it Venezuela aBserts that under the treaty of 1866 which created might have secured from fraud. How can it hurt the principle of the mixed commission the appointment of the umpire was not the arbitration for the nation which itself believes that it may have appointment ·of Baron Stoeckl, but the appointment of the United profited unrighteously to come forward and offerto surrender the un- States commissioner, made in violation of the terms of the treaty. righteous fruits of a commission which may have been held by it and That government further asserts that the finrlings of the umpire were another nation! tainted with fraud and corruption, and the authorities of Venezuela The moral effect of such a thing on the part of the United States propose to prove it. They assert that the claims allowed by the must be good. It is not Venezuela that is pressing a reconsideration umpire, alllounting to two-thirds 9f all allowed by the commission, of these claims. I think Venezuela. seems to have exhibited about were fraudulent and such as no honest tribunal wou1cl have allowed. as much diligence as she could in trying to meet these claims upon The Committee on Foreign Affi).irs have carefully examined those her from the United States; but the trouble is she ha.s not any money claims and bave stated this conclusion in reference to them: in her treasury, and bas not known how to meet them, although I On a careful examination of ea~h and every one of the cases ded.ded by the um- believe she has several times protested her desire to meet them. For pire, your commilit:ee ha>o failed to discover a single award which is justified by this Cougress1 for this country, for this great power to come forward the law or the evidence. Not one of these awards which were adjudged to be paid out of the impoverished resources of that republic, amounting to nearly $BOO,OOO, and offer to a.o right. and not to take advantao-e o:lf the results of an is of such a ch:uacter, when the merits of each case i,s fairly co.nsidered and und.er· unjust arbitration against a weak and defense1ess n~tion, why, sir, I stood, as entitles it to any consideration whatever. · IV-343 5474 · CONGRESSIONAL RECORD-HOUSE. AUGUST 11, That is the finding of your committee. Now Mr. Fish, in answer to United States in relinquishing the award. And I affirm further that these appeals to our Government, in view of the law on the statute- the United States in relinquishing the award and stopping payment book, could only reply that he could not do otherwise than to insist on the c1aims by the Secretai"y of State, as proposed by the committee on the payment of the awards ; and hence he directed the American of the House until further action shall be had by Congress, ought minister last June to close the American legation at Caracas and not to include also the claims of bolUers of certificates amounting to leave that country unless payment was made in accordance wit.h the $459,000, and admitted by the Venezuelan government to be just demand; and under that threat that government paid $75,000 within claims. ninety days. Such is now the position of the two governments. Mr. SPRINGER. One of the largest of these claimants, whose award I am sorry to say that but a few years ago, during the Forty-second amounts to $150,000, petitions this Congress to re-open this matter for Congres.S, this nation waa almost precipitated into war with that gov- the reason that be was compelled to divide his claim and give one- ernment. This House passed a. bill entitled "A bill to enforce the half Of it to a. ring. stipulations of the convention with Venezuela, April25, 1866, and the Mr. KASSON. I do not see how that affects the logic of the situa- payment of the adjudicatecl claims," which bill, by its terms, re- tion. quired the Government to enforce the payment of these fraudulent Mr. SPRINGER. Is it abstract logic which the gentlem::m desires, claims against the government of Venezuela. or abstract justice f The President was authorized to use such measures as he might Mr. KASSON. I do not know a human being to be connected with deem expedient for this purpose. The Senate amended the bill by any of these claims. I only know what tbe committee reportS, and striking out the force clause, and leaving only that portion of the bill that they propose to stop payment by this resolution on all claims, which recognized the adjudication of the claims as final and conclu- just or unjust. . sive and to be held as final and subsisting against the government [Here the hammer fell.l of Venezuela. And that bill, so amended, passed both Houses and is Mr. KASSON. I ask on1y a few moments more. the law to-day. I think, therefore, when the gentleman from Iowa The SPEAKER pro tempm·e. The gentleman can take the :fLoor, if he [Mr. KASSON] understands fully the facts set forth in the report of likes, in his own right. the committee and the evidence, he will come to the conclusion that Mr. KASSON. I shall occupy a few moments only. Let us suppose our Government can·maintain its honor in no other way than by re- that the British government after the Geneva award should have fusing to require the Venezuelan government to pay these fraudu- cha1·ged one of the arbitrators in that case to be interested in a claim lent claims. And here in my place, with a full knowledge of there- before it, and that claim was a large one, amountinrr to a· million of sponsibility of my position, I state that after t'\xamining carefully dollars, and even t.hat there was fraud in it1 and while it admitted the papers filed .i n the Stat.e Department (and I have examined the that there were jnst claims awarded amotmtmg to $14,000,000 would facts of every case decided by the umpire) I cannot find one which not pay these millions certainly due because of the alleged fraud in has any merit in it. But, on the contrar.v, I find that no honest tri- the other case, ought our Government to have endured that injustice bunal with intelligence could have allowed them. And further, I even from the powerful government of Great Britain T '\Vould her- will say that no honest government would enforce them. position have been equitable Y That is the principle which I am dil:!· In one case a judgment of a quarter of a million of dollars waa al- cussing here. · lowed on what was unquestionably a fraudulent claim. It is impos- That is to say, I want this Government to give assurance to the sible longer to blind our eyes and refuse to consider a question in- government of Venezuela, and I will go with any gentleman to make volving our national honor. By no possible manner of arbitrament that assurance as strong as they wish~ that as soon as Venezuela, bas can a fraud be perpetrated by one Government upon another. These justly complied with the obligations imposed on her by interna- claims are fraudulent, and the records in the office of the Secretary tioua~ law and compa-ct then the Government of the Uuited States of State show them to be such. If any gentleman will take pains to will consider every allegation of fraud that she makes, and will re- examine them he will find them more groundless and fraudulent than tain the money until the investigation is completed. When gentle- I have stated. This being the case, the Committee on Foreign Affairs men say here that Venezuela is a weak government and we are in are unanimous in recommending the passa.~e of the joint resolution danger of war, they know that there is no danger of that character suspending the payment of all claims until, at the next ses!:!ion of at present. If they will look at the history of our relations with the Conrrresi, further legislation can be bad. I hope, then, that mature South American governments, they will find that in the case of al- legislation will be adopted, which will result in doing full justice to most every one of them with which we have had difficulties these this Government and to Venezuela in the premises. have arisen upon this question of payment of their liabilities; be- One word as to t.lJe other question as to what Venezuela has paid cause those governments are dilatory and perpetually putting off the and is willing to pay. It appea.rs tb.at honest claimants have ueen payments upon one ground or another. compelled to divide one-half of their claims with the ring ontside to Mr. MONROE. Wlll the gentleman allow me one moment 1 insure their cases being brought before the commission. The proposition Mr. KASSON. Certainly. now is that these outstanding certificates shall be canceled for that Mr. MONROE. I think the gentleman from Iowa [Mr. KASSO~] rea-son and that the claimants shall receive the amount to which they unintemionally misstates the action of the Venezuelan government in are entitled without being I'equired t1o divide with parties outside, this respect. In t.heparallel case which he presents he supposes that That is the reason why we propose to suspend further demands upon Great Britain will pay a portion but refuse to pay any more. Venezuela and to provide that the Secretary of State shall make no Mr. K.AR.f30N. Or refuse to pay all. further payments until an honest bearing can be bad. Mr. MONROE. The trnth is that Venezuela bas never refused to ,4.nother reason for the proposed action is this : Vattel says that pay any portion of the claims, ei tber just or unjust. On the other "·the faith of treaties should be religiously observed." It is a matt-e r hand, she has expressed her atuiety to pay them all just as fast as of good faith and conscience. A treaty which provides for an arbi- she had any money to do so. The only excuse which she has made tration for the settlement of disputed questions is, of all others, the for not paying promptly has been that sbe had no money, and that most sacred and should be the most reli~iously observed. If the find- such was the condition of her treasury antl of society and trade thore ings of such arbitration are tainted With fraud no jnst government that she could not borrow any. can insist upon the observance of its decisions. Our Government has Mr. KASSON. My friend knows the habit of the Latin nations in recently resorted to the peaceful means of national arbitrament for that respect. I have read Dr. Blanco's letter here. I understand the settlement of a complicated question with England. The result the significance of language as used by the government of Vene- of that arbitration baa been m~t beneficial to our Government, and .zuela. They can always .lind excuses for non-payment by pleading it has established an era of peace which may result in untold bles~­ inability to pay. But that would not excuse that government; it ings to mankind. Let us not, then, sanction a proceeding at this would not excuse our Government from performing a deliberate time which is a libel upon arbitrament, and which, if finally enforced, sti!)nlation of a treaty without better showing of a disposition to pay. would render such peaceful means of settling national disputes im- Mr. MONROE. They have never refused anything, but simply possible so far aa our Government is concerned. begged the privilege of showing evidence of fraud. Mr. KASSON. I hope the gentleman will allow me a few minutes. Mr. HURLBUT. I would like to ask the gentleman from Iowa Mr. SPRINGER. Certainly. [Mr. KA.sso~] or the gentleman frBm Illinois [.Mr. SPRDiGER] to sta.te Mr. KASSON. I think the two gentlemen who have spoken before whether or not it is true that these instal1ments which by treaty t•h e me have each failed to appreciate the :point to which I desire to get government of Venezuela is to pay one installment upon the whole the a.ttention of the House. Especially my honoraule friend from amount, and cover the bad claims as well as the good f · Ohio [Mr. MoNROE] fails. He claims that before the United States .Mr. SPRINGER. That is t1·ue. shall receive the amount of these adjusted c1aims adjudicated to be Mr. KASSON. That is understood; they cover the bad as well as due from Venezuela, we should entertain a demand from Venezuela the good. And this joint resolution covers the good as well as the for an abandonment of that award on her cbn.rges of misconduct by bad, which is oue pojnt of objection. the arbitrators. Mr. SPRINGER. Allow me to say further, that in reference to the V E\nezuela is now a suitl>r against the United States and flemands claims that the Venezuelan government rega,rd as val1d the install- that the United States relinquish the claims which the arbitration ments that she has paid amount to nearly one-half of those claims. baa solemnly adjudicated iu our favor. My proposition is that when Mr. KASSON. I do not understand, however, that the gentleman the Venezuelan government comes and c1aims that we sboulcl aban- desires by that to be understood as saying that Venezuela has per- don this solemn award and bring the investigation again directly formed her obligation even touching 'the $459,000. back where it was before arbitration, and further refuses to pay to Mr. SPRINGER. If only honest claims had been allowed, then the citizens of the United States the sums that she he1·self admits to what the government of Venezuela has now paid would be, as I be due, then Venezuela is not doing the equity w_hich justifies the think, a compliance with her obligations. But I have not made any ' 1876. CONGRESSIONAL RECORD-HOUSE. 5475 calculations upon this point, and cannot speak with certainty. The . reported substantially, for the information of the Honse, that there various payments are all set forth in the report and the rliploma.tic was such fraud; that is to say, the United States admit it. If so, it correspondence, auQ. will show the state of the accounts between the is th:3 clear moral duty of this Honse and of the executive depart- two governments. ment of the Government, when authorized thereto by Congress, to Mr. KASSON. A.s only 15 per cent. of the claims has b.e en paid it re-open the transaction. If one of the parties alleges fraud and the is evident that that is not the half of the 459,000 that are admitted other admits it, it is the grossest of all inequitable things to take to bE\ valid claims. advantage of such fraud. Now, to express in a condensed form what I think will be the safer If, as I have understood from the reading of the report, the prac· precedent for the Congress of the United States to establish in regard tical admission made by this committee is that there is ground to be- to questions of this delicate and unusual character, I believe I may lieve that the allegations of Venezuela as regards the fraudulent say unprecedented character, for I do not remember that ever before action of the umpire, no matter how, are true, we ought to suspend any government with which we had a treaty and an arbitration has further proceedings; and if the proof should hereafter become con- refused to perform its part in the manner suggested here-- clusive, the United States would be bound in honor and justice to Mr. SPRINGER. There never was before an arbitrati<1ll so tainted open the entire transaction and not to exact from the government of with fraud. Venezuela anything which is in any shape tainted with this alleged Mr. KASSON. I hope that is true. fraud. Mr. SPRINGER. It is unprecedented in thls country, and I think ~Ir. BANKS. Mr. Speaker, t.his is a shorter question than would in any other. seem to be implied from the readinCT of the report (which has disa- Mr. KASSON. I hope that is true; but nevertheless the point is hled two or tbr~ clerks) and from the long speeches ~entlemen have that this award has been made and is existing. One of the govern- made. It admits of a very simple explanation, which I think will ments alleges fraud, which the other bas not admitted; and yet our satisfy the House that the resolution reported by the committee is right. committee state that that allegation is true, and it may be true. The This resolution does not profess to deal with the treaty or the award. question then is, What ought to be done t Should we consent to act- It stops short of that. The suggestion of the gentleman from Iowa ually nullify the whole award f That is the practical question. [Mr. KASSON] would certainly be wortlly of very serious considera-. Mr. HOAR. The question I wish to ask is this: I would like tion if the judgment of the committee as expressed in the resolution to understand this case myself. I never heard of it before. Is related to the subject to which he refera; that is, to the treaty and to not the question exactly this: The United St.ates and the Venezue- the award. But it does not relate to either. A trea.ty was made with lan Governments agreed to submit these .claims to arbitration. The Venezuela, and an award was rendered by a commission provided umpire having been bribed, then there bas been no arbitration, be- for in the treaty; that is a part of the subject before the Hou e. But cause you had a bribed umpire. What would be the proper course the relations between the United States and the government of Ven- in a court or between governments or anywhere else f It would be ezuela.k.ave been changed since this treaty wa-s entered into, since the that the agreement to arbitrate would stand, and the governments commission was appointed, and since the award was made. are bou.nd to proceed de novo, the ent.i re award being set aside, noth- In 1873 Congress passed a resolution declaring in terms that this ing having happened since the agreement to arbitrate. award should be considered final; and that the President of the l\!r. KASSON. Let me say that this has hap.p ened since the agree- United Bta.tes l!lhould ma.ke a demand upon Venezuela for payment. ment to arbitrate : a percentaCTe on all the claims has been paid by An additional proposition not aecepted by the House accompanied the Venezuelan government, which to that extent is a post-facto rati- these two; a proposition which woultl be necessary ultimately to ful- fication of the arbitration. fill or make complete those two propositions which we agreed upon. Oue other point. The allegation that there is a bribed arbitrator This third proposition was that a ship of war should be sent to Ven- is not admitted by the United States; and more than that, if we make ezuela to take possession oi the custom-houses and to recover for the such an admission it t,ouches the delicacy of our relations .with a pow- United States the sum-total of this award by our own act of force or erful foreign government, by whom one of these arbitrators, the um- power. Now, the subject before the Houi:ie is this act of 1873. The pire, was appointed, with the consent of both the governments inter- first proposition is that the award should be final; the second, that ested. Hence I would not, without the authonty of the EJ::ecutive the President shall make a demaml upon the government of Vene· of this Government, make an admission which would so afl'ect and zuela for the payment of this money. It is therefom no longer a ques- dishonor a foreign government. tion between the two governments under a treaty or any proceedings I do not know that the evidence is complete that this umpire was relating to a treaty. The question between the two governments bribed. Gentlemen are a-sking us to admit it in advance. Henc!3 I arises under this act of 1873. That is where it stops. return to my original ground, that there are two objections to this Now, Mr. Speaker, there have been made b'efore the committee, ap· report. One is that it seems to concede that one party to an aw:trd parentlyuponrespectable authority, allegations which would certainly ha.s the right to protest against executing it because of charges of deter this Government from enforcing its claim immediately and with- wrong-doing which it makes against the award. The other is that it out further consideration. For example, it has been stated that a puts the honest claimants in the same boat with the dishonest claim- person not appointed umpire in thiscommissien has been substituted for ants. The resolution which I should desire to submit to the House the person supposed and intended to have been appointed. Itdoesnot as expressing concisely my views is this : appear to me to have been the fact, but that is the statement ; and That the President of the United States is hereby requested to give asstfranceto there are numerous other statements implying, if true, that gross, in- the government of Venezuela. that, upon compliance by that government with the excusable, and criminal frauds have been practiced. terms of the award made pursuant to the convention between the two goveTDments, Now, sir, the Committee on Foreign Affairs, whose resolution is be- dated Aplil25, 1866, this Government will be ready to make equitable arrang&ment with the Venezuelan government for the investigation of the cbarge.s against the fore you, say that, in the presence of this allegation of fraud, they validity of the award which that government has alle~ed to have been fraudulently think the sum which has been paid by Venezuela into the Treasury of ma-de ; and the Secretary of State is authorized and directed to suspend all further the United States should not be paid out for a limited time, say one payments to holders of certificates alleged by tb,e government'of Venezuela to have month or two months-the time fixed, I believe, is the 4th of March; been fraudulently awarded by the mixed commission under said convimtion. and, secondly, that the extraordinary duty imposed upon the Presi- · This expresses concisely the views which I entertain as to the dent of the United States by tho act of 1873, which does not follow proper mea-sure to save the honor of our Government, to save the necessarily from the execution of the treaty, that he should, under honor of Venezuela, to insist upon the international obligation of a that order of the Congress, make an imperative demand for payment solemn award, to protect the honest holders of certificates, and te upon Venezuela, had better be waived for a little time until these hold by the power of this Government the gates of the Treasury facts can be considered. closed against dishonest claimants until the two governments have I ask the attention of the gentleman from Iowa to this: that it does by mutual arrangement ascertained whether the charges of fraud are not ~ive any validity whatever to this allegation of fraud, nor does well founded. i it cnpple in the slightest degree the right.s of the Government under Mr. BANKS obtained the :floor. the treaty ; but it simply suspends the operation and action of the Mr. HURLBUT. Will the gentleman from Ma-ssachusetts [Mr. officers of the Government under that act of 1873. And that, I think, BANKS J yield to me for a moment f is entirely right. Mr. BANKS. Certainly. I do not know there is any wrong in this matter. The testimony Mr. HURLBUT. Upon a question of this kind I desire to have bas not been completely given. There are parties who must be some clear and specific understanding of the subject-matter upon heard, parties whose reprel!lentatious must be heard; as, for example, which I am called to vote; and I suppose the case is the same with the umpire himself and the parties who were engaged in these trans- every other member. Now it is true that an award, a conclusion actions, who are within the call of Congress, and who have not yet of arbitration, ought to be held binding; but it is also trut3 that' there teen heard and whose testimony one way or the othermust be mate- is no award;if fraud on the part of the arbitrators is shown or ac- rial. The committee has not given .fullconsideration to this matter. knowledged. This is a principle of law familiar to every lawyer. It They have not been able to make up their minds. Rut they do say has been ruled by the Supreme Court of the United States that the that it is proper the provisions of the act of 1873 should be so far sus- only ground upon which an arbitration once entered into can be set pended that t.he President should not be required to make imperative aside is that the ~rbitmtors have exceeded their powers or were gov- demand upon Venezuela, and the money paid by Venezuela into the erned by fraud in making the award. Treasury of the United States should be withheld and not paid out, Now I understand that in this case Venezuela charges that there certainly for the time speCified in this resolution. was such fraud as should nullify the award; for a fraudulent award Mr. CONGER. Let me :1Sk the gentleman from M:lo888.chosetts is no a ward. Fraud goes to the bottom of all contraets, as is conceded whether a simple resolution of this House will cover the case a.nd in every court, national or internn.tional. Now this committee has whether on th~ contrary ~t ought not to b~ a joint re.s olution Y 5476 CONGRESSIONAL RECORD-HOUSE. AUGUST 11, Mr. BANKS. I will say to the gentleman from Michigan that it is to the Committee on Expenditures in the Treasury Department with a joint resolution. It was :first intended to repeal the act of 1873, accompanying statements and ordered to be printed. but the committee could not agree to that. PACIFIC MAIL STEAMSHIP COMPANY• .A. word now, sir, upon the proposition of the gentleman from Iowa Mr. WADDELL. I rise to present a conference report. [Mr. KASSON] that the Government shall insist upon the payment of this award hy Venezuela before it will listen or consider any repre- The Clerk read the report of the committee of conference, as fol- sentation which may be made upon her part. One chief difficulty lows: in this case has been the absolute lnabilit.y of Venezuela to pay the The committee of conft>rence on the disagreeing votes of the two Houses upon the amendments to the bill (S. No. 1021) allowing the Pacific Mail Steamship Com- award, the impossibility to get the means whereby to discharge her pany to carry the mails in their new iron sterunships having met, after fiill and indebtedness to the Government at the moment when it came due. free conference ha.ve agreed to recommend, and do recommend, to their respective That has happened often, and governments are accustomed to wait. Houses as follows: Venezuela is a republic like ours. She has been involved in difficul- That the Senat-e recede from their disagreement to the amendment of the Holl86 numbered 1; and agree to the same. ties just as we have been. She has a large, heavy, and oppressive That the Senate recede from their di~~agreement to the amendment of the House debt as we have. These facts coming suddenly upon her have made numberetl2; 'ltnd agree to the same, with an amendment as follows: it impossible for her to pay these claims. Then no doubt she feels After the last word insert: "exMpting com pen sa tion for service perform eel by deeply aggrieved by what she regards as the injustice done her by the said company for the balance of t.be term of tho contract of the ry1id company made. in pursuanoo of the said act of Februars 17, 1865, and for which appropria.. the decision of the arbitration. tion has been made." So far, then, I think there is no impropriety in the proposition ma-de A.. M. WADDELL, by the committee, that Venezuela should have a hearing; that the J. K. LUTTRELL, President of the United States should be requested not to make this J. A. GARFIELD. Managers on the part of th.e Hou-se. oppressive, imperative demand; that we should give her the assur- ~0. P. JONES, ance that the President shall not send a ship of war there to make H. L. DAWES, the imperative demand under the act of 1873 if she does not pay; D. M. KEY, and that the Secretary of the ~easury, who is ordered expressly by the Managers on th.e part of tile Senate. statute to pay out this money to particularly designated individuals, Mr. WADDELL. I call for the pre;rious question on the adoption of should be instructed by the order of the House in 1876 to suspend the report. that payment for a little while at least. · The previous question was seconded and the main question ordered; There are two things to which I object in this report as presented and under the operation thereof the re_port of the committee of con- to the Honse. In the first place this joint resolution is suspensory, ference was agreed to. • practically it is suspensory of judgment, a suspension of evidence, a ORDER OF BUSL'f.ESS. suspension for consideration, for time, for better opportunity for taking testimony. T.he report, on the contrary, reasons upon the ground that 1\Ir. RANDALL. I rise to present a conference report. this is a concluded, absolute fact upon which this statement is based. 1\fr. EDEN. I ask the gentlemu.n to yield to me for a mimite tha.t I And so far as one of the members of the committee I dissent abso- may ask unanimous consent to take a bill from the Speaker's table for lutely from that part of the report. The testimony is not in. The the purpose of moving to concur in the Senate amendments. committee has not considered it. It has not been al?reed upon by the Mr. RANDALL. I yield to the gentleman for that purpose. committee, nor do the conclusions which the comm1ttee report have CLAL'IS ALLOWED BY COUMISSIO~ERS OF CLAUIS. any relation whatever to the report itself. That is the objection I Mr. EDEN. I ask unanimous cWJ,sent to take from the Speaker's make to it. table the bill (H. R. No. 3309) making appropriations for the pay- Another remark I may perhaps be justified in making, for it will ment of claims reported allowed by the commi ioners of claims not affect the judgment of the House, is as to the attitude in which under the act of Congress of March 3, ll571, and for other purposes, wo are placed on this question. · The House of Representatives is with amendments by the Senate. 'f~ere are only two or three treating with the government of Venezuela directly, as if the House amendments of any consequence made to the bill, and as amended of Representatives were an independent government, equal in sta- it does not materially vary from the bill which pas ed the House. tion ~d rank with the government of Venezuela. Whatever we do There is nothing in the bill except what has been a.warded by the in regard to Veneznela ought to be done on representations by that commissioners. I am instructed by the Committ-ee on ·war Cla.ims to government to the Government of tbe United States. And we ought ask that the Senate amendments be cencurreu in. not to consider ourselves as a.uthorized under the Constitution to treat There was no objection, and the bill having been taken from the with the government of Venezuela, to hear her counsel, to receive her Speaker's table, the amendments of the Senat.e were concnrred in. officers a~:~ witnesses before us and take their judgment upon these 1\Ir. EDEN moved to reconsider the vote by which the amendments relations, and still less ought we to blight the reputation and good of the Seua.te were concurred in ; and also moved that the motion to name of any citizen of the United States upon such au indirect ti·ans- reconsider be laid on the tu.ble. action as that. The latter motion was agreed to. Upon these two grounds I dissented from the report; but I must ORDER OF BUSTh"ESS. say I think there is good reason for the passage of the resolution and conclusion to which it advises ns to come. Mr. ~AND ALL. I desire to yield now to the gentleman fmm Florida Mr. KASSON. .I did not offer my resolution as a substitute, and do [:Mr. FL,LEY] to make a request for unanimous consent, if it leads not propose to do it. My chief object was to draw the attention of to no discussion. the House to the Yarious questions inyolved, and I am glad to ha.ve Mr. EDEN. I ask the gentleman to yield to me a few moments developed the dissenting views expressed in the latter remaJ"ks of the longer while'! make some reports from the Committee on War Claims gentleman from Massachusetts. They will a-id in saving this case to go upon the Private Calendar. from becoming a dangerous precedent., a case of ex parte legislative Mr. H.A:t{DALL. Very well; I thought the gentleman from Ulinois investigation, practically at the suggestion of a foreign government, had got through. into the validity of adjudicated claims, and directly into the validity THOMAS BURKE. of the acts of an arbitration, the result of an international compact, in Mr. EDEN, by unanimous consent, from the Committee on 'Var which the honor of three governments is involved. I shall not ask Claims, reported back, with a favorable recommenuation, the bill (H. for a division upon the report of the committee. R. No. ll36) for the relief of Thomas Burke, of Virginia; and the same Mr. SPRINGER. If no other gentleman desires to speak upon the was referred to the Committee of the Whole on the Private Calendar, snl)ject, I demand the previous question. tmd the accompanying report oruered to be printed. 'fhe previous question was seconded and the main question ordered; A. L. H. CREXSHAW. and under the operation t.hereof the joint . resolution was ordered to be engrossed and read a third time; and being engrossed, it was ac- Mr. EDEN also, by unanimous consent, .from the Committee on War cordingly read the third time, an() passed. Claims, reported back, with a favorable recommendation, the bill (H. Mr. SPRINGER moved to reconsider the vote by which the joint R. No. 2317) for the relief of A. L. H. Crenshaw, of Missouri; and the resolution wa.~ adopted; and al~o moved thu.t the motion to reconsider same was referred to the Committee of the Whole on the Private Cal- be laid on the table. endar, and the accompanying report ordered to be printed. The latter motion was agreed to. DR. MARY E. WALKER. Mr. SPRINGER. I desire on my own responsibiHt.y to introduce the bill which I send to the desk and have it referred to the Com- Mr. EDEN also, by unanimous consent, from the Committoo on War mittee on Foreign Affairs. It follows up this subject, and I desire to Claims, reported as a substitute for House lJill No. 3528 a bill (fl. introduce it that it may be acted on during next session of Congress. H. No. 4089) for the relief of Dr. Mary E. 'Valker; which was read There was no objection, and the bill (H. R. No. 4088) in relation to. a first and second time, referrod to the Committee of the ·Whole on tho the Venezuelan mixed commission was introduced, read a first and Private Calendar, l\nd, with the accompanying report, ordered t,o be second time, referred to the Committee on Foreign Affairs, and ordered printed. to be printed. LEON FRANK. COTTO:N CLAIMS. Mr. EDEN also, by unanimous consent, reported back, with an ad- verse recommendation, the petition of Leon Frank, asking compensa- Mr. WILSON, of Iowa, I enter a motion to reconsider the vote by tion for tobacco and cotton taken by the United States forces; and which the letter of the Secretary of tho Treasury in answer to a reso- the same was laid on the table, and the accompanying report or- lution of the House calling for a list of the cotton claims was referred dered to be printed. 1876. CONGRESSIONAL RECORD-HOUSE. 5477 ORDER OF BUSINESS. "SEC. 6. That the Commissioner of Indian Affairs shall advertise for all supplies: Provided, That the purchase of supplies for sixty days may be made in open mar- Mr. P..ANDALL. I now yield for a moment to the gentleman from ket: And proiJided furthu, That to moot any exigency of the serrice purchase& Florida, [Mr. FINLF.Y.] may be made in open market to an extent :not to exceed e2,000 at any one time." Mr. SMITH, of Pennsylvania. I ask unanimous consent to make And the Senate agree to \he same. SAML. J. ·RANDALL, some further reports from the Committee on 'Var Claims. A. M. Red upon reports from the scene of war, I deemed it abso- Carolina, who shall have the supervision of the schools of the Cherokees in said lutely neeessary, and then only the smallest number considered sufficient to moot State under direction of the Commissioner of Indian Affairs;" and the Senate agree the emergency. to tho same. U.S. GRANT. That tho House recede from it.'! disagreement to the amendment numberell 57, EXECUTIVE MA...XSIO~, A.UfJU8t 11, 1876. and agree to the same, with an amendment as follows.: In line 5, pa~e 45 of the bill, Mr. RANDALL. I move that that communication and the accom- strike out all after the word "Provided" unish. the counterfeitin~t of They Reem to have addressed a communication to the. committee of trade-mark goods aml the sale or llealing in of counterfeit trade-mark- l!OOas" having met. after full and freo conference have agreed to recommend, a.nd do recom- the Senate, and that communication I understand was acknowledged, mend, to their respective Houses as follows: although I was informed by the president of the association that it That the Senate recede from its disagreement to the amendments of the House had not been acknowledgeu. nnmberetl 2, 5, and 10. I do not desire to defeat this bill; I desire to see it perfected. But That the House recerlo from its amendments numbered 4 and 8. That the Senate recede from its disagreement to the amendment of the Senate it seems to me that to pass it under this report of the committee of numbered 1, and agree to tho same, with an amendment as follows: After the conference wonld be doing very great injustice. Hence my inquiry word "keep," in line 4 1 page 1 of the bill, insert the words "for sale or keep that of the Chair if it was in order to move t.o post.pone t·he further con- others may sell;" and tue House agt·ee to the sarue. That t.he House recede from its amendment numbered 3, and agree to the clause sideration of this report until the next sess10n of Congress, so that proposed to bo stricken out, \Vith an amendment as follows: At the ond of the sec- all parties interestecl. might be heard and an opportunity given to tion insert: "In all c..'\ses in which it appears tba.t the person O!.' party cbiming. secure proper legislation. said goods bad, when he received tho same, knowledge or notice that the same were Let me explain to this Honse very briefly the nature of one pro- such goods as this section tlOI!Cribes;" and the Senate agree to the same. That the Senate rectl(le ft·om its tlisazreement to the amendment of the House vision of this bill. .A. poor man is passing along the street with a munberecl 6, and ag1·ee to the samo, w1th an amendment, so that the clause will bottle under his arm; the bottle is marked Piper Heiusieck, or some read as follows: ·• With intent that the ~arne be useu for the pm·pose of deception other respectable name. Now, if there be a deputy mal'Shal who is and fraud;" and the House a,rrreo to the same. proparecl to swear that this man has this bottle with intent to de- That the Senate re<'.ede from its disagreement to the amendment of the House numbered 7, and agree to the same, with an amendment, so that the clause will fraud, the man can be arrested and carried before a United States read as follows: "With intent that the same be used for the purpose of deception commjssioner. In many portions of the country the United States a.nd fraud;" and the House agree to the same. commissioner cannot be found within fifty or one hundred miles. That t.be House recede from its amontlment nnmberecl9, and a..,rrree to the section The man can be put under arrest and requireu to give bail, and per- wherein said amendment occurs, amending saitl section so 'as to .stancl as follows: "That any v.erson who shall, with intent. to defraud any person 9r persouR. know- haps all the property he bas in the world is the bottle under his arm. in:.rly and willfully aid or abet in the violation of any &f the proviswns of this act~ Then comes the bill of fees for the marshal, for the commissioner, shall upon conviction thereof bo punished as prescribed in the lirRt section of this and for everybody else. I am assured by gentlemen here, anu no act; and any persoa who shall commit any of the ofi'en.~es specifiefl in this act sltall doubt lawyers on this floor understand it much better than I do, that be deemed to have committed a crime, and may be proceeded against by arrest., in- dictment, and trial, aa in otl.ter criminal cases, and the district courts of the United in different parts of thi.s country there are deputy marshal and com- St-ates shall have cognizance :md jurisdiction to enforce this act; " and the Senate missioners who are engaged in hunting up violations of the revenue agree to the same. laws for the express purpo e of securing the fees. J. H . BAGLEY, JR., The operations of this bill ixtend to almost every known class of W. HARTZELL, E. S. SA,rPSON, cast-off articles; bottles, boxes, cigar-boxe8, medicine vials, anything Managers on the part of the House. that any man may happen to cast aside and a poor fellow may pick ROSCOE CONKLING, up. If somebody will make the necessary affidavit against him, be FREDERit;K T. FRELINGHUYSEN, may be arrested and put in any jail aud kept there. J. W. STEVENSO:N, It is true that a provision requiring the · showinrr of an intent to .Managers on the part of the Senate. defraud (which was not in the original draught of this bill) ha-s been The question was upon agreeing to the report of the committee of inserted upon careful examination by t.he committee; and I thank conference. themfor it. But it seems to me that the whole measure is too full of Mr. HEWITT, of New York. I would like to inquire of the Chair danger to be passed at this late hour of tJ1e session without mort:\ whether it is in order to move to postpone the consideration of thi8 thorough investigation. I appeal to my legal friends here-for they conference report until the next session of Congress T are the ones who ought to guard the interests of these poorer members Mr. RANDALL. The conference report can be voted down, in of society, who are unable to protect themselves-! ask from them a. which case tbe bill would be lost; but it might be revived again. careful examination of the pr0visions of this bill in order that they .Mr. GARFIELD. To vote down the conference report would kill may say whether it is such legislation as an enlightened Congre s the bill; to postpone the report until t-he next session does not neces- ought to adopt. If, therefore, it be in order, I shall move to postpone sarily kill tbe bill. the further consideration of this subject until the next session of Con- Mr. HEWITT, of New York. I desire to say a very few words in greBS, in the hope that then a proper measure may be perfected which relation to this bill. will satisfy all classes of the community. • The SPEAKER pro tempore. The gentleman from New York sub- Mr. SAMPSON. Mr. Speaker, the fi.rst.objection which the gentleman mitting the report [Mr. J. H. BAGLEY] is entitled to the floor. from New York [Mr. HEWITT] seems to make to this bill is that it .Mr. J. H. BAGLEY. I desire to say in reference to this report that has not been carefully considered; that it is hasty legislation. As I we have had a full and free conference; and although there may be understand the history of this mea-sure, it waa introduced into the some features of this report which are objectionable to some gentle- Senate perhaps some three months ago, was referred to the Commjt- men, yet we have done, after mature consideration, the best we could, tee on the Judiciary of that body, and after careful consideration by and I think we have put the bill in a very acceptable shape. I do some of the ablest lawyert'l upon that committee, was reported ba<:k not know that I have any explanations to make in regard to this re- to the Senate and after discussion sent to this Hom~e. ·The gentle- port. My colleagfte on the committee, tbe gentleman from Iowa, man from New York [Mr. Cox] called up the bill here and asked unan- [Mr. SAMPSON,] can perhaps give a better explanation of it than I imous consent that it might be considered and pa&'!ed immediately. I can. called his attention to the fact that the bill embraced some objec- Mr. HEWITT, of New York. Will the gentleman yield to me for tionable features under which innocent mf\n might l>e punished. I a moment! was anxious to have inserted in tile bill a provision requiring proof Mr. J. H. BAGLEY. I will first yield to my colleague on the com- of intent to defi·aud-requiring the Government to prove affirma- mittee. tively in every caso that this cast-oft' property to which the gent1e- Mr. SAMPSON. I do not desire to take up any of the time of the man from New York [Mr. HEWITT] ha~:~ referred was held with intent House in discussing this report, unless it may appear that there are to defraud. Upon that suggestion of mine, the gentleman consented some sotmd rea.sons why it should not be adopted. If the gentleman to the reference of the bill to the Committee on Patents. It was care- from New York [Mr. HEWITTJ has any objection to this report, I fully considered by that committee, upon which there are a number am perfectly willing to• hear hts objection, and then I may desire to of le~a.l gentlemen; and the provision requiring proof of intent to clc- reply to him. ' franjll, Packer, Page, William .A.. Phillips, Pierce, feit property in his possession. We have, however, been very care- Piper, Plaisted, Potter, Pratt, Rainoy, Rea, Rusk, Sampson, Sinnickson, .A.. Herr ful to guarcl all these sections so as to throw upon the Governm«;~nt Smith, Stevenson, Stone, Washin..£00n Townsend, Tufts, Van Vorhes, Robert B. Vance, Wait, Erastus Wells, G. wiley Wells, Willard, William B. Willianl8, and the bm·den of proving the intent to defraud. In fact it seemed to be James Wilson-69. the opinion of some gentlemen iQ.terested in this bill that in this man- NAYS-Messrs . .A.in!lworth, Anderson, Ashe, Atkins, Bagby, Banning, Bland, ner it had been so diluted as to be of little value for the punish- Boone, Bradfonl, Cabell, Cannon, Cate, Caulfield, Johu B. Clark, jr., of Missouri, ment of those who may deal in counterfeit trade-marks. I think that Clymer, Cochrane, Cook, Cowan, Davis, Dibrell, Durand, Durham, Eden, Felton, Finlev, Forney, Franklin, Gunter, Andrew H. Hamilton, Hardenber.e;h, Hartridge, certainly if we are going tq pass any bill on thi~ subject, this is in as Henk)e, AbramS. Hewitt, Goldsmith W. Hewitt, Hopkins, House, Hunton,Thomas mild a form as any gentleman could wish. We have sought to render L. J oned, Levy, Lewis, Lynde. Maish, McFarland, McMahon, Metcalfe, Mills, it impossible that any innocent man ·shall be punished. Mutchler, New, Payne, Poppleton, Reagan, John Reilly, James B. Reilly. Riddle, Mr. HEWITT, of New York. Will the gentleman state the penalty! .Tohu Robbins, William .M. Robbins, Roberts, Miles Ross, Savage, Scales, Schleich- er, Sheakley, Singleton, Slemons, William E. Smit.h, Spencer, Springer, Strait, Mr. SAMPSON. The maximum ptmishment is a fine of $~,000 and Stenger. Terry, Thomas, Thompson, Thornburgh, Throckmorton, Turney, J ohu L. imprisonment for two years, but the penalty may be as light as im- Vance, Waddell, Gilbert C. Walker, White, Whitthorne, Jeremiah N. Williams, prisonment for one minute and a fine of one cent, as the whole matter Willis, and Yeates--83. . rests within the discretion of the qourt. A large latitude in respect NOT VOriNG-Messrs. Abbott, .A.damR, George .A.. Bagley, William H. Baker, Ballou, Bass, Beebe, Bell, Blackburn, Blair, Bhss, Blount, Bright, John Younf. to the penalty is intentionally given. If a man is found having in Brown, William R. Brown, Buckner, Samuel D. Burchard, John H. Caldwel, his possession but a single package or bottle bearing a counterfeit William P. Caldwell, Campbell, Candler, Cason, Chapin, Chittenden, Collins, Cox, trade-mark, and if this is his only offense, the court may ma.ko the Crapo, Culberson, Danford, Darrall, De Bolt, Denison, Dobbins, Dong las, Donnell, Ellis, Ely, Faulkner, Fuller, Gause, Gibson, Glover, Goode, Goodin, Hale. Robert penalty extremely light. Ha.rnilton, Haralson, Benjamin W. Harris, Henry R. Harris, Jolm T. Harris, Har- Although the gentleman from New York seems now so apprehen- rison, Hartzell, Hatcher, Hathorn, Hays, Henclee, Hereford, Hill, Hog:e, Holman, sive in regard to punishments, he introduced in this House and had Hooker, Hosldns, Hubbell, Hunter, .Jenks, Frank Jones, K elley, King, Knott, referred to the Committee on Patents a bill in which the punishment Lamar, George M. Landers, Lane, Leavenworth, LeMoyne, Luttrell, Mackey, Ma- goon, .MacDougall, Mealle, Miller, Milliken, Money, Morrison, Neal, O'.Brien, for the use of counterfeit trade-marks was fixed at imprisonment for Odell, Oliver, Phelps, John F. Philips, Platt, Powell, Pnrman, Randall, Rice, Rob· ten years and a fine not· exceeding 5,000. Under tllis bill tlle pun- inson, Sobieski Ross, Sayler, Schumaker, Seelye, Smalls, Southard, Sparks, Stowell, ishment cannot exceed imprisonment for two years and a fine of Swann, Tarbox, Teese, Martin I. Townsend, Tucker, Waldron! Charles C. B. Walk- $2,000, while it may be as much less as the court within its discret.ion er, Alexander S. Wallace, John W. Wallace, Wallin~, Wa s~ 1 • Ward, Warren, Wheeler, Whitehouse. Whiting, Wigginton, Wike, Anurew Williams, .Alpheus S. may deem proper. Williams, Charles G. Williams, Jame8 Williams, Jame8D. Williams, Wilshire. Ben- Mr. HEWITT, ot New York. The gentleman from Iowa [Mr. SAl\!P- jamin Wilson, Alan. Wood, jr., Fernando Wood, Woodburn~oodworth, and Young SO~] states that I introduced bills for the protection of trade-marks -133. containing severer penalties than those in the bill under discussion. So the report was rejected. That is true; but he ought to remember that gentlemen often intro- During the vote, · <1uce bills at the request of other parties for the provisions of which Mr. HUNTON stated that Mr. HARRIS, of Virginia, wa.s paired with they do not hold themselves responsible. The bills referred to were Mr. MILLER, of New York; and Mr. TUCKER, of Virginia, with Mr. handed to me by respectable members of the bar, and I introduced HOGE, of South Carolina. them without giving any sanction to the provisions of the bills myself. The vote was then announced as above recorded. Mr. J. H. BAGLEY. I now yield the floor to the gentleman from Mr. HEWITT, of New York, moved to reconsider the vote by which Michigan. · the report was rejected; and also moved that the motion to recon· ~lr. CONGER. Mr. Speaker, when this bill which was passed in aider rre laid on the table. the Senate was referred to the Committee on Patents~ it seemed to The latter motion was agreed to. me to be a bill solely in the interest of those to whom by law privi· FINAL ADJOURNMEN'l'. leges had been given in connection with trade-marks that its pro- visions were so harsh and so severe, and the penalty so high, the im- Mr. MORRISON. I submit the following resolution. prisonment so long necessarily, with no requirement that fraudulent The Clerk read as follows: intent should be alleged and proved, that I was very much opposed Resolved, (the Senate concurring,) That the President of the Senate and the Speaker of the House of Representatives be, and they are hereby, directed to ad- to it, as were other members of the Committee on Patents. It was journ their respective Houses without da.y on .Monday next, August 14, 1876, at considered for a long time by that committee very carefully. I think four o'clock p. m. .5480 . CONGRESSIONAL RECORD-HOUSE. AUGUST 11; Mr. MORRISON. I demand.the previous question. The SPEAKER pro tempore. The Chair has jnst recognized the The previous question was seconded and the main question ordered; gentleman from Illinois (Mr. CAULFIELD) to ask unanimous consent . and under the operation thereof the resolution was adopted. to make a report. Mr. :MORRISON moved to reconsider the vote by which the resolu- WILLIAM BATTERSBY. tion was adopted ; ~d also moved that the motion to reconsider be Mr. CAULFIELD, by unanimous consent, from the Committee on laid on the table. the Judiciary, reported back, wit-h a fa,·orable recommendat.ion. the The latter motion was agreed to. bill (H. R. No. 1151) for the relief of William Baltersby; wllic!:t was AGRICULTURAL REPORT. referred to the Committee of the Whole on the Private Calendar. Mr. SINGLETON. I rise to submit a privileged report from the EXPE~SES OF THE DISTRICT. Committee on Printing. I am directed to report back the bill ( S. No. 1036) to provide for the printi.ng and distribution of the reports On motion of Mr. WILLARD, by unanimous consent, the bill (H. of the Commissioner of Agriculture for the years 1874 and 1t:l75, with R. No. 3962) providing means to defray the expenses of the Dist.rict the recommendation that it do pass. of Columbia until December 1, 1876, with amendments by the Sen- Mr. Speaker, on an eal'ly day of this session we passed a resolution ate, was taken from the ~peaker's table. to print exactly the same number of copies of the Agricultural Re- Mr. WILLARD. I move that the House non-concur in the amend- ports for the years 1874 and 1875 as are provided for in this bilL ments of the Senate, and ask a committee of conference. It went to the Senate, and they, instead of taking up the resolution The motion wa~ a.g reed to. pa-ssed by this House, have sent us a new bill. Th.,re is very little The SPEAKER pro tempore. The Chair appoints as managers of difference between the resolution adopted by the House and this bill. the conference which the House has just agreed to request, Mr. WIL- There is a difference, I think, only in one respect. When the Com- LARD of Michigan, Mr. CATE of Wisconsin, and Mr. IlARTRIDGE of mittee on Appropriations reported the sundry civil bill an amount Georgia. · was appropriated for the Government Printing Establishment, and MOSES F. CARLTO~. out of that amount these reports were to be paid for. It waa then Mr. SMITH, of Pennsylvania, by unanimous consent, from the supposed that there would be a 1·eduction in the number of the em- Committee on War Claims, reported a bill (H. R. No. 2386) for there- ployes of that Department, and that there would be enough money lief of Moses F. Carlton, late second lient.ena.nt Company I, ~,onrth left to pay for the reports. On examination it was found to be other- Michigan Volunteers; which was referred to tho Committee of tht~ wise, and the Senate proposed to have these reports printed ; and for Whole on the Private Calendar, and, with the accompanying report, that purpose the bill appropriates $130,000, or so much as may be nec- ordered to be plinted. - e~:~sary, to have them printed. While I am in favor of retrenchment JOHN B. SLACK. and refm·m, I think this is a proper expenditure. - Mr. SMITH, of Pennsylvania, also, from the same committee, re- . The bill was onlered to a third reading; and it was accordingly ported back, with au unfavorable recommendation, the petition of read the third time, and passed. John B. Slack, late a third assistant engineer in the United States Mr. SINGLETON moved to reconsider the vote by which the bill Navy; which was laid on the table, and, with the accompanying was passed; and also moved that t~e motion to recoDBider be laid on report, ordered to be printed. the table. F. W. E. LOHMA....~. The latter motion was agreed t-o. ELISHA E. RICE. Mr. SMITH, of Pennsylvania, also, from the same committee, ma(le au adverse report upon the memorial of F. W. E. Lohman; and the Mr. BANKS. I aak unanimoUB consent to take from the Speaker's same was laid on the table, and the report ordered to be printed. table for present consideration the bill (S. No. 852) for the relief of Elisha E. Ric.e. · J. C. M'COm"'ELL. The SPEAKER pro tempore. The bill will be read for information. :Mr. SMITH, of Pennsylvania, al8o, from the same committee, made The bill was read. It authorizes the accounting officers of the an adverse report on the claim of J. C. McConnell; and the same wa~ Treasury to allow and pay to E. E. Rice, late United States consul at laid on the table, and the report ordered to be printed. Hakooadi, Jap:ln, out of any moneys not otherwise appropriated, the sum of $585.41, being 10 per cent. of his salary as consul at said port O. P. NORRIS. from July 1, 1869, to November3, 1871, that being the usual allowance Mr. SMITH, of Pennsylvania, also, from the same committee, re- for rent of that consulate. ported back, with an adverse report, the bill (H. R. No. 2357) for the Mr. BANKS. If the House will give me its attention for one min- relief of Lieutenant 0. P. Norris, of the One hundred and eleventh ute, I can state t.he facts of this case. The Committee on Foreign Ohio Volunteers; and the same wa~ laid on th., table, and, with the Affairs has unanimously approved of this bill. Mr. Rice was ·consul accompanying report, ordered to be printed. in Japan at Hakodadi. The First Comptcoller, in a communication PAYl\iEJ.~T OF EMPLOYES OF THE HOUSE. to the Senate Committ.ee on Claims, which is printed in their report, states that Mr. Rice is entitled to 10 per ceut. of his salary as rent, Mr. ROBERTS, by unanimous consent, from the Committee of Ac· which was never paid to him, but which was due to him. Mr. Rice counts, submitted the following resolution; which was read, consid- needs it in these days, and I hope the House will agree to give it to ered, and agreed to : · him. Resolved, Tha. ~ the Clerk ~f this House be, antl be is hereby, autholized and di- rected to pay out of the coutmgent fund to John H. Sbaw, Richard A. Shaw. Wil· There waR no objection, and the bill waa taken from the Speaker's son Grice. Robert Goates, Henry Hall, William H. Hall, Daniol Spagges, and James table, read three times, and passed. Savoy, each,~~ per month during this session, deducting such sums as may hav~ al· Mr. BANKS moved to reconsider the vote by which the bill wa~ roady been paid them. This re!!Olution to be considered as a substitut-e for the res- passed; and also moved that the motion to reconsider be laid on the olution passed on the 29th of July last, so far as it relates to the above-named par· ties. table. The latter motion was agreed to. Mr. ROBERTS moved to reconsider the vote by which the resolution MESSAGE FROM THE SENATE. was adopted; and also moved that the motion to reconsider be laid on the table. A message from the Senate, by Mr. SYMPSON, one of their clerks, in- The latter motion was agreed to. formed the House that the Senate had agreed to the report of the GILDEROY A. HARDY. committee of conference on the disagreein~ votes of the two Houses on the bill (S. No. 1021) allowing the Pamfic Mail Steamship Com- On motion of Mr. EVANS, by unanimous con8e:::tt, the bill (S. No. 944) pany to carry the mails in their new iron steamships. . for the relief of Gilderoy A.. Hardy was taken from the Speaker's The message further informed the House that the Senate insisted table, received its several readings, and was passed. on its amendments to the bill (H. R. No. 3168) relatin~ to the partition Mr. EVANS moved to reconsi•Jer the vote by which the bill was of real estate in the Disti·ict of Columbia, disagreed to by the House passed; and also moved that the motion to reconsider be Jaid on the of Representatives, agreed to the conference asked by the House on table. the disagreeing votes of the two Houses thereon, and had appointed as The latter motion was agreed to. conferees on the part of the Senate Mr. FRELL.~GHUYSEN, Mr. HoWE, COliMITTEE 0~ EXROLLED BILLS. and Mr. S'i'EVE.NSO.N. Mr. HA~ILTON, of Indiana. I rise to a. privileged question. I ask 'l'he message furt.her informed the House that the Senate insis:ed on its a~endments to the bill (H. R. No. 1516) to regulate the issue that additional members be appointed on the Committee on Enrolled of artificial limbs to disabled soldiers1 seamen, and others, disagreed Bills, on account of the absence of the majority of that committee. to by the House of Representatives, agreed to the conference asked There are but two members of the committee present, Mr. PLAISTED by the House on the disagreeing votes of the two Houses t.hereon, and and myself. Mr. PLAISTED is a member of a committee of investiga- bad appointed as conferees on the part of the Senate .Mr. LOGAN, Mr. tion, and he assures me t~at it is impossible t bat he should discharge BooTH, and :Mr. GoRDON. the duties of this committee. It is therefore absolutely necessary that additional members should be appointed upon the committee. ORDER OF BUSI~TESS. The SPEAKER pro tempore. How many f Mr. CAULFIELD. I ask unanimous consent to make a report from Mr. HAMILTON, of Indiana. I think two will be sufficient. the Committee on the Judiciary. No objeetion was made. Mr. VANCE, of Ohio. I rise to a privileged report. The SPEAKER pro ternpm·e. The Cllair will announce the addi- Mr. CONGER. I now renew my request that the Committee on tional memhers of the committee in the morning. War Claims may report some bills to be placed on the Private Calendar. · .Mr. ATKINS. I move that the House do now adjourn. 1876. CONGRESSIONAL RECORD-SENATE. 5481 ENROLLED BILLS SIG!\"ED. The PRESIDENT pro tempore. The bill wiJl be referred to the Pending a motion to adjourn, Mr. HAMIL TO~, of Indiana., from the Committee on the Judiciary. Committee on Enrolled Bills, reported that the committee had ex- The joint resOlution (H. R. No. 164) in reference to the payment of amined and found truly enrolled bills of the following titles; when awards of the Venezuelan mixed commission was read twice by its the Speaker pl'o tempore signed the same: title, and referred to the Committ.ee on Foreign Relations. A bill (S. No. 561) for the relief of Major Junius D. Traynor; and EXPENSES OF DISTRICT GOVElTh"MEXT. A bill (S. No.1007) concerning the employment of Indian scouts. The Senate proceeded to consider its amendments to the bill (H. LEAVE OF ABSENCE. R. No. 3962) to provide means to defray the expenses of the District Mr. TUCKER was granted leave of absence for two days on ac- of Columbia until December 1, 1876, disagreed to by the House of count of important business. . Representatives. Mr. DARRALL waa granted leave of absence for four days on ac- On motion of Mr. WINDOM, it was count of sickness. Resolved, That the Senate insist on its amendments to the said bill disagreecl to Mr. J. H. BAGLEY waa granted leave of absence for ten days. . by the House of Representatives and agree to the conference asked by tlie House on the disagreeing votes of the two H01ises thereon. Mr. MILLER was granted leave of abMence for ten days. Mr. SPARKS was granted an extension of the leave of absence here- By unanimous consent, it was tofore granted him for ten days. Ordered, That the conferees on the part of the Senate be appointed by the Presi· Mr. DAVY was granted leave of absence for ten days on account dent pro tempore. , . of important business. The PRESIDE1TT pro ternpo1·e appointed Mr. WINDOM, :Mr. ED- Mr..ATKINS. I withdraw the motion to a~jonrn. MUl'I"DS, and Mr. KERNA...~. REUBEN DAVIS. ADJOUlli.~ENT SINE DIE. Mr. HOOKER. I ask unanimous consent to take from the Speaker's The PRESIDENT pro tempore laid before the Seuate the following table for action at the present time the bill (S. No. 990) for there- concurrent resolution of the Honse of Representatives: moval of the political disabilities of Reuben Davis, of Mississippi. Reso'ved (the Senate concurring,) That the President of the Senate and the No objection was made, and the bill was t.aken from the Speaker's Speaker of the Houso of R~presonta.tives be, and they are he:-eby, directed to ad- table, received its several readings, and (two-thirds voting in favor journ their respective Houses without day on Monday' next, August 14, 1876, at four thereof) wa-s passed. o'clock p. m. Mr. HOOKER moved to reconsider tbe vote by which the bill was Mr. WI~"DOM. I move the reference of tl1e resolution to the Com- passed; and also moved that the motion to reconsider be laid on the mittee on .Appropri..'ttions. table. · Mr. PADDOCK. I suggest that it lie on t.he table. The latter motion was agreed to. The PRESIDENT pro tempore. The Senator from Minnesota moves LEAVE TO PRINT. that tbe re olution be referred to the Committee on .Appropriations. Mr. RUSK. I ask unanimous consent to print some remarks in re- Mr. STEVENSON. I hope not. I hope tho Senate will dispose of gard to the tariff in its relations to agriculture in the RECORD as a it now. part of the proceedings of the House. · Mr. PADDOCK. It had better lio on the table. There was no objection, and the leave was gra.nted. [See .Appendix.] Mr. :MORRILL. Let it lie on the table. And t:O.en, on motion of Mr. PAGE, (at five o'clock and thirty min- :Mr. WINDOM. I have no objection to letting it lie upon the table. utes p. m.,) the House adjourned. The Senate is not ready to act upon it now. Mr. DAVIS. I think it ought to be within reach of the Senate at any time. · PETITIONS, ETC. The PRESIDEl\T'f pro tempore. Tho resolution will lie on the table if there be no objection. The following memorials, petitions, .and other papers were presented at the Clerk's desk under the rule, and referred as stated: REPORTS OF COMl\UTTEES. By Mr. DAVY: The petition of nurserymen, horticulturists, and .Mr. BOGY, from the Committee on Indian Affairs, to whom was florists of Rochester, New York, and vicinity, that no appropriation referred the bill (H. R. No. 620) for the relief of Redick McKee, be made for the distribution of seeds through t·he Agricultural Bu- reported it without amendment. reau and that the postage on all seeds and plants be reduced, to the CHANGE OF NAl\IE OF YACHT. Committee on the Post-Office and Post-Roads. By .Mr. HENKLE: :Memorial of Alexander Moffit and :M. McEwen, Mr. BOUTWELL. I am instructed by the Committee on Com- that the petition of .Alexander Moffit and others for the appointment merce, to whom was referred the bill (H. R. No. 3678) to change the o.f a joint commit.tee of the House and Senate to continue the investi- name Of the pleasure-yacht Lydia to that of Sylph, to report it gation of the charges made against the management of the Govern- without amendment. As there is not likely to be any debate upon ment Hospital for the In ane be reported back to the House from the the bill, I ask for its present consideration. It is merely to change Committee on Expenditures in the I,nterior Department and referred to the name of a pleasure-yacht. the Committee on Military A:ffail'S. By unanimous consent, the Senate, as in Committee of the Whole, By Mr. HUNTON : The petition of James Bnrk, of the District of proceeded to consider the bill. Columbia, for a pension, to t.he Committee on Revolutionary Pen- The bill was reported to the Senate without amendment, ordered sions. to a third reading, read the third time, and passed. By Mr. LAWRENCE: The petition of M. McEwen,, of Washington, BILLS INTRODUCED. District of Columbia, that he be paid the amount of witness fees due Mr. MITCHELL asked, and by unanimous consent obtained, leave Mary J. VanKeuren, she having assigned to him her interest in the to introduce a bill (S. No. 1045) for the relief of George A. Eades, late same, to the Committee of .Accounts. -collector of customs at Sitka, Alaska; which was read twice by its By Mr. A. S. WILLIAMS: The petition of Elizabeth Craig, the title, referred to the Committee on Claims, and oruered to be printed. mother of Prince Albert Craig, late of the One Hundred and second Regiment, United States Colored Troops, who was killed during the PRINTING OF 11\IPEACH~IE.NT TRIAL. late war, for a pension, to the Committee on Invalid Pensions. Mf. ANTHONY. The Committee on Printing reported two bills yesterday as substitutes for two resolutions, for printing, one addi- tional copies of the impeacbmen~ trial an!l the other additional copies of the report of the engineers upon the alluvial deposits of the Mississippi. It has always been tho custom for the Senate to IN SENATE. consider immediately reports from the Committee on Printin~ ordet·- ing additional copies, and for the obvious reason that it 1s more SATURDAY, August 12, 1876, economical to print them at once thau it is to make a uelay which may involve a resetting of the type. That objection does not. apply Prayer by the Chaplain, Rev. BYRO~ SUNDERLAND, D. D. in the c.ase of the bill ordering copies of the impea-chment, which is The Journal of yesterday's proceedings was read and approved. stereotyped ; but still it would be more economical to do it now than HOUSE BILLS REFERRED. to do it by and by. Without intending to urge the matt.er at all, I The bill (H. R. No. 3083) to remove the political disabilities of C. should like to have it disposed of. I would say that I think both of M. Wilcox, of Marylaud, was read twice by its title. these matters are desired by the House of Representatives, and as The PRESIDENT pro tempore. The Chair will call the attention neithe.r House can order more than 500 worth of printing without of tho Senator from Vermont [Mr. EmwNDs] to the fact that this the concurrence of the other, I think it is a matter of courtesy, when case was included in a bill passed yesterday. the expense is not large, that each House should defer to the other, Mr. EDMUNDS. By an amendment f and I hope, if we set the example, it will be followe(l; although it The PRESIDENT pro tempore. By an amendment. has not always been followed. · Mr. EDMUNDS. Let this bill be referred to the Committee on the The PRESIDENT pro tempore. Does the Senator from Rhode Island Judiciary. The action yesterday violates all the practice of the make a motion f Senate. There will not be any more disability bills passed at this Mr. ANTHONY. I cannot make a motion to take precedence of the session if they are going to be doubled up in that way. Let each morning business. I have to ask unanimous consent. case stand on its own bottom. Mr. INGALLS. Mr. President·- 5482 CONGRESSIONAL RECORD-SENATE. AUGUST 12, The PRESIDEbTT pro tempore. Does the Senator from Kansas rise Kansas. The preamble recites that certain lands in the State oi with morning business f Kansas known as the Cherokee strip, being a strip of land on the Mr. INGALLS. I rise to ask the consideration of a. bill. southern boundary of Kansas, some two or three miles wide, de- The PRESIDENT pro tempore. The Senator from Rhode Island has tached from the lands patented to the Cherokee Nation by. the act risen for that purpose. known as the Kansas-Nebraska bill, in defining the boundaries there- Mr. ANTHONY. I ask the Senate to proceed to the consideration of, are still, so far as unsold, the property of the Cherokee Nation ; of the hill (S. No. 1042) to provide for the publication of the report and that an act was passed by the Forty-second Congre s, which be- of the impeachment trial of William W. Belknap, which was reported came a law on its acceptann<> by the Cherokee national authorities, yesterday. [After a pause.] I am advised that the bill has not been and which fixed the price·-()1' Lhe lands east of Arkansas River at 2 1·etum.ed from the Printer. If that is the case we cannot take it up. per acre, and west of the river at 1.50 per acre; and that portions The PRESIDENT proternpore. It has not been returned, the Chair of the same have been sold under this law and portions remain un- is informed. sold, the price being too high. _ LANDS IN CHEROKEE STRIP. The bill provides that the Secretary of the Interior .shall offer for Mr. HARVEY. I move that the Senate procaed to the considera- sale to settlers all of the tract remaining unsold at the local land tion of the bill (H. R. No. 1984) to provide for the sale of certain offices in the diiitricts in which it is situated at $1.25 per acre; anmmittee on Public Lands, in printing the Calendar it l\Ir. MORRILL. Defore that is done I understand the Senator from appears to have been reported from the Committee on Public Lands. West Virginia and the Senator from Delaware have withdrawn their In reality it wa-s before both committees, but was reported to the objection to the District bill, and I ask to have the question taken Senate from the Committee on Indian Affairs. on that. I ask that the Secretary read the letters from the Cherokee delega- Mr. EDJ1UNDS. We cannot do but one thing at a time, and that tion in relation to this matter. one is this Indian queBtion. The Chief Clerk read aa follows : :Mr. KERNAN. Let Senate bill No. 994 be read. w .ASHINGTON, D. c., Jtdy 11, 1876. Mr. EDMUNDS. No, we will not have it read now. We shall get DEAn Srn: Inclosed please to find bill H. R. No. 1904, which has passed the House on faster if we do one thin!Y at a time. · of Representatives and is now pending before your honorable Committee on Pub- :Mr. HARVEY. Here is the law to which I referred, which I will lic Lands. Our delegation favor this bill, and as the Cherokees neecl the monev due on them, and as the bill proposes to rednce the price of the lands in favor of read: the settlers, we respectfully aak that you push forward the bill to favorable action Whereas in order that certfiin provisions of the trf'aty of July 19, 1866, between this session of Congress. the United State.~ and the Cherokee Nation may be rendered clearer an1l mane By so doing you will oblige, very respectfully, your friends and obedient servants, more satisfactory to settlers upon the lands known as the "Cherokee strip " in the D. H. ROSS, State of Kansas, said settlers having moved thereon since the c.ar of the Senator from Vermont. · . from the y the strongest power or the powe~ .~hich .shall have po-· That power, acting upon our in.itiativ~, or 'Yith our ~ull concur- litical influence over them. They prefer assocmtwn w1tb the Govern-! rence ha-s leO'Llated and adapted 'lt.ose ~f agre~ing with the United States i~ the dir~ction that th~ they now postpone it, and this treaty to a certain ex~ent postpones legislation shall enforce. All these sanctwns are .m favor of ~h1s it by keepin(J' foreirrn nations fTom the traue of these Islands. They.' leo-islation imtl there ouuht to be grave reason at this stage to reJect prefer on acc~nnt of the strong American influence in thoseislannsth:lt a l'.illlike this. Senator~ who originally did not vote for the ratifica- when they do fall they shall fall to the United States. w:llen the Shen..: tion of this treaty may well pause to consider whether there are not andoah was cruising in the Northern Pa?ific, destroymg o~r whale oblirrations springing out of the previous action of the Senate and fleet, destroying vessels by. the score, bur~mg_ t~em on the hig~ seas, . the Execntive resting upon them to give their vote now to enforce and when she could only be kept upon this mJssion of destruct JOn by that former action. . a supply of coal, the American citizens of H~nolnlu and those under I will not advert to the different stages through which this matter their influence carried the coal that was available for that purpose bas passed, Hurriedly I alludeu to the~1 last night in tlle few !a- five miles back in the interior where it could not be got and the marks which I made in asking the attention of the Senate to the b1ll. Shenandoah went elsewhere at great distance for its coal. Suppose I prefer to proceed to di, cu.ss briefly th~ ~easons w~;v the bill, if it the Hawaiian Islands had at that time been in possession of the Brit- stood simply in the place of the treaty origmally ratified, ought to be ish government, which allowed Nassau and others of its possession to auopted, why it is use£allegislation, if that question is really before coal vessels on such missions, for which we righteously exa?ted from the Senate. her a large indemnity in gol.u, would n~t then an ~pport~mty, and a This treaty is valuable for commercial intere~ts. It. is valuable convenient one, have been giVen for this destr!lctlve crmser ~o pr~­ because it tums a balance of trade heretofore agamst us m our favor. ceed on its work which was interrupted and 1mpeded by this mel- It is valuable l>ecause, pro tanto, goods of our manufa-cture. east ?f dent t It is an illustration directly in point showing th~ importance, the Rocky Mountaiw;, as well aa west of the Rocky :Mountams, will in a national point of view, that these islands shall not fall under the, be taken in exchange for sugars and rice where heretofore the balance control of any government which may ~ecom_e ,unfriendly. Wars on tllis account has been compelled to be paid in gold. I do not know with England are not unknown to our hist-ory. They may occur at that I can present that consideration better-! will not take time to any time. Two great commercial nations llke these, although there go over the statistics-than l>y a brief extract from a. communication are so many reasons why they shoul.d not become. err;broiled, some- of the Secretary of the Treasury which has been submitted to the times on a point of honor and somet1mes on materml mterests, h~ve Senate. He said, under date of January 15, 1875: misnnderstandings, and almost before st.atesme? are aware of 1.t a. The conditions attendinr. this commerce appear, however, to be such as render wM is precipitated. . So with France and so With Germany, w~ICh it of greater value to the U"'nited States, in proportion t<~ its value, tha:~. is usual with couutries similarly situated and producmg s~gar as the leadmg staple. ~o ha-s grown so powerful during the last few years. All these natwns far as the exchange of articles is concerned, there 1s an eqmvalent to be found m are lookin~ t.oward these islands. . . . our export trade for the value of the ~u~r and other articles.imported.. Such i~ not The dominion of New South Wales IS now seekmg t.o make nego- the case with most of the tropical 1slands or su~ar-produc.mg countr1e~ of e1t~er tiations as mv tele(Trams from San Francisco and .e ditorials in the hemisphere. The import trade froru the several possess10ns o~ the East Indies shows larue ag!!l·e,ates received and very small value!l returned m the produce of papers there illform ~e, to take our place in this trea.ty. They w~nt the Un1ted Stat1s." '£he heavy adverse 'baL'Ulce wust be paid in coin. Thus the the commercial advantages of it and they want the m1luence which 5486 CONGRESSIONAL RECORD-SENATE. AUGUST 12; England would have, by means of such an arrangement, in getting whether the gross population is increasing or diminishing; and, if so, final po session of the islands ; and should we have any right to at what rate' complain f For the third time these men have come to us and offered Mr. SARGENT. I think the gross population is dccrea~dng some- this alliance, offered us this power over their island. They came first what on account of the rapid decrease of the native population. when :Marcy was Secretary of State; a treaty was negotiated under They have no home market; they have nothing now to call to them Pierce; but there were then some difficulties growing out of the an- foreign blood, and Americans who go there are not much encouraged nexation of Texas which prevented its consideration. Then again by the existing business. they came under Mr. Seward; a treaty was negotiated by him and 1\Ir. MITCHELL. If the Senator from California will allow me a recommended by him as Secretary of State. At that time there moment, I will answer the Senator from Kansas that the total native arose difficulties with reference to reconstruction and it passed over population in 1832, when the first official census was taken, was 130,313. again; and now it is presented for the third time. If now, after It has now dwindled down to 49,044, whHe the total population to- having gone so far, after it has beensanLtioned by the popular branch day, including not only natives, but all others, half-castes, Chinese, of Congress, after the ratifications have been exchanged between the Americans, Hawaiians born of foreign parents, Bntous, Portuguese, two powers, after their parliament has adopted t.he necessary legisla- Germans, French, and other foreigners, numbers 56,897, a little over tion to carry it into effect, we reject the needed legislation, have we one-third what it was in 1832. any right to complain if they torn right around at ·once and make Mr. MORRILL. The whole population has diminished a thousand this arrangement with the other powers who are anxious for all this a year since 1866. which we would throw awayT I say that we should have no right; :Mr. SARGENT. The effect of the treaty is to encourage Ameri- we should he foreclosed from taking the ground that Daniel Webster cans to go there to make it an American colony, and therefore it will suggested should be taken, using the power of the Government to cost us nothing to buy it by and by, because it will be in our po ses- prevent a consummation like that, because we have thrown away our sion as Texas was in our po ession by the American population sup- advantage, and what right have we to reconquerit by force of armsf planting in infiuence and in numbers the Mexicans or Spaniards, by Mr. NORWOOD. Will the Senator from California allow me to in- this infusion which follows the trade and inducements to go there, terrupt him a momeutf He is dealing in generalities and making making it an American colony. I am now speaking of the prol>ability general statements. I desire him t.o state whether there is anything of it.s falling, at the end of this treaty or at some future time, into the in the treaty that gives the United States control of the Hawaiian hands of another power than those who now possess it; and it is ol>- Ishinds, by which it can acquire them, in the first place. If there is vious that b.v strengthening our own influence there we do not need to not, then I desire him in the second place to go a little more into de- provide, which we cannot now provide for, the annexation of these tail and inform us what the reasons are, commercially, for the posses- islands. I prefer and I believe the people of the Pacific coast and the sion of these Islands if we ever get possession of them, and if we get country generally would prefer that this power should stand as long possession of them how long it will take by the decrease of popula- as it can; that it should not fall into our hands or go into the hands tion, to which he has made reference, in which event the extinguish- of any other power; but when it is absolutely necessary that we ment of the race must take place before we can acquire possession. should take it, then it is requisite that we should be in a position to I desire-- do so. Otherwise we have a menacing outpost to annoy our Pacific :Mr. SARGENT. The Senator has already asked more questions possessions, perhaps in the case of a terrible war to deprive us of than I can remember. them temporarily and to destroy our commerce from the seas. Mr. NORWOOD. The first is whether the treaty provides that we These are reasons which must influence the minds of Senat.ors from shall have possession of these islands f If not, then I desire the cotm- any part of the country, for I suppose we are not so bound up in sec- try to know how much it is going to cost, commercially, before we tional ideas that we can see nothin~ unless it is for the benefit of can get possession of them and how long a time it will take before Georgia or Massachusetts or Califorma. Show me that there is a ne- your possession-- · cessity for some protection against a calamity of any kind properly Mr. SARGENT. I think I understand the Senator's questions. In cognizable by the Government of the United States in behalf of the the first place the treaty does not provide that we shall have pos- State of Georgia, and because I am from California I will not object se sion of the islands. to that. Mr. NORWOOD. Now give us the details. Mr. NORWOOD. That is what I will try to show you. Mr. SARGENT. The Senator need not catechise me. I will an- Mr. SARGENT. I do not believe that we ought to be governed by swer in my own way, and if he will have patience he can talk himself. mere sectional considerations in matters of this kind ; and it is as I say the treaty does not provide for our having possession of these imporLant to the glory of the country that the Pacific possessions islands. I do not desire that the treaty shall so provide. I simply should be savecl as that the Gulf States should be saved. I trust that desire to strengthen American influence there. Tho Senator says I this meru~ure will not be fought upon any sectional considerations. deal in generalities. I have not dealt in a single generality; I have 1\Ir. NORWOOD. Not by me. stated specific facts, the utterances of statesmen; of the location of Mr. SARGENT. Now, Mr. President, I have talked longer than I these islands and their importance, commercially, and on each point intended to do in opening this debate. I have endeavored to present I have been careful to confine myself within matters that the ordi- concisely the two main reasons why this treaty shou.ld be ratified, nary intelligence of Senators makes them aware of. aside from su~h obligationR of honor as may exist upon the Senate to .Mr. NORWOOD. Now- ratify its own work, and I will leave to others to continue the debate, Mr. SARGENT. I have not answered your question yet. trusting, bowever, that the debate may not run au unreasonable 1\Ir. NORWOOD. I was going to tell you what I mea.nt. length, but considering the near close of the session that we ma.y Mr. SARGENT. I will listen to the Senator. come to a vote at an early hour. Mr. NORWOOD. As the Senator sa,ys he has not dealt in geneml- Mr. WEST. Mr. President, I believe it is understood among the iMes, I desire to call his attention particularly to the specialties t.hat gentlemen who will take the adverse side to this proposition that I I made reference to. If the treaty does not provide for our getting should ask the attention of the Senate now to what I wish to say in pos ession of these islands, then they must come in some other way. opposition to this legislation ; and before I proceed in the line of How is that f He says by the extinction of the ra-ce that now occu- argument I have marked. out for myself, I may be pardoned if I make pies the islands. I desire to know in the first place how long it will some brief allusion to the remarks and. the arguments that have take that race to be extinguished, if he has made the calculation. If fallen from. the Senator from California. This morning he takes a he has not, I can give him the information after awhile. Secondly, somewhat wider field than be as umed to ~ccnpy last nigh,t in a brief what is it going to cost this country commercially in the way of the allusion to this subject, and although he says he has dealt in no loss of duties upon rice and sugar before we get possession of these fleneralitiel'l, such is not my opinion, and I have been a very att~ntive islands f lu:Jtener to his remarks. Last night in his earnestness and in his zeal 1\fr. SARGENT. The Senator will unquestionably make his speech in behalf of this measure he appealed as follows to the Senate : before the debate closes; but it is not necessary for him to make it Now, Mr. Pre!!ident, I want to appeal to the generosity of the Senate on behalf in mine. I cannot tell him whether we shall eve.r have to buy these of the people of the Pacific coast that this measure be acted on. islands or not. 1\Iy idea is that our influence will be strengthened there, that we shall never have to pay one dollar, but they will fall He deprecates sectionalism to-day, but be spoke in.-favor of a sec- naturally to us. That is what I expect. The rate of decrease of the tion, and that was his idea last night. natives is something liRe 2 per cent. per annum. The influence of the I know the Senator from Louisiana is o:pposed to the bill. I know that he wants United States is strengthened by this treaty by thes6 close relations, to dellate it, and beat it if he can. That ll:i fair warfare. by the encouragement of Americans to go to the island and settle and There is not a doubt in my mind but what the Senator in his zeal enter int{) b~1siness there. It will be strengthening that in.fl.uence now and in his propor regard for his obligations as a repre entativeof the exercised by those who are there, and which is so great that on three Pacific coast did desire on their behalf that this mea.sureshould be con- occasions, although we have sent them away twice, they have come sidered, but I tell him he is deluded. I shall try to convince him of the to the United States offering us these advantages, although tempting fact. I shall try to convince hiru that he has not spoken thus in the offers were made by foreign nations and ~ere was n •danger they interest of the Pacific coast, but that he ha.s been unwit.tingly leu would be sent away refusep. by either of the other great nations of into a collusion existir6 between the sugar-planters of the Hawaio!an the world. Islands and the refiners of San Francisco, and I shall try to show Mr. INGALLS. May I ask a question f The Senator from Cali- him and I shall try to show the Senate that no possible ad\antage fornia has stated that the na.t.i ve population was decreasing at the can redound to the commercial or the individual interests of the in- mte of 2 per cent. per annum. I ask him to inform the Sebate habitants of the Pa-cific coast. 1876. CONGRESSIONAL RECORD-SENATE. 5487 Now, sir, speaking of the Senator's generalities let me call attention the worse yon are off. Yon cannot get more trade without more pop- to the magnificence of his views of the grand expansion of the com- ulation, and you cannot get more population there without more merce of the country looking to a little miserable trade of 50,000 peo- goods coming to us free of duty. So we start with the proposit1ion ple, looking to.the trade of a population scarcely more than one-tilird to-day that you pay them an annual subsidy, as I shall demonstrate of that of th~ city of Washington, proposing to subsidi;,m, proposing in a very few moments, of $750,000 per annum to get half a million actuaUy to gtvo to a people scarcely more than one-third of the popu- dollars' worth of trade, and the more trade you get the more subsidy lation of Washington an annual subsidy ranging from three-quarttlrs you will have to pay. The whole trade to be gained is $519,000 per of a million to three million dollars per annum. annum. Why, sir, but a day ago, within twenty-four hours, within sound of Mr. NORWOOD. I ask the Senator from Louisiana, if that is the my voice here, some members of the Senate stood aghast at the prop- tot-al trade ? . osition to contribute $500,000 to the population of Washington to- Mr. WEST. The gross ·trade, as I stated, is $1,003,000, omittiniJ' ward the expenses of its government when you own one-third of the odd hundreds, of which 483,000 came from the United State;, the property in the city. And now in looking after this miserable, and $519,000 came from other countries. But under this treaty we this picayune trade-for there is no other word to express it-of this are to l1ave this whole million ; under this treaty we are to get this diminished and diminishing population of the Hawaiian Islands, you $519,000 that we do not get now, and I contend that we shall pay propose to contribute to their benefit an annual subsidy out of the very dearly for it. In the views of the minority in Hoose Report No. cofters of the United States of $750,000, running perhaps up to 116 this proposition is very concisely stated in these words : $3,000,000, and not a farthing less than the lesser sum. This is giving and remitting nearly one dollar of duty to the islanu.s for the Let me ask the patient and earnest attention of Senators here. I privile~e of selling another dollar's worth of products. state this conclusively, and I can demonstrate it, that if you carry out this treaty you will out-Herod every scheme of subsidy that the And it is really '' nearly one dollar," because, according to their re- Congress of the United States has known for the last twenty years. port, the Secretary of the Treasury says the duties received on these Talk about your Pacific Mail; talk about your railroads to the Pacific, articles are 456,777. But if there is not a~mistakein the figures of the your Central and your Union Pacilic; what were they in compa1·ison Treasury Department or the figures of the authorities of the Hawaiian with this 7 The whole people of the United States were benefited Islands, there is a slip somewhere between the Pacific coast and· the by them. They depleted the Treaaury, I will admit, of certain Hawaiian Islands of upward of 1;ooo,ooo pounds of sugar per annum. amounts ; but they cost nothing in comparison with this scheme. I The Hawaiian authorities give the amount of sugar sent to this coun- ask Senators to mark well the whole enormity of this proposition to try per annum at 25,000,000 pounds. The returns of the custom-house give to fifty thousand people, half savage, in the Hawaiian Islands show that we received eighteen millions. There is the difference in three times as much per annum, and possibly six times as much, as the figures of the Treasury Department. I do not know where the you will contribute as your share to the support of the capital of the deficiency occurs, or why it occurs, but I know that the official figures nation. I will refer now to a branch of the subject that comes establish that fact, and I shall have occasion to allude to that in the uppermost in my mind at the moment in conjunction with the re- course of my remarke when I come to t.h e subject of the imminent marks that have been made by the Senator from California. danger. of smuggling from those islands into the United States under Before I proceed on my own line of argument I must answer one the provisions of this treaty. other proposition of the honorable Senator, that the Senate of the Now, Mr. President, can anybody advance one step beyond the United States is bound in honor to carry out this treaty. In article proposition I have laid down, that we are searching and striving for 5 of the treaty it will be observed that an amendment in these the commerce of fifty thonsaud people T I shall speak aa I proceed words was ingrafted upon it, that this treaty shall not take effect of what we have to pay for that commerce more at length; but is "until a law to carry it into operation shall have been passed by the not that the proposition T Is not tha.t what we desire to get t To Congress of the Unit.ed States of America." There was the distinct the political advantn,ges allusion will be made hereafter. But that stipulat.iou. Whether it induced Senators to vote for its ratification is the commercial proposition. Let me repeat, if you enhance their de- or not I cannot say; but there was the distinct stipulation that what- mands and consumption, you enhance their products. If yon pay ever proprieties or improprieties there might be in this measure we more now for their trade than it is worth, the more you get the greater would have in the lapse of time, and during the recess of Congress, the disadvantage to the country. further opportunity to look into it, further opportunity to see its de- One word in reference to the population of these islands. A.lt.houiJ'h fects and to conclude for or against it as experience and observation the Senator from California did not allude to it, I lmve beard it me~n­ micrht indnce ns. tioned, and it is referred to in various official documents, that the in- Now, sir, I say earnestly to the Senate, and in no sectional spirit dustry and the production of these islands will be accelerated by the whatever, it is time for them to indulge in that "sober second importation into its dominions of countless hordes of Chinamen. The th ought " and see whether one branch of the treaty-making power Senator's philanthropy in favor of an oppressed race domestic to the of the Government has not macle au egregious mistake that will come soil to-day scarcely l?-olds good wit.h his protestations so elaborately, home to plague us during its duration. It is said that we sought this so eloquently, so feelingly made to the Senate on other occasiona, when treaty. DiU we not have the honor of entertaining His Majesty the he deprecated the importation of a single cooly to the shores of the Ki og of the Sandwich Islands; and did we not do it at an expense of United States. Bot now, in order to promot.e the interests of this fifty $50,000 f Did we not pay his expenses to come here and make this thousttnd of a. waning race, he is willing to seek for such political treaty for himself Y Have we not bad the earnest a.nd solicitous guard- advantages through a treaty with the United States as will lead to iausllip of'' Ron. Elisha H. Allen, chief just.ice of the supreme court an importation to those shores that will make those islands the home of the kingdom, member of the privy council of state, his majesty's of slavery on the Pacific coast. Is that our policy Y Does the Sena- envoy extraordinary and minister plenipotentiary to the United tor believe that we can Arne ricanize them or attempt it by such a States of America," a title that, coming off the stomach of a constitu,- policy T ency of 50,000 people in those is lauds, almost takes one's breath away. Mr. President, there have been three sources of information avail- Bnt the honorable gentleman has been here; he ha-s been extremely able to us, anxious inquirers for intelligence and knowledge, as to the solicitous in this behalf. I take no exception to that; but I think true condition of the Sandwich Islands. One of these sources bas tl.lat when the interests of 50,000 people here are represented by a been the book of Mr. Noidhoff, entitled Northern California., Oregon, gentleman bearing such high-sounding titles!. it is quite as well that and the Sandwich Islands, published in 18i4. One other source of we should go under the surface of his titles ana see what kind of a bot- information is the Commercial Relations of the United States trans- tom he stands upon. mitted to Congress by the Secretary of State, and the third is the :M.r. President, one word about this magnificent commerce of which honorable and very much esteemed gentleman whom I had occasion we are in great danger of being deprived by the adverse interposition to allude to in the OJ>ening part of my remarks. In whatever I said of some other power jealous of our supremacy. The data in recrard then I intended no personal reflection upon the gentleman. I have to that commerce are profuse and voluminous, but a concise refer~nce the highest esteem and regard for him; but I could not help think- to them from ·official and authentic documents should serve to en- ing of the ela.borate title with which he was clothed on behalf of such lighten the Senate. I read from a statement furnished by the pro- a very small constituency. In our references to that gentleman, in the moters, ~he abe~tors, the advocates of this measure, and therefore efforts that members of this body, myself among the number, have necessanly offerrng at least the most favorable presentation of the made to obtain from him information as to the true condition of af- ca e: · fair,a in thooe islands, their capacity and their extent, I must say ihat we have not met with any very great success. Whether this is owing . The toW yalue of articles imported into Hawaiian !&lands, included in the treatw to the fa~t that the gentleman in his official capacity at home occupies of 181i6, which are proposed to bo admitted into the Hawaiian ports free of duty a~ounted to Sl,003,424.86, of which ~483,711.76 came from the United States, and the supreme bench of that somewhat limited kingdom and has not 6519,713.10 came from other countries, but under suoh a treat:v, with its advnntaO'es the opportunity of informing himself throughout as to the condi- fa•o1ing American productions, most, if not all, would oome from the United tion of affairs t.here, or whether it is owing to the fact that' he has States. been, as I understand, mostly engaged in the last five years in very There is the great bait that is held up to the Congress of the United diligently p~ecuting this measure before the Congress of the Unit-ed States; a trade of half a million dollars per annum as a temptation States, I arli""not prepared. to say; but it is unquestioned that if his fur us to embark upon a scheme that is, as assumed, to be beneficial information is not limited that our extracts from it have been oi an to us. exceedingly brief character. I know very well, Mr. President, that the argument will be in- Mr. MITCHELL. I suggest that the fault I think lay on the other stantly that if you make this treaty you will p;et more trade. Unfor- side. . tunately it is a losing game from the start. The more trade you get .Mr. ·wEST. Will the Sena.tor be kind enough to explaiu' 5488 CONGRESSIONAL RECORD-SENATE. AUGITST 12, Mr. MITCHELL. We may not have been anxious to receive his The Chief Clerk read the joint resolution (H. R. No. 1) proposing instructions. an amendment to the Constitution of the United States. Mr. WEST. I will only say that there was a much greater anxiety Mr. SARGENT. I call for the regula.r order. to receive instruction than there wa-s to impart it. It may be our The PRESIDENT pro tempore. The third reading having been ex- capacity for receiving that instruction is not limited to the gentle- ecuted, according to order, the joint resolution proposing an amend- man's qualifications for imparting it, but we certainly manifested ment to the Constitution takes its place upon the Calendar. The more zeal t-o acquire than he did to impart, at all events. regular order is now before the Senate, and the Chair replaces the I wish to lay down the details of the proposition to which I alluded Senator from Louisiana upon the floor. at the outset, confining myself to one article of production of those Mr. WEST. Is there to be no further proceeding onder the order islands, and leaving others to speak of and demonstrate what must of the Senate T result from other articles. From all the authorities we have we find Mr. EDMUNDS. We have executed the order of the Senate and that the sugar interest is the main producing interest of those islands. cannot do anything more until we take it up, which we shall try to .Mr. Nordhoff speaks of it; in the Commercial Relations it is alluded do presently. · to; the total export of the islands to the United States of that article is MESSAGE FROM THE HOUSE. given in the quarterly report of the Bureau of Statistics ending Decem- A message from the House of Representatives, by l\1r. Q. M. ADAMs, ber 31, 1875, at 24,000,000 pounds. In the same book the !l:~~ega.te ex- its Clerk, announced that the House had agreed to tho report of tho port from the Hawaiian Islands is put down at 25,000,uuu pounds, so committee of conference on the disagreeing votes of the two Houses that almost if not the entire quantity of the sugar of the Sandwich on the bill (H. R. No. 1594) making appropriations for the consular Islands comes to the United States. and diplomatic service of the Government for the year ending June A word as to the capacities of those islands; and on this subject I 30, 1877, au~ for other purposes. wish .to dwell emphatically, I wish to cite from authorities, and I The message also announced that the House further insisted upon want to show to the Senate the exact information which we have its disagreement to the amendments of the Senate insisted upon by upon the subject of the extension of the sugar culture within their the Senate to the bill (H. R. No. 3478) making appropriations for the limits. Mr. Nordhoff, first, in speaking of the fertility of the islands, current expenses of the Indian Department and for fulfilling treaty on the suoject of spgar culture says: stipulations with various Indian tribes for the year enuing June 30, J'he common custom is t~ take off two crops and then let the field lie fallow for 1877, and for otJ:ter purposes, agreed to the further conference asked two years; but where they irrigate even this is not always done. There is no jects to this body. It finds its earnest advocates among the representatives the printing and demands tbe reading. 'rhe Senator from Minnesota of that coast which can·onlysee advantage and profit to their section moves that be be allowed the privilege of printing-- in it. It finds further advocates and supporters in the friends of the Mr. WINDOl!. In the Co~GRESSIONAL RECORD. Administration, who would dislike to reject any measure that meets The PRESIDING OFFICER. The Chair is not familiar with the the encouragement and the support of the Chief Executive. Sir, I rule that obtains in the Senate, bu~ in other legislative bodies it say that the friends of this Administration. I say that the friends of woulcl. be for the decision of the body. The Chair, unless there be the republican party in this Chamber should beware how they fasten objection, will put the question on the motion of the Senator from upon the ci Yil administration of this country a measure that will come Minnesota. home to plague them, and that cannot be supported and suRtained The question being put, the motion was agreed to. before the American people under the light of inevitable experience. Mr. WINDOM. I am much obliCTed to the Senate. I say to Senators here and I say to my fellows on this side of the Mr. SAULSBURY. Before the §enator proceeds I should like to Chamber that there is danger in this thing; that it means the gross- make an inquiry of him. Itisveryevidenttbatitwillnot be a great est, the baldest, tho most extravagant subsidy in behalf of a peculiar while before there will not be a quorum in the Senate Chamber. I and special interest that ever -was passed by the Congress of the United understand that there are several conference reports that might be States; that the commercial advantages are insignifica,nt; t.hat you submitted and acted upon. · I want to inquire of tbQ Senat-or from are asked to give from a million and a half dollars to $3,000,000 to a Minneso a w betber there are not some conference reports which might foreign people scarcely. numbering more than one-third of the popu- be presented. . la~ion of this city, when yon hesitate aml you cavil and you demur at Mr. WINDOJ.f. The remarks which I shall make now after the an annual appropriation of half a million to maintain a decent gov- Senate bas consented that I may publish the tables will not take; I ernment in a city where yon own one-third of the property. think, more than an hour, and probably not that long, and there will Mr. President, I call upon the Senate to pause before it takes this be no conference report-s ready to act upon in that time. I have nnforturutte step. If the propositions that I have laid down can be chosen this opportunity so as not to delay the action of the Senate on controv&ted, I shall be most happy; but I tell you you are ingrafting the conference committee reports. I would otherwise have pre- on your legislation now a scheme more reprehensible in its nature, in ferred to make my remarks in submitting one of the reports of those its effects, and in its results, than- clouds the legislative history of committees. yonr country for the past twenty years. Pause, I say to you; stop Mr. DAVIS. I take it that the Senator from Minnesota will refer now and give us further opportunity to lookintothisscheme. \Yhat to the tables that he wishes to have printed. will be the great disadvantage or detriment if you have a few months Mr. WINDOM. I will state what they are; and now I will say more to dissipate the ideas that some of us have. in regard to it and that having prepared my remarks so that I might not take too much let some intelligent emissary of the Unitocl States go there and pro- time of the Senate, I shall decline to be interrupted until I conclude pound the question on our behalf whether it is policy to pay $3,000,000 a them, and I will say to Senators who may have ru1y doubts as to the year for a lease of the islands, and euch a leaae! A lease out of which truthfulness or propriety of what I may say, that if they will make yoU: will get no benefit, a lea-se through which you will make the a lit.tle note I shall very gladly submit myself to cross-examination lessee wax fat and strong and more able to resist your advances. when I have concluded,·but not before. I recognize the importance of making these islands an inher~nt part Mr. BOUTWELL. When the examination-in-chief is over. of our republic. I umlorstand that, and I say t.hat in my opinion now Mr. WINDO).L Yes, when the examination-in-chief is over, as su~­ lli tlw right time to strike, now is the :lit time when, trembling in the gcsted by my friend from Massachusetts. 5492 CONGRESSIONAL RECORD-SENATE. AUGUST 12, Mr. President, my object in asking the indulgence of the Senat.e at with the cost of the pyramids. The amount credited to democratic tllis time i~:~ to correct a grossly erroneous and exag&erated statement economy by this error, not to characterize it by any harsher term, is which bas been frequently paraded on this floor ana elsewhere. The $4,032,212.44. statement to which I refer has been embodied in tabular form, and Second. In omitting to charge against the House appropriations the is doubtless designed for USI3 as one of the chief weapons of aggres- sum of $1,500,000 for the centennial exposition. The sum of 505,000 sive w:.trfa.re in the presidential contest. My purpose is to demon- appropriate~ b_r la.st Congress for thm; purpose is charged aga.inst stn te as clearly as I can its fallacy and falsity, so that no one shall the appropnations for 1876, but the amount appropriated for same hereafter employ it without knowing that.his weapon isf::tlsehood. purpose by t.he present House of Representatives is wholly omitt d I wHl present the table referred to, so far as it relates to the appro- in their table. Therefore the additional sum of 1,500,000 must be priations for the fiscal years ending June 30, 1876 and 1877, and the charged to House bills for the year 1877. reductions which are alleged to have been made by the House of 'fhird. Omitting to charge against House appropriations for l 877 Repre entatives. the sum of $1,807,858.0~ "unexpended balances" which would ha'e been covered into the Treasury, had they not been made alive again Statmneut as published in HottSe of Representatives showing alleged reduc- by the House bills. To appropriate money without naming the tions in tl!~ approp1·iat-ions 11tade by the House bills for the fiscal year amount is bad legislation, and for several years has been discounte- ending Jm.te 30, 1877, frorn the approp1·iatim1s 111ade fm· the fiscal yec,r nanced by both Houses. This year the committee of the Housedogup all ending June 30, 1867. the olcl "unexpended balances" they could find and re-appropriated them, without naming the amounts thus appropriated. Hence the Abpropriation Reductions be· sums charged in tlle table against the year 1877 in second column are ~propriatio n s ills as passed low appropri- less than were really appropriated by the sum of 1,807,858.02, which Bills. lear or the ending une the House for the year end- ationsforthe should be added to them. in~ Jtme 30, year ending Fourth. There are other errors in the table in not chargina up to 30, 1876. June30,1876. 1877. the appropriations for 1877 tbe sum of $"200,000 for forts on the Yel- lowstone, 200,000 for the Washington Monument, an indefinite ap- 1364,740 00 $236,241 00 $133,499 00 propriation, amounting to about $500,000, for mints :rod assay offices, Military academy .•••••••••. Pension bill . ................ 30, 000, 000 00 29, 5.13, 500 00 4G6, 500 00 and the sum of $200,000 for paving Pennsyl van ill a venue. The amounts Consular and diplomatic .... 1, 374,985 00 912,747 50 4G2, 237 50 appropriated last year for purchasing site for a fort in Texas and for Fortification bill ..........•.. 850, 000 00 315,000 00 535, oco 00 a monument to Farragut were all duly charged to the la-st Congress. ~gis_l~tive, executive, and Why should not amounts for similar purposes be charged to the pres- JUdJcial ......... .. ....... . 18, 90-2, 236 99 12, 998, 815 61 5, 903, 421 38 Rtver and harbor bill ..•••.•. 6, 643, 517 50 5, 872, 850 00 770,667 50 ent Congress f Deficiency hill .............. . 4, iO:I, 699 1~ 671,486 74 4, 032, 212 44 The aggregate of these corrections amounts to $8,440,070.46, which, Post-office bill ............... 37, 524. 361 00 33, 739, 1O.ssarily the number of unemployed people, and benco to aggra- guilty of extravagance by showing how much less a democratic vate the general distress. In the second place, it is to intensify the House could appropriate. The impression designed to be produced public distrust by advertising to every body who looks upon these was that these "reductions" are a real "saving" of money to the desertecl works, that the nation itself is in failinl> circumstances. Treasury. I propose to show that reduction in appropriations does No, Mr. President, this is not "economy!" It IS not a ''saving" of not always mean economy, and that in the case under consideration public money! It is at best but a mere postponement, which may serve . bnt n. very small part of the boasted retrenchment can by any pos- a political pnrpose by reducing for this year the aggregate of appro- sibility be called a saving. priation bills; but it is not statesmanship. The character of these reductions will appear .in the following ta- For light-houses, beacons, and signals the apparent ''saving" is ble, which has been prepared as a general summary of the tables $585,200. These are all required for the safety of our commerce on which will be appended to my remarks: the ocean and the great lakes. They were estimated for and urged Statement slwtving the chamcter of the reductions constituting the difference they by the Light-House Board. No person doubts their value or that between the amount of the appropriations for th~ fiscal year 6nding June fore only will be provided for hereafter. This alleged u saving" is there- 30, 1876, a1td the amount provi®d by the House bills for the fiscal year American acitizens postponenwnt, probably at the cost of life and property to en.ding June 30, 1877. engaged in commerce. The wants of commerce were of less importance, however, in the estimation of the House of CHARACTER OF REDUCTIONS. Representatives than the political ends that were to be subserved by Postponement of appropriations . .. . . . . . . . . .. . . . . . . . . . . . . .. . . . .. .. .. 15. 086, 791 82 a spurious economy. A large reduction must be made at all hazards, Withheld for deficiency bills...... .. . .. . .. .. .. .. .. .. .. .. .. . . .. .. .. .. 7, 697, 483 96 ·and commerce must wait until after the.election. Failure to provide for the public service . . . . . . . . . . . . . . . . . .. . .. . .. .. . 6, 239, 577 30 Reductions attributable to Departmentestimates.......... .......... 2, 037,855 56 For surveys of the public lands the amount of "saving" is put Completed works, requiring no appropriation. ..... ... .. ............. 2, 611, 768 48 down at 647,390. Of course these lands are to be surveyed in the Appropriations which ta.ke no money out of the Treasury. . . .. .... . . 302, 165 00 near future. To refuse to do so now is rank injustice to the new Repudiation of national obligations.......... .... .. . ...... ...... .. .. 1, 611,000 00 Denial of appropriations for the national defense.................... 5, :153, 990 00 States and to the hardy pioneers who are pushing the van of civiliza- Miscellaneous reductions ... :........................................ 4, 544,19-2 91 tion into the wilderness. The amount whicb should have been ap- propriated is merely postponed until next year. Teta.l. ........................................................ 35, 484, 825 03 The character of the other items postponed, amounting with those ADDITIONAL AJ\'D INCREASED APPROPRIATIONS MADE FOR already named to $5,085,791.02, will be seen by reference to the fol- THE CURRESI FISCAL YEAR. lowing table, and more particularly by referring to the detailed state- Unexpended balances re-appropriated................. $1,807,858 02 ment which is appended to my remarks. To call any portion of this Increased appropriations .. .. .. .. .. .. . . . . . .. . .. .. . .. .. 1, 482, 779 63 an a.ctual saving of money to the Treasury is simply absurd: Centennial approprntion ... . . . . .. ... . ... .. ...... ...... 1, 500,000 00 Fort'! on the Yellowstone River . . .. .. .. .. .. .. .. .. .. .. • 200, 000 00 Staterrtent showing the amount of appropriations postponed for the action Washin~n Monument............................... 200,000 00 of Congress in. the ftttztre. Paving renn ylvania avenue. . . . .. .. .. . . .. .. .. . .. .. .. 200, 000 00 Indefinite sum formint.s andassay offices-about...... 500,000 00 Tot,a,l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 890, 637 65 Net reductions in House bills as effected by above-named expedients 29, 594, 187 38 Object. CHARACTER OF THE PRETENDED ECONOMY. I will expla,in more fully these characteristics of the several reduc- tions mentioned in the last table, and if I am not greatly mistaken they will il1ustrato the fa.ct that a mere" reduction" in appropri- POST·O~'FICE BILL. ations does not always mean a" saving," and that while the appro- priation bills of this year aa passed by the House of Representatives are i_n the aggregate 29,594,187.38less than for the same branches of FurniFore1."turemail~rtporansst-o .gn P'0 ffi~stio·n·· ...··..··.·.·..··.·.·.·.·.·.·.·.·.·.·. ·.·.•.·. ·.·. ·..··..··. ·. 1 ""' 10 36 the service last year, the actual "saving" to the Treasury is not one- Mail-bags and catchers · · · · · ·· ····· ·· · ·· · ···· ·· · · · ······ · · · 19 fifth of that sum. They will also show that the blind and reckless Distributing agents and assistants ... ···· ...... ············ ~ manner in which the public service has been maimed and mangled ToW ...................................................... . 126,300 00 may result in losses and damage to the public interest much greater than the real saving. The true character of these reductions will be NAVAL BILL. best appreciated by closely observing the means by which they are Drawing and printing charts, sailing directions, &c........ 18 10, ooo oo effected. Repairs of naval Hospitals and naval laboratory . . . .. .. . . . . 45 10, 000 00 EXPEDIENTS RESORTED TO BY THE HOUSE OF REPRESENTATIVES. . :: ~:~; ~~~:~~r~~~~ ~::: ~ ~:: ~:::::::::::::: ~:::::: ~ Some of the expedients employed to accomplish the boasted reduc- Repair of barracks and rentals · ·· · · · .. · .. · .. · · · · .. · · ..... · 67 _ _s,_oo_o_o_o ~~ ~: ~~ ~ tion are embraced under the following heads, viz: Total ....................................................... . 37,522 00 1, PO TPO:-.'ElfJL'lT UNTIL NEXT YEAR OF VARIOUS NECESSARY AMOUNTS, SUCH AS FOR PtrnLIC BUILDINGS AND OTHER WORKS OF IMPORTANCE: AMOU:8T1 $5,086, 791.82. ARMY BILL. For public buildings under the Tr~nry Department the House bills Construction and repair of hospitals ...................... . 38,505 58 appropriated $2,645,160 less than was appropriated last year, and this Saddles, tools, &o., cavalry service. ...................... .. 20,000 00 snm enters into the grand total as a saving. Is it anything more Total ....................................................... . 581 5n5 58 than a mere postponement T The buildings are needed. They are now under process of construction. In some cases, notably that of the SUNDRY CIVIL BILL. Chicago custom-house and post-office, there is no money to roof them, Go~ernment Hospital for the Insane ...................... . 12 28,928 46 anc1 serious loss will be incurred. It is true that at Chicago there is an Public buildin$S under Treasury Department ............. . 20 2, 701, 393 99 unexpended balance, but I am credibly informed it is not available Light-houses, uea.cons, and signals ........................ . 22 535,200 00 Surveys of lakes a.nd Mississippi River ...............•.... for roofing the building. In other cases foundations are be~un, but Buildings 24 50,000 00 and ~unds at Washington . .................. .. there is nut money enough to bring them up to the level with the Improving Capitol grounds ............ _.................. . 25 89,750 00 27 100,000 00 streets so that the grading may be done and the gas a,nd water pipes Coast Survey ....... _..................................... . 32 226, 60l) 00 ba put in order. Heating, ventilating, and hoisting apparatus for all bnild- The amount appropriated by the House bill is not large enough to Vamts, in~s under control of Treasury Department ............. . 40 100,000 00 safes., locks, and repairs thereof ................... . 42 25,000 00 continue these works economically, and hence money will be wasted instead of saved. The Government is paying large sums for rent of ~~?s~~~r:!N~ct-:~~e~~;;~e '&d{n. ~~ie~ -~i ·p~bii~ i~d.~ · 63 647,390 00 64 1i1, 981 79 buildings in various places, which might be saved by tho completion Temporary clerks in 1.'reasury Department ............ .. . . 77 0(), 000 00 of those now in progress. There will be money enough in the Treas- Maps of survey of Territories ........................... .. To pay clerk ol Committee on Private Land Claims, Senate. 66 40,000 00 92 2,220 00 ury this year to prosecute these works with reasonable vigor and economy, and the only qnestion is, shall it be applied to proper works Total . .. .. .. .. . .. .... .. .. .. .. .. . .. .. .. .. . .. .. .. .... .. . . .. . .. . 4, 834, 464 24 of public improvement or used in reducing the national debt f MILITARY ACADEMY BILL. Labor and material are cheaper than they have been for many years, and it. is to be hoped cheaper than they will be in the years to come. Hospital ......................... ... .. ............ -..... -.. 26 30,000 00 Is it not true economy for the Government to avail itself of these ad- 5494 CONGRESSIONAL RECORD-SENATE. AUGUST 12, - SUMMARY. • Statement shou:in!J the mnounts withheld fron~ the appropriation bills paMcd Post-office bill ...... ----··-···-·····- ...... --·············· ........•. $1:!6, 300 co by the House of Represen.tativeiJ, bu.t whioh nmst be provided for in tle- Naval bill ........•. : ................................. -··-·---······- ~· ~~~ ~ fiden<:y bills q.t next session of Congress. ~t~~1~~i~~::: ~ :·: ::::::::::: :::~:: :::::::: ~:: :::~: : ~:: 4, B34: 464 24 30,000 00 Total _.. _.......••. _.... . . . . . • . . . . • • . • . . . . . . . . . • . . . • . . . . . . . . . . 5, 000, 79l ~2 2. DY WITHHOLDING APPUOPitlATIOXS AT THIS SESSION TO DE SUPPLIED llY DEFI· Object.. CI.B..\'CffiS AT NEXT SESSI0::-1 OF CONGRESS: AMOUNT, "7,697,483.96. The Ilouse bilh~ appear to have bcou fra.med for the express pur- pose of ~reating deficiencies. The object to be gained uy this expe- dient is obviou . It will make a flattering e:xhiuit of the economy POST-QFFICE Bll..L. of this Congress in comparison with the last, and if large sums with- held can be appropriated ne:xt winter the presidential election will Rent, fuel, and light for post-offices .........•......•. ··-··- 8 $60,000 00 thou have pa,ssecl, and the majority in the House of Representatives Miscellaneous items .... -••. -. - . . . . . . . . . . . • . . . . . . . . . . . . . . . . 1L 50, 000 00 will have had the benefit of pretended economy during the canvass. . r----·--- It does not comport "·ith common honesty to assert that such" re- Total·-············-··········-···--·-··-·········-·· ··-·-··· 110,000 00 ductions" are in any seuse a ''saving," or to employ such an expe- &\.VAL DILL. dient to show that this Congress is more economical than the last. The true measure of this alleged retrenchment cannot be taken until ~n: g;n~t:;.r~~k~: &~~: ::::::::::::::::::::::::::::::::::: 1 500,000 00 13 4, 000 00 Provisions for theN avy ..............•.•................... _ 48 314, 000 00 the ne::\..rt session shaU·have expired aud the la.rge deficiencies which W<~tor for ships ...... . -- ... ---· ................... ___ ..... . 49 10,000 00 must be provided shall be known. 0ontingent expenses of Bureau of Provisions :md Clothing._ 50 15,{)00 00 To illustmte, take the matter of public printing, for which there was appropriated last year $1,6G5,507.66, and by the Hon e bill only Total ....•..•••• - ....•............•....•.. _.. • • . . . . . . . ... _... 843,000 00 $1,134,105.50. It is well known that there was no considerable" un- ARMY Dll..L. expended balance" at the end of last year; it is equally. well known that the cost of the printing for the current year which bas been and Rcoruitin.~ for the Army ...•........•.•..•...• _•..••. _. _... 2 30,000 00 will be ordered by Congress will oe in excess of last year. The nu- Subsistence of the Army ........................... _.....•. Supplies for Quartermaster's Department ...........•.••.. _ 6 ·7 575, G44 00 889,:132 07 merous investigating committees of the Honse which have been in Incidenta.l expenses of Qua.rterwa,ter's Department.·--··· 8 4()0, 000 00 session for the last six months, ransacking jails, penitentiaries, and Horses for cavalry, &c ....... ......•....................... 9 1!).), 215 J l lunatic asylums, ani delving into the slums and sewers of society in Transportation of the .Anny ....•. _.....•.........•........ 10 I, 182, 1!)5 35 Hireof quarters ........................•...........•...... search of .evidence against republican officials, will ::tll waut their evi- Clot_hing, 1L 622, 1'14 4il cawp-eCluipage, &c .•• - .•......•...•. -··--·· •..•.• 12 1, 061), 718 7'.) dence and reports printed. That alone will immensely increase the N atwnal cemetenes ........ _..... ; ••....• _•.....•..•....... 13 2;). 000 00 expenditure for public printing. And yet in the face of these facts llospi.tal ~d medical supplies .. _...•.........•........ _... 16 40,000 00 the House bills appropriate $531,402.16 less than was found l'lecessary Metallic ammunition for small arms ........... _.••• _.••.••. last year. This too is called a "saving," and constitutes a part of the 21 , _____ 25,000 00 Tot.al .... --.- .... -....• ·- ...••• ··- ... -----·. ·-.. .•. . . . . •.. . . . 5, 051, 2!>9 80 grand aggregate. The folly and demagogism of this reduction are proven by the fact CONSULAR AND DIPLOllATIC BILL. that before the preseut session could adjourn we were compelled to CharJJ;es d'affaires ad intr.rlm. _. _. _... _.• _..••...•.••....•. _ 12 20, 1'00 00 vote a" deficiency" of over $100,000 for printing Agricultural Reports, Contingent expenses of foreign intercourse-·-······-······ 20 50,000 00 the amount allowed by the House bills for congressional work having been substantially exhausted in the second month of the fiscal year. Total-·······-···-···································.----··· 70,000 tO For "mints a.nd assay offi~s" the reduction from lat;t year's appro- INDIAN BILL. priations is $410,0:35, and thH! in view of the vory largely increased 27 50,000 00 service tl.Ja~ will be demanded of the mints by reason of the laws re- Apaches·-··--··················-···-··················-··- quiring additional silver coinage. It must have been intended either SID.'DRY CIVn.. DILL. tllat the law shall not be complied with or that a large deficiency shall be provided when Congress shall meet next winter. At least J~~~:~y~~ -~~~~-:::::::::::: ~:::::::::::::::::::: 4,5, 6 12 ::::: 531.402 15 516,200 00 $200,000 more will be required this year than last. The reduction ------ upon this item proves conclusively tbat not economy but small ap- Total ............ -·····-····--···········-·-········· ......• 1, 047, G02 lG propriation& was the design of the House bills. Every piece of silver LEGISLATIVE, EXECUTIVE, AND JUDICIAL. or nickel coined at the mints yields a large percentage of profit to the Government, and hence the more business we can do the greater Contin):rent expenses of S4}na.te _..•............• _.......... . . 3 G!l, 750 00 will be the profit to the Treasury. Withholding the sums necessary, Reporting debates of Senate .............. __ ....•......... 4 2, 500 00 as the Honse bills have dono, is to curtail the operations of the Gov- Mi?ts Contingent expenses of House of Representatives .... _.... _ 8 43,297 00 and assay offices ......•..••...... _.................. _ 1G 410,035 (\( ernment in a profitable business, and thereby work an actual loss to the Treasury. Total .........•...•....... ···-·· -····-··· ....... _--· ... .. _.. . :>25, 5 2 00 For "judiciary expenses" the reduction is $516,200. This was done in face of the fact that a deficiency of $100,000 for last year is re- SUM!!ARY, quired. There is no rea-son to suppose that a less sum will suffice tb is year, and hence a deficiency bill of from it \·e to six hundred Post-affice llill ............................•.•........... -·· •.. _.. • . . . $110, 000 00 Navalbill............................................................ 84:3,000 00 thousand will be •oted next'winter. Here is anot.h er half million .Armybill .................................•....... -•...•........••... 5,051, 2!19 80 which f?Oes to the credit of democratic economy, which should rather Consular and diplomatic bill.... . . . • • • . • . • • • . • • • • • . • • • . • • • • • • • • • . • • . • 70, 000 00 Lo credited to an artful dodge or a false pretense. Indian bill........................................................... 50,000 00 Iu the Army bill alone the reductions would have created "defi- Sundry civil bill ................. --- .............. ·-···········-··- 1,0H,G02 16 Legi..<~lative, executive, and juilicial bilL •••.•••.•.• ~..... . • . . . • • . • • • . 525, 582 00 ciencies" of over $5,000,000, even under the circumstance& which ex- isted last year. To make such reductions in the face of a threatened TotaL .•.......•... -·······-········-························-- 7,697,483 !16 general Indian war is wholly inexcusable. To thus expose the frontier to the merciless savage for the sake of making political capital can 3. TOTAL OR PARTIAL FAJLUI'..E TO PROVIDE FOR DIPORTANT BRANCHES OF TilE PUll· LJC SEltVICE: AliOUNT, $6,239,577.30. lmrdly be pardoned, even on the ground of partisan extremity. The House of H.eprese}ltatives has already conceded in conference that a The notable omissions of this character are the total failure to large portion of this reduction was inexpedient. And before the close provide for the Indian Bureau, the Bureau of Military Justice, the of the session wo will be compelled to vote several millions for a de- Office of the Signal Service, and many other branches of a Jess im- ficiency, which it was expected could be deferred until after the portant character. The amount of pretended. savings by these totaZ election. In this case, as in that of public printing, the cloven foot omissions to provide for the service is about $300,000. Such econ- cool(!. not be concealed, oven for sixty days of the fiscal year. omy is quite too modest. Why not save the entire expenditure For pay and provisions of the Navy, which are fixed by law, and by omitting all ·appropriations 7 The principle would not be differ- the sums required, the subject of almost exact calculations, the aut, and by that'Dleans an astotmdingeconomy of a hundred millions amon:uts withheld for deficiencies aggregate $814,000. might be shown. Such an exhibition of democratic frugality might But I must not stop to enumerate all the items of this character, be expected to take tho country by storm next November. amounting in the nggregate to $7,697,483.96. They run through all Let me very briefly mention a few of the more important branches the bills, and are so numerous as to justify the conclusion that if of the public service that have heen crippled by this expedient. those bills were framed upon any principle at all it was upon the Inland mail transportation shows an apparent saving us against principle of dodging· responsibility at this session by providing for tho appropriations of 1a76 of $1,948,000. As compared with the aotual large deficiencies. at the ne:xt. By this expedient it was not difficult, expenditures of last year tllis is not even a reduction, for the amount to make a flattering exhibit of ''economy" in comparison with the expended under t.his head was 91,302 less than the snm appropri- bills of last year, which hone tly appropriated the amounts required ated by House bill this year The amount appropriated by the House for the public service. I submit a table showing the reductions which would have been enough for the service which was required last. year, will have to be maue up by deficiencies next winter: but will not meet the increased demands of the service. The conso- 1876. CONGRESSIONAL RECORD-·SENATE. 5495 quence of the failure to make sufficient provision is already seen in Staternent Bhowing the amount of reductionB in appropriationB for the cu1·- tile stoppage of tlle fast-mail trains, and will be further apparent rent jiBcal yea,·, due to the total or pa1·tial failu1·e to provide for impor- before the close of the year, either in a further curtailment of service tant brancheB of the public Bert ice. or in a deficiency bill at next session. As against the expenditures of 1876 not a dollar of this large sum can be credited to democratic econ- omy. Iu the consular and diplomatic bill we· have reductions, arising from failure to provide for the service, amounting to $274,100. Nearly Object. the whole of this reduction is due to the curtailment of ourforeignserv- ice or to the reduction of salaries already below !ihose of many of the / weakest nations. Cutting down the salaries of our foreign represent- atives, who are now unab1e in many cases to live respectably at the courts to which they are accredited, is simply a national disgrace. POST·OFFICE BILL. Withdrawing representatives from other countries with whom we Mail depredations and special agents . _•. ___ •.•.••• _•.• _•. _ 21 $50, 000 ClO haYO important and growing commercial relations is an act of folly, Inland ruail1 ra.nsportation .. _- __ •...•.•.•••••.•...••..•••. _ 12 1, S4t!, 000 00 aud yet by both of these means a considerable "saving'' has been Fees for attorneys, clerks, &,c_ •••••••••••••••••••••• _. _. _. . 32 · 7, 500 00 eftected by the House of Representatives. In 'the revenue-cutter service an apparent saving of $280,231.21 was made, partly by appropriating an unexpende(l balance and partly ToW •••••••••••• ~~~:.;: ~- •••••••••••••••••••• ··I·...... -2-,00-:>, 500 00 by failing to make the necessary appropri:ttions. This service is the right arm of the Treasury Department in the collection of customs. Civil establishments at navy-yards _........... _.••••••.• _. 3 $73,000 00 Expenses nautical almana-C.--·---···-·······-·-·.-··-···-· :M 5, 000 (!It To cripple it as .proposed by the House bill is to incur the risk of los- General maintenanco of navy-yards. ______ .••••••.••. -· •••• 41 321), 000 00 in~ thousands of dollars for every dollar saved. Civil establishment of hospitals. __ ._. _____ .•. _••. _... _... __ 46 10,000 00 The same remark may be made with reference to the item for col- Contin~ent expenses of hospitaLs _. ____ . ,-_ ••••..•••• . .••••. 47 10. ooo on Protection o~ timber lands .• _.•.•.•.•••. _._ •••. _••• __ •.•••. 52 5, 000 (!0 lecting internal revenue, in which a reduction was made below the imperative demands of the service amounting to $836,340. Had not ----- 423,000 00 Total- ••. ······-··-_-·-······ ···-···•···-· ••.••••••• _ the Senate insisted upon an increase of the House appropriations, I ==== have the authority of the Secretary of the Treasury and the Com- ARMY BILL. missioner of Interna.l Revenue for saying that the loss of revenue Ordnance service ____ ,_;,--··--·--···--···· .. -·······-·-·-- 20 25, coo 00 Manufacture at national armories of new breech-loailing resulting from inadequate provisions for its collection would have mnskets and carbines .••••• ___ •••.••••• __ •• _••. __ •.•••••. 27 50,000 00 amounted to very many times the pretended saving. The items of reduction under this head are so numerous I must con- Total_, __ , ........................................... ··-···- 73,000 00 tent myself with naming only one more, which though small in amount CONSULAR AND DIPLOMATIC BILL. illustrates better than any other the animus of the House bills and the spurious character of the whole pretension of economy. Though Diplomatic officers to twenty-one of the principal commer- cial nations . ____ .. _____ . __ . __ . __ . __ . __ •.•.•• _•• _••.•.••• - 1-6 48, 5oo r.o the amount saved is only $6,000 it may result in losses to the Treas- Ministers to countries in South America .. •. _••.•••••.••• _- ury which can only be measured by millions. I refer to the r~fnsal 7 40,500 00 Minister to Greece.-----·-·-····---·---·---·····-·······--- 8 7, 5GO 00 of the House to appropria.te anything for the examination of rebel Minister to Central America . .•... _._ ..•..•. .. . _•.•.. -•.••. 9 3, !lOO 011 archives. Minister to Ha.vti.. _- ·-- _-· ··-··· ·-···· __ ---·· .. ----. ·-- -·- 10 7, 500 00 The Treasury and War Departments are in possession of immense Secretary of legation to Japan .••. _•. ____ .. -•.. _--. --...... 15 2, 000 00 Secretary of les-ation to China .. -----·---·-._ .. . ---·-·-···- 17 1, 000 00 quantities of papers taken from the southern confederacy which fur- Consuls.genera.J. and other consular officers, clerks, &c. _. _. 21 90,000 00 nish the only evidence available to the Government to defend against Consular officers at various ports ·--·-· -····-- __ --·· ·-· _••. 22-27 13,000 00 the myriads of claims which are pressing from all quarters. By the Clerks to consulates--·· __ ·-·--·-·--··-··--·.-····- ."•..••. 30 8. 400 00 annual approprh1.tion of small sums of money competent clerks have Interpreters·---_.--- _______ . __ ·- ·----_-· ___ -·· .•••••.•. ··- 31 4, 000 00 r.ent of prisons and wages of keepers abroad . __ •. -•.... -. -. 39-4:.1 5, 200 00 been kept coostautlyemployed in theexamin:1tionof these" archives" Bringing home from foreign countries pet·sons charged with 2, coo 00 and "records" in oruer to furnish evidence to the committees of Con- crime. _. ______ . . ____ . ________ • __ • ________ •..••. _••.• - .• _. 44 40, OOJ 00 gress~ the Court of Claims, and the Secretary of the Treasury. The Relief and protection of American seamen .. _- .. - . --------. 45 · -··-·----·- ·· evidence furnis~d from these sources ]las already saved the Trea.sury Aclrnowledging services of foreign seamen - in rescuing 2, 000 00 American seamen from shipwreck . _.•.•...•. -•• -.•• -•• -- 46 miWons of dollars. A letter from Adjutant-General Townsend addressed to myself un- Total .•••.••••••.• , •••••.••••••.••.••••••••••.•••••••• . 274,100 00 der date July 26, 1~76, says: INDIAN BILL. The use to which these records have been put is chiefly in the furnishing of evi deuce to the courts and claims commissions. In this work several millions of dol- Expenses of vnrions Imlian agencies ••.••• -- •..•••••••••• , 54 214, BOO Oil lars have been saved to tbe Government, two claims having been defeated amount- Expenses of commission of ci tizen.s .. ..•.. __ •• _••• -- -.- • -. 59 15, ()()() ()() . ing to $700,000and$550,000re.'!pectively. There are now pending before the southern Inc~dental ~Xll~nses of Inilian service in three States and claims commission nearly if not quite 10,000 claims. Against many of these evi- nme Terntones .••••••••••• -·····- .•• -.----- .••••••.•••. - 36-48 242,500 00 dence has been furnished, a.nd the commissione1s q,re constantly sendigg for orig- inal papers. Much more evidence can be furnished this commission. Total ........................................ _..... .. 472,300 00 SID\'D~Y CIVIL BILL. The House bills wholly omit the means of searchini._ these archives in the Treasury Department, and for those in the "\var Department Dete~ting and bringing to punishment persons engaged in they make such inadequate provision that General Townsend would counterfeiting Government notes and bonds, and other regard tbe work ru1 substantially suspended. frauds.---·- .•..... --··--·····-·--·--··--·-··· .•••••••.•. 16 25,000 00 Revenue·cntter serrice ____ • __ • _•.•. __ . __ ................. . 10 280,236 21 In addition to the 10,000 claims now pending before the southern c.ustoilia.ns of buildings, janitors, &c- ••• , •.••••• ·········- 41 50,000 00 claims commission, a.s stated by Goneral Townsend, there are suits Signal Office, War Department . _........... _, •• __ •• , ..•• ,_ 45 15j, 000 00 pending in the Court of Claims for captured and abandoned pro- Agents at seal fisheries ••.••• __ •.. _••••.••••••••••• _...... _ 78 13,350 00 perty, chiefly cotton, amounting to $10,829,000. The pigeon-holes of Examination of rebel arc hives .. .. _• _... _. _••.••..•••.••••. 79 G, 000 00 almost every member of Congress from the South are overflowing Thirty thousand copies of Official Postal Guides .•••••..••. 90 20,000 00 Experiments in testing iron and steel •••••••••••••••••••••. 113 50,000 00 with claims of all kinds growing out of the war. The committee- -- -- rooms of both Houses of Congress are burdened with them. It may Total ............................................... . 602,586 21 be said without much exaggeration that the claims ready to poor in LEGISLATIVE, EXECUTIVE, AND JUDICIAL. === like a flood upon Congress so soon as the gates are opened exceed the total of our national debt. The Treasury Department is in a stage of Public Printer .• ___ ···-····· .••••• ······- ••••••.••• _•••• ·· - 10 18, ?17 GO chronic siege by the army of claim agents which swarm about the Executive Departments .•••••.•••.•.•.•.••••• - •••••• -····· 13 1, 366, 533 4G national capital. At the doors of the southern claims commission, in Colleeting intemal revenue .............. _.•••••.•••.•• _. _ 15 gJ6, 34{) 00 Surveyors.general and clerks _•.•••..• __ •• __ ••••. _•••.••••. 18 151,300 00 tbe Court of Claims, in the Treasury Department, in the corridors and lobbies of both Houses of Congress, this army stands ready to prey Total .•••••..• -..................................... _ _••• _• • . 2, 372, 9!11 09 upon and plunder the Treasury the moment the barriers which now restrain them are broken down. Can it be possible that in the sacred .MILITARY ACADEJIIY BILL. name of economy and reform these appropriations are withheld for Sewerage .••••• _··--; .. _._·- ••. ··- •••••••••••••••.••••••••. 13,500 oa the purpose of closing the chief sources of eviuence against them, and thereby throwing open the vaults of the Treasury to unrestrained pillage f Can it be that the men whose tables groan under these SUID!ARY. claims have deliberately chosen this method of sapping and mining i=rmrr :~~:::: ~:::: ::::::~::: ::::::::: ·: ::::::::::::::::::::::: • ~~: ~ ~ 2 the strongest defenses of the 'freasury T • The amount ''saved" by this reduction is so small in comparison Consular and diplomatic bill........................................ 274, 700 00 with the magnitude of the dangers incurred, that a very great stretch of credulity is required to name the act epmunny. f::~~l!u-i>iii ~ ~~~ :·::: :::::::::::::::::::::::::::::::::::::::::::: ~~ ~ g~ The other items for which inadequate appropriations have been Legislative, execntivo, and judicial bill._---·--·· .. -····-. __ ,______ 2, 372,991 09 Military Academy bill. ____ _·----- ·-····-·--------. -··-·-- ····--···· 13,500 00 made or from which they have been wholly withheld will be soon in --..,--·- \he following table: • Total . . ... _______ _·-.·-·--_ ..•. ..•• -··--·_._-·· .•.••• _••••••. _ 6,·2:19, 577 30 5496 CONGRESSIONAL RECORD-SENATE. AUGUST 12, 4. THE RE-APPROPRIATION BY HOUSE BILLS OF UNEXPENDED BALANCES REMAINING Reductions in the appropt·iations for the C1.l1Tent fiscal year 'Which are at- FROM APPROPRIATIONS OF FORMER YEARS WITHOUT NAMING AMOUNTS: AMOU.l\"T1 ~1,807,858.02. . tributable to 1·eductions made in the estimates of the Executive.Depart- ment.s-Continued. By honest and economical management republican officials bad saved from the appropriations for former years some four and a half million dollars. This afforded a fine field for manipulation of figures by the new economists. The law has for several years required that all such balances shall ·be covered into the Treasury, so that tbe sums Object. actually appropriated would honestly appear on the face of the bills. The practice of appropriating indefinite or unknown sums has long been justly r£\, 000 01) large unexpended balances, namely, whenever they remain over from Klamaths Modoca.----- _________ • _. 15 2, 000 00 last year, every dollar thus re-appropriated counts for two in the ag- Omahaa. __ . -----· ·-- --- ·----· ----------------------------- - 17 4, 200 00 Tabequaehe and ot.h erb:mds. --- ---··· ..... ---------···. -- · 25 5, 000 00 gregate reduction as against the actual expenditures of that year. iia:b~~~~ ~::::: ~: :::::: ~: :~: ::::::::::::::::::::::::::: 2,556 56 26 },or instance, assume that for a given service $800,000 were appropri- :n 10,000 00 ated for 1876, and by economy and good Q;lanagement, or a change in Modocs .. --- ___ ------ ____ -----· _____ ---- ___ ---· __ ----- ____ . 32 5, 000 00 the service, only $600,000 were expendeu, leaving an unexpended Cherokee national fund ...... ____ ---- .• -·--·---··-·····- •.. 49 330 00 Cherokee school fund._·-- .•... _. ___ ------ .•.••• _... ______ .. 50 60 00 balance of $200,000. Tho House could appropriate $400,000 and the Iowa trust fund. __ .. _________ . ______ • _. __________ . __ . _____ . 52 270 00 unexpended balance. This would make $600,000 available for 1877, Kaskaskias and others. ____ . _. _•.. __ . _____ ••. _____________ . 53 4!'i0 00 precisely the amount expended in 1876, and yet the amount of such Interest on Delaware fund._---:._----··---- ___ -----·---·-_ 55 1,854 76 balance not being named, there would appear to be a difference in Kickapoos, interest ..•. ---- __ ---·-------------·-----·-.--··_ 12 118 24 favor of this year ~mounting to $400,000. These sums thus manipu- ---- Total-···-·-------···.--·-·---·-------·-·-·-·---·---· ........ · 41,8:.!0 56 lated all go to swell the magnificent aggregate of democratic econ- omy and retrenchment. Thus by the cunning practices of these reformers the very economy LEGISLATIVE, EXECUTIVE, AND JtJl?ICIAL BILL. Collecting internal revenue----·--··--------------···-- __ .. 15 1===- = 730,000 00 of repnbliclln officials by which these large sums were saved is made to count against the party as extravagance. The large apparent SUMMARY. reductions thus effected are in no sense a' saving. They are not even Post-office bill --- __ • _. _- -•. - -. ____ -___ - ---- . - -• ____ .. --- --- _. ___ . ___ - $i82, 182 00 actual reductions, and yet they count as such in the fallacious table tin~it: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 4, 000 00 on which I am commenting. To count them either as reductions or 13,334 00 savings in comparing the relative economy of the last and the present 41,839 56 Congress is simply a fraud. -----·---"'!- Legislative, executive, and judicial bill •..••• -----· ______ 730,000 00 Pension bill.-------·-----··-·---·-· ..•••. --·------------.---- __ ---·-· 460,500 00 5. BY CREDITING TO DEMOCRATIC ECONOMY REDUCTIONS ATTRIBUTABLE TO DEPART- :&IENT ESTIMATES: AMOUNT, $2,037,855.56. Total---·----·-·--·-·-······· .••. ---·-· ... ·----- ... ----··------ 2, 037,855 56 6. BY CREDITING TO THE PRETENDED REDUCTION CERTAIN . ITEMS APPROPRIATED It is well known that Congress seldom, if ever, makes appropria- LAST YEAR FOU OBJECTS WffiCH WERE FULLY PROVIDED FOR llY THAT APPROPRIA- tions equal to or in excess of the estimates, and yet the boasted total TION, Al\"D, OF COURSE, DO NOT RE-APPEAR L'f THE HOUSE BILLS TillS YEAR: includes all the reductions made by the various heads of Departments AMOUNT, $"2.611,768.48. upon the appropriations of last year. In the ·pension bill, for in- As an instance of this kind, take the item in the sundry civil bill stance, the entire saving of $466,500 was made in this way. Owing "for completing the jail in the District of Columbia." The jail hav- to a decrease in the amount due pensioners and other causes, the es- ing been completed and paid for by that appropriation, it can scarcely timate for this year was that much less than the amount appropri- be claimed as a very remarkable feat of democratic economy that the ated for last year, and yet this sum of $466,500 is credited to demo- same amount was not appropriated again this year. And yet this i tern cratic economy. The post-office bill also contains many items of this figures as a part of the total saving. The snnury civil bill alone con- kind, all of which go to swell the total of democratic saving. Nearly tains items of this character amounting to nearly ~,500,000, all of all the other bills have many similar items, every one of which is in- which are credited as a democrAtic saving in the grand total. The cluded as a part of the total reduction and credited to the superior other bills embrace many similar items, as the annexed table will show: economy of the present House of Representatives, whereas if credit is due anywhere it is to the carefulness of republican officials in sub- Reductions in appropriations fm· the cttrrent fiscal yea1· due to the fact that mittin~ their estimates. the appropriations made last session of Congress 'Were sufficient to compl~:re The Items thus reduQed appear in the following statement: certain works, and whi{)h do not therefore call for fw·ther appropdation. ReductiQrts in ·the appropriations for the current fiscal year which are at- I t?'ibutable to t·eductions made in the estimates of the Executive Depa1·t- nwnts. Object. 0~ 'd Zal ~d obll ,E:E ~;:I f:~ I Object. ~·as ~c ;::lo oQ..O ~:] stil !3~:~ Th"DIA...'f BILL. ~OQ ~ ..... For three thousand or more c..'l.ptiveindians. ___ -····· ·-··-- 64 $300,000 co To indemnify Pawnee Indians.-··-·--···-·------ .... ·--·-- 65 6, 000 OQ POST-OFFICE BILL. Total .••. ·-··-·-···-·----·--···---· .• - .•. ·---·-·--·-- . _-·---. 306,000 00 Wrapping-paper------------------·----·-------···-·----·-- 4 $5,000 00 Twine _____ --------- -·· ------ -----· --··--- -----·--- ---- --· 5 5,000 00 SUNDRY CIVIL BILL. Rent, li..,.bt, and fuel.ior post-offices·--- .. -----------··----- 8 50,000 00 ~~tac:Ss:::c~!~b.~~;::::::: :::::::::::::::::::::::::::::: 18 l!l 1,400 00 10,000 00 Collecting mining statistics-Professor Raymond -.•. -- ___ . Construction of jail, District of Columbia. ----.---- _-.-- . • . 67 6t! 15, O!lO' 00 140,057 P3 Manufacture of postage-stamps .••. ------_---·-----.------· 22 2, 002 00 Furniture, fence, and apparatus for jail._-_- •. ----- ••• ---.. 6!) 45, 491 00 Registered p:wkages, envelopes, seals, &c.---.-- __ • ___ -_ •• _ 28 25,620 00 Safe for Interior Department·-------- . . --.---------------- 70 2, 000 00 Official envelopes for postmMters ....•. _--- .• ---·-- __ --· .•. 29 26,560 00 Furniture and repair of capitol of Washington Territory_ __ n 5, 274 75 EnvelOJ?t:'S for dead letters ... __ -. ·--·---------·--·- .•• ; ___ . 30 1,600 00 Centemrialstook certificates . ---------·------·------·------ 72 30,750 00 Engravmg warrants, drafts, &0.--·------··--··-·-----·---- 33 1,500 00 Report of commissioners of claims __ . __ --·-----·_-·-------. 74 1, 000 00 Balance due foreign countries.----- ..••.• -------------··--- 37 30,000 00 Monuments to deceased Representatives.---.------.------_ 75 1,500 00 Steamship service, China. and Japan-·-····----··----·----- 38 250,000 00 Steam-pump for Honse of Representatives-------_--·------ 76 1, 000 00 Steamship service, Brazil. _____ ·--·-----·-···-····· .. ·-··-- 39 37,500 00 To re-imburse collector at Plattsburgh, New York ..•.. _-·- 84 684 10 Official stamps for Post-Office Department ..• --·-··-·-----_ 40 136,000 00 To pay Charles Morgan.--·------------------------·-···--· 85 3, 000 00 • Pay of postmasters. -•. -------.------- -- . -•• -••. ------ --- --- ~ 200,000 00 Works of art for Capitol.·----------------·····------------ !?6 1!1, 000 00 To pay ThomasJ. Durant- ·----·-----------------·-------- 87 3,300 00 Total -···-· --···· -·-· -- ····-- --·-·· --·-·- _-- --.•. -··· _-·- -- · 782,182 00 Rent of rooms in Washin,!rton ...... ---··· -·-··-·--·-·-···-· 88 1,6G6 G6 Repair of Post-Office building·----- __ --·-····---···------__ 89 106,000 00 ARMY BILL. Rental a.t Peking, China --- __ ---· -----· --- ------. --------· 91 5, 000 00 Commission to international penitentiary congress.- ____ --. 98 8, 000 00 'Engineers' depot, Willett's Point-·-···-------·------·----- 18 40,000 00 Statue of Admiral Farragut --· --------------------------- 80 5, 000 00 l::itable for use of Senate.--- __ .. _---. __ ._---. __ .---- .. ------ 93 10, coo 00 NAVY BILL. To pay States for expenses incurred in the war ___ ._.______ 99 2.'50, 000 00 Clru.ms of Dakota Volunteers. _______ ------------ ____ _----- 100 3:!,9 0 30 Clothing of Marine Corps .•.•.• _----- __ --·--- •. -----·------ 63 11, l:JO 00 Military prison, Fort Leavenworth ....... --------·------ · 101 10'), 000 00 Fuel for Marine Corps·-:--·-----------·-----:·--··-------- 64 2,204 00 Volunteers of Oregon and Washington Territory.------.--· 102 25,000 00 Total _____ • ____ •. _________ • ____________ -•.. -. ____ • • . ___ . ___ _ .Arsenal at Indianapolis, Indiana. ________ ·--- __ ----·-·----· 103 1, Gi2 99 13,334 00 Milita.ry road in Now .Mexico _______________ --------------- 104 6,tiH 0 Sites for forts in Texas ____ . __ ... __ . __ . __ . _... ___ .. ___ . _____ 105 45,000 oc 1876. CONGRESSIONAL RECORD-SENATE. 5497 .Reductions in app1"opri.aticms [01" the current jiBcal ye.ar, p-c.-Continued. and whenever possible consolidating _th~ir work. Their repory sub- mitted to the Committee on Appropr1ations the lowest practicable reductions in that Department. Similar careful and conscientious ot investigations were made by al~ the othe~ heads Departments, and their reports were, as I have sa1d, the baslB on whiCh the Senate acted Object. in reducing the number 318. I am fully convinced that the H~use reduction of 1,203 w~ made without the facts necessary to arnve at a correct concluswn, and mainly in conformity with the proclamation which had be~n issued at the beginning of the session, that "$40,000,000 reductiOn must Pedestal statue of General McPherson .................... . 106 $25,000 00 be made" at any sacrifice to the public service. It is not true, Brady's collection of photograP,hs of the war ............. . . 107 2.'l, 000 00 as is so often alleged, that the force in these Departments has been Plans and specifications forlmildings at Auburn, New York 109 $4,000 00 Cholera investigation in Mexico ...............•............ 110 5, 000 00 extravagantly increased since the war. On the contrary, the eco- Centennial contributions ..................•.....•......... . 114 505, 000 00 nomical policy pursued by the republican party has constantly re- Bureau of Engraving and Printing •.•....•....••....••..•. . 31 840,000 00 duced it as the work dim.inished. Every year this force has under- Repair of steam-boiler , &o., Senate ........•...•...•.•...... 04 3, 500 00 Settle accoll!lts of B. Herman . ................. ---- ....... . . 95 545 77 gone the careful scrutiny of both Committees on Appropriations, Pa.y of contestants, House of Representatives ..••...•..... . 96 27,100 18 and nearly every year large reductions have been made. Any person Pay of Bryant & Rogers, architects ...•...•.......•.•..... . 97 600 00 who will compare the number of clerks employed in the various De- Total ..........••••••..•••• __ ....................... .. ... -~ - 2, 297,768 48 partments for the years 1860 and 1875 with the amount of work per- formed in those years, respectively, will find that the force is relatively )1!LITARY ACADEMY BILL. much smaller now than in 1860. Let me give a few illustrations from the Treasury Department. In the First Auditor's Office the cost for School building ..•.••.••.•••.••..••••••.•....•...•...•..... 29 8, 000 00 accounts settled was in 1860 $4.10, in 1875 $3.06. SUMMARY, Object. 1860. 1875. Indian bill........................................................... $306,000 00 ~~;ifc~u~m:j .bill::::::::::::::::::::::::::::::::::::::::::::::: 2, 29~: ~~ ~ ----------------------------~---------·---- SECOND AUDITOR'S OFFICE. Total ...........•...•........••....•.•.••••..•.....•..••.•.•...• 2, 611,768 48 Number of accounts settled...................................... 2,174 25,347 Number of employes ......................•.•.••..•.•••.•.•. :.... 24 176 7. BY CREDITING TO ECONOMY AND REFORM REDUCTIONS MADE IN UPROPRIATIONS Number of accounts settled to each employe..................... 90 144 WHICH TAKE NO MONEY OUT OF THE TREASURY: AMOUNT, $.302,165. Cost per account ................................................. f16 34 f9 68 The following table will illustrate the value of this kind of re- THIRD AUDITOR'S OFFICE. trenchment. The national banks are required to deposit money in the Treasury to pay aU the employes engaged in the Redemption Number of acconntssettled...... .•.•..••.••••.••••.•.•.. .••..... 2, 300 19, t:J Number~f employes .................. ···••• ·••····•··•········· ~~ Bureau, and, while there is a formal appropriation for that purpose, 1 ~J5 every dollar is re-imbursed out of the funds thus deposited by the ~~~~~~~:t~~~:f~~~:-~~-c~~::::·:::::::::::::~::::::: ~ ~0 $12 30 banks. The House cut down the appropriations for this purpose $201,496, and take to themselves credit for" saving" so much to the Treasury. Another item of reduction is for official postage-stamps, Substantially the same relation of force and service is maintained which cost the Government nothing, except the nominal sum for throughout the Treaury Department. I have compared the number printing. Neither of these items are in any sense a saving of money, of accounts and cost of settlement, because it is the most convenient but the reductions would count in the grand aggregate. And hence form of comparison. The accounts are generally larger now than in there was the same tenacity of purpose in cutting them down as if 1860, and hence require more time and labor. It will be seen from a real economt, could be thereby effected. These items demonst.r ate these illustrations that the force wa-s relatively from 25 t~ nearly 300 the fact t.h at' reduction," and not" economy," was the motive which per cent. larger in 1860 that now. If the comparison be extendeu dictated the so-called reform. through all the Departments, it will be found that the force has not increased at all in proportion to the service rendered. Reductions [o1· thj current fiscal year in appropriations which take no nwney The reduction of the force therefore below the number recom out of the Treasury. mended by the heads of Departments and fixed by the Senate amend ments is merely arbit.rary, without good reusop, and at the expense of efficiency, safety, and economy in the transaction of public bnsi ness. 9. BY REDUCTION OF SALARffiS UPON A HORIZONTAL RULE, WITHOUT nEFERE.l'\CE TO Object. VALUE OF SERVICE RENDERED OR COMPENSATION P.\ID. A saving is doubtless effected by this expedient. In some cases salaries which have been fixed since the war will bear reduction, though as a general rule none of them are extravagant. A just and SUNDRY CIVIL DILL. reasonable economy would therefore select such a.s are dispropor tioned to the service& rendered, and reduce them acoer,OOO of "back ~~frsIJ~~ bill~~~~~::::~:_:::~:_:::: :~~~:::~::::::::::::::::::::~::: 1, Mg: ~~ gg _ pay" in their pockets, now seek to conciliate the .American people gu;Ia.tivo, exoouti'Ve, and JUdiClal bill .••.••• _...................... 4:JO, 000 00 by redu~ing their ~alaries $5~0 a year. \Vhy, Mr. Pr1:lsideut, they can well afford to do 1t, for the mterest on their ''ba-ck pay" at 10 per Total .............. _ ........... ............................... 1,611,000 00 cent. per annum will make good the loss by reduction. The poorly 11. BY DE.....-YING APPROPIUATIONS ADEQUATE TO PROVIDE Tl~ ORDINARY UEANS OF paid clerks, however, have no such resource to fall back upon. NATIONAL DEFENSE: AMOUNT, 5,353,990. 10. REPUDIATION Olt NATIO)IAL OBLIGATIONS: AMOUr-.""T, $1,611,000, • The fortification bill of last year was reduced t.o the lowest amount This is illustrated by the denial of appropriations to pay jud~­ consistent with the preservation of our forts in a condition to be of ments of th~ Court of Claims, on which some 2,000,000 were esti· nse in ca~e of ~ foreign wa1·. _Only $850,000 was appropriated. The mated for this year and over $800,000 are now due. Such an omis- B;ouse bills this year appropnate only $315,000, which amounts to a sion could only be an inexcusable mistake or naked repudiation. It vutual surrender of the forts as a means of national defense. The was not a mistake and was not overlookccl. This comt was organ- "saving" achieved by this surrender is $535;ooo. Whether it will ized by ourselves to decide upon claims against the United States. prove a wise reduction depends upon our future relations to foreicrn ·It is an arbiter of our own selection. We have invited claimants to powers and upon the question whether ordinary prudence requires ~s submit to its arbitrament. They have accepted our invitation, and to preserve in a state of reasonable efficiency the defenses we now judgments to the amount above mentioned have been rendered i.n their haye. We are_probably safe in taking the chances of a foreign war favor and are now unpaid. The finnl judgments of this court are as ~hiS ye~r, an~ 1t was doubtless expected that when the present polit- binding upon the honor of the nation as the public debt, and neither Ical eXIgenCieS shall have passed adequate appropriations Will ue can be denied nor dela.yed without n. stain of repudiation. The amount made. The reduction for tl1e current year will bavo to bo added appropriated for this purpose last year was $400,000. This year noth- to the appropriation bills of next Congress, unless we propose to illg. Why this inexcusable omission! The answer is obvious. The abandon all our external defenses and open onr crates to any for- sum required was too larcre. It would never do to swell the appro- eign foe that ma;r be tempted to prey upon a defen~eless people. It priations this year by the ~arge amount which was necessary to save has been argu~d m !avor of these reduceu appropriations for this pur- the national honor. By appropriating nothing, a comparison could pose that fcrtifications are out of date, because more efficient anu be shown of $400,000 saved as against the extravagance of last year. cheaper mea~s of defenso have been discovered. Bnt, pray, what are Therefore the $800,000 must be repudiated in order to get credit for theyf Certamly not torpedoes, for these, too, have ueen denied as saving $400,000. In the partisan scales by which national honor and well as fortifications. lly reference to the naval bill it will be seen political necessities were weighed the former kicked the beam. that to save the sum of 56,000 the torpedo service bas been serionsly The comparative saving effected by this expedient is $400,000, crippled and the appropriation for" torpedo boats" wholly denied. which figures in the boasted total, and will contribute to the mar- I turn next to the Navy to see if any means have there been pro- velous exhibit of economy to be made this fall. In the name of rea- vided which are to take the place of our substantially abandoned sys- son, why stop at this small amuuntf Why not repudiate all the tem of fortifications. Here I find that the same rutblesi hand which other obligations of the Government and thereby save hundreds of struck do~n forts and arsenals and destroyed the efficiency of tho tor- millions! pedo ~mce has falleJ? even more d~tructiv?lY upon our navy-yards The District of Columbia. furnishes another instance of repudiated and sh1ps of war. W1t.h $50,000,000 lJ?Yested m navy-yards, for which obligations in the House bills. It may be true that no law pledges at least 1 per _cent., or $500,000, was 1mperatively needed for repairs the Government to contribute a fair proportion of the current expenses and preservatiOn, not one cent was allowed by the House bills. Tho ap- . of the District government, but fairness and common honesty do. propria.tion last year for repairs and improvem~nts of navy-yards was The United States own nearly, if not quite, one-half the property in about 2 per cent.o~ t~eir c~st, or $1,090,000; this year nothing. Con- the District, which pays no taxes, but which is as much benefited by sequently by perDlltting th1s vast property to go to decay and ruin a good government in the Dist.rict as is the property of private citizens. reduction of 1,090,000 was effected. \Ve make laws for the District and by those la-ws have denied the For the preservation of ve sels $31300,000 was appropriated last citizens aU power to raise money by taxation until December next. year; only $1,500,000 by the House bill. Here is another reduction We have imposed upon them certain duti.es that require money, and called democratic ecouomy and reform, by which the grand acrgre~ h~ving taken from them the means of raising it by taxation we pro- gate saving is increased $1, 00,000. What is to be tho effect f I am VIde that their officers shall not borrow, under penalty of imprison- ~eliably informed by the ?fficer in_ char1?e of this bracch of the serv- ment in the penitentiary and heavy fines, and then refuse to appro- I~e that "the effect of this reductiOn wtll be to increase the cost of priate our share of the current expenses. Last year , 1,060,000 was repairs another year by an amount which cannot now be estimatefl appropriated; this year nothing. Consequently ·1,060,000 appears anu which will have to be provided for in future appropriatious eithe: as a "saving" in the grand total. It is true it waa not necessary to at. the next or the foll~wing s~ssion of Congre s.'' .Ar>otber result contribute more than $500,000 this year; but even that sum was re- Will be to stop the repairs n?w m proqress upo~ the Wyoming, Lan- fused by the House, because it would to thn.t extent have diminished caster, Monadnock, and the rron-clads Terror, Umntonomoh Puritan the difference between the appropriations of the two years, and hence Qu~nebaugh, Galena, Mohican, Shenandoah, and Monongahela. Th~ t.be total reuuction, which must at any sacrifice of national honor and repairS on these vessels would put the Navy in a condition to meet fair dealing be kept as nearly aa possible to the promised $40,000,000. an1 s_udden. emergency ~hat may occur. The lack of necessary appro- The Indian bill also contains several omissions to comply with treaty pnations will put off th1s means of defense another year or until the stipn!ations, by which considerable sums were "saved," and probably money shall be provided. ' ten trmes the amount will as a. consequence be expended in Indian For steam-machinery, &c., a reference to the tables will show an wa1e. appropriation of ·$1,800,000 last year and only $885,000 this year :md Reductions made by the repudiation of national obligations. therefore an apparent saving of 915,000. ~rom the very best au- thority on this subject I have the following statement as to what will 0~ be the results of this economy: ~~ Thi.q reduction must necessarily atop all work llpon the double-turret-ed monitor~; be<:ansc the a~ost totalsuspens10~ of work in tho. navy-yards for repairs and re- ~-S. fitting of machinery of vessele reqmred for sea sernco, and put it out of tllo power Object. ~~~ of the De_flartment t{) repair to any great extent the machinery, &.c., of any vesRCl o_r vessels m t~e service that may hereafte1: break down throu~b. nnfore.'!een callual- i)~~ tie.s or ~e ordmary wear and tear of sel'Vlce. The estimates of the Department ~'S iii as subm1tted to Congress were made at the very lowest point consii'Jtent with the ------------------------------~---------1 preservation, care, and repair of vessels in service aml the completion of wol'k on those that ate invaluable to th6 Navy for emergencies. Rent of court-holl86 and jail in Yedo, Japan ....... --····-·· 50 $5,000 00 This, Mr. President, is the manner in which the defensive service INDIAN BILL. of the Republic has bean mutilated and crippled for partisan ends. Clothing for Apaches, Kiowas, and Comanches ........... . 1 11,000 00 These are the means employed to effect a magnificent showincr 0 of Blackfeet. llloods, and Piegan.s ...... ·····-···· 5 5, 000 00 democratic economy! Assinaboines ................................ . 6 30,000 00 Is it true economy thus to allow the $50,000,000 invested in navy- Gros-Ventres .... . .. _............. - .......... . 11 35,000 00 yards to go to ruin in order to save the amount which is necessary to Crows··-···--·····- ...... ---·---·- ........ - .. 10 35,000 00 River Crows ___ . . ............................ _. 20t 30,000 00 preserve them in a state of efficiency t Is it economy to postpone re- pairs which must be made this year or the next on vessels of war, and Total ... ~-··---··· .. --- ........... ·--····--··· , ............. . 146, 000 co thereby not only render them useless for service, bnt largely increase SU.m>RY CIVIL BILL. the cost of such repairs next year T Is it a wise policy to abandon our - means of defe_nse, and_ thereby invite a-ggressions from foreign pow- Contribution toward general expenses of District of Co- ersT Why th1s sweepmg and relentless crusade upon all provisions lumbia. . ............................... __ ........... . .. _. 81 1, 060, 000 00 which have hitherto been deemed indispensable to the maiutenanco LEGlBLATIV£, EXECUTITE, A.~ JUDICIAL BILL. of our position as a first-cla power! Shall all thi be ilone in ·the name of economy T Is this great nation too poor to maintam the or- ·To pay judgments of Court of Claims ..... _.. _............ _ 21 400,000 00 dinary means of defense T . Must her forts bo dismantled, her navy- yards be closed, and her ships of war rot at Lheir docks IJecatUie t~he .~· 1876. CONGRESSIONAL RECORD-SENATE. 5499 is unable t o maintain them f Is it possible that any other motive the purpose of being able to present t.o the country for political effect less pat.riotic than frugality has guided the blow which has fallen so a large pretended saving pervades ail the bills, and will in all prob- heavily ana uneiTingly on every part of our system of national de- ability result in an injury and a loss to the country greater than the fenses t I will not believe that under the sacred name of economy whole amount that by a wise and judicious retrenchlllent could have there was a lurking -design to render the Republic powerless for de- been saved. I think I am right, therefore, in saying that in aU this fense against her foes; and yet if such had been the motive it would vaunted economy and reform there is not a real saving of $5,000,000. have been difficult to have devised means more efficient than those 'l'he items which I have credited to economy upon the principle which have been chosen. This poli~y of a democratic House finds its just stated will be found in the following table: only parallel in that which governed a democratic administration in 1860. Let us hope the parallel does not extend to the purposes by Miscellaneous 1'eductio11.8. which each was a-ctuated. I submit a table showing the various branches of the service on which these reductions were made. Object. . Reductions by denying aP"propriations jQr supplying tke means -of national dejmUJe. POST-OFFICE BILL. Object. Clerks in post-offices ...................................... . 2 t-210, 000 00 Letter-carriers and free delivery .......................... . 3 200,000 00 Pay of railway post-office clerks ......................... .. 13 132, 141 00 Pay of rou te-a~ents ...................................... . 14 105, 000 00 Pay of mail-route messengers ............................. . 15 13, 000 00 ~J! .!?!:;~~~~~~:::::::::::::::::::::::::::::::::::: 16 16, 441 00 NAVAL BILL. • 17 79,000 00 Labor at navy-yards ...................................... . 29 $125,000 00 5 5, 000 00 ~cii~~e~~~l~M~~~~ ::::::::::::::::::::::::::::::::::::: 32-36 56, 000 00 Post marking and canceling stamps ...... ................. . 6 5, 000 00 ~:0~~~~8-iti~~- :::: ~:: :::::::::::::::::::::::::::::::: 39 280,000 00 9 5, 000 00 Contingent expenses at navy-yards ...................... . 42 20,000 00 11 ~u. ooo oo P reservation and repair of vessels ......................... . 51 1, 800, 000 00 Post-route maps .......................................... . 20 10, ono oo Repairs of machinery, oil, coal, &c ....................... : 53 915,000 00 Advertising .............................................. . 34 75,000 00 Total •• • • • • . • • • • • • • • . • .. • .. .. .. .. •• • • • • . • .. • • . .. .. .. . . . .. • .. . ----- 3, 196, 000 00 Miscellaneous items ...................................... .. 35 2, 500 00 Total ...................................................... .. 908,0132 00 ARMY BILL. Torpedo experiments ..................................... . 19 10, 000 00 NAVAL BILL. SUNDRY CIVIL BILL. Contingent expenses of Navy ........................... .. 2 20,000 00 Pilotage and towage of ships of war ...................... . 4 5,000 00 Armories and arsenals ............ : ....................... . 24 362, 990 00 Nautical instruments ..................................... . 6 1, 000 00 Navy-yards and stations .................................. . 108 1, 250, 000 00 Compass-fittings . ......................................... . 9 2, 000 00 Steering signals, gongs, &c . ... . ........... : .. ............. . 16 500 00 Total ...................................................... . 1, 612, 990 00 Contingent expenses Bureau of Navigation . ....•.......... 17 1, 000 00 Assistant and clerk Naval Observatory .....•.•••.••....... 21 200 GO FORTIFICATION BILL. Reducing observations transit of V enus .................. . 25 3, 000 ('0 Fortifications ..................................................... . 535,000 00 Fuel, tools, materials, &c ................................. . 28 25, 000 00 :Miscellaneous items ....................................... . 31 2, 000 00 Pay of professors and ot hers . ............................. . 54 3, 300 00 P ay of officers and privates of Marine Corps ...•.•.....••.. 61 7ii0 00 SUMMARY. Provisions for Marine Corps .••..•...•.••••..•.•••.•....•.. (i2 10, 000 co tffJ.~;~:~~~~~::~:::::::~~~~~:~~~~~~~~~~~~~~~~~~~::~~~~~:~~~ :: ~ ms Military stores of Marine Corps ............................ . 65 4, 000 00 Total ..........·..................................... . ....... . 71,760 00 ARMY BIT.L. Total .. .. • .. . . .. • • . • .. . • .. . .. .. .. .. • .. .. .. • • • • .. .. .. . . .. . . .. .. 5, 353, 990 00 Expenses of commanding Genera.l's office ................. . 1 3, coo 00 There remains to be considered but one other of the various classes Signnl-service of the Army ................................ . 4 2. 000 00 of reductions mentioned in table C, the class termed "Miscellaneous .Army contingencies ....................................... . Ordnance stores for arsenals .............................. . 15 22 50,000 GO 20, 000 00 reductions," amounting to $4,544,192.91. · In this class I have in- Army equipments ........................................ . 26 10, 000 00 cluded all items of which a considerable portion could be deemed a judicious reduction, giving the benefit of a doubt in all cases to the Total ......................................... ~----·- . ...... . 85,000 00 action of the House. It is true, however, that of this amount there CONSULAR .Al'm DIPLOMATIC BILL. :lre many items of which large portions are reductions that may prove injurious to the public service, but as a whole it is believed that the Consuls-general, and other consular officers~ clerks, &c .•••. 21 12, 800 co $4,544,192.91 may be fairly attributed to a reasonable and just econ- Consular officers, not citizens of the Uniten States . ....... . Exchange . ................................................ . 32 3ri 2. {)(10 00 38, 000 (;0 omy. Contingent expe118es of consulates ........................ . 36 31, S.JO GO I would not be understood aa saying that in the exercise of a wise United States and Spanish Claims Commission ........... . :n 4, 7.17 50 discretion a much greater reduction than this could not have been UnitOO. States and Mexican Claims Commission ........... . 38 28, 70!i ou safely made. On the contrary, I am convinced, from a careful exam- Total ....................................................... . It s, 137 ;.o ination of e\ery item contained in the House bills, that a reduction of from eight to ten millions (whieh is about equal to the -average INDIAN BILL. reductions made for the last seven years) could have been effected A :{>aches, Kiowas, and Comanches without serious embarrassment or injury to the public service. In Mixed Shoshones, Bannack.s, and Sheep ........................ . 1-4 4, 000 00 Eaters .....•...•.. 16 5, 000 00 many of the items included in the other classes some reductions could P awnees ...... ............................................ . 19 6, 476 87 have been safely and judiciously made. I have not, however, credited Shoshones-Eastern Bands ............................... . 21 10, 000 00 such portions to a proper economy, because the sweeping and indis- Bannacks .......................................... ~ ..... .-. 2:1 2, 000 00 Sioux of different tribes ................................... criminate manner in which these reductions were mauo bythe House Inilian.s of the Malheur reservatioD8 ...................... . . 24 247, 0!!0 00 ?.9 10,000 Oil · bills will be far more likely to result in a loss than in a saving to the ~~~t;g·~a;i~~~ 'tri~'a' ~: :::::::::::::::::::::::::::::::: :· 57 3l 5, 000 00 Government. 50, 000 00 Up to a certain point retrenchment is economy; beyond that point Expense of general council ...•.•...............•.••...•... 58 3, 000 00 it becomes parsimonious extravagance. Take for illustration the col- Incidental expenses of central superintendency ...•........ 60 4, ooo ov Incidental expenses of northern superintendency . •••..•••. 61 2, OGO 0.1 lection of internal revenue, in which a saving could have been safely Collection of statistical and historical data ...•.•..••.•.••.. 62 3, 500 00 effected upon last year's approp'riations. But instead of stopping • Eclucation of Creeks ...... ................................ . 63 2, 810 00 at the point where economy ends and waste begins, the House bills Seed and grain for farming-purposes for certain tribes .... . 66 10, 000 co Transportation .......................................... reduced the number of districts and the appropriations so low as Cheyennes and Arapahoes ................................ . .. 67 11,700 00 7 5, 000 00 to render morally certain a loss of revenue greater than the en- Arapahoes, Cheyennes, &c. .. . . .. . . .. . .. • . .. .. . .. . .. .. . .. . 28 50, oro oo tire saving. The same thing is true a-s to the appropriations for Indians in Idaho and Southern Oregon .....•. •.••....•..... 56 20,000 00 mints; the reduction of clerical force below the point of efficiencv o~ ages .............................. -..................... . 113 20lG5 and safety in the transaction of puulic business; the refusal to pro- Total ................................ -'- " ............. . ...... . 451,688 52 vide for preservation and repairs of navy-yards and naval vessels; the denial of means for searching rebel archives, whereby millions SUNDRY CIVIL BILL. may be lost to the Treasury, and the general and almost universal Botanical Garden ......... . ...... .. ..... . ................ . In ~pe~tor of gas, District of. Columbia ....••...•.• . .•.•••... 3 2 950 00 1, 500 00 8 mutilations of the public service. In fact this principle of indiscrimi- Buildings anll grounds, Agricultural Department ..•...•.... 30 5, 540 00 nate cutting and slashing at all the branches of the public service for Photographing, engraving, and printing plans, &c ..•.•••••. 43 2, 000 00 5500 CONGRESSIONAL RECORD-SENATE. AUGUST 12, Jfi.scellaneous 1·eductions-Continued. knew also that the reduction made at last session of Congress \Yas JJ $13,312,32'2.17 below the expenditures of 1875. ~ §~ -as . I was aware that a wise and economical aclminis~ation of public ~s .sG) ":::$ ~a affairs could, as the necessities of the service changed, continue the Q),.o reduct ions which have marked the policy of the last few years, but Object. :;m 0 9.$ ~ Q) CO ~0 I was curious to know what new and unheard-of principles of econ- ~:i g~ omy could be evoked that would enable the present House of Repre- ~o "' S~ sent atives to make the sweeping reduction of 40,000,000 in a single ~ - een frauds developed. I know that to be the fact. I have rood them have been held up before the country for months as very demons in- in reports made in the House. Besides I have not the reports before me now. I ca.rnate, while scandal-mongers, like foul Lirds of prey, feasted and would not state them from memory. I would not do anybody injustice. It does fattened upon the heart pangs of their victims. Millions of people seem to me that t.he Senator has a. poor way of getting a question answered by asking a question of a. Senator who has the ftoor which he knows cannot be an- have read the foul charges bruited against them where hundreds only swered at the moment because of the want of the veryreporbl he ought to have in will ever know of their triumphant vindication. order to answer properly. Yet with all this saturnalia of defamation what has been a-ccom- The "statistics" of my" well-disposed" friend from North Carolina plished f How many republican officials have been proven guilty of having never failed him before, I began to feel discouraged. But corruption f How many dollars has the Government lost by repub- not utterly hopeless I renewed my interrogatory in another form, de- lican dishonesty T What is the sum-total of this work of a Congress signed to prick his sense of moral responsibility: which bas wholly neglected the interests of the people and devoted Mr. WINDOM. I want to ask the Senator if he considers it a proper thiug to do, its entire energies to detraction? Unable to answer these questions when unable to remember or to give the name of a sincrle individual who has been I have sought for information in vain from democratic Senators. · A guilty, or as to a single dollar that has boon lost, to make a charge of universal cor· few days since the honorable Senator from Delaware [1\Ir. SAULS- ruption upon the whole party~ Is that quite the thing to do~ BURY] indulged in general denunciations of the republican party, in Mr. MERRIM:ON. It is, whe1e I know the general fact to be true. I know the general fact to be true. When you came to sper:ify particular items, I may not be which he took occasion to say that" from the crown of its head to able to state them, but I can state the gene-ral fact. the sole of its foot, judging by its acts for the last eight years, it is Mr. WINDOM. I am as king the Senator how he knows the general fact to be true nothing but bruises and putrefying sores." I thought surely an hon- wht>n he cannot state a single item constituting that general fact~ Mr. MERRDION. In my speech this morning I showed, and I challenge any Sen. orable Senator who could utter such language in this place would a tor to deny them, taking the figures from the record, that over a billion dollars be able and willing to inform me upon what h~ ba.aed cllarges so that ought to have gone to the pnblic Treasury ditl not go there. 5502 CONGRESSIONAL RECORD-SENATE. · 1\..UGUST 12, I now discovered that I had overrated the honorable Senator's "statistical" powers in presuming him to be as able in details as in Icorruption I come now to another pbase of the effort to fasten the charge of on the republican party. My goo RATIO OF LOSSES PER $1,000 TO AGGREGATE OF RECEIPTS •. I • Customs. All other saftrces.* Admini "Inclmles internal revenue, direct tax, pubfic lamls, miscollanoous, dividends, interest, premiums, and receipts from loans aml treasury notes>. 1876. CONGRESSIONAL RECORD-SENATE. 5503 Statement showing the receipts and dis.bursements of the Government from Us m·ganization to Jttne 30, 1875, 9'·c...-Continued. All other sources.* Administration. Receipts. Losses. Loss on Receipts. Loss on 1,000. $1,000. Yrs. Monroe, James ........................•..•........•...•.......... 8 $140, 125, 287 60 $227, 432 45 $1 li2 $38, 524, 676 84 402. 514 37 $10 44 Adams, John Q .................................................. . 4 88, 941, 104 61 222,103 18 2 49 8, 876, 950 17 110, 849 .92 12 48 Jackson, Andrew ................................................ . 8 173, 830, 077 97 1, 215, 304 45 6 99 81. 352, 697 19 197, 03:3 17 2 42 Van Bureu, Martin .............................................. . 4 67, 283, 444 08 264,502 94 3 93 62, 665, 104 8.1 127,825 40 2 03 ~l{~i~I~~~:::iiiiiHiiHi:iii~iiE~iiHiH ;: 78, 946, 436 31 254,939 03 322 37, 789, 568 56 175, 042 36 4 UJ 110, 564, 342 31 7, 719 11 06 91,293, 166 14 10,390 87 11 194, 257, 446 48 215,749 08 110 16, 951. 166 43 60,521 50 3 57 Pierce, Franklin .. ~ .............................................. . 4 245, 148, 753 Q3 131,277 05 53 37, 011, 076 51 81, 724 73 2 20 4 184, 125, 08~ 85 ~~~iu:W.A.ff:ab:~::::: ::::::::::::::::::::::::::::::::::::::::::: 38,776 O:l 21 128,234, 5!!6 71 155,:1-27 80 1 21 4 305, 360, 453 61 31,261 !-19 10 4, :i65, 099, 6ll4 00 471, 331 01 10 Johnson, Andre'v ............................................... . 4 699, 977, 4813 65 254,498 55 36 3, 3.J2, 3:l ' 949 81 2. 308, 2:.'3 35 69 Grant, Ulysses S ................................................. . 6 1, 125, 540, 148 00 24,342 43 02 2, 8il, 328, 335 84 1, 252, 540 17 43 ------- - - 3, 704,992, 156 22 3, 6l!3, 395 73 97 11.267,313,514 37 5, 458, 722 61 48 = = = = = = = = = = = = = = = =: Prior to Jnne 30. 1861 . • • • • • ••• • • • • . • • • • ••• • •• . •• •• •• .• • • • • • • • • • • .. . ... •• 1, 575, 114,065 96 3, 313, 292 76 2 10 688,546, 544 72 1, 420,727 48 · 2 06 From July 1, 1861, to Jnne 30, 1875.. •• • • . .•• • •• .. ••• • .. ••• • •• • • • .. . . ••• •. 2, 130,878,090 26 310, 192 97 14 I 10,578,766, 969 65 4, OJ7, 995 13 • 38 *Includes internal revenue, direct tax, public la.nus, miscellimeoW!, dividends, interest, premiums, and receipts from loans and tre&aury notes. It only remains for me to add, for the benefit of the friends of the and you have utterly failed. You have had ample opportunity to · Senator from West Virginia, that since the consequences of his heroic make good your charges if it were possible to do so. Htmceforth effort.to expose the corruptions of this administration and to prove the people will demand p1·ooj instead of assertions. It will not do the honesty of the democratic party ho.ve been fully realized, he has for you to point to the men whom we ourselves have exposed and devoted himself mainly to humming, in a half-bewildered way, those punished. That only proves the republican party to possess a power familiar and solemn words, "Hark fl·om the tombs a doleful sound," which yours never dreamed of, namely, tho power to purify itself. ocrasionally varying the monotony of the strain by an attack upon Do yon reply that a Cabinet officer has fallen· under your fire T the style of book-keeping inaugurated in the Treasury by my honor- True he has been disgraced, but not for stealing from the Government. able friend from Massachusetts, [Mr. BouTWELL.] Do you argue that the fall of this prominent officer convicts the party Mr. President, the retrenchment scheme has only disclosed the oj. corruption f If so, George Wa-shington's administration was also recklessness and partisan malice of our opponents, and proves the corrupt, for his Secretary of State was not only proven guilty of an wise and judicious economy of the republican party. The effort to mtrigue with an emba..~sn.dor of a foreign government for the over- fasten upon us the charge of extravagance has recoiled upon their throw of };lis own, but also of 1'eceit•ing mo11ey for tltat p1t1p0se. own heads. Vindicat;¥ by its enemies, united in its own ranks, an~ strong for 1he thirty-three investigation committees aud the examinations thl( contest, the republican party will march to certain victory in No- of the books of the Treasury have only confirmed the people in their vember. confidence. What more complete and triumphant vindication of , The following tables show all the items appropriated for the year the integrity of the pa.rty could be desired~ Gentlemen, general ending June 30, 1876; the corresponding items appropriated for the charges will no longer be tolerated by-the people. You told them to year endiug June 30, 1877; the reductions made by the House bills at give you the power and you would unearth a seething mass of cor- this session; and the character of such reductions the items marked ruption that would astonish tho world. They gave you the power thus * being additions. LEGISLATIVE, EX!i:CUTIVE, AND JUDICIAL BILL. The legislative, euoutive, and J'ttdicial appropriation bill, aJJ it passed the Hottse of Representativeg, for the year ending Jttne 30, 1877, compared •toith the approp1-iations for the sam.e pU1'jJOSe jo1· the year ending Jnne 30, 1&76• Appropriated .Appr~riate~ bll ouse IRednctions Service for which appropriated. for yearend- bi I for year made in House Remarks upo•: reductions mR.de in House bill as shown in third column. ingJune 30, endin~-tJune bill. 1876. 30, 1877. 1. Compensation and mile~ge of Sen- $400, 000 oo. $363,000 00 $37,000 00 This reduction needs no explanation. To those who believe salaries are too ators. high it will commend itself. No expression of public sentiment has re- quired it. 2. Officers and employes of Senate .... 139,836 80 100, Oj() 00 39,786 80 A small hart of this item is legitimate. 'l'he number of employes may be somew at reduced without prejudice. 3. Contingent flX}>enses of Senate .... . lJ!, 440 00 72,690 00 69,750 00 The amount is too smalL A deficiency is already required. 4. Reporting debates of Senate ........ 25,000 00 2~ 500 00 2, 500 00 The amount approprmted by Rouse bill is 2,500 less than is necessary to comply with contract. A. deficiency. 5. Capitol police ...................... 52,600 00 28,600 00 24,000 00 This item is obt.'\ined by reducing number and salaries of the Capito()l polico. A portion of it ml\y be jullicions economy; not a.ll. 6. Compensation and mileag~ of mem- 1, 650, 000 00 191,000 00 Tho remark appended to the first item will apply to this, with the additional bers of House of Representatives. 1, ""· 000 .. , statement that not more than one of the gentlemen who voted for the re- duction believed it ought to be made, or really desired it to become the ll\w. Pl'litlcal rather than economical considerations constituted the controlling influence. 7. Offi.oor&and employ~s of the Honse. 2-27,590 70 170,150 00 57,440 70 Probably a proper reductiou. 8. Contingent expenses of the House •. 165,385 00 122,088 00 43,297 00 The experience of the past, including that of the prl:lsent House of Repre- sent:ttives, demonstrates that a large deficiency will be the result of this reduction. 9. Library of Congress .••.•••••••••••. 63,986 00 44,850 00 19,136 00 An injudicious reduction, made up by denying the necessary amounts for purcbaae of books, for exchanges with foreign co·untries, and by reduction of number and compensation of employes. The e~enditure for employes in the LibraJ y is now far below that o! any Gther li rary of its size in the world. 10. Public Printer ..................... 18,817 60 .................. 18,817 60 An indispensable appropriation entirel:v omitted by the House. To have • denied all g.ppropr:ations for the pub1ic service would have been upon same principle, and a. much greater" economy." 11. Public buildings, and grounds ••••• 52,328 00 32,008 00 20,320 00 A small part of this is a judicious reduction. 12. Executive ..•....•••.••.•• ~ ......... 78,400 00 64,446 11 13,953 89 This difference arises from reduction of the President's salary, refusing cer- ain em ployes ' and reducin g the com pensation of all. 5504 CONGRESSIONAL REOORD-SENAT·E. AUGUST 12, The legislative, eucuf.ive, and judicial appropriatio_n bill, as it pa,sfied the House of Representatives, g-c.-Continued. Appropriated Abpropriatod y House Reductions for year end- bill for year made in Honse Remarks upon reductions made in House bill as shown in third column. Service for which appropriated. ing June 30, 1876. ending June bilL 30,1877. ~ 13. Executive Departments, &c., viz: i7, 554,434 99 $5,687, !)01 50 $(866, 533 49 This reduction is made bl. cutting down a very large number of items, but State, Treasury, War, Navy, In- mainly by reduction of c erical force and salaries. The total number of terior, Post-Office, Department of employes in aU the Executive DE>partments is 5,308; the reduction by the Justice, and Department of Agri- Honse bill is 1.212-about 22.6 per cent. The beads of all the Department.s, culture. and of every bureau, unite in the opinion that this will seriously crippla the public service, and in some cases prove disastrous. In con1'o rmity with, changes in the service, it is probable a reduction of from three to four hundred could be made without serious iujory, but to go beyond tho.t is to impair, to the extent of the reduction, the efficiency of the Departments, by deranging and delaying public business. .A bout fl,200,000 of the "saving" is effected by reducing the force below the number imperatively . required. The reduction of salaries covl'lrs a very large portion of the bat . . ance. In some cases such reduction is pro~er, but in a very large ~ropor- tion thE\ salaries were fixed in 1854, when t e cost of living wa.a at east 33 . per cent. less than now. The reduction upon those is simply witllholdinn a reasonable compensation for services rendered. The amount "saved by this unjustifiable reduction will r.over about $200,000. By omitting entirely to provide for the Signal Office, the Bureau of Military Justice, the Indian Office, Division of Internal Commerce, searchin~ of rebel archives, and rent of certain buildings, $132,340 of the reduction was ef- fected. Many other items which go to make up the reduction of 2,377.277 might be referred to in illustration of the utter fallacy, not to sa; falsity, of tbis pretended saving. A careful and thorough analysis o all the items might possibly show an economy of $500,000-not more. The hal· ance is simply a failure w provide ade:buately for the public service, which must result in deficiencies or great em arras.ement. U. Official postage-stamps for the Ex- 417,669 00 317,000 00 100,669 00 Official postage-stamps cost the Government nothing except the printing. eoutive Departments. .All the other Executive Departments are required to purchase their stamps taf the Post-Office Department. Hence it is merely taking money out of one pocket and putting it into another. To call this reduction a savina of money, is o.n absurdity if not a fraud. 15. Collecting internal revenue .••..••. 5, 387, 340 00 3, 491, 000 00 1, 896, 340 00 This re notion is composed of evera.l items. A portion of it may be a judi- cioos economy; another portion will prove very detrimental to the service. 730,000 is a reduction recommended by the Department. .Possibly 1310,000 in addition may be called a legitimate economy, and possibly a part of it may give rise to a deficiency. ThA remaining $836,340 is simply withhold- ing an amount necessary to the efficiency of the service, which will cost the Government a loss of revenue many timf\S the amount of the ¥retendc1 saving. The Secretary of the Treasury and the Commissioner o Internal Revenue have both protested a~ainst it, on the ground that it will be pro- ductive of ~reat losses. The po icy which cripples the Government in the collection o its revenues (on which its credit and honor depend) for tho sake of making partisan political capital, canbot be too strong!h_ con- demned. Reduction within certain limit-s is eoonomy; beyond at it becomes reckless extravagance. This is a case in point. 16. Mints an/assay offices .••••••••••• 1, 220, 145 00 810, 1:r 00 410,035 00 Unquestionably a. deficiency. The laws passed at this session require la~ely increased silver coinage, and hence an increased expenditure. To a . re uce the appropriation below the amount used last year, and at the same time require of the mints a greatly increased service is an absurdity, if not something worse. The result will be, either that the silver cannot be coined and consequently cannot go into circulation, or a deficiency will be ~propriated next winter. The latter was doubtless intended when the onse bill was passed. 17. Territorial government8 .•••••••••• 322,323 90 189,700 ()() 132,623 90 A reduction effected by shaving off some thin~ from tbe already low salaries of governors, judges, and other territorial officers, by curtailing incidental expenses, &c. If the United States Government is unable to pay a fa.ir compensation for services rendered, a portion of this reduction isjudicioHs. It is conceded to be an economy, bot its character is questioned. 18. Surveyors-general and clerks ..•••• 151,300 00 ................ 151,300 00 This sa.vinj! is made by wholly omitting a very important service. If an accident, it is inexcusable carelessness; if intentional, it is rank injustice to all the new States and Territories. The survey of the public domain is demanded alike by common sense and long-establlshP.d usage. The prin· - ciple upon which this appropriation was denied would stop the wheels of Government entirely. 19. United States courts, marshals, 397,250 00 385,500 00 11,750 00 A proper reduction caused by tbe death of retired judges. attornevs, &c. ~-Court of Claims .••••••••••••••••••• 35,390 00 31,640 00 3, 750 00 A small reduction made in a very small way, viz,~ refusinj! a stenographer, cutting down the salaries of clerks, (establish a long time ago,) whose ! work has increased many fold, refusing the necessary means for preparing and printing documents, &c. 2l. To pay judgments of Court of 400,000 00 ................ 400,000 00 An inexcusable blunder, or naked repudiation. The final judgments of the Court of Claims are as binding upon the honor of the Government a-s the Claims. payment of the public debt. Neither can be denied or delayed without the stain of repudiation. The amount required this year is about f2,000,000. To have appropriated it wo.n.ld have diminished the grand tota1 of pre- tended sa ings by that amount. To m~~oke a show of saving $400,000 th~ House bill substantially refodiates $2,000,000. In the partisan scal88, by which the items of this hil were weighed, political neceBBities were more weighty than national honor. Total. ............... ··-·-- .••••. 18, 902, 2.'36 99 113, 392, 233 61 *5, 510, 003 38 *Net reduction from 1876, (1877 over 1876.) CONSULAR .ll."D DIPLO:\IATIC BILL. The consular and diplornatic appropriation bill, as it passed the Boustl of Bep1·esent-at·i.ves, for the year ending Jttne 30, 1877, ccnnpared with the appro- P.'iationfor the sam,e putposejo1· the year ending June 30, 1876. ' ~ 1. For salaries of ministers to Great $70,000 00 $56,000 00 $14,000 00 l Britain, France, Germany, and Rossi a. 2. Ministers to Sp:dn, .Austria, Brazil, 72,000 00 60,000 00 12,000 00 IIntl;lat regard to-reductions in items one to six inclusive, it need only be stated they tend to degrade a highly honorable branch of the public service, Mexico. Japan, and China. and to p~ent the country iu a most unfavorable light in the eyes of S. Minister to Italy ... ----------·----· 12,000 00 8, 000 00 4, 000 00 other nations. Our diplomatic officers would thus be placed, as to salary, 4. Minister!! to Portugal, Switzerland, 45,000 00 39,000 00 6, 000 00 below the ministers of even some of the weakest nations. It is believed Belgium, Netherlands, 'l'urkey, that the salaries provided in the House bill are totally inadeq nate fm:· and Venezuela. 5. Minisi:.E'Ya to Denmark, Sweden, and Norway. I 15,000 00 6,500 00 8,JOO 00 proper representatives of the Government in these important positions. 6. Hawaiian Islands ................ .. 7,500 00 1 3, 500 00 4, 000 00 1876. CONGRESSIONAL RECORD-SENATE. 5505 The oonsulm· and diplomatic appropriatioo bill as it passeil the House of Representatives, ~c.-Continued. Appropriated for year end- I Appropriated b:v House Reductions Service for which appropriated. ing June 30, bi) 1 for year made in House Remarks upon reductions made in House bill as shown in third column. 1876. eudin_gJune bilL 30,1877. 7. Chili, Peru, Bolivia, Ecuador, Co- ~o. ooo oo $19,500 00 $40,500 00 This provides for one minister to Chili and Bolivia, and one minister to lombia, Paraguay, Urugua.y, a.nd Peru, Ecuador, and Colombia. As the principal mode of travel in these .Argentine Republic. countries is on mules, if the ministers attend properly to their offices, they \ would be obliged to spend a large part of their time in the saddle. It is also believed to be unwise to provide for only one minister for the Argen- tine Republic, Paraguay, and Uruguay. Jt would appear that the gener- ally acknowledged importance of ai:lvancing our commercial interests with these South American states should have prevented so f:.rea.t a mistake as this. Especially is this true in view of the publication of facts bearing npon this point in official documents of the Government. and in trade journals, as well as of the clearly expressed views of our chi'ef commercial organizations. It would probably be a wise provision to enlarge both our diplomatic and consular service in these countries of South America. 8. Greece ............ . ............... . 7, 500 00 . ............................ . 7, 500 00 This mission bas grown in importance in consequence of late troubles in the East, and should not be abandoned. 9. Guatemala, Costa Rica, Honduras, 10,000 00 6, 500 00 3, 500 00 One minister now to these states, and on account of the great expense of Salvador, and Nicaragua. travel, it is believed that his salary should not be r educed. A large pro- portion of his present salary is consumed in the expense of .t ravel. 10. Minister resident and consul-gen- 7, 500 00 . .............. . , 7, 500 00 It appears to be very unwise to remove this officer, in view of our gro-ving eral to Hayti. commercial interests in Hayti. The competition of our commercial rivalS and the importance of the trade clearly indicate that we .should sustain, and not destroy this mission. 11. Minister resident and consul-gen. 4, 000 00 4, 000 00 eral to Liberia.. 12. Cbarglls d'affaires ad interim and 40,000 00 20, 000 00 20,000 00 The law directs that in the absence of the secretaries of legation, the diplomatic officers abroad. charg6s d'affaires shall receive 50 per cent. of their salary. The amount appropriated by Hou~>C bill will not meet the requirements oftbe law, and hence this reduction will certainly give rise to a deficiency. 13. Secretaries to leg;ations at Austria, 9, 000 00 9, 000 00 Brazil, Italy, Mexico, and Spain. 14. Secretaries to legations at London, 10,500 00 10,500 00 Paris, Berlin, and St. P etersburg 15. Secretary of legation at Japan 5, 000 00 3, 000 00 2, 000 00 Five thousand dollars is not too mnoh for the officer who performs the double while acting as interpreter. 1 duty of secretary of legation and interpreter, as it is exceedingly difficult to find one person competent to fill both places. 16. Second secretaries of legations at 6, 000 00 6, 000 00 Great Britain, France, and Ger- many. 17. Secretary to log;ation at China ..... . 5, 000 00 4, 000 00 1, 000 00 It is unwise to make this reduction. The compensation now given is not too much for a eompetent officer. 18. Interpreter to legation at Turkey. 3, 000 00 3, 000 0~ 19. Private Amanuensis to minister to 2, 500 00 2, 500 00 Properly omitted this year, aa it applied only to General Schenck, from the fact Great Britain. that his right arm was disabled in the late war. 20. For contingent expenses of foreign . 100,000 00 50,000 00 50, 000 00 Such red~Vtion would certainly give rise to a deficiency. be average intercourse proper and of all mis- expenditure under this head, during the two terms of President Grant, has sions abroad. been about $100,000, and it has been less than during the presidency of Pierce, Buchanan, Lincoln, or Johnson. 21. Consuls-general, consuls, vice-con- 333,200 00 230,400 00 102,800 00 A small reduction might possibly be made, but so large a reduction as this suls, commercial agents, and con- would cripple and de~rade the consuL'lr service. The consular service sular clerks. yields a large revenue from fees paid by American vessels and seamen at foreign ports. These fees in 1875 amounted to 697,988.49. A part of this amount was allowed for . compensation, and a large sum was returned to the Treasury. It appears evident that a service which is a source of net revenue to the Government, and which performs a most important office toward the protection and advancem ent of our commercial interests abroad, should be firmly sustained by Uongre88. 22. Agent and consul-general at Cairo. ·I 4, 000 00 3, 000 00 1, 000 00 23. Consuls-general at London, Paris, 24, 000 00 20,000 00 4, 000 00 Havana, and Rio Janeiro. 24. Consuls-general at Calcutta antl 10,000 00 9, 000 00 1, 000 00 Shanghai. 25. Consul-general at Melbourne ...... . 4, 500 00 4, 000 00 500 00 26. Consul8-generalatKanagawa, Mon- 12,000 00 10,500 00 1, 500 00 treal, and Berlin. 27. Consuls-general at Vienna, Frank- 12,000 00 8, 000 00 4, 000 00 fort, Rome, and Constantinople. 28. Consuls-general at St. Petersburg 4, 000 00 4, 000 00 and Mexico. 29. Consul at Liverpool.. ....... . .. . . 6, 000 00 6, 000 00 30. Clerks at consulates ......... . . . .. . . 51,000 00 42,600 00 8, 400 00 This reduction would seriously derange the service. 31. Interpreters to various consulates . . 17,000 00 13,000 00 4, 000 00 This should be increased instead of diminished, as it is nl9t po88ible now to supply the needed interpreters. 32. Consular officers not citizens of the 10,000 00 8, 000 00 2, 000 00 Perhaps this reduction can be made. United States. 33. Marshals for consular courts in Ja- 7, 700 00 7, 700 00 pan, China, Siam, and Turkey. 34. Interpreters, guards, and expenses 3, 000 00 3, ooo 'oo at consulates at Consta.ntir:op le, Smyrna, Candia, Cairo, &c. 35. Loss by exchange on consular serv- 48, ovo 00 10,000 00 "38, 000 00 A proper reduction. The large amount for last year ($48,000) arose from a. ice. mistake made at the Treasury Department. 36. Contingent expenses of United 131,850 0~ 100, 000 00 31,850 00 Perhaps this reduction may be made without injury. States consulates. 37. United Stsl.tes and Spanish claims 15,000 00 10, 21~ 50 4, 787 50 A part of this reduction can be made by occupying rooms in the State De- commission. partment building, but a contingent fund of $1,500 is needed in addition to the amount adtropriated by the House. 38. United States and Mexican claims 28, 700 00 ... -.. .... ......! 28,700 00 Rental, fuel, an · ~hts have been saved by taking rooms in the State Depart- commission. ment building. 'omething is needed, however, for translations, messenger, · stationery, &c. 39. Rent of prisons for American con- 4; 000 co 1, 600 00 2, 400 00 The full amount ($4,000) is absolutely necessary; and, if denied, the St'l.te victs in Siam and: Turkey. Department will not have the means to discharge a just debt contracted in these countries under the provisions of treaties. 49. Rent of prisons for American con- 1, 500 00 1,300 00 200 00 A._magnificent economy I victs in China. 41. Wages of keepers, care of offenders, 10,000 00 8, 000 00 2, 000 00 This reduction cannot be made. It will probably give Ii!le to a deficiency. aml expenses. 42. Rent of prison for American con· 750 00 650 00 100 00 An absurd reduction. victs in Japan. 43. Wages of keepers, cars of offenders, and expenses. 5, 000 00 4, 500 00 5oo oo I Do. ... IV-345 5506 CONGRESSIONAL RECORD-SENATE. AUGUST 12, The comtular and diplomatic appropriation bill as it passed the House of Representatives, ~c.-Continued. Appropriated .Appro:Jria.ted bfu ouse Reductions Servioe for which appropriated. for yearend- ingJune ao, b' for J.ea.r tru\de in House ending nne bill. Remarks upon reductions made in House bill 88 shown in third oolumn. 1876. 30, 1876. 44. Bringing home from fore~n ooun- 15.000 00 $3, ()()() 00 e'J,OOOOO It has been found in the course of years that about this amount is annually tries persons charged wi crimes, required for this /nrpose. This absurd retrenchment is very likely to &6. expose the Unite St'lotes to contempt auroad, owing to the fact that it may be unable to bring home criminals r&elaimed under our extradition treaties. 45. Relief and protection of .American 100,000 00 60,000 00 40, ()()() 00 It is found th~~ot an average of about ~100,000 is required each yMr for this seamen in foreign conn tries. purpose, and to provide less would be an act of inhumanity to the sailors of our merchant marine. During the year when a large number of whale- ships were wrecked in the .Arctic Ocean a deficiency of $140,000 arose. 46. Ackllowledging services of ma.sters 5,000 00 2,500 00 2, 500 00 This is a most worthy object, and one recognized by all the prinoi~al com- and crews of foreign vessels in meroial nation!!. The awards for snob acts are usually watches, c ronom- rescuing American citizens from eters, spy-glasses, and other presents which would naturally be appropriate . shipwreck. and be apfcreciated by a sailor. It has been found that the average amount req oired or such purposes is about $5,000, and to deny it would be to refuse a proper recognition of acts of heroism and of humanity performed by for- eigners ia behalf of American seamen. 47. Expenses under neutrality act....... 20, 000 00 20,000 00 •e••• • • • • • • • • • • • 48. · ~nses Cape SJ?artelligbt ....... 28500 285 00 ....................... 49. owance to Widows or heirs of 5, 000 00 5, 000 00 .... ..... ............... deoea.sed diplomatic officers. 50. Rent of court-house and jail at 5, 000 00 ......... . ........ . .. . 5, 000 00 A oontraot for the use of these buildings wa.s entered into in pursuance of Yeddo. · provisione of law, and thia amountmuat. be paid for the ourrent tlscal year. Total ............................ ------- 1, 374, 985 00 ----- 907,247 50 - -467, -737 - 50 - ~ - -- - Net reductions from 1876 .••..... ......................... ............................ 467, TJ7 50 ARMY BILL. TM .Army appropriation bill as it passed the H(fUIJe of Representavves for the year endi""g June 30, 1877, compared with t"M appropriations for the same purpose for the year ending June 30, 1876. ,s~g .t',S~g Cl) 'd· .E I 'dcP ro_ep ;~ Cl)s ~~~ ~;E:;;~ ~5l m.C Remarks upon reductions made in House bill, as shown in third -c~~=' Sernoe for-which appropriated. ~~»":>. 'S.i ~~ ~g c55l Cl)l=' oolumn. 2 Q bt~ 2~='ep~ ~~ ~0 ~~ ........ ~..cl~a:> ~~.s~ ~-S 0~ • ~ ~ 1-4 1. Expenses Commanding General's $5,000 00 tJ.OOOf $3,000 00 . ................ Sin(le the removal of headquarters to Washington the expenaea are Office. reduced b:y this nmount. !l. Expenaes recruiting, &c ........... Hl5,0i0 00 75, 000 00 30,000 00 ..................... This reductiOn m:fcht possibly have been made but for the Indian war. It will no oubtedly c.-ill for a dejicimcy, in view of the larger number to be recruited. .. 3. Contingent, .Adjutant General's .. .. Signal eervice of the .Army .. ...... 12,500 00 3, 000 00 10,500 00 3, 000 00 ............ .......... .................. 2,000 ()() . ................... .A email saving, from which it is probable no injury will result. :1. Pay of the Army .......••......... 11,400,000 00 11,771, 05~ 50 .............. $371,052 50 The appropriation by House bill was in view of the contemplated re- dnction of the .Aw:ny from 25,000 to 22,000, and was lar;er in propor- tion than that of last year. The amount appropriated astthea.r was fl1,400,0, but a deficiency was ~nired, and sobsequen y appro- priated o 1665,000, making a tota of fl2,065,000. There woUld, therefore, have been a deficiency this year of f29ft947 if the confer- ence committee had not increased the amount of Oll8e bill. Hence this item is not even a reduction. 6.. Subsistence of the Army .......... 2, 484, 330 00 1, 908, 686 00 5i5,644 00 . ~ .......... The entire amount appropriated la.st year was required for the serv- ice, and this reduction would simply give rise to a deficiency to be suyplied at the next session of Congress. r This, and the next six items, down to and including II National Ceme- j toge~er. teries," constitute the appropriations for the uartermaster-Gen· 7. Supplies Qnarterma.ster's Depart· 4, 250, ()()() 00 3, 360, 667 93 889,332 07 .............. eral's Department, and may be considered The total for ment. the oemce last year waa fi0,951l.OOO. The row by Houoe bill 8. Inoident:\l expenses, Qnartermas- 1, 200, 000 00 800,000 00 400,000 00 . .......... ~.530,000, showing a reduction of $4,419,162. The letter already ter's Department. read, from the Quartermaster-General to the Secretary of War 9. fforses for oava.lr{' &o ............. 300,000 00 104,784 89 195,215 11 . .................. clearly shows this to be a defioienoy and not a saving. It will 10. Transportation o the .Army ....... 11. Hire of quarters ...... ......... .... 12. Clothi.D~, camp eq.nipage, &c .••.•• 13. N ationa cem&tenes ............... 4, 000, 000 00 1, 500, 000 00 1, 450, 000 00 150,000 00 2, Rl7, 804 65 877,865 52 383,221 21 125,000 00 1, 182, 195 35 . ............... .. . 622,134 48 . .................... 1, 066, 778 79 . ..................... 2!>, 000 00 .................. l be seen that the revised estimate, bailed upon the lowest posaible reduction, and contemblating a defioienoLanext winter, was $11,525,000. The Hon,. ill "'Mt p,»> • i::d. This reduction will delay the publication of cbai't8 . ing directions, &o. &c., v ry much needeJ protection. An examination of all these bills will show that the heaviest blows have almost inval'iably fallen upon the defensive service of the country. 37. Repair of wharves, &c .............. 1, 000 00 2,000 00 ............................. 1, 000 00 38 . Contingent expenses of ordnance 1, 000 00 1,000 00 ........................ ...... ...................... service. B UBEAU OF EQUIPKENT AND RECRUITING. 39. Equipment of vessels ..•...••... ... l, 250, 000 00 970,000 00 280,000 00 ....................... Curtailment of service. In view of the reduction of force, and the withholding of necessary appropriations for repairs and preservation of vessels, and tbe necessarily reduced number of vessels in commission, it is probable the amount appropriated will be adequate. The "sa.vinj," if any, results from the general polioh of crippling the a.vy, so consistently pursued throughout t e entire bill . 40 . Contingent expenses of b"Orellu ..... 75,000 00 75,000 00 ....................... ......... -.- BUREAU OF YABDB AND DOCKS. 4l. General maintenance of ynrds and 760,000 00 440,000 00 320,000 00 ................ This bureau bas charge of all the buildings, wharves, piers, dry- docks. docks, floating-docks, shee~, cranes, fire apparatus, watchmen, teamsters, horses, oxen, &c., at all the navy-yards. This re- dnction is consistent with the theory of the House bills-that, for the sake of making a show of economy, our navy-yards are ! to be partially closed and our ships to await repairs until after ! the election. ~- Contingent expen868 at navy-yards 40,000 00 20,000 00 20,000 00 : ............ This saving results from the general curtailment of the service, and stations. 3. At the Naval Asylum at Phila.del- phia. 5'2, ~73 00 52,973 00 ............... !--····------ and belongs with the same class as the one last mentioned. BUREAU OF MEDICINE AND SURGERY. 44. Sur~eons' necessaries for vessels, 30,000 00 30,000 00 ....................... .................... na'\'"y-yards, Marine Corps, and Coast Surve~. · Probably a deficiency next session. The sum fa- . Refaair of nava hospitals and naval aboratory. 20,000 00 10,000 ()() 10,000 00 ············ Postponed. propriated by the Rouse bill is known to be entirely insu · cient. Seven large hospitals and the naval laboratory have to be kept in good order and repair oot of this appropriation~ The sum founrl imperatively necessary for many years has , ranged from twenty to twenty-five thousand dollars. Five thousand of the 10,000 a.ppropnated will be needed at once at the Chelsea. (Masaa.chusetts) hospital, in order to place the steam-beating apparatm~ in a safe and efficient oondition. At best it is only a postponement, for repairs not matle this year must be next. • Civil establishment of hospitals .... 35,000 00 25, 000 00 10,000 00 ......... --· Withheld from a necessary service and at the cost of safety and comfort to the patients. The sum appropriated last year was entirely inadequate to the service. There was no reason what- ever for the reduction, except the politica.l necessity of making a lart'be pretended saving on last year's apptopriations. The heal , safety, and comfort of pat-ients, for whom the Govern- ment is bound to provide, were not consiOO' 00 ~ ,::::::: ::::: $15,000 was needed this year. The reduction is only a poet. I ponement. 68. Forage for horses .................. 5, 000 00 5, 000 00 ......................... .................. 69. Hire of quarters for officers ........ 16,000 00 ................. 71t. Contingencies ...•............ ___ .. 20,000 00 ~:ggg ~ !:::::::::::::::: .................... 71. Theory and tables of the moon's . .................. . 3,000 00 '--···· : ········· *3, OGO 00 motion. 72. Freight and express cbar§es. _. . .. . . ........................... 500 00 . ....................... *500 00 1'3. Paving streetattheNava .Academy ....................... . 3, 000 00 .. ...... . ............ *3, 000 06 -.------ - - - Total ........................... . 17,001,006 40 12, 434, 655 40 $4,590,616 00 24,265 00 - - - - - - - - - Net reduction of House bill .. ... . .................... . ...................... - -------- 4, 566, 351 00 ··· - · - · ··· ·· ~ ---· 5510 CONGRESSIONAL RECORD-SENATE. .AUGUST 12, MILITARY ACADEMY BILL. The Military A.caiUmty appropriation bill, as it passed the House of Representatives, for tke year endingJuru 20,1877, compared with the appropriatiom fm· the same purpose for tl~ year ending Ju'M 30, 1876. Afopropriated A£prolriated or yearend- l ouse Reductions Increase Remarks upon reductions made in Hot18e bill as shown in third Service for which ~~oppropriated. ing Jun.e 30, bill for ~ear made i.n House in House column. 1876. ending une bill. bill. 30, 1877. 1. F:Jay of instructors, prof6880rs, $235,000 00 1201,296 00 ~,704 00 ............... This reduction is effected as follows: First, bl omittinJnto ap- eta, and musicians. tropriate the salaries provided by law an abolis g the 2. For repairs, improvements, and 22,500 00 12,000 00 10,500 00 .................. and, 133,700; secondl,Y, by omitting to provide for necessary labor. sewerage, $13,500; thirdly, by omitting amounts necessary 3. For fuel and miscellaneous .. ....•.. 21,700 00 21,500 00 20000 .................. for continuing construction of hospitaL which is very much 4. For compensation of pressman, 4, 750 00 1, 300 00 3, 450 00 .................... needed for h6alth of cadets, and which is up to first story. clerks, &c. The amount thus r.stponed until next year is tJ(l,OOO. 5. For department of mathematics .... 80 00 110 to ...................... 130 00 Fourthly, an item o $8,000 was appropriated last year for 6. For department of artillery, ca.v- 970 00 7'25 00 24500 .................. . building school-bouse. Having been completed bY.: that appro- air~, and infant:/ ta(ltics. priation, nothing waa needed this year. The balance of the 7. For apartment o civil and mill- 3,100 00 2,500 00 600 oa ....... ............. reduction, amounting to $20,409, is made ilf. of many smi\U ta~ engineerinf' sums shaved off from every item in the b' • Some of these 8. For apartment o chemistry, min- 3,860 00 1,850 00 2, 010 00 ............... "shavings" may be proper-numyof them are arbitrary and eralogy, and geology. &b8urd. 9. For depal'tment of natural and ex- 5, 9i0 00 1, 000 00 4, 950 00 ..................... periment.al philosophy. taz 10. For department of practical mill- eng:ineerinf' 11. For apartment o French ..•...•. 200 flO 200 00 150 00 100 00 5000 100 00 ............... ............... . 12. For department of Spanish ........ 5000 40 00 10 00 ............. 13. For department of drawing ..•..•.. 420 00 100 00 32000 ............. 14. For department of law . ............ 100 00 100 00 ..................... ................ 15. For department of ordnance and 600 00 400 00 200 00 ............. gunnery. I 16. }'or expenses of tbe board of vis- 4, 200 00 3,000 00 1, 200 00 ............ I I itors. . 17. For gas, coal-oil, candles, wicking, 4, 000 00 4,000 00 ....................... .............. ' matches, &c. 18. For ~ater-pipes, plumbing, and 2, 000 00 1, 500 90 50000 ............ repairs. 19. For cleaninfur public buildings, 860 00 800 00 6000 ............... brooms, cba , &c. 20 For pay of organist, librarian, en- 4, 840 00 4, 740 00 100 00 .............. gineer, clerks, &c. 21. For expense of library, books, 2, 000 00 1, 000 00 1,000 00 ............... magazines, &c., and binding. 22. For pay of librarian's assistant ... . 1, 000 00 120 00 880 00 ............. 23. For cont.ingencies of Superintend- 1, 000 00 200 00 800 00 ············ ent of Academy. 24. For furniture for cadet hospital, 2, 860 00 100 00 ............. 2, 760 00 and repairs. 25. For repairing :md opening rol\ds 500 00 500 00 ..................... ................ and walks. 26. For continuing superstructure of 30,000 00 ...................... 30,000 00 .............. new hospital for cadets. 27. For continuing construction of 3, 000 00 ...................... 3,000 00 ............... f sewerage. 28. i'or repairs to r686rvoirs ......•.... 500 00 ........................ 500 00 ............. 29. For construction of school-house 8, 000 00 .................. 8,000 00 .............. for soldiers' children and furni- ture for same. 30. For bnildin~~; parapet wall •••..••... 500 00 ................... 50000 ....... .......... Total ............................ - -364,740 - - 00- 259,131 00 105, 1)39 00 3000 Net reductions from 1876 ••••••.••..... ....................... ................ , 105,609 00 ........ ···-·· SUNDRY CIVIL BILL. Th6 BUndry cimZ appropt'iation bill as it passed the House of .Representatives for the year ending June 30, 1877, compared with the appropriation8for the sante ptt1pose for the year ending June 30, 1876. [N. B-Those numbers in the fourth column marked thus*, show an increase for the current ftscal year, and are to be deducted.] I Afopropriated Appljfrlated or yearend- bJl ouse Reductions Service for which appropriated. ingJune30, b' for~ear made in House Remarks upon reductions made in House bill as shown in third column. 1876. ending une bill. . 30,1877• 1. Payments to widows of members of .................... $8,191 75 *t8, 191 '15 An increaee• .. ' Congress. ~. :MiSCellaneous: T~ay estate of Heney Wilson, lAte ................... 47,450 05 *47,450 05 ce-President of the United States, and to pay attorneys at law, tem· porary clerks, messengers, watch- men, folders, laborus, detectives, 3. ~~~J1:r1e~~~-- ................ 6, 4i0 00 3,500 00 2, 950 00 Posaibly a saving; probably !»nly a postponement. ------ - 1,-129,-\177 4. Public printing and binding ......... .................... . - 50-- ---- ................. f..0.~: This reduction means a detlcienc1 to be supplied Bt next 8688ion, 5. Lithograbhing and mapping for the ............... ...... . Supreme ourt. 6. Printing and binding laws of Idaho . .... ..................... - 1,-665,-507 - i6- 2, 000 00 ...................... . 2, 128 00 .................................. 1 beyon a doubt. The actual e~enses of i e printiJ:ig-office last year were over 11,000,000. They will be "'vernment against frauds. The loss of revenue from thus crippling the right arm of the Treasury will probably be many times ~eater than the pretended saving effected by the roJuction. 11. Judiciary ..••••..••••.•...••••..••. 3, 105, 200 00 2, 589, 000 00 516,200 00 A defimenoy. The amount appropriatea last year was required, and the same amount was estimated for and will be required this year. The Rouse bill contained a cll!!nse repooling the act passed to prevent frauds and in· timida.tion at elections. It was prob'lbly contemplated that the omission to guard the purity of the ballot-box would result in a saving of money as well as a democratic victory, and hence the reduction. But as that act will not be repealed, a dejidt:ncy is certain. 1i. Government H011pital for the Insane. 183,928 46 155,000 00 28, 928 46 This " reduction" is effected by refusing appropriations indispensably neces- sary for repairs of the buildings and support of the institution, and which will have to be appropriated next session. It is, therefore, only postponed, not "saved." 13. Columbia Institution for the Deaf 88,000 00 88,000 00 Nothing ...... andDnmb. 14. Columbia Hospital for Women and 14.. 300 00 126,000 00 18, 300 00 Reduced by a partial withdrawal of the Gf>vernment from the charities Lying· In Asylum, and other char· which it has undertaken to support in the District of Columbia. ities. 15. Smithao~n Institution .......... .. 32,500 00 8, 000 00 24,500 00 Reduced by refusing to the Smithsonian Institution the meansofpreserving and taking careof a large and valuable collection, which has been gathered from all parts of the world. A very doubtful " economy." 16. Detecting and bringinl! to punish- 125,000 00 100,000 00 25,000 00 "Saved," and will, doubtlese, meet the approval of all the counterfeiters and ment persons engaged in counter- 1 thieves of the country, who will cordially indorse this kind of " economy," felting Government notes, bonds, i as an illustration of broad and liberal statesmanship. and coins, and for detecting other frauds upon the Government. I 17. Compensation in lien of moieties 200,000 00 125,000 00 75, 000 00 Possibly a saving. under enstOms laws. 18. Reform School of District of Co- I 10,000 00 10,000 00 lumbia. 19. Metropolitan Police ............... . 205,270 00 150,000 00 55,270 00 Possibly a saving. , 20. Public buildings under the Treas- 5, 132, 893 99 2, 431, 500 00 2, 701, 393 99 Postponed. This large reduction is in no sense a "saving" to the Go\·ern· ury Department. ment. The buildings are all in process of construction, and as there will be ample funds in the Treasury for the purpose, a wise discretion would dictate an appropriation large enough to continue the works eoonomieally, especially at this time, when labor 1\nd materials are so cheap and when there is eo great a demand for employment. At best it is only a p~­ ment until after the election, and may answer a double purpose : First, to reduce the aggregate of the appropriation bills and prove democratic "economy;" secondly, to throw large numbers of workingmen out of em- ployment, and by increasing the distrese of the people, convinced them of the necessity for a change of administration. 21. Light-House Establishment-main- 1, 899, 000 00 2, 008, 600 00 *109, 60(1 00 An increase. tenance. 22. Construction of light-houses, bea- 915,400 ro :l30,200 00 585,200 00 Postponed. The amount of appropriation by the House bill is known to .be cons, -a nd fog-signals. wholly inadequate to the maintenance, repairs, and preservation of exist- ing light-houses, beacons, &c., and to the construction of snob new ones as are b:idispensable to the safety of our commerce, and to the protection of life and property. Bot commerce and human life are not considered so important as small appropriations for this year, and hence these safeguards must be postponed until after the election. 23. Armories and arsenals ...•......... 552,165 00 189,175 00 362,990 00 The same principle which has substantially surrendered our forts, crippled our navy, refused to provide torpedoes or any other means of defense, has dictated the reduction in this case. Armories smd arsenals must wait until after the election, when appropriations will be made to meet the de- ficiency of this year.. ~- Surveh of northern and northwest- 150,000 00 100,000 00 50,000 00 Postponed. No one doubts that these surveys should be, and will be, com- ern kes and Mississippi River. pleted. The wants of commerce require it, but commerce must wait until after November; :political e:rigences are considered more imperative than .. commercial necess1ties. ll.'l. Buildin~s and grounds in and 234,250 00 144,500 00 9, 750 00 A portion of this rOO.notion ma;r proTe a "saving," but it is more probable aronn Washington. that the appropriations for th1s purpose next session will have to be in- creased nearly if not quite to the extent of the reduction. 26. Work on Capitol and for general 50,000 00 60,000 00 *10, 000 00 An increase. care and repairs thereof. 27. For improving Capitol grounds .... 200,000 00 100,000 00 100,000 00 Postponed. The improvement of the Capitol grounds has been commenced upon a general plan which everybody understands will be carried out. It may be proper to poltpone for this year, but it 1s in no sense a " saving " of money. The natiOn's self-respect will not permit the grounds to remain in their present unfinished condition. liS. Annual repairs of Interior Depart- 5,000 00 *a, ooo oo Increase. ment building, 29. Repairs of court-house building, 2, 000 00 *2, 000 00 Increase. Washington. 30. Buildings and grounds under Agri- 11,990 00 6,450 00 5,540 00 Possibly a "saving," though it is probable that a considerable portion of the cultural Department. work, having been completed last year, did not need another appropria- tion. 31. Bureau of Engraving and Print-ing, 1, 878,000 00 1, 038, 000 00 840,000 00 This .. reduction" is due to the substitution of silver coin f'or fractional cor" and expenses of national currency rency. No pl\rt of it can be credited to the greater "economy" of this and national loan. · Congress. 32. Coast Survey ... . ................. . 869,600 00 643,000 00 2'26,600 00 Postponed. The above remarks with reference to the surveys of the sooth· western lakes will apply to this item. At best it is but a postponement of work which must be done, and paid for hereafter. 33. Inquiries respecting food-fisheR, 53, 500 00 36,000 00 17,500 00 A very doubtful economy, which withholds from a work of great value to all ~ropagation of food-fishes, ®d parts of the country the means necessary to its greatest success. It may, illustrations for reports on food- however, be called a "saving," and upon the same principle the whole fishes. · amount might have been "saved." 34 .Metric standard of weightd and .......••.••.... 8, 000 00 *8, 000 00 measures. 35. Rent No. 215 South Capitol stroot .................. . 400 00 ""400 00 36. Rent No. 205 New Jersey Bvouuo ............•...... 1, 000 00 *1,000 00 ~: :~;~li: ~~~i"llici8· ~eq-~i~~d- by· :-- ··300; ooo ·oo · 300 00 300,000 00 *"300 00 janitors and firemen for all build- Ings under control of the Treasury Department. 39. For furniture and carpets, 1\nd re- 150, 000 00 75,000 00 75, 000 00 Possibly the somewhat liberal appropriation of last year may have furnished pairs of the same, in all buildings a supply which will partially justify this reduction. Under control of the Treasury De- { partment. 5512 CONGRESSIONAL RECORD-SENATE. AUGUST 12, The sund1·y civil app1'opriation bill, as it passed the HO'UBe of Bep1'esentatives, 4-c.-Continued. Appropriated Appropriated for year end- byHouse Reductio~a Service for which appropriated. bill for year made in House Remarks upon reductions made in House bill as shown in third column. ing June30, ending J nne bill. 1876. 30, 1877. 40. For heating, ventilating, and hoist- 200,000 00 $100,000 00 1100, 000 00 Postponed. The amount required for these purposes is well known, and must ing apparatus, and repairs of be paid. This pretended "reduction " will appear in the " deficiency" for same, for aJl buildings under con- next session. trol of the Treasury Department. 41. For pay of custodians and janitors 100,000 00 50,000 00 50,000 00 A "saving" which will probably be more than counterbalanced by the dam- of all public buildings under con- age to public buildings from want of proper care. trol of the Treasury Department. 42. For vaults, safes, and locks, and re- 75,000 00 50,000 00 25, 000 00 A "saving," but one of doubtful economy, and one which will swell the ap- pair of sameJ for all buildings propriations after the exigency in November shall have passed. under control of the Treasury Department. · 43. For photographing, engraving, and 5, 000 00 3,000 00 2, 000 00 Prob~bly proper reduction. printing plans for all public build- Ings under control of the Treasu- ry Department. 44. For photolithographing, engrav- 6,·000 00 2, 500 00 3,500 00 Do. ing, and printing map of the United States and Terr1tories. 45. Signal-Office, War Department ..... 503,000 00 345,000 00 158,000 00 A denial of adequate provision for a service of daily increasing importance t{) the commercial and agricultural interests of the country, wllich may re- sult in damage to those mterests many times greater than the reduction. 46. Collection and payment of bounty, 75,000 00 ..................... 75,000 00 A note to ~be estimates shows that 75,000 will be absolutely required for this prize-money, and other claims of year. The Honse appropriated an " p..nexpended balance" of $56,235, not colored soldiers and sailors. ! naming the amount. Consequently thi11ll.p;I!ears to be a reduction of$75,000t when m fact there is only an actual reductiOn of $21,765, and even that will probably have to be supplied next winter. 47. Costs and charges of State peniten- 40,000 00 40,000 00 .................... tiaries. 48. Publication of the official records 50,000 00 40,000 00 10,000 00 Possibly a saving. of the rebellion. 49. Support of l{ational Home for Dis- .................. 318,733 44 *31~. 733 -~4 Increase. ableJ Volunteer Soldiers. 50. Completion of soldiers' monument ················ 2, 000 00 ~~. 000 00 Do. at central branch of National Military Home. 51. Support of Leavenworth military .--··· ........... 61,688 15 *61,688 15 Do. prison. 58. Protection of river-banks at Fort ..................... 10,000 00 *10, 000 00 An increase. Brown, Texas. 59. To pay John Titus, late chief-jus- ................... ~ 658 80 *658 80 Do. tice of Arizona Territory. 60. For geological and geographical 75,000 00 65,000 00 10,000 00 Probably a saving. surveys of the Territories of the United States, by Prof. F.V. Hay- den. 61. For completion of the geographical 25, 000 00 30,000 00 ..5, 000 00 An increase. and ~eologi.calsurveys of the Ter- ritorles of the United States, by · J. W. Powell. 6'2. Black Hills survey under Prof. J. ................. · ~·- 14,000 00 *14, 000 00 Do. W.Jenney. 63. For surveys of public lands, sur- 958,790 00 311,400 00 647,390 00 Postponed. The public lands of this country must be surveyed. Appropria- veyors-general and their clerks, tions denied this year will have to be made hereafter. Hence this amount fuel, rent, &c. is ouly postponed. 64. For expenses of collection of reve- 601,640 00 423,658 21 177,981 79 Postponed. These "expenses " are about the same each year, and are easily nue from sales of public lands. ascertained. This "reduetion " upon the amount required last year will doubtless appear in the deficiency bill for next session. 65. For expenses connected with the ........................... 1, 000 ()() *1, 000 00 An increase. sale of the United States arsenal property at Dearbomville, Mich. 66. For maps of the geographical and 40,000 00 ........................ 40,000 00 The survey& have been made at great expense, and of course the maps will geological surveys of the Terri- be published hereafter ; hence the necessary appropriation for that pur- tories. pose is only postponed. • 67. For oollectin~ of mining and min- 15,000 00 ..................... 15,000 00 The work having been completed and \)aid for last year, needed no appro- . eraJ. statistics, under Prof. R. W. priation this year, and therefore this Item is neither a "reduction" nor a Raymond. "saving." 68. For completion of jail in District 140,057 93 ..................... 140,057 93 Same remarks as that to last item. of Colombia. · 69. For fence aroundj:ill, heating-appa- 45,491 00 . ·-· ................. 45,491 00 Same remarkS. ratus, kitchen-utensils, wash- , ,, room apparatna, and driving-en- gine. 70. Safe for disbursing-clerk of Interior 2,000 00 2,000 00 Do. Department. 71. Furiliture and repair of capitol 5, 274 75 5,274 75 Do. bnilding of Washington Terri- tory. · 72. E ngravmgan d pnnting · · Centenrua · l 30,750 00 30, 750 00 Do. stock certificates for Interna- tional Exhibition. 73. To pay crippled and disabled sol- 12,549 60 12, 549 60 Provided for in the legislative bill, and hence not a. · saving." diers now in the employment of the Doorkeeper of the Rouse. 74. Copies of summary reports of Com- 1, 000 00 1, 000 00 Paid for last year, and hence no appropriation necessary this. missioners of Claims. 75. Monuments in the Congressional 1, 500 00 1, 500 00 Same remark as that with reference to last item. · Cemetery to deceased Senators and Representatives. 76. Noiseless steam-pump for Hou~e of 1, 000 00 1,000 00 Do. Representatives. 77. Temporary clerks in the Treasury 60,000 00 60, 000 00 Omitted this year, but inserted in legislative, executive, and judicial bill; Department. hence no "saving." 78. Salaries and traveliog.expenses of 13,350 00 13,350 00 Not a saving, but a service omitted which should have been provided _,r, agents at seal-fisheries in Alaska. 79. Examination of rebel archives ...... 6, 000 00 6, 000 00 A saving of 6,000, which may result in .crreat losses to the Government. These archives have furnished the mec.ns of preventing the payment of claims against the United States amounting to millions of dol.lars. Their further examination is imp~ratively requirOO. 80. First installment to Miss Vinnie 5,000 00 5, 000 00 No appropriation required this year. Ream for statue of Admiral Farragut. 1876. OONGRESSlON.At ·RECORD-SENATE. 5513 TM 8'Undry civil approp1'iati of whom have been to some extent brought under the influence of civil· 43. In Wyoming Territory ............. 44. In Nevada ......................... 45. In New Mexico ................ ... . 5, O!JO 00 35,000 00 40,000 00 1, 500 00 5, 000 00 15,000 00 3, 500 00 30,000 00 25,000 00 Iization. The sum appropriated bti: House bill ia totally inad.e~ate. A reduction anywhere else wonld ave been attended by less · astrous consequences. Withholding these comparatively small sums will exaa- Jperate the Indians all ove11 these States and Territories, and may induce :~: ~ %~r~. ~ ~- ~~~::: :::::::::: ::~:::·. 45,000 00 10,000 00 35,000 00 20,000 00 10,000 00 10,000 00 them to join the hostile savages in a general Indian war. 48. Transportation and annuity .•..... . 5,000 00 ...................... 5, 000 00 JNTERESi- ON TRUST-FUND STOCKS. .; 49. Cherokee national fund ........... 26,390 00 26,060 00 330 00 Reduced by Department estimates; not by the House of Representatives. 50. Cherokee school-fund .......•...... 2, 470 00 2,410 00 60 00 Do. 51. Chickasaw national fund ........... 15,140 00 24,500 00 *9, 360 00 An increase. 52. Iowa trust fund .................... :J, 790 00 3, 520 00 270 00 Reduced by Department estimates; not by House of Representative& 53. K.askaskias, PeoriaR, Weas, Pian- 5, 251 00 4,801 00 450 00 Do. keahawa trust-fund. 54. For expenses of various Indian 214,800 00 ······-········· 214,800 00 This a~parent reduction results from the omis~ion in House billa to provide agencies, including clerks, inter- for t e Indian service. It is not in fact a reduction of expenditures, for pretera,~ectors, travelin~ ex- the transfer to the War Department, which was contemplated, would have · penses, · dings and repau- of I required additional appropriations for that Department quite equal to the same, vaccine matter and vac- pretended saving. · ctna~ion of Indil\ns, and oontin- • genc1ea. 55. Interest on Delaware fnnd ......... 1, 854 76 ......... ............... 1, 854 76 Reduced by Department estimates. 56. Shoshones, Bannack, and other 20,000 00 ...... .................. 20,000 00 This amount was appropriated last year to assist the Indians to locate on bands of Indians in Idaho and new reservations, and was not required this year for that l)urpose. Southern Oregon. 57. For coJonization and au~]fi)~a 50,000 00 ... ............... ... ..... 50,000 00 This is a discretionary item, but a part should have been appropriated this the Wichitaa and other · te year. banda. 58. Expense of genernl council in In- dian Territory. 59. Expense of commis.sion of citizens . 3,000 00 .............. .......... 15,000 00 ........................ . 3, 000 00 15,000 00 This item has usually been paid. A failure to appropriate for an important service. 60. Incidentn.l expenses of Centml Su- 4, 000 00 .... . ........................ 4, 000 00 May be dispensed with, but if appropriated would have boon profitably ex- perin tendency. pended. 61. Incidental expenses of Northern 2, 000 00 ............................... 2, 000 00 Same remark. Superintendency. fi!l. Collection of statistical and histor- 3, 500 00 ........ . ....... . ......... 3, 500 00 A work of value, which has been prosecuted for two years, but must be sua- ical data. pended and material lost if not provided for. 63. Education of Creeks ................ 2, 810 00 . .......................... . 2,810 00 A discretionary item . 64. Support, education, and civilization 300,000 00 ............................. 300,000 QO This was ~ropriated last year, on recommenllation of the President and Seo- of 3,000 or more captive Indians. retary o terior. It wa~ for an emergency which does not exist this year, i\Jld hence the approJriation was not necessary. 65. To indemnify Pawnee Indiana for 6, 000 00 .. . . ........ . ...... . ...... . 6, 000 00 Having been prov1de for last year, no appropriation wa.a asked tor this 4,800 acres of lann. year. 66. To enable the Kasekaskias,W eas, 10,000 00 ............................. 10,000 00 A discretionary item. Peoriaa, and Piank.shaws to boy seed and grain for farming pur- poses. 67. Amounts aJbropriated for various 273,977 01 262, 2n ot 1 11,700 00 Tbia diJference is accounted for by the fact that certain items for trana~rta- tribes an ands. tion last year were included in the several amounts apf:opriated for Ufer- ent tribes. This year they were appropr.,iated in one i m. 68. Appropriations for the current fis. 667,353 65 667, 353 65 !............... cal year, which are the same as the 'corresponding appropriations ' fo~ last year. ---- Total ••·................ ... .... . 5, 360, 554 55 4, 086, 612 01 1, 273,942 54 . Reduction from 1876 ........... ............................... .................................. 1, 273, 942 54 •o Mr. SAl.J.LSBURY. Mr. President, I am aware of the difficulty of political friends to prevent any reduction, there has been an actual making an impromptu reply to a well-prepared written speech, deliv- curtailment of more than $29,000,000, extorted by the persistent de- ered by one so intelligent on all subjects as the Senator from Minne- termination in favor of economy by the House of Representatives sota, [Mr. WINDOM.] But I shall make no apology. The bill now from an unwilling majority in this Senate. under consideration has been made an occaaion for the discussion of The Senator desires in the closing hours of the session to put upon political topics, and if I trespass upon the attention of. the Senate a the record a protest against that economy and to strip it of the merit few moments in the same line of remarks it will be justified by the which it possesses; but the people of this eountry, when they see example of the Senator who has just taken his seat. that the expenses of this Government are reduced, when they learn The effort of the Senator from Minnesota has been, if possible, to that the House of Representatives only succeeded in reducing ex- deprive the democratic party.of all the advantage which he supposes penditures by the most persistent determination in favor of economy, it possesses in the coming campaign arising out of the reduction of will not fail to appreciate and give credit to tliat party which has public exp6Ilditures. He is a member of the Appropriation Commit- ori~ated and effected an economy and a reduction of expenditures tee, and knows full well that the reduction of expenditure proposed wh1ch if it ha-d been practiced for the last ten years would have on the part of the democratic House of Representatives reached some relieved the depressed industries of the country and rendered it pros- $38,000,000 as the bills came from the House. He knows that by .t he perous at the present time. It is admitted by the Senator from persistence of the House of Representatives against the adverse wishes I Minnesota that the Hou.se bills did propose a reduction of over of .the Senator, against the strenuous efforts of the Senator and his I $38,000",000, but he attempts to parry the force of that by ender~vor 1876. CONGRESSIONAL REOORD-SENATE. 5517 ing to show that these redudions of expenses are in fact no re- to interruptions in advance. ! _desire always to be courteous; but I ductions, that many of them will be supplied by deficiencies. I I do not care to have injected in any speech of mine-- . inquire how the Senator from Minnesota knows that at the next Mr. SARGENT. I did not suppose the Senator·was making a cam- session of Congress there will be any bills passed for deficiencies. paign speech or I would not have interposed. If the Senator wpl I say to the Senator that h~ and his friends had better put them- not yield, I will take my seat. selves in harmony with the sentiment expressed by the democratic Mr. SAULSBURY. I was willing to hear a brief statement. candidate for the Presidency in 1865, "Live within your income." Mr. SARGEN'l'. I have only a few more words to say. I say to the Senator that he and his party who are now controlling Mr. KERNAN. The speech on the other side was a great cam- the Executive Departments of this Government had better live paign speech and stopped all our.work. • within their appropriations. There will not be a willing Congress Mr. SARGENT. Perhaps. But I was sorry it was made, because here at the next session to indulge and to look over and to excuse it wa-s interrupting business that I wanted to press; but I think that and to palliate extravagance in any Department. Do not calculate the fact I wish to state is int-eresting. on large deficiency bills being pa.ssed. Live within your income, liv.e Mr. SAULSBURY. The Senator can follow me. within your appropriations; and I caution the Senator to advise his Mr. SARGENT. I do not want to follow you; but if the· Senator frienda in advance that there must be no needless expenditure of the does not want to hear me, I will surrender. public money, expecting that it will be condoned by the democratic Mr. SAULSBURY. I prefer to go on. House of Representatives at the next session of Congress. Mr. KERNAN. I want to go on with the bill we are trying to pass. Mr. President, the Senator says that the boasted promise of a re- Mr. SAULSBURY. It 'may be that it will be a little more con- duction of $40,000,000 has dwindled down to $29,000,000. Let me venient for .the Departments to have regular clerks in charge of these ask the Senate whose fault that is. Have not the House shown an papers; but clerks from their own Departments ca.nhave no difficulty anxiety to reduce to the full extent that they claimed they were in readily procuring any of the . papers which are already labeled. able to reduce' Have they not continuously insisted that the Senate If the Adjutant-General desires to have any of these papers, can he on the disagreement of the two Houses should yield and that the reduc- not detail any clerk of his own to go there and get any paper he de- tion, which they proposed should be allowed! It ill becomes the Sen- sires, when every one, I am informed by the Senator from Con- ator from Minnesota, who steadily resisted the demands of the House necticut, is labeled and can easily be found! for economy, now to complain of the House because they have not So much for that. I will not follow the Seuator through all the fully redeemed their pledge of a year ago. They have done all in appropriations; but I say generally that, in my opinion, the reduction their power to redeem it; but they have been met and contested in of expenditures is not only wise and proper, but that it ha.s been de- every point; f!Ot a single appropriation bill has come from the House manded by the public judgment of the country. The people have to the Senate but ha-s encountered the fiercest opposition of the Sen- been subjected to enormous taxation; they have paid a very large ator and his friends. If the wishes of the House bad been complied amount of taxes into the public Treasury. They have been doin~ it with, every dollar which they proposed to curtail the public expend- ever since the republican party came into power; and notwithstanding itures would have been saved, and it is a disingenuous argument we have had peace for eleven years, taxation is still high and oppress- now to say that the House has failed to redeem its promise to cut ive. Of course there have been some reductions since the termina- down the expense some $40,000,000 when that Senator and every Sen- tion of the war, but the people now are less able to pay than for- ator on this floor knows that such was the wish and such was the merly. The continual drain which has been made on the resources effort of the democra.tic House of Representatives. of the people has rendered them less able to meet the demands of the I do not propose to follow the Senator from Minnesota in the various Government on them, antl they have decreed that there shall be re- items of appropriations to whi..:h he has referred. That would be ut- trenchment and reform. They elected the majority of the present terly impossible in an intprmnptu speech following immediately the House -of Representatives under the belief and with the expectation well prepared written speech of the Senator. I shall speak of results and desire that they would effectuate some reform in reference to the therefore, and not of items of appropriation. But one of the items expenditures of the General Government. The democrats of the for which he complains there was no appropriation made was for the House met that demand. They have cut down, according to the purpose of employing clerks to superintend the rebel archives, as they Senator from Minnesota, the expenses over $29,000,000, and but for are called. I wish in reference to that to say that those archives the resistance and opposition which they met in this Chamber they have been in the possession of the Government several years. I do would have had that reduction some $10,000,000 more. not know the exa.{lt period. There have been appropriations every Now, I say to my friend the Senator from Minnesota, that if the session for the purpose of arranging those archives, and I am told democratic party in the coming canvass succeed to power, if they that they are all arranged and labeled and that every one of those succe~d in elevating to the Presidency .Mr. Tilden, of New York, it papers can be obtained without difficulty and that the employment will be a guarantee to the country that the expenses of the Govern- of those clerks was simply in aid of attorneys and others who desired ment will be further reduced. I have believed for years that we to use those papers, abd that the services of clerks, for whom the Sen- were paying from sixty to one hundred million dollars in taxes more ate proposed to appropriate $6,000, were not needed for t.he public than we ought to pay, and I have no question that the elevation of business of the country, but solely to aid men who had business pro- Mr. Tilden to the Presidency will insure a further reduction equal B>t fessionally with those . papers. Certainly there has been sufficient least to that which has been made at the present session. length of time to have had every paper arranged alphabetically and I shall pass on and notice some other matters that were referred to labeled, and I am sure that that is the case. Why then does the Sen- by the Senator from Minnesota. He says that the democratic party ator from Minnesota complain that an appropriation of $6,000 to pay has charged that there has been extravagance. I think the action of clerks for that service was struck out by the House of Representa- the House of Representatives in: curtailing the expenses of the Gov- tives 7 Was it not proper that it should be done? The House of ernment in a single ~ession $29,000,000 demonstrates the truth of that Representatives and its committees were vigilant and ascertained the charge conclusively. I need not go into the particulars to establish fad that there wa.s no necessity for such an appropriation, which that charge. I can furnish individual instances in which there has would have been simply continuing in place persons who had been been extravagant use of the public money; but the general fact that put there by political influence, persons whose services were not nec- a reduction has taken place of more than $29,000,000 at the present. essary for the interests of the country, I again repeat. That is one session fully establishes the correctness of the charge of extmvagance of the items of economy of which the Senator from Minnesota. com- which we have for years preferred against the republican party. plains. The House deserves credit for the curtailment of all such ex- The Senator from Minnesota says that the charge of extravaaance has penditures of puhlic money. not been established and the charges of corruption have failed of proof. Mr~ SARGE~'T. I am sorry to prolong a political discussion; but It is ·always unpleasant to prefer charges of corruption against men or I would like to call the Senator's attention to one fact, of which, against parties; but I may be allowed to say that there is a general perhaps, he is not aware, that shows the necessity of the appropria- impression in the country, and the facts elicited at the present session tion. I presume if the House had known the fact they would not of Congress in my opinion justify the correctness of that conclusion, have resisted it. that there have been malversations in office amounting to corruption A few days ago I reported from the Committee on Naval Mfairs a in every proper sense of the word. Sir, "corruption'' is not limited to bill for the relief of David De Haven. The evidence seemed to be that the mere fact of taking bribes. The use of the public money without his vessel had been recaptored . by the United States and that the authority of law and in violation of law, the use of the public money vessel never, with his consent at any rate, was in the rebel service for the purpose of promoting individual interests or for partisan politi- and probably not in it at all. These seemed to be the facts, and de- cal purposes, is in every proper sense corruption in office. siring to do him justice I so reported and also reported my views of Well, sir, the investigations this session have shown that there has the law. The views of the committee on the law being somewhat been defiance of law, use of money without authority of law and in questioned, the result was a delay and the bill was not immediately contravention of law. .A notable instance of that might be pointed acted upon. The discussion, however, called the attention of the out in the issuing of bonds in this District by the board of commis- Adjutant-General to the matter. He had clerks to do the duty then, sioners without authority of law. The records of this conntry abound which denial of appropriation now deprives him of. I received a with such instances. I do not say that they occur in every Depart- communication from him of a startling character, drawn from these ment of the Government; but I say they have occurred in some of the records, which I may state in a few words-- Departments of the Government and have been brought to light by Mr. SAULSBURY. I do not care to have the Senator interrupt me the investigations that have taken place. Why were not these inves- in this way. · tigations instituted by our republican friends Y They have been in Mr. SARGENT. Allow me to state the circumstance. power for fifteen years. They have had the control of the Senath Mr. SAULSBURY. The Senator from Minnesota declined to yield and the control of the Honse of Representatives; and when com- 5518 OONGRESSIONAL RECORD-SENATE. AUGUST 12, plaints have been made and investigations have been ordered, how money therebr. for himself and obtained fat jobs for his employers. have they resulted f Most usually in what has been termed the white- I cannot detrul all the operations of this character. Now, whatever washing of the party a:ccnsed. They have revealed none of the cor- was paid to these men for their influence entered into the cost of the ruptions, none of the extravagances which have been brou~ht to light material which was furnished to the Navy. This Mr. Grant, paid for at the first session of a democratic House of Representatives. And his influence, secured a contract for vessel-knees for a firm in Balti- now, I as~1 has there not been misuse of the public money f I cannot more, and purchased them in my State, when citizens of my own refer to all the Departments of this Government in which there have State desired to oata.in contracts to deliver vessel-knees for the Navy been waste and extravagance; but let me call your attention to one but could not obtain such contracts. He paid, I am informed, from Departmentonlywhere the investigations of the Honse of Represent- $7 to $9 per knee, and they were delivered in New York and :Brook- atives show conclusively that there have been very great disregard of lyn, and paid for by the Government at the rate of $27 and $28 per knee. law and very great waste and extravagance in the use of the public These materials were not needed by the Department, and no one but money. Let me invite your attention to the Navy Department. Grant could obtain such a contract. I do not wish in any remarks which I make to say anything unkind But, Mr. President, part of the money appropriated to theNavy baa of the Secretary of the Navy. So far as I know that officer, he is a gone for political purposes. It is well known that on the eve of every gentleman of character and integrity. I would be the last man to election a large number of persons not necessary for the service have cast any imputation upon the Secretary. Unless I knew the fact that been employed in the navy-yards of the country, put there for politi- he himself was guilty of some willful malversation in office, I would cal purposes alone, given employment, that their votes mi~ht be con- prefer no such charge against him. I believe, however, that he has trolled, a.nd the committee that investigated naval affaus declare been careless in his administration of the Department committed to that in their judgment there has been $1,000,000 each election year his charge; and, by reason of that carelessness, by reason of that in- wasted in the Navy Depariment for political purposes alone, not for attention to the duties devolving upon him, especially in the super- advancing the public service, but for the purpose of assistin~ the re- vision of subordinates, that there has been much waste of the pub- publican party. I will read some of the testimony on th1s point. lic money. What have we appropriated to the Navy Department f The following is an extract from the examination of Constructor I need not go back to the beginning of the republican administration Webb, of the Kittery navy-yard, to be found on pages 53 and 54 of of the Government in 1861. I will take it only during the existence the testimony taken in reference the Kittery navy-yard by the Honse of the present Administration, for eight years. Our appropriations Naval Committee: have averaged more than $20,000,000 a year for that time. I think Question. In the selection of that labor at any one of the yards at which yon have they have reached somewhere near$175,000,000or$180,000,000 during been located, is it within yonr knowledge that a contest of either political party has that period. in any way interfered so as to determine anything about their selection I .Answer. Notwithme. Now, what is the condition of your Navy f With this lavish ex- Q. Do you know whether the fact exists 7 · penditure of money we ought to have had a navy able to compete A. I know the fact exists by information derived from the commandant of the with the proudest naval establishment in the world. But what is station. the condition of the Navy to-day f It is declared to be in a very in- Q. Did yon ever know of a meeting to occnr in the office of the commandant of the navy-yard at Kittery in which politlaiana of either New Hampshire or Maine ferior condition, unable to compete with the navies of several of the were present 7 European powers. Notwithstanding we have expended nearly $180,- .A.. I was so informed by Commodore Pennock that such was the case. 000,000 since President Grant came into power, still we have an ineffi- Q. Did yon see a list that wa.s furnished at that meeting 1 cient Navy, one unable to protect our commerce in case of war, or to A. I was furnished with a list by the commodore of the station, which wa.s ad· dressed oo him by a committee. render very valuable service in case of collision with any foreign power. Q. That was a list of men to be taken on for work 1 I have looked somewhat intlo the report of the House Naval Com- A. .A. list of men to be employed. mittee, and I desire to call attention now to the statement of Admiral Q. Didn't it come to yon in the first instance, and yon refused to recognize any Porter. He states the amount appropriated : outside authority 1 .A.. It did. The amount calculated for these ~ual additions to the Navy may apllear large Q. Didn't xon demand that it should have the sanction of aome other authority 1 in the aggregate, but it is in fact small when compared with the appropnations es- A. I sent 1t back to where it came from, with word that it must be addressed to timated lor from 1866 to 1876, ($251. 779,000,) which, after deducting pay of officel'8 the commanding officer of the yard, as I received no such communications. and men and e~nses of the Marine Corps, amount, for navy-yardS, repairs, eg_ui_P- Q • .And snbsequently it came to yon through the commandant, did it 7 ment, and building a few small veasels, to an average of fJ8,200tOOO annually. Tbi8, A. The same list addressed to the commandant came to me. too, after an expenditure of 1280,000,000 during the war, whicn ought to have left Q. In that case did yon exercise any discretion at all or just take them on in us a powerful Nav;y. With all this expenditure, we are not at present provided obedience to the order t with a single first-c1aas veasel, either for defense or for fast steaming, nor have we A. I considered that I was not allowed any discretion in the matter, but simply one powerful rifie-gun in the Navy. to take the men and operate them to the best adwmtage for the interests of the Government. This is the declaration of AdDrlral Porter in reference to the con- On the same point Commodore Fairfax, whose testimony will be dition of the Navy. He goes on: found on page 96, gave the following testimony speaking of the Onr Navy, taken as a whole, is worth nothing, and the sooner the countty under- abuses at the yard : stands that fact the better. It would require a great stretch of credulity to make Question. What are those abuses t one believe that the Navy is in the flourishing condition represented by Chief Con- .Answer. The unnecessary number of men employed prior to elections. strnctor Hanscom in his late report to the honorable Secretary of theNavy. Prob- Q. Is that a matter within yonr own personal observation 7 ably he believes what he says, that "the power of our iron-clads for harbor and J.... Yes, sir; at the Kittery navy-yard. I was there two yea.rs1 and,have wit- coast defense, where the fighting will be done in smooth water, must be considered nessed the constant interference on the part of M.r. Hanscom in discharging and equal, if not superior, to that of a large number of sea-going iron-clads of foreign em\)loying men. He often took on worthle88 men instead of good men. I have nations;" and that "no officer in command of one of our monitors would hesitate to an nnpression that M.r. Robeson, being a very indolent man and not attending to his engage in action, in smooth water, any sea-going iron..()lad vessel yet afioat, except dnties, has allowed abuses through tnese Bnreans. There are good, honest men perhaps a few of the latest type." in the navy-yards that cannot give information in consequence of their not being There is not a navy in the world that is not in advance of us as regards shills acquainted with the "Qooks; instances of material having been received when it and guns, and I, in common with the older officers of the service, feel an anxiety ought to have been rejected. on tlie subject which can ooly be appreciated b;y those who have te command fleets and take them into battle. If called upon at this time to command the naval forces To show the extent to which this abuse was carried and that the pub- of the United States in case of hostilities, a ~sition which it is my ambition and lic money was used for political purposes, I will cite the letter of the my right to fill, I should be put to my wits end to succeed with such an incon- gruous set of vessels as we now posseas. Chief of the Bureau of Construction, addressed to Commodore Nichols, United States Navy, commandant at the Boston navy-yard. The That is the condition of your Navy after the expenditure of from election was coming off, and the election of the republican candi- $180,000,000 to $200,000,000 since the present Administration came into dates for Congress was desired by the Administration, and Hanscom power. Now has there been no waste of that money f Where has it wrote as follows: gone f What has become of it f This report reveals to the American Private.) BoSTON, MA.s8ACHUSETI'S., October 23, 1874. people some of the leaks, some of the waste, some of the extravagance MY DEAR CoMMODORE : I wish yon would approve requisit1ons for men to be that has been practiced in that Department. Why, sir, men have sat employed as the~ may be made until the lstof November. at the door-! speak of course figuratively-of the Navy Department, Some fifty additional men h.a8 allowed from the Chelsea district, and I suppose more will be required from Gooch's district. . men of influence with this Administration, and extorted from persons some The admlni.stration desire the success of Gooch and Frost. who desired contracts large sums of money for their influence. I Yours respectfully, cannot name all the cases of that kind that have occurred; but there I. HANSCOM. is one firm that acknowledges according to this report to have re- OommodoreE. T. NICHO~, U.S.N., Oommandant. ceived $300,000 for the infiuence which it possessed with the Navy Department. I do not say that the Secretary of the Navy knew that. It seems Constructor Hanscom had nothin~ to do but demand that those men were ~peculating upon theJr friendship with him. Far men should be taken on just prior to an election, paid for a month or from it. I am willing to believe that if the Secretary of the Navy two, usually for the months of October and November, and discharged had known that parties were selling their influence with the Depart- about the 1st of December; and it is shown by the tables that one ment and extorting large sums of money from persons having busi- thousand and fifty-nine men at the Boston navy-yard alone, just be- ness with the Department he would have dismissed such men from fore the election, were employed in the navy-yard in order that their his confidence. But the fact exists that those men had influence and votes might be controlled. that they sold it, and thereby obtained contracts for their clients .at The committee of the Honse of Representatives comes to the con- extravagant prices. clusion that in this item alone, the employment of unnecessary labor This investigation reveals the fact that Orville Grant, a brother of for political pnrpo86B, a million dollars bas been annually spent for the Preoident of the United States, possessing influence with this Ad- several years past. That is what has become of your money. Cer- ministration, sold that influence and made considerable amounts of tainly there has been no proper application of the $180,000,000 or t87o. CONGRESSIONAL RECORD-SENATE. 5519 $200,000,000 that has been appropriated during the present Adminii- That is the statement of the Senator from Ohio. He ought to have tration to sustain the Navy; but it has been wasted in fat jobs and been, in my judgment, a little more careful in his declaration that contracts and in expenditures for political purposes. When the peo- there was an error in the statement of Governor Tilden, because he ple of the country are paying taxes to carry on the Government, have ha-s himself fallen into a very egregious blunder in representin~ that they no right to complain of snch diversion of the public money im- there was an error of 500,000,000 on the part of Governor Ttlden. properly used for the purpose of perpetuating the republican party He admits that there was collected from all sources $4,192,633,000, in powerf That a portion of the m'Jney which they have paid in and that one hundred and sixty-odd millions of this was for the should be used for such purposes is a just matter of camplaint on the premium on gold sold and $4,000,000,000 from taxes; and he supple- part of men of all political parties. ments a table at the end of his speech showing the amonnt derived I have not time to go through with this entire report, or I could from customs, which are payable in gold, during the eleven years. show that there have been not only repeated violations of law, aris- He gives the total amount derived from customs at $1,973,589,621.26, ing more perhaps from negligence than from design, bnt that there and he shows that there was $167,037,384.39 premium upon the gold has been a careless adminjstration of the Department, which has sold. resulted in immense loss to the Government. The statement of Governor Tilden was made upon a currency ba- The Senator from Minnesota says that there has been a diligent sis, and when he stated that there had been $4,500,000,000 paid in search for corruption and extravagance and that ·none have been taxes he meant of course in currency, and did not mean in gold. The found. I have pointed him to these instances, and if he would search Senator from Ohio, from the manner in which he placed his state- these reports carefully and impartially he would find in every report ment, evidently designed to keep out of view that this premium on upon affairs in the Department submitted to the House of Repre- gold sold was derived from taxation; that it waa gold paid by t~­ sentatives that a careless administration of the Departments, an ation which was sold and realized the premium of $167,037,384.39. unnecessary expenditure of money of the Government, of which the That is as much a part of the taxes as anything else, and when added people justly have a right to complain, has been revealed. to the 4,000,000,000, which the Senator admits, would make the sum I do not like to speak of corruption. The Senator says there has $4,167,037,384.39. That was the premium on the gold actually sold, been none foundL Sir, have we not had a case pending here for not upon the amount collected. You collected $1,97l589,621.26 in months in this Senate f Do not the records of this body show the gold, and sold le88, I suppose, than eight hundred millions of that evidence that a high public officer, controlling immense patronage, amount and realized upon it over $167,000,000. If you calculate the occupying one of the highest positions in the American Government, premium on the residue of the gold that was paid for customs at the has been brought t.o your bar and been put upon trial upon charges same rates annually that was paid for the gold sold, you will find of that character f I would not pursue a falling man, and I only that the premium which would have been realized, added to the refer to this in reply to the declaration of the Senator from Minne- $4,167,037,384.39 admitted to have been received from taxes, will sota tllat there has been no corruption. I will not say that the Pres- reach the sum mentioned by Governor Tilden. So that "ihe Senator ident of the United States has been compelled to dismiss a Private from Ohio, himself occupying a very high position, rose in his place Secretary because of charges of this kind; I will not say that there here and char~ed the democratic candidate for President with a gross has been to a certain extent a re-organization of the clerical force of error amoullting to $500,000,000, and from the simplest calculation the White Hou~:~e because of charges of this nature; but I will say you find the mistake is attributed to himself and not to Governor Til- that there have been prosecutions of public offenders who have de- den. In 1866 one of the years which the Senator places in his state- frauded the revenues of the country; that a. large number of men ment, you oniy realized from cll8toms $179,046,651.58, and yet the have been convicted for frauds on the public Treasury, and that much premium on the sales of gold that year were $38,083,055.68. ~ of the revenue of the country has by reason of frauds and corruption If the Senator from Ohio had gone into a careful calculation and been diverted from the vaults of the Treasury. If you go to Milwau- ascertained the amount of ~es actually paid and added the pre- kee, if you go to Indianapolis, if you ~o to Saint Louis, you will find mium on gold received :from custoiDB, he would have found that that there has btren the greatest possible fraud practiced upon the there was no error in the statement of Governor Tilden, and would revenue of the country, and that for a long time there was not the not have been at fault in his calculations. vigilance in guarding the revenues which proper administration ought I deemed it proper to make this statement, because I knew the im- to have insured. portance that would be attached to a statement made by the chair- Then, Mr. President, it is a. very significant fact that when a pros- man of the Finance Committee. Knowing that that statement was ecution was commenced ag~st these men some of the very men erroneous1not by design I admit, but because the Senator himself had most efficient in ferreting out these frauds upon the revenue and not gone mto a proper investigation of this subject, I felt that it was bringing to condign punishment the men who had practiced the due to the democratic candidate for President that in this Senate frauds have been dismissed from the public service ; I will not say Chamber, on the very theater where he had been charged with an because of their vigilance in these matters. The public will make error amounting to five hundred millions, the correction should be up their own opinions in reference to that. made. The statement of the Senator from Ohio has been corrected Mr. President, a& I have no set speech I shall not be particular in upon a different basis by the Senator from Connecticut in his speech reference to the topics which I introduce consecutively in my remarks; the other day, but I have chosen t.o make the correction upon the and I shall at this point now call attention to a statement made by basis which I have brought before the Senate in order to show that the Sem1.tor from Ohio, [Mr. SHE.RMAN,) not now in his seat, in regard either by an examination of the expenditures or by an examination _to the figures submitted by Mr. Tilden in his letter of acceptance. I of the money actually paid into the Treasury from taxation there do it for the purpose of correcting an er1or made by the Senatorfrom was no error in the statement of Governor Tilden, but that the Sen- Ohio. While he was criticising and analyzing as best he could the ator from Ohio was himself mistaken. inimitable letter of the democratic candidate _for Preside.nt, he took Mr. SARGENT. I ask the Senator from Delaware to yield to allow occasion to represent that Governor Tilden had fallen into a gross me to move that the Senate take a receBS at five o'clock until half error in reference to the amount of Federal taxes paid by the people past seven o'clock this evening. in the last eleven years. The Senator stated that Governor Tilden Mr. SAULSBURY. Very well. had made a mistake of nearly $500,000,000, and he went into calcula- tioll8 and submitted tables to establish that fact. If such a statement RECESS. had been made by any ordinary Senator perhn.ps it might be unneces- Mr. SARGENT. I move that at five o'clock the Senate take are- sary to give it notice, but the statement was made by the chairman cess until half past seven this evening. · oftheFinanceCommittee,occupyinghimselfahighpositioninrelation Mr. ANTHONY. There ought to be an executive session some ?me tothequestionofthefi.nance~ofthecountry. Thereforeanyerrorwhich this evening. I am afraid we shall not get a quorum here to-rught. he may impute to Governor Tilden unless contradicted may carry with it Mr. EATON. We can have an' executive session at half past seven, weight to the country. It is only because of that fact that I now when we first meet. deem it necessary to notice the remarks of the Senator from Ohio. My Mr. ANTHONY. The difficulty is there will be nobody here. friend, the Senator from Connecticut, [Mr. EATON,] the other day Mr. SARGENT. Then there will not be anybody to prevent action. submitted estimates and statements to show that there waa no error Mr. ANTHONY. I shall not interfere with the Senator who has on the part of Governor Tilden, and proved very conchisively from the charge of the pending bill. expenditures of the General Government that the conclusions of Gov- The PRESIDENT pro tempore. The Senator from California moves ernor Tilden were right, and that the conclusions of the Senator from that the Senate take a recess at five o'clock until half past seven Ohio were erroneous. I shall take· it upon another ba-sis. The Sena- o'clock. tor from Ohio said: The motion was agreed to. In another claUBe, which I will not trouble you to read in fnll, Gi>vernor Tilden 881.8 tbat- :MESSAGE FROM THE HOUSE. ood ~·Federal taxee of thela.st eleven years reach the gigantic sum of $4,500,· A message from the House of Representatives, by Mr. GEORGE M. i' showed you last night, in reply to another statement, that that waa rotally ADAMS, its Clerk, announced that the House had concurred in there- erroneous. He has fallen down $100,000,000 or $200,000,000 below the democratic port of the committee of conference on the disa.greeing votes of tbe platform; but the whole amount, as I showed you, that waa collected from all 80u.roo8, waa $4,1~633,000, and Qlte hundred and sixty-odd millions of this waa for two Houses on the bill (H. R. No. 1594) making appropriations for the premium on gold sold, which was a aonrce of revenue used to paY: off t.he pre- the consular and-diplomatic service of the Government for the year mium on bonds purchased. Deducting one sum from the other leaves about ending June 30, 1877, and for other purposes. $4,000,000,000; and now Governor Tilden, on a simple fact that might be solved by The message also announced that the House passed a concurent reference to a public document, states the amount that was raised at $4,500,000,000, or a mistake of $500,000,000. ' 1·esolution for the printing of one thousand extra copies of the report 5520 OONGRESSIONAL REOORD-SENATE. AUGUST 12, of the Superintendent of Coast Survey for the year ending June 30, Sooretary of State, and for the time allowed by law for transit from their respective 1874, and for the printing of the same number of copies of his report posts to their places of residence, 125,000, or so much t.hereof as may be necessary." And the Senate agree to the same. for the year ending June 30, 1875, for distribution by the Superin- . A. A. SARGENT, tendent of the Coast Survey. GEO. S. BOUTWELL, T. M. NORWOOD, CONSULAR AND DIPLOMATIC BILL. Managers on the part of the Senate. Mr. SARGENT. Will the Senator from Delaware allow me, as it 0. R. SINGLETON, WM. S. HOLMAN, is nearly five o'clock, to ask unanimous consent to present a report CHAS. FOSTER, from a committee of conference t It will probably take but a mo- Ma'Mf}trs on the part of the House. ment. Mr. ANTHONY. I suggest to the Senator from California that he Mr. SAULSBURY. I will yield to the Senator. explain the report. 1\Ir. SARGENT. With the consent of the Senator from Delaware, Mr. SARGENT. The proposition was made to the Senate conferees I ask unanimous consent, without displacing the business before the by the House conferees to exactly divide the money difference be- Senate, to present a conference report. tween the two Houses upon the diplomatic portion of the bill, and The PRESIDENT p1·o tempm·e. The Chair hears no objection. also upon the consular portion of the bill. The Senate conferees took Mr. SARGENT submitted the following report: some time to consult over that proposition and consider it, to ascer- The committee of conference on the disagreeing votes of the two Houses on the tain how the bill could be arranged, in order to see if it could be ar- amendments of the Scn.'\te to the bill (H. R: No. 1594) making appropriations for ranged without absolute injury to the public service. As a result of the consular and diplomatic service of the Government for the year ending June 30 the conference, on gettin~ the best light they conld, they assented to 1877, and for other purposes, having met, after full and free coriference have ag;ood to recommend, and do recommend, to their respective Houses as follows: the proposition~ and that IS the financial aspect about 100,000 a. year. During this fi!cal year, if there is no storm or Rochelle;" and the Senate a.,.aree to the- same. That the House recede from its disagreement to the amendment numbered 76, and disaster of a far-reaching character, as there was three years ago, the aj76e to the same, with an amendment as follows : Strike out 11 Port Mahon, V a.len- Department may get through with 75,000, and perhaps a little less. ma·" and the Sena.tea!!Tee to the same. We added, under the necessity of the bill, about $800 for minor items, That the House reced'e from its disagreement to the amendment numbered 80, and which I will not explain; and this makes the amount a little more ~pee to the same, with an amendment as follows : Strike out " Santa Cruz; " and tne Senate a !!Tee to the same. than one-half the difference between the two Houses. That the iYonse recede from its disagreement to the amendment numbered 9, and By this arrangement we have conceded no principle insisted upon agree to the sl\ID.e, with an amendment as follows : Strike out "Maranham ; " and by the Senate. The offices retained are retained at the salaries here- tlie Senate a11ree to the same. tofore allowed by law. Where there is no consolidation of offices we That the Kouse recede from its disagreement to the amendment numbered 99, and agree to the same, with an amendment as follows: Strike out of said- amendment have not legislated in any degree in this bill. We have simply left "lifty-one thousantl" :md insert "forty-two thousand six hundred;" and the Senate certain parts of- the service unprovided for which we thought could agree to the same. · be so left with the least injury to the service. That the House recede from its disagreement to the amendment numbered 102, If any Senator has any question to ask with reference to the report· and agree to the same, with an amendment as follows: Strikeout "six" and insert "five; " and the Senate agree to the same. I shall be happy to give information, but I do not wish to take up That the House recede from its disagreement to the amendment numbered 106, further time. and agree to the same, with an amendment a.s follows: Strike out "and thirty-one Mr. McMILLAN. May I ask the Senator what was done with the thousand eight" and insert "and fifteen thousand," and strike out "one hundred mission to Sweden and· Denmark f and fifty;" and the Senate agree to the same. · That the House recede from it:B disagreement to the amendment numbered 109, Mr. SARGENT. Denmark has a charge d'affaires. Sweden and and agree to the same, with an amenrunent as follows: Strike out "seven hun- Norway remain as they were. dred" and insert'' one thousand;" and the Senate agree to the same. Mr. INGALLS. Has any change been made in the mission at San- That the House recede from its disagreement to thE! amendment numbered 110, tiago de Chili, South America Y and agree to the same, with an amendinent as follows: Strike out" nine" and in- sert " two;" and the Senate agree to the same. Mr. SARGENT. No; Chili and Peru remain as they were. That the House recede from its disagreement. to the amendment numbered 112, Mr. INGALLS. Do the salaries remain unch.a nged f and agree to the same, with an amendril.ent as follows: Strike out "four" and in- Mr. SARGENT. They are just the same. I ask for the vote on thE> sert "two;" and the Senate agree to the same. That the House. recede from it:B disagreement to the amendment numbered 114, adoption of the report. and agree to the same. with an amendment as follows: Strike out "ten" and in- Mr. MORRILL. I desire to ask the Senator from California. a ques- sert "nine," and in line 2, page 9, of the bill, strike out "thousand " and insert tion. I should like to know how much is the amount of saving by "five hundred;" and the Senate af.l:r6e to the same. abolishing the services of ministers to Colombia, Ecuador, Paraguay, That the House recede from its (lisagreement to the amendment numbered 118, and Uruguay, and substituting charges. anil agree to the same, with an amendment as follows: Strike out "two thousand six" and insert" three thousand one;" and the Senate agree to the same. Mr. SARGENT. At Paraguay and Uruguay there is a saving of That the House recede from its disagreement to the amendment numbered 120, $10,000, and the salaries at the other three countries mentioned by and agree to the same, with an amendment as follows: Strike out" one hundred" the Senator are $7,500 each. That in the aggregate is $32,500. For and insert "seventy;" and the Senate agree to the same. Tllat ihe Honse recede from it:B disagreement to the amendment numbered 122, Paraguay and Uruguay there is a charge d'affaires, $5,000; and I b~­ and agree t() the same, with an amendment as follows: lieve that~ the only one which the Senator mentions where there is Insert as a new ~aragraph: a charge d'affaires. "For compensation of such diplomatic and consular officers heretofore compen- Mr. MORRD..L. Is there any sum appropriate<\ for the return of sateu by salaries for who e salaries no appropriation is made by this act such amount e.s shall be necessary to pay their salanes as fixed by law until they shall these ministers f have notice to close their offices, which notice shall be at once sent to them by tp\} Mr. SA~GENT. Yes, sir. IH76. CONGRESSIONAL RECORD-SENATE. 5521 Mr. MORRILL. How much f Mr. HITCHCOCK. I should like to ask the honorable Senator Mr. SARGENT. I should have mentioned that. There is $25,000 whether tills bill, being simply a failure to provide the amount of appropriated for that purpose, an addition which the House con- salary, t.he consuls at the consulates for which appropriations are not cedes. · made may not hereafter have a claim, assuming that they remain Mr. MORRILL. Then in footing it up how is itt Have we a loss there and perform their duties as consuls, to t~e amount of their sal- or profit in the transaction f aries as now fixed by law. 1\1r. SARGENT. Yon mean is there a savingt Mr. SARGENT. No; because we have provided in the bill that Mr. MORRILL. Yes. notice shall at once be given and they shall receive pay foc a certain Mr. SARGENT. We have a saving, if that can be called a saving length of time and their tmnsit home. Thai' we have guarded. which omits to appropriate for a service established by law. We Mr. EDMUNDS. I think a~ this matter involves a great deal to have a saving in that there is not so much money taken out of the the public service of the country we ought to take time enough to Treasury. If you ask me whether I think it is judicious, I ·say no. consider it. There is evidently no hurry. The two Houses do not Mr. EDMUNDS. If yon do not eat your breakfast you save it. want to go home. We have staid so long that it is better to stay and Mr. SARGENT. Exactly; as the ·Senator suggests, if you do not do the business 1mderstandingly f and to understand the exact bear- eat your breakfast you save it. . ing of this question which has been so well explained by my friend, Mr. MORRILL. When you deduct the cost of charges d'affaires I think the report had better be p1inted. for these places and the amount of $25,000 appropriated to get the Mr. ALLISON. It can be printed by nine o'clock this evening. ministers homo from what would have been their salaries, I do not Mr. EDMUNDS. It may be. We ought not to be in a hurry. We underst.and that there is any saving at n.ll. are paid by the yen.r and we are here protecting the interests of tha Mr. HOWE. Is the consular force increased in those countries people. from which the ministers are withdrawn f Mr. SARGENT. I should like to make a suggestion. ,I understand Mr. SARGENT. A charge d'affaires is put in each of the five fol- it is very difficult to keep a quorum in the Honse. . lowing places: Portugal, Switzerland, Greece, Denma,r k, and Para.- Mr. EDMUNDS. But we ought to have that respect for the Honse guay and Uruguay, they being one. - to suppose that it is full all the time. I .want to see what the state Mr. EDMUNDS. Those are $5,000. of the law is, and for the time being I obj~ct to the consideration of Mr. WEST. What are the other misaions abolished for which there the report. are no charges d'affaires f The PRESIDENT pro temp01·e. The Senator from Vermont objects Mr. SARGENT. Bolivia, Ecuador, and Colombia. I think it must to the present consideration of the report. be admitted that the Senate conferees have done pretty well under very hard circumstances. THE RECESS. Mr. ANTHONY. I ask the Senator from California if any estimate Mr. WEST. As this subject is now laid over, I beg to make a sng- has been made of the loss which our revenue will suffer by the dis- gestion. I understood a short time ago that a motion was made and continuance of these consulates f carried that the Senate take a recess until half past seven o'clock. I Mr. SARGENT. I see the force of the question, but necessarily the beg to say that that perhaps is i1l-atlvised. There is very little pros- amount is only speculative. It is a consideration which I have nrged pect of getting a quorum here to-nigllt for any action, and :we shall on the floor, and for weeks I have urged it before the committee of not make any progress. Tbe Senate is at the end of a long and ]a- conference. borious week, and to press anything to-night will be impracticable. Mr. ANTHONY. I venture the prediction, and I do not think my I suggest that the motion had better be reconsidered . .friend from California will differ with me, that for every dollar that Mr. pAD DOCK. I hope that the motion to reconsider will not we have saved in abolishing the consulates at commercial ports the prevail. It seems to me ~e have got· far along with ihe business, revenue will suffer $10 every year. and I understand if we apply ourselves diligently we ma,y adjourn Mr. SARGENT. I qnite agree with the Senator. I should like this Congress on Monday or Tuesday; and we ought to do so if we t·his thing, however, to be understood, and it is probably understood can. by the Senate, that with reference to quite a number of consulates Mr. WEST. Very likely we may. I make the motion, however. which are abolished the result will be to take more money out of the I find I am supported by my fl'iend from New Jersey [Mr. FnELL'iG- Treasury than the amount Qf salary saved, because there is power to HUYSE:N] and others. I move to reconsider the vote uy which the put a feed consul in every one of those places. If the fees be $1,700 recess was ordered. and the consul receives a salary of $1,500, under the new arrange- Mr. WINDOM. I hope the motion will not be reconsidered; aud ment he would get the $1,700 fees. That was the uniform policy for a if tho Senator will allow me, I will give my reason very briefly. 'J'he number of years, but it was changed to asalaryin most cases. Iustead Honse is now acting on the conference report on the legislative bill. of allowing the consuls to have the fees as before that tim~~, they were The bill will require a great deal of time to enroll; and unless we paid a salary. It was said that years ago the consul at Liverpool act npon it to-night it will delay us one or two days next week. I£ got $.~0,000 a year in fees. He waf! cut down to a salary of $6,000, we do not tn,ke a recess I think it means at least one or two days and the rest went into the Treasury. The result is that there has longer next week. · If we act on tlle legislative bill to-night it may been a good deal of income from these sources. That amount of possibly be ready for signature on Monday. revenue will be decreased necessarily, because I think the average Mr. WEST. I have elicited enough expression of opinion to ~:~atisfy fees of the consulates abolished will be more than the salaries which me that probably it is not well to press the motion. they have received. Mr. MORRILL. Withdraw it. · l1r. ANTHONY. Then the probability is, if the protection of the Mr. WINDOM. We may be aUle to pass the legislative bill to-niglit. revenue necessitates the appointment af consuls at those places, Mr. EDMUNDS. You cannot pass any appropriations here to-night. whom the President has a right to appoint with the advice and con- . Mr. WEST. The chairman of the Committee on Appropriation!i is sent of the Senate without any action qn the part of the House, and in favor of a session this evening, and therefore I withdraw the they should be appointed under the general law to be paid by fees, proposition. those fees will be more than the salaries they receive now. The PRESIDENT p1·o tempore. The Senator from Delaware [Mr. Mr. SARGENT. In many of the cases that is likely to be so. Of SAULSBURY J has the floor, and may continue his remarks. course the current of trade shifts. One year a consulate may be im- Mr. SARGENT. I suggest t.hat it be considered five o'clock. portant and the consul maytakeagreat many fees, and another year Mr. WEST. "Make it so," as the sailors say. tL3re may be some shifting. I should like to say that great discrimi- Mr. SARGENT. "\Ve will" make it so." · nation was used in omitting consulates. I have had the advice of the Mr. GORDON. There is no objection to that. Department; of course they are not satisfied with the bill and I do Mr. EDMUNDS. What is the state of the matterY not wish to misrepresent them as saying that they are satisfied with The PRESIDENT pro tempore. It is proposed that the Senate take it. I am not satisfied with it; but under that good advice those its recess at this time, it bein~ within a few minutes of five o'clock. which could be best spared have been dropped. · Mr. EDMUNDS . .It is not five o'clock yet. Mr. EDMUNDS. I should like to ask the Senator in respect of the The PRESIDENT pl'O temp01·e. T~e Senator from Delaware has ihe consulates for the salaries of which appropriations are omitted, is floor and will proceed. there nny provision in the bill which authorizes consuls at those places upon feesf · MESSAGE FROM THE HOUSE. Mr. SARGENT. No, sir; they rely upon the general law for that. A message from the House of Representatives, by Mr. G. M. ADAMS, Mr. EDMUNDS. Is there a general law f _ its Clerk, announced that the House had passed the joint resolution Mr. SARGENT. So I understood. I am so informed. (S. R. No. 24) providing for the postponement of the publication of Mr. EDMUNDS. Or does it stand on the Constitution T the Armv Regulations. Mr. SARGENT. The Constitution relates to the diplomatic serv- The message.also announced that the House insisted on its amend- ice. There is no doubt of the power, however, to appoint consuls to ment to the bill (S. No. 842) authorizing the commissioners of the Dis- receive fees under the general law. That question I asked and it trict of Columbia to remove the jail on Judiciary Square to grounds was answered to me in the affirmative by high authority. near to the-Washington Asylum for the use of the District, disagreed Mr. EDMUN:PS. I should like to see the general law to which my to by the Senate, agreed to . the conference asked by the Senate on friencl refers. the dis3.oo-reeing votes of the two Houses thereon, and had appointed Mr. SARGE~T. I have not looked it up. Mr. "\V. S. HoLMAN of Indiana, Mr. CASEY YOUNG of Tennessee, ~rt. dEDMUNDS. We can -look it up whi~~ ~~ r~por~ t~ Rt3~1fg wnd Mr. KlMllALL of Wisconsin managers at the conferencs on its prm e . _ · · 'part. IV-346 5522 CONGRESSIONAL RECORD--SENATE. AUGUST 12, ENROLLED BILLS SIGNED. ARTIFICIAL LIMBS TO SOLDIERS. The message also announced that the Speaker pro tempore of the Mr. LOGAN. I dislike to disturb the Sen a.tor, hut I desire to make Hoose had signed the following enrolled bills; and they were there- a conference report. It will take but a moment. upon signed by the President pro tempore: Mr. SAULSBURY. I yield to a conference report. A bill (S. No. 846) to punish the counterfeiting of trade-mark goods Mr. SARGENT. With the underst.andiogtha.tit is by common con- and the sale or dealing in counterfeit trade-mark goods; sent and not to disturb the pending business, I shall make no objec- A bill (S. No. 852) for the relief of Elisha E. Rice; tion. A bill (S. No. 944) for the relief of Gilderoy M. Hardy; Mr. LOGAN. Of course, I do not desire t,o disturb the pending A bill (S. No. 990) to remove the political disabilities of Reuben business; but this matter will toke but a moment. Davis, of Mississippi; The Chief Clerk read the report, as follows : A bill (S. No.10'21) allowing the Pacific Mail Steamship Company The committee of conference on the disa!!"reeing votes of the two Houses on the to carry the mails in their new iron steamships ; amendmenta of the Senate to the bill (H. r... Nil. 1516) tore~n.to the iRsuo of arti· A bill (S. No. 1036) to provide for the printing and distribution of ticiallimbs to disabled soldiers, seamen, and others, having ruet, after n.'fulland the reports of the Commissioner of Agriculture for the years 1874 and free conference have agreed to recommend, and do recommend, to their respt~c tive 1875. Houses as follows : That the House concur in the first and second amendmentaof the Senate, a.s fol· A bill (H. R. No. 1089) granting a pension to Thomas I. Fox, late lows: a private of Company C, Fifty-second Regiment Pennsylvania Vol- In line 1 strikeout "~rsons" and insert" officer, soldier, seaman, and marino." untMrs; In line 5, after "application,'' insert 11 o1· commutation therefor as provided and A bill (H. R. No.1713) for the relief of Berthold Loewenthal, of limited by existing laws." The House concurs also in the proviso added to the end oft be bi1l with an amend. Chicago, Illinois; and ment of the word "not" illserted between the words •• shall " and ·• be" in tb fir·st A bill (H. R. No. 2'271) to increase the pension of Mrs. Hannah W. line; so t.b a.t it will read: "That this act shall not be subject to thu proviso of an Sumner, widow of Major-General Edwin V. Sumner. act entitled 1 .An act to increase pensions,' app1-oved June 18, 1874." A bill (H. R. No. 3209) to authorize the Commissioner of Indian JOHN A. LOGAN, J. B. GORDON, Affairs to receive lands in payment of judgments to eastern band of NEWTON TIOOTH. Cherokee Indians; . Managers 01~ the part of the Senate. A bill (H. R. No. 3359) making appropriations for the payment of J. M. RUSK, claims reported allowed by the commissioners of claims under the act A. V. 11ICE. of Congress of March 3, 1871, and for other purposes; JOliN C. BAGBY, Managers on the part of tM House. A bill (H. R. No. 3374) for the relief of Harry E. Eastman, late Mr. INGALLS. Let that lie over. lieutenant-colonel Second Regiment Wisconsin Cavalry Volunteers; The PRESIDENT 711'0 tempm·e. The Senator from Kansas objects A bill (H. R.No. 3849) for the relief of James W.Harvey and James to the present consideration of tho report. Livesey, of the firm of Harvey & Livesey, of Wisconsin; A bill (H. R. No. 3678) to change the n:un.e of the pleasure-yacht MESSAGE FROM THE HOUSE. Lydia to that of Sylph; and A messa.ge from the Hoose of Representatives, by Mr. G. M. ADAMS, A bill (H. R. No. 302'2) making appropriations for the construction, its Clerk, announced that the House had agreetl to tho 1·eport of the repair, preservation, and completion of certain public works on riv- committee of conference on the disagreeing votes of the two Houses ers and harbors, and for other purposes. on tho bill (H. R. No. 2571) making appropriat.oions for tbe legi~lati ve, PRINTING OF IMPEACHMENT RF.PORT. executive, and judicial expenses of the Government for the year Mr. ANTHONY. Perhaps th~ Senator frpm Delaware will give way ending J one 30, 1877, and for nther purposes. to allow me to call up the bill which I called up this morning, but it THE HAWAllAN TREATY, was not then printed. The bill came from the Committee on Printing. Mr. SAULSBURY. I will do that, if it will not interfere with my The Senate, as in Committee of the Whole, resumed the considera.- proceeding with my remarks this evening. tion of the bill (H. R. No. 612) to c:ury into etlect a convention be- Mr. ANTHONY. The bill was taken np this morning, but it was tween the United States of Americ!lo and His Maj~sty the King of the not in print. Hawaiian Islands. Mr. MORRILL. I ask my friend- Mr. SAULSBURY. Mr. President, theta are some other matten. to Mr. ANTHONY. I hope my friend will not interrupt, because I which I wish to refer before I close my remarks. 'l'he Senator from have only two minutes. I move that the Sena,te proceed to the con- Minnesota this morning complained and predicted that tbe economy sideration of the bill (S. No. 1042) to provide for the publication of exhibited on the part of the House of Representatives and tbo dem- the report of the impeachment trin.l of Willillom W. Belknap. ocratic party in cutting clown the expenses of the Government and The motion was agreed to; and the Senate, as in Committee of the in the curtailment of the appropriations made for the next fi oal year Whole, proceeded to consider the bill. It provides that 5,000 addi- would greatly embarrass the Government. Ho predicted that all the tional copies of the report of the impeachment trial of William W. Departments would be embarrassed by reason of the economy which Belknap be printed, of which 1,500 copies shall be for the use of the had been exhibited by the Honse of Representatives. · Now, tsir, I Senate, :3,000 copies for the use of the House of Representatives, 3GO predict exactly the contrary. It is not surprising that the Senator copies for the use of the managers, and 200 copies for the use of the and his party who during the last ten or fifteeu years have rioted in respondent's counsel; and appropriates the sum of $5,030, or so much extravagance and have created offices and made places not nece ary thereof as may be necessary, for the execution of the work. for the public service in order that their friends might have employ- The bill was reported to the Senate, ordered to be engrossed for a ment and be paid out of the public Treasury; it is no wonder that third reading, read the third time, and passed. the Senator and his party, accustomed to this extra.vagance, may fail Mr. ANTHONY. I move to take up the other bill in regard to to see how the Departments can get along with a curtailment of the printing, which also had to go over for the same reason. expenditures. They may apprehend that a small reduction of the The PRESIDENT p1'o tempore. The bill will be read for informa- clerical force in the Departments will cause embarrassment; but any tion, subject to objection. one who has had occasion to go through all the Departments of the The Chief Clerk read the bill (S. No. 1041) to provide for printing Government cannot have failed to notice t.ha.t in every Department the report of the engineers on the reclamation of the alluvial basin of there sooms to be a great excess in the number of the employes about the Mississippi River. the Departments. You can scarcely pass through one of them but The PRESIDENT pro tem,pore. Is there objection to the present your eye will fall upon a number of idle men, paid at Government considera.tion of the bill T expense, walking leisurely through the Department apparently hav- Mr. EDMUNDS. I object. It is a perfectly useless appropriation ing nothing to do. When I have gone through these Departments, of money, as the other was. through the Treasury building, through the Patent Office, through The PRESIDENT pro tempore. Does the Senator from Rhode Island the Post-Office, and through all the Departments, I have noticed very . move to proceed to the consideration of the bill T frequently a large number of such persons that were the employes Mr. ANTHONY. I asked to take np both bills, and I thought there of the Government. It may occasion the employes retained a little was no objection. more labor, but none of t.hem will bo so taxed by the duties of tbe Mr. ALLISON. It is five o'clock, I think. positions which they bold as to find them lmrdensome and none so Mr. ANTHONY. This bill is very necessary. We cannot do the taxed, I venture the prediction, that they will be ready to give them printing without the appropriation. I move to take up the bill. up on account of the labor imposetl. upon them. The question being put, there were on a. division-ayes 20, noes 13; I am sorry that any man who has emp1oyment has to give it np; I no quorum voting. · . like to see every person making an honest living for himself; but if The PRESIDENT pro tempore. The hour of five o'clock having ar- there are employes in the service of the Government whose services are rived, the Senate takes a recess lllltil half past seven o'clock. not necessary to the public, they ought to be dismissed; and I appre- hend t.hat, in the honest judgment of such employes, while they may reluctantly have to part with their places, they cannot say that in- EVENING SESSION. justice has been done them. The Government will get along, all the The Senate re-assemblOO. at half P-ast seven o'clock p.m. Departments will get along with the appropriations that are made The PRES.Ip~;rn' pro tempore. The Senator from Delaware [Mr. this year. I know it bas been cns!A>ma1-y to h~ve a large number of m SAULSBURY] ,eQ.t}t~ to the floor on th~ bjll (IJ, R. No. 612) ~0 carry employes and clerks, and at one tLme S?~e of them n.ot only drew into otfect a cqnr:eQttOn qetw~n the U.Q.tted Sta~11 ,o f 4-mertea and the regular pay allotted to th~~' but.a.dd~twnal ~ay bestdes. Only a His Majes~y tl}.e ~~'Qg qf tpe ijavra,ii.a~ ~~~.~ncJ..s_. . ~ew years ago, under theadrumtstratwn rn the 'Ireasury Department 1876. CONGRESSIONAL RECORD-SENATE. 5523 of the honorable Senator from Massachusetts, [Mr. BouTWELL,] a sum losses which the poor colored people had SUBtn.ined, the report goes amounting to $2-2,000 aunually over and above tho regular pay of tho on to say: clerks was placed at the oisposal of the honorable Senator, whom I And now taking a retrospective glance ovor the events of the last ten years, in see in his seat, and he distributed that in excess of the regular pay to which this Freedman's Bank looms up conspicuously, we are led to believe that no race or kindred among all the generations of men have so thoroughly sounded a few of the clerks in his Department. That has been cut ofl'. At- tho depths of the philosophy expressed in the prayer, save me from my friencls, as tention was called to it. I myself introduced a resolution calling on the those "persons lately belery" at the South, a. people overwbom more croc- Secretary of the Treasury for a statement of the amounts which had odile tears bavc been shed, on whom more imposition practiced, and for whom less been paid in excess of the regular salaries, and I had the return here real sympathy felt by their professed friends, than any other known to history-a. people almost literally st.abbed under the fifth rib with a hug aml the salutation, at the very last or preceding session of Congress. " How is it with thee to.day, my brother~" In re~ard to this bank, the grossest Mr. BOUTWELL. Towhatdoes the Senator from Delaware refer' deception wa.s pradiced upon them. They were told it wn.s a Government institu- Mr. SAULSBURY. I refer to a sum of 22,000 that was distrilm- tion, and ito$ solvency and safety guaranteed by the United States. Missionaries, ted to clerks in the 'I're:l.Sury Department dming the honorable Sen- of whom the chief was Ah-ord, perambulated the Sont~ miring religion, politics, 6(lucation, and teaching the blacks bow "to toil and to save," and then trust their ator's administration. hm'd-earncd s.wings to Alvord and his o.ssociates to invest for them, not tmtil, how- Mr. BOUTWELL. Twenty-two thousand five hundred dollars? ever, they had levied toll for their services in bestowing such inestimable benefits, Mr. SAULSBURY. I do not know about the $500. I know it was and for their disinterested labors and sacrifices. $22,000 at least. This Mr. Alvord was the president of the institution, one of the Mr. BOUTWELL. Does not the honorable Senator know that it political friends of the Senator from Minnesota.. These poor colored was by a specific appropriation made by Congress for the specific people were deceived in reference to the character of the institution, pm'{)ose! and their scanty earnings were gathered up and placed in the bank Mr. SAULSBURY. I do not dispute that. I was not charging under h1s disposal. Some seventy thonsand of the depositors in that that the Secretary of the Treasury uulawfully or without authority bank have been cheated out of more than a million of dollars. Our of law made any such ilistribution. I was only complaining that, iu republican friends were in power; they ought to have investigated and excess of the regular salaries of clerks, at one time such had become known what was going on in that institution. They had charLered the extravagance under republican rule that under the administra- the bank, it was run by thei; friends, and they ought to have inves- tion of the honorable Senator of the Treasqry Department-- tigated it and exposed and stopped the wron~s perpetrated on the Mr. BOUTWELL. Will the Senator- colored people; but where has been the investigation into ita affairs Mr. SAULSBURY. Not just now. I will make my statement and thoroughly disclosing the whole character of that institution until then I will hear any explanation the Senator has to make. I was not a democratic House of Representatives brought it to light f True it complaining that the then honorable Secretary of the Treasury, the was known that the institution had failed; true it was known that now honorable Senator from Massachusetts, had unlawfully paid to the money of the colored people in that institution had been lost; but any clerk in his Depal'tment anything without the aut.hority of law; the true facts of the case were never revealed until they were ex- but I was stating as an instance of republican extravagance that the posed by the democratic Honse of Representatives. clerks in the Treasury Department, or at lea8t a select few who were I have said before and I say now that in my honest judgment the getting good salaries, none of them perhaps under 1,800, some of democracy are the true friends of the colored people, and I do not say, them u.s high as $2,500, if my recollection serves me, were paicl in ad- it because I want them to vote the tlemocratic ticket. Let them vote dition to their regular salaries by an appropriation placed at the dis- as they please, bnt the democrats of the country have always treatetl po81lol and distribut-ed by the Secretary of the Treasury. I was com- them properly and are ready to defend them against the impositions plaining of the extravagance of the republican party, not complaining and wrongs that are practiced upon them by their republican friends. that the honorable Senator while Secretary of the Treasury had ap- Now, Mr. President, I desire to call attention to anotbor subject. I propriated money without warrant of law. want to know of my republican friends if the revelations made in the After an indulgence in such extravagance, after every Department investigation of our foreign affairs has not shown that some of your had been filled to overflowing with clerks and employes, after they representatives abroad have not been wanting in that elevated char- had been paid most liberal salaries and then in addition to that a acter which bas heretofore distfnguished our diplomatic and consular bonus, sometimes aa high as a thousand dollars, it is no wonder that service. Take your late minister to England. How did be conduct the honorable Senator from Minnesota and his political associates on himself as the representativ-e of this great count_ryT the other side of this Chamber, should now apprehend that the cur- We know something of his history before he went to Englann. He tailment of a few hundred clerks in the Departments of the Govern- had some military reputation, not very enviable, it is true. He had ment and a curtailment of the expenditures of these Departments also some legislative reputation. It bas been said, whether true or will cause SOJDe embarrassment. But, sir, you will find no embar- not I do not know, that he made a. very considerable amount of money rassment. The Government will go on and the Departments will when h~ was a member of the other Honse of Congress by specu- still be run at much less expense and, I predict, fully :loS efficiently u.s lation in the article of whisky upon which be was legislating. I do thev have been rnn heretofore. not know whether that is true or not. But I do know something of The honorable Senator from Minnesota this morning proclaimed his public history as an embassador from this country to the court that the investigations which have been going on will not work iu- of ·St. James. The report which I hold in my hand shows that he jury or damage to his party. It may be that the American people became connected with, if not a speculator in, stocks which were have become so accustomed to wrong, so accustomed to fraud, so ac- placed upon the foreign market and enhanced in marketable value customed to extravagance, so accustomed to waste under the adminis- because of his connect.ion with the% and that the people of the coun- tration of the republican party that they may fail to be aroused by try to which he was accred.i ted ~ere pheated ?1?-t of millions paid for those investigations; but I apprehend the Senator will be disap- such stocks. Every American m~t feel hum1hated when he remem- pointed in hisexpectation and desire. When the people of this broad ben~ that a foreign minister rppre.sent.i:ng the great American peoplo land find revealed by the investigations of a democratic House of at one of the first co~ iq. tJ?.e world .~o far forgot the dignity of his Representatives the frauds that have been practiced, t.he loose ad- country, so far forgot the dq.ty which he ow.e~ to the people he repre- minist.ration of the Departments that has been practiced, the ex- sented abroad a~ to become connepted 'Yith speculative schemes travagance and waste that have been practiced by the republican which resulte4 iq. the robbery of mill~ons from the people of Great party, I shall be very much surprised if they do not express at the Britain. WhY w~ he not recalle~ f ~ ~-s~ why wa-s not that man polls condemnation of all such practices. brought home f Why w~ the hoJ?,or o~ this country permitted to We have told them in the past that such was the condition of af- suffer and our fair reputatiOn to be t~rn~shed by the conouct of our fairs, but we had no mode of proving it to their satisfaction. We minister at qne of tho first coq.rts of tl;le world T He was by this in- were not in power in the House ot Representatives or in the Sen- vestigation dragged from his pos~t~OJ?. ~nd compelled to return and ate. We could institute no investigations, and when investigations answer im(mt~~ous agall?.st l;lis condq.ct. ~y the investigation of the were demanded and awarded, those investigations failed to reach democratic party ~he turpitude o~ hi.s action was revealeo, antl it was down to the bottom facts and to expose in their full deformity the only theq. that he was (~~missed. ~ other instances the character of wrongs .that were being perpetrated upon the people of the conntry. 80me of our foreig:q. repres.eJ?.tnti vc& has been far below the tmo stand- But now, when a democratic House has thoroughly investigated these ard. They will readily suggest theiJ?.selves,· and need not now be cited. matters and exposed them to view, I greatly misapprehend the peo- I dq nqt m~.~J?. to .say that we 4ave not had som~ honorable ministers ple of this country if they do not put the seal of their condemnation abroad; I do not me.a n to say that there have not been and are not upon the party that ho.s tolerated and covered up such wrongs. now iJ?.. tJ?.e Cabinet of the United States men of high tone, men of • The honorable Senator has forgotten the investigation into the elevated ;eharacter. Freedman's Bank located right in view of the 'Presidential mansion, "l}iit what I desire to say is this, that at times during the existence an institution that was got up by republicans, the especial friends of ot t]?.e pr~ent Adll}inistfa.tion there have been men surrounding the the wards of the nation, and which bas resulted in a loss to the poor President, men in official position, even in Cabinet positions, who unfortunate blacks who trusted their friends to an amount of more have not possessed that elevated tone of character which men in than $1,000,000 saved out of their scanty earnings. I J.}eg leave to t4o8!) position~ onght to have. The same is true of some of the minis- read from the report of the investigating committee what I consider ters and other agents that have r~presented om country in foreign about the best description of the manner in which t.hese poor negroes l.:J,nc}a, have been treated by their professed friends. I find the committee's If the character of the American people were judged by some of condemnation stated in such forcible language that I ~hall take oc. OlJI' l)_igb officials, I fear we should command but little respect at home casion to read it. After giving the hist.ory of the institution, the or abroad. Happily :those high in official life ann station are not al~ manner in which it was got up ~~i!- ~ ~~~cq. ~~ w~~ Ill~l)aged and the ways the exponents of public or private moralit.y. We are not to ue 5524 CONGRESSIONAL RECORD-SEN.ATE. .AUGUST 12, judged by the men whom fortuitous circumstances for a. time have Mr.. SARGENT. I ~m willing that the report shall be m:ulo by placed in power and by whose action we have been too often humil- nuammous consent, wtth the understanding that it does not di place iateu if not disgraced. The average American sentiment is of a the business before the Sen:'l.te. h.igller tone than that exhibited by many of our public men, espe- The PRESIDENT p1·o tem.pore. Is there objection to the report t.aally many of those who owe their prominence and official positions being mn,de upon those conditions f to the presentAdmiillstration, which in appointments to place has been Mr. SARGENT. Subject to call. ~~verned more by a desire to pr?mote the w:ishes of party or personal The PRESIDENT p1·o tentpore.. Subject to call f Tho Chair hears fnemls than to secure the serv1ces of effic1ent, faithful, and honest no objection. officials. LEGISLATIVE, ETC., APPROPRIATION BILL. lt'or years there have been complaints of our whole civil service. Incompetent and ~shonest men have found their way to place and Mr. WINDOM. I present the report of tho committee of confer- too o.f ten been retamed long after their corruptions and inefficiency ence on the ~Isswn have become a necessity to republi- minutes honce. ~a.ns who are. unwilling to fa.ll into disfavor in the party. The fact Mr. EDMUNDS. It ought to be read some time. 1s the. party ts unable to reform itself, and if reform aud imprO\'e- Mr. WINDOM. Then it had better be read now. ment ill the management of public affairs shall ever take place it Tho Chief Clerk resumed the 1-eading of the report, but was intor- must be. brought a~~ut by tho democratic party. There must be a rupte<.l hy change t.n the admimstrators of Gov~rnmeut before any decided or .Mr. PADDOCK. Is it an essential parliamentary requirement that healthy t~provement can be secured. A continuance of the republi- this report shall be read f · ~an p~rty m power would postpone indefinitely pu-rity in the admin- The PRESIDENT pro tempore. The Senat.or from Vermont has in- IstratiOn. of Gove~nment. A mere change of republican rulers would sisted on it. That point has been raised before. a~comp.hsh but httle. .~r. Hayes, if elected, would inherit all the Mr. PADDOCK, (to Mr. EDMONDS.) Do you insist on the reading vwes of the present admmJ.Stration; and however honest his pru·pose of the report f however strong his desire to effectuate 'reform he would be unabl~ Mr. EDMUNDS. I do. I will never consent to vote on a confer- to secure it. The ship of state needs not only' a new helmsman but ence report that ha.s not been read. a new crew. She must be cleansed, remanned, and put upon a new Mr. PADDOCK. Here is a biH that ha.s be-en passed to an71) making appropriations for the legislative, executive. nud jnclicial expenses of the Government for the ye:~r 'rhe P~~SIP.~li'f :pro ~pf?re. ~ot ~~18$ b.y una~i~ous consent. ending Juno 30, 1877, and for other parl'Oses, having met, after full and fl'oo co~· 1876. CONGRESSIONAL RECORD-SENATE. 5525 forence have ~reed to recommend ,and do recommend, to their respective Houses That the Honse recede from its disagreement to the amendment numbered 145, aa follows: and agree to tho same, with an amendment 38 follows: That tho Senate recede from its amendments numbered 70, 72, 73, 76, 175, 117, 178, In lieu of the fu·st parasn-aph of said amendment insert the following: 181,182,20:5, 215, 41!), 443, 444, 445, 446. 460, 519, 545, 553, 554, 55!), 5i7, 581, 590, 591, 592, "For compensation of the Public Printer, at the rate of $3,600 per annum, and of 5!):1, li14, 617, 6~0, 623, 625, 63~ 643, 708, 709, 710, 'i21, 7!!2, iG3, 764, 766, 776, 810, 812, the clerks and emploves in his office, $12.!JOO: Provided, That the term 'Public 912, 915, 921, 92'~ . and !144. Printer' as omplgyo:l 'in that part of tho act making appropriations for sundry civil That the House recede from its disagreement to t.h e amendments numbered 2, 3, expenses of tho Go-.ernment for the current fi:1Cal year which repeals all laws pro- 4, !l, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, Hi, 17, lR, 19, 20, 2'2, 23, 24, 25, ~6, 27, 28, 29, 30, :11, 32, viding for the election or appoint;uont of Public Printer shall be construed as em- 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 54, 55, 56, 57, 58, 59, 60, bracing that officer whether known aa Congressional :Printer or Public Printer." 61, 62, 63, 64, 65, 68. 69, 71, 78, 79, 80, 138, 139, 140, 141, 142, 143. 157, 159, 161, 162, 163, And tho Senate a.l!l'OO to tho same. 164 165 166, 167, 16!>, 170, 171, 172, 179, 180, 213, 214, 41M, 4:l2, 42-l, 42.'1, 426, 427, That tho IIouse recede fmm its disagreement to the amendments numbered 146 4'28: 430,' 450, 457, 45!:!, 461, 468, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 482, 483, to 155, both inclusive, and agree to tho same, with an amendment as follows: 484, 48.'>, 486, 487, 488, 489, 4!JO, 491, 4!h!, 493, 4.94, 465, 496, 497, 498, 499, 500, :x!J., 503, In lieu of the amended paragraph substitute tho following: 505, 500, 507, 508, 509, 510, 511, 512. 513, 514, 515, 516, 518, 521, 522, 523, 524, 523, 526, "For compens.'ltion of tho librarian ·1.000; and for fifteen assistant librarians, ~~~~~~~~~~~~~~~~~~~ two at $2,250 each, oneatS2,000, four at' 1~600 each, two at$1.440 each, two atSl2.10 5:>2, 555, 556, 558, 5GO, 5Gl, 571, 5TJ, 574, 575, 576, 589, 5!14, 609, 610, 616, 619, 631, 644, each, two at $1,200 ('ach, ono at 1,000, ann one at $!>00 per annum; in all, $26,640. 11 652, 654, 6;}5, 697, (j!)f3, 699, 700, 701, 702, 703, 704, 706, 707, 711, 713, 714, 715, 716, 717, And the Senate a~ree to the same. . 718, 719, 120, 724, 725, 726, 72i, n8, 729, 730, 731, 75!1, 761, 762, 765, 767, 768, 769, no~ That tho House recede from its disagreement to the amendments numlJored 156 771, 772, 773, 807, 809, 811, 842, !l13, 914, 917, 918, 919, 920, 936, 937, 938, 940, 941, ann ancl158, anc\ agree to the same, with anientiments as follow: In lion of "nine" and 94~. "fom·te01r'" insert respectively "seven" and" twelve;" and tho Senate agroo to That the House recede from its disagreement to tbeamendmentnumborcd I, nnd thesa.me. · agrcetothesame, witlt an amendment 'as follo\YS: Aftcrtl.Je worcl "appropriated," 'fhat the Se11.ato recede born ita amendment numbered 160, and agree to the text where it occurs tho second time in the enacting clause of the bill, insert "in full pro;>oscd to bostriokon ont, with an amcntlm.ent as follows: A'td at tho oncl of the compensation;" a.ncl .tlto Sena.tQ a~ree to the same.. paragraph thl" following : "Pro.,i.dcd, 'I.'hat not exceeding $600 of the foregoing ap- That the Hoose receuo from lts ilisagreement to the amendment numbered 21, propri:1tion ma.v be applied in payment for fuel used during the fiscal year enillng and agree to tho same, with an amendment :18 follows: Striko out, in line 10, page Juno 30, 18i6;" anti tho House agree to tho same. 2oft he bill, the words ''two hun4red and twenty" :,md insert in lieu thereof "five That the House recede from its disagreement to the amendment numbered 168, bundrod ;"and tho ~ena,te agree to tho same. and agree to the same, with an amendii:lent as follows: Strike out 11 twenty-one 11 That tho IIouse rocedo frOm itA clisa,_,"Tooment to tho amendment numbered 51, and insert "fifteen;" and tho SenatQ agret} to tho same. and a greo. to tho same. with an amendment as follows : After the wonl " se..qgion," in That tho Houso recede from its o in all, ery, furniture, fixtures, and repairs, ~.ooo; for books and maps, 2,000; for extra at $2,500 eaoh; disbursing clerk, file clerk, printing aml bill clerk, and enrolling clerk hire and copying, :t2,500; in all $11,000." clerk, four in nll, at 2,250 each; for assistant to Chief Clerk, a sistant to enrolling An1l the Senate arrce to the same. clerk, resolution and petition clerk, newspaper clerk, SUJ>Orintendent of document- That tho House recede from its disagreement to tho amendments num bcred 208 room, index clerk. anti librarian, seven in all, at $2,000 each; distributing clerk, t.o !!12, both inclusive, ancl agree to the salllo, with :m amentiment as follows: $1,800; forstationeryclerk,$1,500; one document clerk and onoupholstererand lock- Substitute for tho amended paragraph tho following: smith, $1,440 each; one chief messen.c:or in the office of tho Clerk of the IIouse and "For conting-ent expenses, namely: For fuel, $10,000; for li~hts, $3,000; for re- one rucsl!cngor assisting librarian, at $1,440 each; book-koopcr and four clerks, at pairl:l, 2,000; for caro and subsistence of horses and repairs of wagons ancl harness, tt,600 eaolt; one engineer, $1,440; and two assistant en~inecrs, at. $1.200 each; anfl 61.500; and for miscellaneous items, not included in tho foregoing, $3,125; iu aJl all en::dncers and others wbo are enga:red in h<'ating ann vontilatin~ tho House shall $1!l,6:.!5." bo subject to tho orders of u.nd in all respects 1mder tho tlirection of the Door- And the Senate agree to tho same. keeper; for five firemen, at.$900 each;,. one laborer, at $820; and four laborers, at That tho House recede from its disa:rreement to t.he amendment numbered $720 each; one page, at $:!.50 por d&y aurin_rr the session; aml one telegraph-oper- 216, with nn amendment Rtriking out the followinf, on lino fl, page 14, of tho bill: ator, $400; for clerk to t.he Committee of Ways and Means, $2,500; messenger to '·For purchase of oilicial postage-stamps, $'20,000; 'and the Senate agree to the tho Committee of Ways and Means, $1,200; clerk to the Committ-ee on Appi'Opti- samo. ations, $2,500; messenger to the Committee on Appropriations, $1,200; clerk to the That tho IIonse recede from its disagreement to the amendments numbered 217 Committee of Claims. $2,000; clerk to tho Committee on Public LanclR, $2.000; clerk to 241, both inclusive, with an amcndriient as follows: to tho Committeo on War Claims, $2,000; clerk to Speaker's table, $1,800; privaro Substitute for tho amoml&l paragraplt the following: secretary to the Speaker, 1,800; Sergeant-at-Arms of the Honse of Representa- "SUI'eiMy's Ojftce.-For compensation of tlto Secretary of ~he Trerumry, ss,ooq; tives, $4,000; for one horse and wagon for his use, $500; clerk to tho Sergoant-at- two Assistant Secretaries of the Treasury, at $4,500 each; chief clerk and ex ojJ'ww Arms, .. ~.100; paying teller for the Sergeant-at-Arms, $~. 000; ml'Ssenger to tho Ser· superintendent of tho Treasury building, $2,700; .one chief of division of warrants, gcantrat-Arms, $1,200; Doorkeeper, $2,500; assistant doorkeeper1 $2,000; clerk for eatimates, and appropriations, $2,750; one assistant chief of division of warrants, Doorkeeper, $1,200; ,ja.nit01·, $l,200; Postmaster, $2,500; first a&nstant postmasto:r, estimates, and appropriations, $2,400; sis:: chiefs of division, at i2,500 each; six as- $2 000 ; four messengers, at $1 000 Pach ; eight during the session, a~ $600 each ; sistant chiefs of diVIsion, at $2,000 ea{}h; twenty-three clerks of cla.ss four; two Chaplain of the Rouse, $900; five official reporters of the proceedings and debates (lisbursing clerks, at $2,500 each; stenographer to the Secretary, f.l,OOO; nineteen of the House, at $\000 each; pwo steno:rraphers for corumiltees, $5,000 each, and clerks of class three; eighteen clerks of class two; eleven cl'erka of class one; this shall be in lien of all othor compensation for such services in reporting and twenty female clerks, at $900 each; eight messengel'll, and twenty-eight laborers; transcrilJing tho proceedin:rs of.each and all of said committees; superintendent of one captain of tho watch, $1,200; one engineer, $1,400; one assistant engineer, tho folcling-t'Ooru, e2,000; three clerks in tho folding-room, ono at $1,800, and two at $1,000; one machinist and ~as-fitter, $1,200; one store-keeper, $1,200: sixty watch- $1.200; one folder in tho sealing-room $1.200; superintendent and chief asiist.ant men, at $720 each, and, additional to two of said watchmen, acting as lieutenants of in tho document-room, at $1,800 each; document file clerk, I, 400; eight messen~ers, watchmen, $180 each; six firemen, at $720 each; seventy-five char-women, at $180 at $1,200; ten messengers, at 1,000; four laborers under the superintendent of the each; in o.ll, i281,310." · foldin_g-room to handle books, at $720 per annum each: seven laborers. at $720 each; .and the Senate agree to the same. ten laoorers, during the session, at the rate of $720 ea{}h per annum, ~2,400; one la- 'that the House recede from its disagreement to the amendments numbered 242 borer. at $600 ; one laborer. (Henry Don.gla.'!.) at $840 ; and for one female attendant to 251, both inclusive, and agree to the same, with an amendment as follows : in ladies' retiring-room, $600; maldng, in all, the sum of $196,420." In lien of the a•nended paragraph insert the following : That the Senate recede from its amendment numbered 137, and agree to the text "And the Secretary of the 'J.'reasury is hereby directed to consolidate tho division proposed to be stricken out, with an amendment as follows : Insert after the wol'{l of loans anti tho division of currency into one division; and all work now dono in "year," in line 6, page 8 of the bill, the following: "at a compensation not exceeding either tiivision shall be done in tho consolidated division, with the following em- $1,200 each." ployes, namely: One chief of division, a.t. 2,500; two assistant chiefs of division, at That the House recede from its ilisagreem.ent to the amendment numbered 144, 2, ioo each; ten clerks of class four, and :ulditional pay to three fourth-class clerks, and a rreo to tho same, with an amendment as follows: namely, receiving clerks of bonds a.noa of tho House prior at •noo cnch: six messen;!.,"flt's tLt $840 c:wh; His: laborers, at $7~0 each; and six la- to Jmw :m, 1876, $3.000, to be rli lJnrsoo by the Clerk of llie House." borers, at $2.25 per day 6a(lb; in all, $&3,685.50." Anti tho Stmato agroo to the Harne. And the Senate agree to tho same. 5526 CONGRESSIONAL RECORD- SENATE. AUGUST 12, That the House recede from itS disagreement to the amendments numbered 252 each; one messenger and three laborers; in all, $60,250; and for \he (li vision of to 259, both inclusile, and agree to tho !:lame, with an amendment as follows: loans, namely, five chiefs of division, at $2,000 each; ninp clerks of cla.s~i four; In lieu of the amended parar~a.ph insert the following : eight clerks of class three; three clerks of class two ; four clerks of class one ; "Supervising Architect.-In the construction branch of the Treasury: For Super- sixty-seven copyists and counters, at $900 each; four messen~rs and follr labor- vising Architect, $4,500 · chief clerk, $2,250; photographer, $2,250; one prinmpal ers; in all, $114,540. .And the office of deputy register of the Treasury is he1·oby clerk a.t 2,000; ono clerk of class four; two clerks of class three; two clerks of abolished." class one; one clerk, at ..,!JOO ; and one messenger; in all, 20,140." .And the Senate agree to the same• .And the Senate agree to the same. . That the Honse recede from its disagreement to the amendments numbered 391 That th(} House recede from its disa!n'eement to the amendments numbered 260 to 406, both inclusive~, and agree to the same, with an amendment as follows: to 268, both inclusive, and agree to the same, with an amendment as follows: In lieu of the amen ned paragraph substitute tho following: In lieu of the amemldtl paragraph substitute t.he following: "Oomptroller of the Our-rency.-For Comptroller of the Currency, $5,000; deputv "l!'irst OomptroUer o.fthe Trea.mry.-For J!irst Comptroller of the Treasury, $5,000; comptroller, $2,1:00; four chiefs of division. at i2,200 each; one stenogra.pllor, at deputy comptroller, $2,700; four chiefs of division, at 2,100 each; four clerks of $1,800; eight clerks of class four; twelve clerks of class three; nine clerks of class class four . ten clerks of class three; ei:!ht clerks of class two; four clerks of class two; ei,!}ht clerks of class one; twenty-five clerks, at $900 each: three me~sen~el'lt, one; six o1arks, at$900 each; one messenger; and three laborers; in all, $63, 700." three Ja:oorers, and two night-watchmen, at $720 Cat;b : in all, 102,820 ; anu for And the Senate agree to the same. expenses of the national currency, namely, onosuperintolldent, at$2,00:1; ono teller That the House recetie from its disagreement to the amendments numbered 269 and one book-keeper, at $2,000 eaeh; and one assistant book-keeper, at $2,000; to 27l:!, both inclusive, and agree to the same, with an amendment as follows: fifteen clerks, at $900 each ; and one messenger; in all, ~2,340." In lieu of the amended paragraph substitute the following : And the Senate agree to the same. "Second. Comptroller o.f the Treasury.-For Second Comptroller of the Treasury, That the House recede from its disagreement to the amendment numbered 407, $.5,000; deputy comptroller, $2,700; five chiefs of division, at 2,100 each; five clerks and agree to the same, with an amendriient striking out the wortls "five hnndrecl ;" of class four; twelve clerks of class three; thirteen clerks of class two; eight clerks and tlie Senate agree to the same. of class one; nine clerks, at $900 each ; one messenger; and three laborel'S; in all, That the House recede from its disagreement to the amendments numbered 408 81:!5,300." to 417. both inclusive, and agree to the same. with au amendment as follows: .And the Senate agree to the same. In lieu of the amended paragraph substitute tho following: That the Honse recede from its disagreement to the amendments numbered 279 "Commissioner of Internal :Revenue.-For Commissioner of Internal Revenue, to ~6. both inclusive, and agree to the same, with an amendment as follows: $6,000; one deputy commissioner, $3,200; two heads of division, nt$2,500 each i five In lieu of the amended paragraph substitute the following: heads of divis10n, at i2,250 each ; one stenographer, $1,800; twenty-five clerKS of "Oommissioner of Oustoms.-For Commissioner of Customs, 4.000; deputy com- class four; thirty clerks of class three; forty clerks of class two; eighteen clerks missione~, i2,250; two chiefs of division, at $2,100 each; two clerks of class four; of class one ; fifty''(}lerks, at $900 each; four messengers ; and ten laborers; in all, five clerks of class three; ten clerks of class two; nine clet·ks. of olass one; one f253,410." mt:ssenger; and one laborer; in all, 48,410." And the Senate agree to the same. .And the Senate agree to the same. · That the House recede from its disagreement to the amendment numbered 420, That the House recede from its disagreement to the amendments numbered 287 and a.~ to the same, with an amendment as follows: Strike out all after tho td'298, both inclusive, and agree to the same, with an amendment as follows: word "packages" in line 25, page 21 of the bill, tp the close of the paragraph; and In lien of tho amended paragraph substitut~ the followin~: the Senate a!!I'Oe to the same. "Fir~·t A ttditor.-For the First Auditor of the Tre:I.Sury, $3,600; deputy auditor, That the House recede from its disagreement to the amendment numbered 42}. $'2.250; four chiefs of division, at ..,2,000 each; two clerks of class four; six clerks and agree to the same, with au amendment as follows: St.rike out "nine hundred of class three· seven clerks of cla.ss two· eleven clerks of class one; one messen- and twenty" and insert " eight hundred; " and the Senate a~ree to the same. ger; and two fa borers; in all, ~2,330; and for tho division of loans, namely: Three That the House recede frOm its disagreement to the amenament numberod 423, clerks of class four; three clerks of class three; two clerks of class two; and two and agree to the same, with an amendment as follows: Strike out "ei,:tht hun- clerks of clas!\ one; in all, $15,400." dred " · and insert" four hundred and seventy.-five ; " and t·h e Senate agree to the A.nd tile Srnate agree to the same. same. That the Honse recede f-rom its disagreement to the amendments numbered 299 1'hat the House recede from its disagreement to the amendment numbered 429, to 308, both inclusive, and agree to the same, with an amendment as follows: and agree to the same, with an amendn:ient as follows: Stdke out "July" and in- In lieu of the amended paragraph substitute the following: sert " September ; " and the Senate aln'CO to the same. "Second Auditor.-ForSecoml.Auditor, $J,ti00; deputy auditor, $2,250; five chiefs That the House recede from its disagreement to the amenrlment numbered 431: of division, at $2,000 each; six clerks of clas11 four; tw~nty-eight clerks of class and a.,2, ei~htRen counters and copyists, at $900 each; seven messengers; and twenty-six and a:n-ee to the same, with an amendment a..'! follows: In li..u of "six" in ert laborers ; in all, $182,400; and for the force employed in redeeming the national "five;" and the Senate agree to the same. currency, natwly, for superintendent, $3,500; two principal t~llers aml one princi- That the Honse recede from its disagreement t.o the amendment numberetl 453, pal book·keeper, at 2,500 each; one assistant book·keeper, $2,400; and two assist- and agree to the same, with an amendment as follows: In lieu of "ten 11 in~ort ant tellers, at $2,000 each; two clerks of class four; two clerks of class three; four "nino; " and the Senate U.,00 ;" and the Senate a.~1·e.e to tho same. In lien of tile amended paracrraph substitute tho following: That the House recede from its disagreement to the amendment numbei·od 456, "Register of the Treasttry.-'t!or compensation of tho Re:;stor of tho Treasury, anrl a.gree to the same, with an amendment as follows : In lieu of ·' :.!0 " insort '' l5;'' ~4,i;OO; as. is taut register, $::!.250; six clerks .of class four; seven clerks of cla. s anrl the Senate agree to t.he same. · tlll'ee; ten clerks of cla{ls two; eight clerks of clat>S one; six copyist.>, at 900 That the House recede from its disagreement to the amomlruent numhel'eu 459, 1876. CONGRESSIONAL RECORD-SENATE. 5527 and a_!!ree to the same, with an amendment as follows: Strike out of said amend- That the Home recede from it~ disa~eement to the amendment numbel'6(l 613, ment the words" two hundred;" and the Senate agree to the same. and agree to tho same by substituting tor the amount proposed' " $2,000 ;" and the That the Honse recede from its disagreement to the amemlments numbered 462 Senate agree to the same. and 463, and agree to the same, with an amendment suh~tituting · in each case for That the House recede from its disagreement to the amendment numbered 615, the amount proposed "two thousand eight hundred;" and the Senate agree to the and agree t.o the same, with an amendment as follows: same. In lieu of the amended paragraph substitute the following: That the House recede from its disagreement to the amendment numbered 464, "A11say of/ice at Charlotte, North Oarolina.-l!'or salary of assayer and melter, and agree to the same, with an amendment as follows: Strike out "eight" and in- $1,500; for fabor and other expenses, 1500 ; iri all, $:l, 000." sert "six;" nnd the Senate agree to the same. And tho Senate agree -to the same. That the HoUBe recede from its disagreement to the amendments numbered 465 That tho Houso recede from its disagreement to the amendment numbered 618, and 466, and agree to tho same, with an amendment substituting in each case for and agree to the same, with an amendment as follows: In lieu of the words pro- the amount proposed "two thousand four hundred;" and the Senate agree to the posed t~ be inserted insert "14,500," and add at the end of the paragraph the fol- samo. · lowing: "Prooided, That so much of the amount of f25,600 appropriated by act of That the House recede from it~ disagreement to the amendments numbered 467 Juno 20, 1874, for per diem of members of council and hoUBe of representatives, and 469, and agree to the same, with an amendment substituting in each case for and other officers and clerks and employes of the Legislative Assembly, as is not the amount propoaed "two bunllred and fifty:" and the Senate agree to the same. noeded for the payment of per diem, shall be applicable to the payment of m :eage That the House recede from its disagreement to the amendment numbered 470, of members of the Legislature, aml for printing, statiollery, and other incidental and agree to the sarue, with an amemlm ent as follows: Strike out "two" where expen~es of the Legislature and the secretary's office of the Territory for the fiscal it occurs the second time and insert in lien thereof " one;" and the Senate a~ree to year 1875; " and the Senate agree to the same. thesame. . That tho House recede from its disagreement to the amendment numbered 621, That the House recede from its disagreement to the amendment numbered 481, ane out, in judges, at 3,000 each, and secretary, at r:z.ooo, $14,000." lines 1U and 11, pane 29 of the bill, the followinj!; words: •· agsistant fractional-cur- And the Renate agree to the same. rency clerk" and 'dollars;" and the Senate agree to the eame. That the House recede from its di!m,crreement to the amendment numbered 624, That the House recede from its disagreement to the amendment nnmbered 520, and agree to the sl\me, with an amendinent a.~ follows: and agree to the same, with an amendment as follows: Strike out "forty thousand In lieu of the amended paragraph substitute the following: and twenty" and insert "thirty-nine thousand fi>e hundred and fifty;" and ~ "Territory of Jdalw.-For salaries of ~vernor, chief justice, and two associate Senate agree to the same. judges, at l,OOO each. and secretary, at $2,000, $14,000." That tho House recede from its disagreement to the amendment numbered 546 And the Senate agree to the same. and agree to the same, with an amendment as follows : Strike out " fifteen " and That the House reced.e from its disa!!reement to the amendment numbered 6~, in11ert "fourteen;" stlike out" seven" and insert" two;" and the Senate a..crree to and agree to the same, with an &mend'ment ag follows: Strikll out "fifteen" and the same. insert in lieu thereof '•fourteen," antl add at the end of the paragraph the following That the Senate recede from its amendment numbered 547, and agree to the text as a new parawaph: pl'Oposecl to be stricken out, amended ag follows: In lieu of "Juno" insert' ' Sep- "For legislative expenses, namely: For compensation and milea~eof members of temb r;" after the word" discontinue" insert "from said date, " ancl strike out the Legislative Assembly, the officers and cl?rks•. aml the contmge.n t expenses "Tucson, Arizona," and insert "Pittsburgh, Pennsylvania;" and the Senate agree thereof, $20,000: Provided, That the ne....:t Legislative Assembly shall conYene at to the same. the seat of ~rovernment of the Territory on the second Monday of January, 1877, That the House recede from its disagreement t~ thea.mendmentnumberee buildjng; in all, $69,380." and iru;ert in lieu thereof "two hundred and seventy-five;" and the Senate agree And the Senate agree to tho same. to the same. That tho llouso recede from its disagreement to the amendments numbered 645 That the Senate recede fr'Om its amendment numbered 580, antl agree to lrlaike to 650, botl1 inclusi vo, and agree to the same, with an amendment as follows: out all after the word "dollars," in line 21i, page 3:l of the bill, down to the close of In lieu of tho amended paragraph substitute the following: ' the para!!raph; and the House agree to the same. "Ill the Ojfice of the .Adjutant-GeMral.-One chief clerk, at $2,000; eloveu clerks That lli.e Honse recede from its disagreement to the amendments numbered 582 of class four; seventeen clerks of class three; forty-one clerks of class two; one to 587, both inclUBi ve, and awee to the same, with an amendment as follows: hundred and tifty-one clerks of class one; eight messengers, at $840 each; in all, In lieu of the amended paragraph substitute the following: $294,320." "Mint at Oarson, Nev~a.-For sala.ry of su~rintendent, $3,000; for assa.yer And the Senate agree to the same. molter and refiner, and corner, at $2,500 each; chief clerk, at $:l,250; cashier· and That the HoUBe recede from its disagreement to the amendment numbered 651, book-keeper, at $2,000 each; weigh clerk, $2,0:JO; voucher clerk and computing and agree to the same, with an amendment ag follows: Strike out "twel'\'"e," and clerk, at 1.800 each; assayer's clerk, at $1,200; in all, $23,550." insert" ten;" and the Senate agree to the same. Anll the t:lenate agree to the same. That the House recede from its disagreement to tho amendment numbered 653, That the House rececle from its clisagreement to the amendment numbered 588, and agree to the same, with an amendment as follows: Strike out all of said amend- and agree to the same. with an amendment as follows: Strike out therefrom the ment after the words "chief clerk" and insert in lieu thereof the following: "At wordS "one hundred" and insert in lieu thereof "eighty;" and the Senate agree $1,l100; one clerk of class three; two clerks of class one; one messenger; in all, to the same. $6,640 ;" and the Senate agree to tho same. That the Honse recede from its disagreement to the amendments numbered 595 Tbat the House recede from its disagreement to the amendments numbered 656 to 608, both inclusive, and agree to the same, with an amendment as follows: to 661, both inclusive, ancl agree to the same, with an amendment ag follows: In lieu of the amended paragraph substitute the following: In lieu of the amended paragraph substitute the following: "Assay office at Ntw York.- For salary of superintendent, $4,250; for assaycr, "In the Ojficeo.fthe Qitartermastar·GeMral.-One chief clerk, at$2,000; ~en clerks tl,OOO; for molter and refiner, $3,000; c'hief clerk, ~2,500; weighing clerk, $2,500; of class four; nine clerks of class three; twenty-four clerks of class two; forty· paying clerk, $ ·~,000; bar clerk, $1,800; warrant clerk, $2,:..CIO; two calculating eight clerks of class one ; twenty copyists, at $900 each ; one female messenger, at clerkR, at $1,800 each; assistant weigh clerk, $1,600; for assayer's first assistans, $30 per month; one messenger at $l:S40; two a88istant messengers ; six laborers ; $2,~0; for assayer's second assistant, $~, 150; for assayer's third assistant, $2,000; one engineer, at 1,200; one fireman; five watchmen; and one draughtsman, at in all 32,900. $L,800; in ,n, $152,480." .And the Senate agree to the same. And tl10 Senate agree to the same. That the House recede from iU! disagreement to the amendments numbered 611 That the House recede from its disagreement to the amendments numberoo 662 and 612, and agree to the same, with an amendment as follows: Strike out "six" to 667, both inclusive, and agroo to the same, with au amendment as follows ; and insert" four," and strike out" four" and insert " three;" and the Senate agree In lien of the amended paragraph substitute the following: to t.he same. "1~& the Ojftce of the Oomntissury-Gelleralr-One chief clerk. at $~,000; oue clerk 5528 CONGRESSIONAL RECORD-SENATE. AUGUST 12, of class four: .three clerks of class three; four clerks of class two; ten clerks of That the House recede from its dis:1greement to tbe amendment numbered 775, clas s one ; one messenger, at ~840 ; two laborers; two watchmen; in all, $29,920." and agree to the same, with an amendment as follows: Strike out "se>on " and in- .And the Senate agree to the same. sert "six;" and the Senato agreo to the same . That tho House recede from it-s disa.,..enses of clerks class four; five clerks of class three;' seven clerks of cla.ss two; ninety-two clerks detailed to investigate suspected frauds and attempts at fraud, as provided I.Jy law, of class one; one anatomist at the .Army Medical Museum, at $1,600; one engineer ~0,000; for stationory, $6,000 ; for carpets, m.·~ota, furniture, a.wnings, and ropairs in division of records and museum, at $1,400; one messenger, at .$840; twenty of the same, 2.000; for fuel, gas, engraving and retouching plates; for I.JI.)unt.y- watchmen and laborers i in all, $161,040: Provided, That tho Surgeon-U crieral of tho land warrants, printing and bin(ling the same, engraving and printing pension cer- .Ann:y is hereby authonzed to detail, for temporary duty in his Office, in complet- tificates ; for repairs of building, aml for other necessary expenses ot the oflice, in- ing the catalogue of the libra.ry, one acting assistant surgeon from those now under cludin~ two daily newspapers, $4,500; in all $62,500." . contract, anu no additional contract shall on this account be made.." , Ami the ~CJJato a6rre~ to the same. And the Senate agree to the same. , 'l'hat the House recede from its disagreement to the amendments numbered 784 That the House recede from its ::trtment and its bureaus, $70,COO, " and insert tho followiu.g: "For compensa- and agree to thesame, with anameudmentasfollows: Strikeout "thirty-five" and tion of snpPriutendents of the six: buihlin~s occupied by the War Depa.r tment, at insert in lieu thereof" thirty;" and the Senate agreo to the same. &<>..50 each , 6L,500 ;"and the Senate a~ree to the same. That the House recede from its disagreement to the amendment numbered 813, '.rhat th~ llouse recede from its disagreement to the amendment numbered E-28, tlle tele~aph operator of the Department; three copyists ; two messengers; two and agree to the same, with an amenclment RB follows: Strikeout the words" eight a-ssista.m messengers; and four laborers; in :1.ll, $5!>,700." thousand four" and insert in lieu thereof" five thousand five; " and the Senate And the Senate a,<>roo to the same. agree to the same. That the House recede from its disagreement to the amendment numbered 742, That the House recede from its disagreement to tho amendment numbered 829, and a!ITee to the same, with au amendment as follows: Strike out in line 21, page and agree to the same, with au amendment as follows: Strike out" six thousand" 46 of the bill, t.h e word "eighteen" and insert '' twenty-eight," and strike out m and insert in lieu thereof "four thousant.l ;"and the Sm:ate agree to tllo same. line 23, page 46 of the bill, the words ''thirteen thous:mcl nine" and insert in lieu That the House recede from its disagreement. to tho amendment nnmbere(l 830, thereof "twenty thousand one ;" and the Se nate agree to the same. antl agree to the same, with a-n amendment as follows: Strike out the words "six That the Honse recede from its disa!!"reement to the amendment numbered 743, thousand threo," and insert in lieu thereof "threo thou~:~and six;" and the Senali6 and agree to the same, with an amendment as follows: Strike out the words agree to the same. · "seven thousand five hundred" nnd insCit "sh: thousand two hundred and That the House recede from its di<;a,_,areement to the amendment numbered R.11, fifty;" and the Senate agree to the same. · and agree to tho same, with au amenrlment as fol1ows : Strike out tho wonls ''six That the House recede from its disagreement to the amendment numbered 744, thousand three," and insert in lieu thereof" four thousantl fivo; " ami the Swate anrl &gTOO to the same, with an amendment as follows : agree to the same. In lieu of the words proposed by said amendment substitute tho following: That the llouse recede from its disagreement to the amendment numbered S:l2, ·• For rent of buildings for use of the Pension Ollice and for the Bureau of Edu- and agree to the same, with an amendment as f~>llows: Strike out tho word "twenty" cation, S14,000: P.rovided, That if the Secretary of the Interior can procure a fire- ancl insert in lieu thereof ''twelve;" and the Senate agree to tho sa rue. · proof building of suitable accommodations, for a rent not exceeding the sum That the House recede from its disagreement t.o the amendm"nt. number'Od 833, hereby appropriated, he shall rent the same, to take effect so soon as the present aml a.~ree to the same, with an amendm~nt as follows: Strike out the word "follr" Jettin~ can be legally terminated: And provided, That the lease of the present and insert in lieu th<>rcof ''three;" and the nenate a.!ITe" to the same. buildings shall be continued if the said builrlings shall be mal1e fire-proof by the That the Honse recede from its disagreement to the amendment numbered 834, owners thereof to the satisfaction of the said Secz·etary within six months from the aml agree oo the same, with an amendment as follows: Strike out tho words "five passage of this act, without disturbing the use of the said buildings; and that any thousand" ::mu insert in lieu t.hereof "three thousand five hundred; anu the Sen- II lease made for said building shall expire on nine months' notice from the Secretary ate agree to the same. of the Interior; and in case of removal the sum of 82.000, or so much thereof as That the House recede from its dis~areement to the amP.udment numbered 835, may be necessary, is appropriated for the cost of fitting up and removal to said fire- and agree to tho same, with an amendment as follows: Strike out the words "five proof building." thousaucl" and insert in lieu thereof "four thousand five hundred;" and the Senate And the Senate agree to the same. agree to the same. . That the House recede from its disagreement to the amendments numbered 745 That the House recede from its disa.greement to the amendment numbered 836, to 753, both inclusive, and agree to the same, with an amendment as follows: and agree to the same, with an amendment as follows: Strike out the words " five In lieu of the amended pararrraph substitute the following: thousand II and insert in lieu thereof "four thousand fiVO hundred; II ailU the Senate "General Land Office.-For the Commissioner of the General Land Office, $4,000; agreo to tho same. chief clerk, $2,000; recorder, 62,000; law clerk, $2,000; three principal clerks, at That tho House recede from its disagreement to tho amendment numbered 837 $L,800 each; five clerks of class four; tll-enty-twoclerksof class three; forty clerks and agree to the samo, with an amendment as follows: Strike out11 the word.'! "six of clnss two; seventy clerks of class one; one draugbtsman, 81,600; one assistant thousand threo " and insert in lieu thereof ''three thousand six; and the Senate drauahtsman, $1,400; two messengers; three assistant messengers; eight laborers; agree to the same. and two packers; in all, $213,640-: P1·011Uled, That the Secretary of the Interior, That the House recede from its disagreement to the amendment numberorl838 in hi:; discretion, shall be, and be is hereby, authorized to use any portion of said ap- and a,aree to the same, with an amendment as follows: Strike out tho wortl '' tive " propriation for piece-work, or by the day, month, or year, at such rate or raws as ' nJJ.li insert in lieu t.b.ereof "three;" ancl the Senate ap:rce to tho same. he may deem just and fair, not exceeding a saJary of $9110 per annum." That the House recede from ita disagreomont:. to tho amendment numi.Jered 839 .A.m1 the Senate agree to the same. , ancl agree to the same, with an amenrlment as follows : Strike out t he words "fonr That t.he House recede from its disagreement to the amendment numbered 760, thousand seven" and inser-t in lieu thereof'' tluee thousand six;" and the Senate and a~ee t{) the same, with an amen(lrilent a...'l follows: In lieu of the sum proposed agree to the same, to bo mserted insert "twenty-seven thousand five hunured; and the Senate agree That tho IIouse recede from its disagreement to the amcndmont numi.Jered 840, to the sa.me. and agree to the same, with an amendment a.s follows: Strike ont th e wortlR " :-~ix That the House recede from its (lisagreemont to the amendment numbered 774, thousand seven hundred 11 and insert in lieu thereof "four thousn.uu ;" and tho aml al!ree to tlle sa.mo, with an amendment as follows: Strike out "four" and in- Senate a;::ree to the same. s,•rt "two;" and tho Senate a~ree to tho t;ame. That tho llouse recede from its am-fitter, $900; one firoman, 720; throe female laborers, of tho~ Interior ma.y, in his discretion, postpone the time of sale ro the tine most $180 each; and for t.emporary clerks, ~10,000; making, in all, ~ 134,340." advantageous to the United Stat-es. . That the House recede from its disagreement to tlio amentlments numberoli 873 "SEc. -. For tho purpose of defraying the expenses of a survey of the Union to 8 5, both inclusi>e, and agree to tho same, with an amendment as follows: Pacific anrl Contra.l Pacific Railways between Council Bluffs, Iowa, and Sam·a- In lieu of tho ameurled text substitute tho following: nrento, California, ro be made in pursnan far Vermont-that under the :first of these sections committing to the a the same were applicable to service which by the provisions of this act is dis- continued. or to excess of compensation which by this act is rf'duced, Rhall not be Secretary of the Interior, as we have done, discretion :.s to the time deducted from the aggre)!ate appropriations herein made for like purposes; and of sale., there can be no great dama.g e. Under the last clause to which the sum of $60,000, or so much thereof as ma:'>r be necessary, is hereby appropriatoli the point of order is raised, I think a good deal of good will be ac- for temporary clerical service in the several Execntivo Departments, :u:cording to tho exigencies of tho public service, to be apportionott by the Secretary of tho complished, although perhaps that is not a rea.o;on why it should be Trensury. And the President is autl10rized, during the present fiscal year. when- included in the bill as against the rnle. The committee wore in - ever the in•erests of the p"nblic service shall require it, to transfer any clerk or formed and believed the fact to be true that it has recently been as- employe from one Department to service in another Department." certaiuecl that there are some fifty miles more of the Union Pacitic That t.he House recede ft·om its numbered 947, 948, 949, 950, aml951, anti agree to tho following substitute for the section: Railroad paid ·for than really exist, and it was thought desirable to "SEc. 3. That whenever, m the judgment of the head of any Department, tho du- have the measure inserted, as prouably from half a million to two tie.'i a.~<>il!llcd to a clerk of one class can be as well performed by a. clerk of a lower million dollars will be saved by it. class, or by a fomalo clerk, it shall be lawfnl for him to diminish the number of I have uot,hiug to say on the point of order. I nnd~rstancl tho r-lcrl;s of tho bi_::her grade and inercnse th e num her of tho clm·l{s of tho lower :n-a.do within the limit of tho tota l app:-opriation for such clerical service: J>ro cidecl, That point of order better than I did in the conference committee; but I in making any redncHou of force in any of the Ex:ccuti vo Departwcnts the head appeal to the Senator to let the bill go through. 5530 CONGRESSIONAL RECORD-SENATE. AUGT!ST 12, Mr. EDMUNDS. Of course the Senate is perfectly aware that the law as that. Even if Congress has the power to abolish the otlico of point is well taken, and a point of ordm that ought to be taken on a comml, so that no such office exists, it is quite a different thing from every occasion of this character, as it generally is. I, of course, do undertaking to exorcise the power of directing that a particular not intend, after I get the ruling of the Chair, to insist upon it, be- officer or a pa1·ticular number of officers, named a.s they are by refer- cause these particular provisions are not obnoxious, so far as I know; ence, shall close up t.heir offices and clear out. It is as plain a viola- but I make it in order that it shall not grow up to be the practice tion of the independent rights of a co-ordinate branch to the Gov- of this body to tolerate this violation of the rules of propriety and ernment, to my mind, as could possibly be stated. I may be wron••; procedure, and by and by, as instances make order, as the phraso is, but that is my opinion, and I take this opportunity to express it ~o wo sball find that it is in order for the conferees to put in whatever that nobody hereafter will say to me that I have assented to legisla- they like that the two Houses never heard of, and force us to take it tion of that character. at the end of the session, as in this case, because they put it in rather Mr. SARGEl\"T. The conferees on the part of the Senate were than to lose the bill. Therefore, in order to prevent the csta,blish- confronted with this difficulty : We made no appropriation for Cl r- ruent of a bad precedent, I will inake the point of order, and if, of tain offices, contrary to our opinion of what ought to be done, know- cour ·e, as I have no doubt, the Chair shall sustain it, I shall at once ing thereby that, pro tanto, the service was injured and crippletl; withdraw it, with unanimous consent. but it would take some months to get word to ministers and consuls The PRESIDENT pro tentpore. The Senator from Vermont makes in various parts of t.he earth that there was no aalary provided for the point of order that new matter has been introduced which was them, and hence there was a necessity for them to return horne. not submitted to the conferees. The Chair will sustain the point of Unless provision was made for theh· payment for that interval, and order, at the same time saying, as it is a matter of grave importance, also that. which tho law provides for their transit home, they might that if the Senator insists upon it, the Chair will refer it to the Sen- be left in a. very embarrassing situation. Their salaries at best, mnuy ate. of them, are small. They might not have the means to get home ; Mr. EDMUNDS. I only wish the Chair to state what the rule is. and from being representatives of America abroad, keeping up to The PRESIDENT pro tempore. The Chair sustains the point of some extent the dignity of their positions they .mi~ht be turne1l to order. beggars and compt}lled to borrow money or to beg 1t in order to got Mr. EDMUNDS. Now I ask unanimous consent to withdraw my home. It was necessary to provide a fund to get them home. If a point of order antllet the objection be waived. fund was provided, it was necessary to place some limitation upon the The PRESIDENT pl'o ternpore. The Chair hears no objection, and expense which would be incurred. It would be a charge upon that tho point of order is withdrawn. fund, and I do not know of any apter words that I could use to ex- Mr. EDMUNDS. I want to bri.ve notice that I shall never withdraw press it than to sa.y that notice should be sent to them at onco ; it ;vrain, except-no, I will not make auy exception. that on their receiving it they should come home; and that they Mt·. WINDOM. I move that the Senate concur in the report of the shonlll be paid for the time which elapsed to get it ancl for thdr committee of conference, and I think that the best explanation I can transit home. That was the difficulty which we encountered. I ruake of these nine hundred and oud amendments will be to submit n.dmit the criticism of the Senator. It was a very difficult problem the printed report and await any question that ma.y be ppt to me. It to deal with, and I thought it was the best we could do under t.he is uttel'ly impossible, as we have passed the bill, to make a full expla- circumstances. nation. It has already been somewhat fully explained, and unless it Mr. EDMUNDS. I hope my honorable friend from California will be desired by Senators I will not take the time to make an explana- not suppose that I am making a criticism upon the object he had in tion. view. I was only saying that in my humble opipion this particular The report was agreed to. clause, to which I havo referred, command in~ the closing of certain CONSULAR .AND DIPLOMATIC BILL. offices named by reference, was a palpable violation: under the Con- stitution, of the rights of the executtve department of the Govern- Tho PRESIDENT pro tempo1·e. The regular order is now before the ment; that is all. The motive that he has stated was a very gootl, Senate, being the bill in reln.tion to the Hawaiian treaty. and a proper, and a very necessa1·y one, if I can use that as appliefl Mr. WINDO~!. I desire to appeal to the Senator from California to motive. Tbat I entirely agree to. I should have been very sorry [Mr. SARGENT] to permit the further consideration of the report to have had the Senate assent to these salaries being abolished, to pre ·entetl b.v llim upon the consular and diplomatic bill. I think we take effect from f.he passage of the act, and no provision at all matle ougllt to fini:sh that before we adjourn to-night, anu I think ho will for these people who have been kept on beggarly salaries before to cousent to hw aside the regular order for that pmpose. get home. That wonld have been cruel; but what I do say is that Mr. SARGENT. I will uo so, laying aside the regula.r order infor- taking the language of the act as it stands it amounts so far as I can mally to ~ome up agaiu at the conclusion of the report. I ask that understand, and my friend seems to agree to that, to be assuming a tlw (1uestion be taken upou tbe report. power in Congress to declare that any public minister or officer at The PRESIDENT pro tempo1·e. The question is on concurring in any place, because Congress seems to lJe dissatisfied with him or his the coufer~uce report upon tho consula1· and d.iplomatic bill. service or for any reason, shall cease his functions and retire, not Mr. ED.'!lUNDS. Has it been read t abolishing the office, which may be another thing, but abolishing l\lr. HITCHCOCK. It was reau before the recess. him, which, so fa\' as I have understood the Constitution, is a power Mr. ED.YlUNDS. I do not ask for it, except that I should like to that dot}s not belong to Congress. have the last cl:tuse reatl. Mr. HOWE. I am not going to criticise the action of those Sena- Tl.ie PRESIDENT p1·o ten1,p01'e. The Secretary will report it. tors who have represented this body in these prolonged conferences Tile Chief Clerk rea.tl. a.s follows: on t.he consular and diplomatic bill. I partly know something of the For compensation of such diplomatic all(l consular officers heretofore compen- strain to which they have been subjected, the difficnlt.iea thn.t they satetl by salaries for whose salaries no appropriation is ma(le by this act such aruouut as "ball be necossa.r.y to pay thdr saJarios as fixell by law until they shall have had to encounter, and the extreme Ia bor which has been imposed ha ,·o noLioo to doso their otlkrs, which notLCe shall be at once sent to them by the upon them. I am bound to assume and really believe that they have Seer tary of . ' tate, ancl for the time allowotl by law for tmusit from their r espect. not only done the hest of which they wore capable, but I have every h ·o post::; to their places of resillenco, ~~ . 000, ot· I!O much thereof as may be neces· 1·eason to believe that they havo done as well as could be done uuder sary. the circumstances which confronted them. But I cannot see t.he Mt'. EDMUNDS. I should like to have my friend from California. Senate acquiesce in the re.'3ult to which they ha.ve been force1l with- state whtLt are the ·e offices that the Secretary of State is orderefl to out expressing my extreme regret and mortification-! will u, e that cause to be closed. · expression-that they should have beou driven to a result which I .Mr. SARGENT. The offices for which no provision is made in the think so unbecoming and so humiliating to the Republic. bill. 1\ir. President, if we had been driven by stress of circumstances or 1\ir. EDMUNDS. The offices which this clause says the Secretary stress of politics to reduce the clerical force in your Departments of St.a te shall notify at once to be closed f one-fourth or one-half, we could have submitted to that without any Mr. SARGENT. Yes, sir. For instance, he will send word to the dishonor in the eyes of the world. All you could say of that is that ministers at Portugal, Switzerland, Bolivia, Ecuador, and also to the your work would not be done. You could have consolidated all the consuls at Swatow, Southampton, Oporto, &c. Auditors in the Treasury Department into one and the worst th:tt Mr. EDMUNDS. I merely wish to say that if there is any execu- could have happened would be that your accounts would not have tive branch of tho GoYernment left under this reform Congress, I been adjusted, your obligations would not have been met. Yon supposed that under the Constitution it did not belong to Congress could have reduced the salarie of the heads of your Cabinet one-half or to determine when a particular officer should be turned out and or- three-fourths, and the worst that would happen from that would be dered home. I did not suppose it was competent for Congress to that such members of the Cabinet as were able to support themselves, declare that some minister at some foreign court or some conspl should which they now do in a great measure, would have only had to draw be directed by the Secretary of State to close up his office antl either a few more tlwusanus out of their own pockets,. and as to such of those come home or go elsewhere as he liked, to stop his office and turn ministers as are dependent upon t'heir salaries for support, we could him out. I supposed the law was perfectly plain that that sort of have taken up contributions for them in the churches, or given them thing belonged to an independent and separate department of the now and then a donation party, and so eked out their support. But Government; and while of course I have no expectation of prevent- this mania for a reduction in your expenses has not fallen so heA.vily ing the acceptance of this report, and· as a practi~al fact I have no upon tho domestic service. It has stmck hard the foreign service disposition that I know of-we must get out some way-I want, as I and just at that brauch of servic~ which I think should notnave been did on the ot.her occasion about the matter of order and parliamentary struck at all. propriety, to put in for one a caveat that I do not agreo to a.ny such Fot· the first time in the history of Lhe Republic we can say tbat 1876. CONGRESSIONAL RECORD-SENATE. 5531 since the close of the late war the Government of the United States diplomatic relations, we are disgraced before the world. If we say has exerted something like it.s due weight and influence in the coun- that we cannot keep up onr clerical force, our Government suffers. cils of nations. I am gratified, not to say proud, to believe that in If we. say we cannot pay officials properly, we must take those of a the rank of nations the United States stands at the front. Our lower grade. In a word, if we run this nation on the basis of poverty, councils are sought for, are listened to, are respec~e~. we damage it. Mr. EATON. Will my friend permit me to ask nim a question T But, Mr. President, this nation is not poor. In 1860 we had a debt, Mr. HOWE. Yes, sir. . !believe, of $90,000,000, which hadaccumulatediutime of peace, and Mr. EATON. ·Has not the United States occupied for the last when we undertook t.o borrow we paid 12 per cent. interest. Now a thirty years a front rank among the nations of the earth 7 large part of our entire debt is funded at 5 per cent., none of it is Mr. HOWE. No, sir. . over 6 per cent., and we can fund it at 4t probably. That does not Mr. EATON. Not unuer the administration of Jackson T look like poverty. We have reduced our interest account since 1867 Mr. HOWE. No, sir. I may have misunderstood what was the from $143,000,000 to 103,000,000 a year. We pay 30,000,000 of our front rank of nations thirty years ago. debt every year. The balance of trade last year in our f:wor was Mr. ED~1UNDS. He means the skirmish line. $120,000,000, which is just so much money paid into our Treasury. Mr. HOWE. She was not on the skirmish line by a long shot. I That does not look like poverty. was even less acquainted with her diplomacy then than I am now. Mr. President, is it not true that we as a nation, whatever may be I am sorry to make the confession, but my judgment is that the the condition of the people-and this question does not affect the peo- Unitecl States has been lifted within the last ten years 50 per cent. ple, for there bas been no lowering of taxation-are affecting pov~rty in tho scnJe of influence and of weight. in order that we may display to the public pretended virtues of ex- Now, sir, you cannot carry contributions to your consuls or to your traordinary economy anrt frugality T I believe that to be the case. ministers abroa.d; and after all our gasconade about republican sim- Mr. FERRY, (Mr. ANTHONY in the chair.) Mr. President, I also sym- plicity, it does not pay well at the court of London or Paris or the court pathize with the conferees, much more than I do with the policy of their of any other first-class foreign power. It is not a good market for it. report. The chairman of the conference committee bas stated that To have thero the influence which belongs to this country, you must twenty-two consulates have virtually been abandoned beca-use the maintain ministers not only of intellectual force and power, but yon bill fails to make appropriations for the consuls. I suppose one case must maintain them somewhat in the guise, if not in the character, would be a type for all, and as we are generally better informed of of gentlemen. They cannot borrow clothes to attend an evening those that are nearer homo, I desire to call the attention of the Sena- party. They cannot exert the power we expect of them iu the arena tor from California and also of the Senate to the case of the consul of politics without maintaining something of a social position. They at Windsor, opposite to the city of Detroit. There is tho western ter- cannot do that for nothing. They cannot do that without an ade- minus of the Great Western Railway opposite a city of a hundred . quate compensation. I am glad to learn that some ministers have thousand population, a port of entry. The goods imported at tho port escaped being scalecl down. I am sorry to learn tbat other ministers of Detroit are scattered from that port throughout the whole West; · havo been not exactly cashiereu but h:we been supplanted. goods for Cincinnati, Saint Louis, Chicago, Mil waukee, and all tho Mr. SARGENT. Do I understand my frieml T There have been no western cities are entered there, and yet the consulate at Winsor, re- ministers whatever scaled down. We have not changed a salary. ceiving the petty salary of 1,500 in gold, whose fees more than pay Mr. HOWE. I am speaking of your l:1.w. I am speaking of your his salary and that of all the consular agents connected with that appropriation. consulate, is stricken out. Now, what is the consequence f Not a cer- Mr. SARGENT. I am speaking of the appropriation bill myself. tificate can be issued, because there is no consul there, and parties own- We have not reduced the salary of any minister whatever or any con- owning the goods that are exported from there to the United States sul. must go t.o Sarnia, a distance of seventy miles, I think. Not only is Mr. HOWE. But you have not appropriated for them. that so as to goods coming that way, but it is true as to goous coming Mr. SARGENT. There are twenty-two consulates not appropriated on the southern railway at Trenton. Thus you have the busine s of for. two great thoroughfares to be provided for; and yet with a simple Mr. HOWE. And some ministers. salary of 1,500 you have been driven to withhold the appropriation Mr. SARGENT. Seven or eight. in order that you may enconomize on that scale. I desire the Sena.tor Mr. HOWE. That is what I am speaking of. to give a little explanation. Mr. SARGENT. The Senator spoke of their being scaled down. I Mr. SARGENT. I can explain it in several ways. It may be proper thought that referred to salaries. for me to say that Windsor, Canada, was struck out originally in Mt·. HOWE. I was not speaking of a change of the law. the Rouse bill. It was one of the forty consulates left out. In stuuy- Mr. SARGENT. We resisted the reduction of salaries because we ing this bill I went very carefully through the details and examined believed. the amount allow~d by law was not more than sufficient to the debate in the Honse on the various items. I found quite ,anum- maintain them half respectably abroad .. ber of consulates which were proposed to be struck out and which Mr. HOWE. The Senator understands, as I explained at the out- were finally struck out and which in the House elicited a gre:J.t deal set, that it was not the purpose of any remark I had to make to crit- of debate and a very instructive debate, but I found no reference at icise the action of the couf~rees on the pa.rt of the Senate. I am all to Windsor, Canada, as being of any consequence. Of course I .s peaking of the result. knew its location and that it probably was as important as many Mr. SARGENT. I was only anxious my friend should understand others; bnt there was certainly nothing in the Honse debates to call the case, and I see that he does. I misapprehended him. my attention to it. . Mr. HOWE. I am speaking of the unfortunate result. I think it Furthermore, in making up this report after the proposition was is to he regretted that at this time we should actually advertise to submitted to the Senate conferees, we took the best advice we could the world that we cannot atforcl to maintain even third-cla.ss minis- from the Department as to where reduction would do the least harm ters at.seveml very important European courts, and at several other to the service. It is unqueRtionable, in the opinion of the Depart- South American governments. Perhaps there is more political signi- ment, and in my opinion, that we have done some harm to the serv- :ficauco in keeping up, maintaining the position we have already ice; still harm ha.tl to be done, anu it seemed that Windsor could go assumed here on this continent than there is abroad; but I think the out as well aa La Rochelle could go out, or Swatow could go out, or importance of both these positions towers in comparison with tho Southampton and others I have mentioned, and perhaps better t.hau importance of the sum of money which it costs the people of the some other consulates. Iri some cases people have to go more than Unite d States t.o maintain them. seventy miles. In ·some cases the inconvenience would he very much .Mr. Presiuent, I do not mean to detain the Senate ; I feel this mat- greater. ter rather more acutely tha,n 1 care to give expression to. I could Mr. MORRILL. May I inquire of the Senator from California if have borne meager appropriations in various directions with more this is not one of the consulates provided for that might allow of the equanimity than I reg:ud them in this particular one, bot it is a appointment of a consul for the fees T question which concerns not me, but the American people. They Mr. SARGENT. A consular agent unquestionably can be appointed will consider it, and will pass judgment for or against it. I aw8.it to be paid out of the fees. A consul cannot be appointed to be paid their judgment. If they disapprove of this, it can be corrected here- out of the fees, because the law says, which is not repealed onder the after. I shall expect at no very distant day to see the Government sentiment of the Senate, that consuls at certain places named in of the United States return and re-occupy the position which to some schedules B and C shall be paid a certain salary, and if the Depart- extent I think it abandons at this time by the acceptance of this ment were to appoint .consuls to places named in schedules B and C report. they would be put back on a salary necessarily by law, and that Mr. FRELINGHUYSEN. .Mr. President, I can sympathize with the would be cont.radictory of the action of Congress. conferees in this matter, for I have been on a committee of conference Mr. MORRILL. Then it will probably result in a consular agent upon this bill. I am very sorry that the nation is brought to this being appoint.ed and receiving fees for certificates to the amount of stra.it. The destruction of the poor is their poverty. If a planter two or three times the consular salary. has a fine plantation and cannot stock it, if a merchant has a good Mr. SARGENT. That would be pretty nearly so. In cases of fifteen- stock of goods and cannot employ clerical force, if a professional man hundred-dollar salaries there would be no savin~. There wonlU ue a has a good education and cannot get a library, his poverty is his loss on all consulates where the amount was a thoosa.nd dollars, pro- destruction. It is equally true that affectation of poverty by the vided fees to the exteut of a thousand dollars or over were collected, rich is tho destruction of the rich. The result is the same if the because the consular agfmt is entitled to a thousand d9lla.rs out of t he policy is the same, whether the poverty be affected or actual. If we fees, a,nd then tho cousnl to whom he is assigned or in whose district say to the worhl that we are so poor that we cannot keep np our· ho is in allio recoi ves a. certain proportion of the fees if the fees are 5532 CONGRESSIONAL RECORD-SEN ATE. AUGUST 12, collected. Probably for a fifteen-hundred-dollar consulate it would Mr. EDMUNDS. I beg the Senator's pa,rdon. This is what the be allout even. There is one consuln.to here of $3,500. act says: . Mr. FERRY. I stated tha.t the fees of this consulate were larger thau the salary of the consul and larger than the salary of tho con- .t\}l moneys received for foes at any vice-consulates or consular agencies of the Umted Statcfl, beyond tho sum oE St,OOO in any one ~ear, and all moneys r eed v u sular agents. I understand that nuder the feo syRtcm t.ho salary by any coustu or cousul-gonoral from consular a genmes Ol' vice-consulates in CXC(' s would be about $2,000, and the consul is paid to-day $1,500. That is of $L.OOO in tho ag,~ogato from all such agencies or >ice-cousulates, shall IJo ac- · a stra.ngo policy, and I want to call the attention of tho Son11tor C?Unl~d for to the Secretary of the 1'roasw·y, and held subjoct to his draft orot.her d1rections. from Ca.Iiforni11 to the fact . that his gener::tl knowledge must bn.vo mn,rle him familiar with the bet th11t the Michig11n Central road Mr. SARGENT. I understand that perfectly, and it is entirely con- pa ·es all its traffic t.hrougb Windsor. Ho ia not una,ware of that fact. 8istcnt with what I say. They are accounted to the Treu ury, hut :ur. SARGENT. No; I have often tmveled over it. the Senator will ohserve that no consul except a salarietl consul has Mr. FERRY. Certainly the attention of the conference committee a co?stliar 3:gent. He re~iyes .i.Jis salary in the amount we .appropri- must have been directed to tho great importance of that consulate in ate m tho bill, and an adc<.l report will be adopted; but I wan tell to call tho attontion of tile Sen- from otfice-a uming that to be lawJul, upon which I express no ate to this illustration and to enter in this manner my prote~:~t against opinion-if yl)u can have ::toy offi~cr at all he must bo a vice-consul such a policy. · or a consular agent, and his compensation is limited by law to the Mr. McAULLAN. I merely rise to state my reasons for being com- suru of 1,000, and bo is obliged by h•w to collect just the same fees pelled to vote against the adoption of this report. It seems to me that he did before, but be must turn them over. the objection urged by the Senator from Vermont is of so serions a Mr. FERRY. I understood the Senator from California to state- character tha.t it caunot be disregarded by the Senate. These offices ! ha.ve not given especial attention to it myself-that in auclition to are established bJ laws passed by Congress and approved by the Ex- the salm·y of a thousand dollars be shared with the consulate to which ecutive. In this bill there is no attempt by legislation t-o change the be was at.tacbed in the fees. In that event the salary in the case to law establishing these offices or either of them. The report purports which I alJndo woulu be about $2,000. only· to refuse appropriations under existing laws, and in the clause Mr. SARGENT. No, I think not. I do not think so large a pro- referred to directs that in cn.ses where no appropriation is given by portion is allowed to the consul to whom the agent is attached or the act the offices shall be closed and the Secretary of State is di- whose officer he ia. The exact proportion I cannot state. A consul rected to give tho notice to the occupant; and it allows a. certain ma.y have three or four consular aaents under him and he supervises amount for the t.ime allowcrl by law for transit from their respective their accounts and directs them. Each of them, if the fees are large, posts to their places of residence, and makes an appropriation of receives $1,000, and then for the money pa sing through hiR hands $25,000 or so much thereof as may be necessary. and his general uirectiou he receives :1 certain percentage. By the Constitntion the power of uomina~ng and, with the con- .Mr. ED:\1UNDS. He receives $1,000 himself for all his agencies. sent of tlte Renate, appointing these officers is conferred upon the Mr. SARGENT. That ia what be receives. President. The Const.itution has taken great care to define exactly Mr. ED~1UNDS. If he bas twenty agencies be only gets a thou- the powers of the different branches of the Government, and I re- sand dollars out of alJ. gard as a most serious u:Lnger any attempt on tho part of one of f he l\lr. SARGENT. Excuse me. The agent receives $1,000 and the branches of this Government to interfere with•t.bc prerogatives of the consul to whom he is acc1·editedreceivos in audition, if the foos allow, other. I ccrt.ninly "on lei object to 11ny infringcnwnt. npon tho rights a percentage. of tlte legllilative brauch of the Govermuont by Lho ExccuLivo m1 I 1876. CONGRESSIONAL RECORD-SENATE. 5533 would by the legislative upon any other branch of the Government. the earth for a quarter of a century. I rejoice tbat I agree with my This attempt then is in this report, if it shall fie adopted, to control friend that we occupy that position to-day. I would that he coulcl the action of the Executive in a point where the power is conferred agree with me that we llave occupied it for many years. Ift.his coun- upon him by the Constitution. It is therefore certainly unconstitn- try ever stoocl higher in the opinron of the world than it !e p:11d mto the treasury of thtl D1strict of Columbia as the share of tne Uijiteu States toward the expenses of the gentleman from Pennsylvania [Mr. RA.J.."'WALL] to reconsider the said District for t4o year beginning July~. 187G.' . . . . vote by which the House on yesterday disa.greed to the amendments Amend the title SQ as tq read: "-~n act making a~ ll-PPJ"Opnation to atd m defray- of the Senate to the bill of the House (H. R. No. 3962) to provide ~g the expe~s~ of ~~ I)istr~ct of Qolt~.J~bia.l' · means to defray the expenses of the District of Columbia until De- Mr. REAGAN. Is this a bill to p~y t4e inte;re&t OJ+ t4-o Q.el}t ot the cember 1, 1876, and asked a conf0rence on the disagreeing votes of District of Columbia' t4e two Houses thereon. 1876. CONGRESSIONAL RECORD-HOUSE. 5539 Mr. WilLARD. I have just come into the House and did not know the bill to the Committee on Appropriations, there were-ayes 107, ..that this subject was to be cn.lled up. noes 45. Mr. RANDALL. I did not know when it was called up yesterday. Mr. WILLARD called for tellers. Mr. WILLARD. This bill originally came from the Committee for Tellers were ordered; and ~1r. RANDALL and Mr. WILLARD were the District of Columbia. \ · appointed. The SPEAKER pro tempore. It is too late now for any further dis- The Honse divided; and the tellers reported-ayes 86, noes 45. cussion except by unanimous consent, the main question having been So the motion of · ?rir. R.ANDALL was agreed to. ordered. Mr. RANDALL moved to reconsider the vote just taken; and also Mr. WILLARD. I hope the motion to reconsider will be voted moved that the motion to reconsider be laid on the table. down. The latter motion was n.greed to. · Mr. RANDALL. We will see whether ~it will be voted down or RE·ll\fBURSEMENT OF BALTIMORE MUNICIPAL AUTHORITIES. not. Mr. THOMAS. I ask unanimous consent to have taken from the The question was taken on the motion to reconsider; and upon a diyjsion there were-ayes 104, noes 24. Private Calendar n.nd passed the bill (H. R. No. 2690) to refund to Mr. PAGE. No quorum has voted. the mayor and city council of Baltimore certain moneys illegally as- The SPEAKER pro tempm-e. Is a further count demanded f sessed and collected for internal-revenue tax. Mr. KASSON. I hope no further count will be demanded. Mr. CONGER. I object. Mr. PAGE. I withdraw the point that no quorum voted. JOHN J, ANDERSON. No further count being asked, the motion to reconsider was declared Mr. STONE. I ask unanimous consent to have taken from the to be carried. Private Calendar for consideration now the bill tS. No. 628) for the Mr. RANDALL. I now move that the bill, with the Senate amend- relief of John J. Anderson, surviving copartner of the firm of Ander- ments thereto, be refeiTed to the Committee on Appropriations. son & White. Mr. KASSON. I ask consent that the gentleman from Michigan, Mr. BAKER, of Indiana. I object. [Mr. WILLARn,] the chairman of the House committee of conference Mr. STONE. I ask the House to indulge me a moment while I on this bill and a member of the Committee for the District of Co- make a statement. lumbia from which the bill was originally reported, be allowed to The SPEAKER pro ternpm·e. Objection is made. make a statement before the vote is taken. INVESTIGATION OF SOLDIERS' HOMES. The SPEAKER pro tempore. That requires unanimous consent, the Mr. THORNBURGH. I ask unanimous consent to submit the fol· previous question now operating. lowing resolution: Mr. RANDALL. I have no obj~ction. Resolved, That t2,500 may be drawn from the contingent fund of the Honse on There being no objection, leave was accordingly granted. the order of the chairman of the Committee on Military Affairs to pay the neces· Mr. WILLARD. I desire simply to sa.y, in the first place, that this sary expenses of the investigation of the volunteer soldiers' homes ordered by the bill was originally reported from the Committee for the District of House. · Columbia, and provided that the commissioners of the District might Mr. Speaker, the resolntion adopted by the House yesterday failed anticipat.e by a loan, to be paid out of the revenues to be derived by to inclmle a provi ion for paying the expenses of this investigation. the taxes assessed under the tax bill passed by this Congress, the Mr. STONE. If this resolution requires unanimous consent, I ob- amount necessary to pay the expenses of the government of this Dis- ject. · trict until December 1, 1876. Mr. THORNBURGH. I did not object to the gentleman's request The bill having passed the House went to the Senate, and was sent fo1· unanimous consent. back to us with a Senate amendment. As a matter of course, I as well STOCKBRIDGE A.l."'lD MUNSEE INDIAN.S. as the other members of the Committee for the Disti·ict of Columbia supposed that the bill properly belonged to our committee, and I Mr. CATE. I ask unanimous consent to have taken up and put on therefore asked unanimous consent last evening to have the bill taken its pa1iSaO"e now a bill reported from the Committee on Indian Affairs from the Speaker's table so that a. conference might be had on the entitled ?.A bill ~H. R. No,4086) for the relief of the Stockbridge and disagreeing votes of the two Houses. The conference committee has Munsee tribes of Indians in the State of Wisconsin." been appointed on the part of the Honse and also on the part of the Mr. STONE. I object. Senate, and just now, while this conference committee was in session, INDIAN APPROPRIATION BILL. I learned that there was an effort made in the House to take the bill Mr. RANDALL. I ask that-the me.ssage from the Senate in regard from that conference committee and refer it to the Committee on to the action of that body on the Indian appropriation bill be read. Appropriations. · The Senn.te has non-concurred in the report of the conference commit· Mr. RANDALL. I made that motion, and the gentleman knows tee on that bill. · it. He went to the Clerk's desk and found out the fact. The Clerk read as follows: Mr. WILLARD. I knew that the motion was entered, but I did ~ THE SENATE OF THE UNITED STATES, not suppose that it was to be acted ·on. Furthermore, I wish to raise .August 11, 1876. this point of order--- Resolved, 'that the Senate disagree to the report of the committee of conference Mr. RANDALL. Too late. on the disagreeing votes of the two Houses on the bill (II. R. No. 3478) making ap- Mr. WILLARD. I raise the•point of order that the bill was prop- propriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending erly in the possession of the Senate, not of the House, as the Senate June 30, 1877, and for other purposes, and ask a further conference with the House was the body that agreed to the conference. The bill, as I supposed, on the disaareeing votes of the two Houses thereon. belonged properly to the Senate; and I expected that it would be Ordered, 'That Mr. WINDOM, Mr. LoGAN, and Mr. KERNAN be the conferee.s on· found there. When the chairman of the Committee on Appropria- the part of the Senate. tions of the Senate sought to find the bill which he supposed was on . Mr. RANDALL. I (l.esire to state that there is but a single diffi. the t.able of the President pro tempore, he found it had been sent over . culty about this bill, and that is not of much importance. If a ·new to, this Rouse improperly. committee be appointed a conclusion will be reached almost imme- Mr. R..ANDALL. It came over here properly; and in the haste-- diately. I move that the House further insist on its disagreement to Mr. HOAR. I call the gentleman from Pennsylvania [Mr. RAN- tho amendments and a.gree· to the further conference a~ked by the DALL] to order. Senate. Mr.· WILLARD. I hope that under these circumstances the Hou~e The motion was agreed to. will not send this bill to the Committee on Appropriations, where it The SPEAKER pro tempore announced the appointment of Mr. RAN- does not properly belong. . DALL, Mr. ScALEs, and Mr. HURLBUT as conferees on the part of the Mr. RANDALL. This bill originated, as the gentleman states, in House. the Committee for the District of Columbia; but he will remember LEAVE TO PRINT. distinctly that he wa,s in conference with the Committee on Appro- :Mr. HER.EFORD, by unanimous consent, was gra.nted leave to print priations as to the manner in which this allowance should be made in the RECORD as part of the debates some remarks which he had to the District, and that the Committee on Appropriations only gave prepared on the subject of the extravagance and corruption of the their assent to it in the form in which it was originally passed. He aqministration. [See Appendix.] · will further remember that yesterday afternoon, before he made his Mr. SPENCER, by unanimous consent, was granted leave to print .. motion to take the bill from the Speaker's table, he was in confer- in the RECORD as part of the debates some remarks which he had ence with me, and that I did not assent to his proposition at all. .Mr. WILLARD. I did not understand that the gentleman dis- prepared on the condition of the country. [See Appendix.] sented from the proposition to have the bill go to a conference c0m- SUNDRY CIVIL APPROPRIATION BILL. mittee. Mr. TOWNSEND, of Pennsylvania. } demand the regular order Mr. RANDALL. I told the gentleman iu that conversation that we of business. could not give any more money to the District ; did I not f The SPEAKER pro ternpore. 'The regular order of business has Mr. \VILLARD. I did not suppose there was any objection to hav- been demanded, and the House now resumes the consideration of the ing the b.ill go t o a conference committee. motion made by the gentleman from Maine [.Mr. HALE] on Thursday Mr. RaNDALL. The whole character of the bill has been changed; last to reconsider the vote by which the message of the President of it is now made an appropriation bill and embraces an entire plan of the United States accompanying the sun4t'y ciyil ~ppropri~tion bill appropriations for the District. was referred to the Committee on ~ppropriatioJ1S anQ. ordered to be The question being taken on the motion of Mr. RANDALL to refer print~. ':!'~e ~entlell!~ 4'o1Il l\lississippi [Mr. LYNOH] is entitle~ 5540 . CONGR.ESSIONAL REGORD-.HOUSE. AUGUST 12, to the :floor for thirty ll}inutes, the remaining portion of the hour of including in its membership as it does not les.-, than one-fifth and pos- the gentleman from Peru1sylvanja, [Mr. ToWNSEND.] sibly more of the ex-confederate solrlicrs in the State; this party as .Mr. FORT. I rise to make a report from the Committee of .Ac- thus or~anized includes in its membership a majority of not le."s counts. than thirty thousand of iJle qualified voters of that State. It was ·o The SPEAKER pro tempore. This is a motion to reconsider and is 2trong, so powerful, so overwhelming in numbers that nothing slwrt privileged, and a report from the_ Committee of .Accounts is not of of organized terrori~:~m and armed violence, such as was unfortunately higher privilege so as to supersede it. resorted to by the democratic party· of that State last year, could Mr. LYNCH. On Saturday last I asked the House to allow me an crush it out of existence or defeat it at the polls. extension of time beyond the thirt y minutes so kindly yielded to me I may be pardoned, Mr. Speaker, for remarking here that the white by the gentleman from Pennsylvania, but objection was made by men who are identitied with the republicau party of the State of the gentleman from Missouri, [Mr. BLAND.] . I understand that he Mississippi, not northern men merely but southern men, ex-confeder- does not now insist on his objection. I therefore ask unanimous con- ates, represent a large perceutage of the wealth, the intelligence, and sent of the House that my time shall be extended thirty minutes, so t.he moral worth of the white p~ople of that State. They are as a I may occupy the floor for one hour. class men who wonld be accepted in any commtmity as high-toned, The SPEAKER pro tempore. The Chair hears no objection, and the honest, honorable citizens and valuable memuers of society. They time of the ~entleman is extended fur thirty minutes. are as a class men whom the flemocmcy in former days delighterl to Mr. LYNCH. .Mr. Speaker, I am very grateful to the House for its honor with the highest positions in the gift of the people of tho courtesy in allowing me to occnpy the floor for an hour. It is not State. They are admitted to be men of character, men of ability, my purpose to reply to the speech which was made by my colleague men of standing and of unquestionable reputation. None of ruy dem- from the fifth district, [Mr. HOOKER,] bnt to reply to some of the ocratic colleagues, I venture to assert, will deny this; for they know poiats which were so ably and so eloquently presented by my col- it to be true. Consequently, Mr. Speaker, this is why we have placed league from the first district, [.Mr. LAMAR.] It is not my purpose, ourselves upon this broad, liberal, and conservative platform in ad- however, to refer to the fir t part of his speech, as I have n~ disposi- dition to the fact that the colored people are particularly desirou~ of tion or inclination to discuss the theory of our Government, the con- showing to their white brethren that they have no disposition to op- stitutional limitations of power, the propriety or lmpropriety of Fed- press them or deprive them of a single right they claim for themselves. eral interference in the domestic affairs of a State. I saall endeavor I will now refer to some of the points made by my honorable col- to confine myself to what I believe to be the living issues of to-day- league. In giving his rensons for the. present unfortunate condition those which are now agitating the public mind. of affairs at the South, there was one remark made by him that Now, sir, the political status of the colored race of this country is touched my sensitive feeling. .And that·was the comparison, appar- in some respects an unfortunate one. In my humble judgment it is enly at least, of the colored people·with the Mongolian race, that has unfortunate that the status of that race is necessarily made the sub- been imported from China to .America. It is certainly known by ject of political discussion. I had hoped that after the last three southern as well as northern men that the colored people of this amendments to the Constitution had been ratified, and .t he colored country are thoronghly .American; born and raised upon .American people invested with all of their rights, civil and political, so far as soil and under the influence of .American institutions ; not .American constitutional declarations and statutory enactments could fix them, citizens by adoption, but by birth; worshiping the same God that the that all political parties would acquiesce in these results to such an white men worship; identified with the same-religions denominations extent as to remove from the politics of the country this race qnes- that the white race is identified with; imbued with every sentiment t.ion. I had hoped that the elevation, the ail vanceruen t, and the pro- of love of country, devotion to the Constitution, and loyalty to the tect1on of this race would be the aim, the object, and the aspiration of :flag·that the white ra-ce is imbued with; identified in every conceiva- . all political parties. This race issue will not be removed from the ble partricular with .American institutions and with .American liberty. politics of the country, in my judgment, until that is done, and that For my honorable colleague, unwittingly as I believe, to compa1·e it should be done I believe every honest man must admit. this race with the untutored, the uncivilized, the unchristianized, and Before proceeding to answer the points which were so forcibly the un-.A.mericanized Mongolian, that has been imported from China made by my colleague from the first district, I hope I will be par- to .America, was unjust, ungenerous, and unfair. I do not wish to be doned for digressing a little, for the purpose of explninin~ to the understood as detracting any thing from that great and powerful House and the country why it is that the colored people in tne State race, but it is known that they are not .American; and that cannot l>e of Mississippi are in favor of general amnesty. I have been desirous said of the colored race, for they are. of making a remark or two on this point ever since the amnesty de- RECONSTRUCTION. bates of last winter, but have not had an opportunity to do so. Aa Now, sfr, Jet me say something with regard to the policy of recon- this question has a rlirect bearing on the southern situation, I pre- struction. It will be remembered by those who heard the spe ch of sume it will not be inappropriate for me to do so now. my colleague that he made the remark that the reconstruction policy .After the passage of the reconstruction acts by Congress conferring of the Government was the foundation of all of the political evils at upon the colored people the right to vote, we found ourselves in a the South; that that was the foundation of the color-line in politics, very peculiar position. The voting population of the South was com- because the reconstruction policy of the Government enfranchised posed of three distinct elements: the ex-confederate soldiers and those the colored men and disfranchised the white men; and that therefore who sympathized with them, the ex-Federal soldiers who had con- there was a gulf between the two raees, and that was the can e of cluded to locate at the South, and the colored race. These elements the race struggles of the South and all the evils of which we com- have been, and were at that time, politically antagonistic to each plain. Before answering that argument let us see what are the log- other. The colored men could not be expected to identify t.hemselves ical deductions to be drawn from it. If it be true, as he asserted, with any other than the republican party, and yet they could not fail that the enfranchisement of the colored men at the South was the to see ancl realize the fact that that party, tOt have a permanent ex- cause of all of our troubles tbere, it seems to me that we can draw no istence and a firm and solid foundation, must include in its member- other deduction from that argument (if there is anything in it) than ship a large percentage of the wealth and the intelligence of the State, that the only eft'ectual remedy is to remove the cause ; that you can- some of those who fought on the side of the confederacy. not remove it unless yon disfranchise them and remand them back How to bring the repnulican part-y into existence in that State upon to their former condition. That seems to me to be the logical declnc- such a basis as would render po siule a harmonious union of these tion to be drawn from the argument, though he did not say so, and I conflicting elements and at the same time be in harmony with the do not wish to be understood as placing him in the attitude of advo- great repuulican party of the Union, was t.be task we bad before us. cating that proposition. I am merely stating what seems to me the To make this nnion possible, th~ colored men very gene1·ously and only conclusion to be arrived at as the logical result of the argument. magnanimously, traits for which I presume all will admit they are Let ns inquire whether there is anything in that view of the case. particularly characterizet.l, declared iu language which could not be I take issne with my honorable colleague in that respect, aDd will misunderstood that if those who had fought and upheld the ' 4 lost endeavor to show by referring to my own State that he is entirelf cause" would renounce all a.llegil.tnce to t.hat cause, annonnce it as mistaken. Why, sir, my colleague seems to have forgotten that in their determination to staud by and defend the Union, and concede the State of Mississippi we have never had any serious troubles be- to the colored men every right an£1 privilege they claimed for them- tween the two races since the re-admission of that State into the selves-in other words, identify themselves with the great republican Union until the latter part of 1874 and during the campaign of 1875. party-if they would do this, that they, the colored men, would sup- UJ'ltil then we never had any serious troubles whatever. The two port them just as heartily, just as earnestly, and just as enthusias- races got along well together and never had any serious difficulty of tically as they would support those who fought for the cause of the any 'kiud, the democratic party sometimes putting colored men on Union; and .to give emphasis to this declaration they were willing their own ticket. If, then, the enfranchisement of the colored men to incorporate in the pL'ttform of t.he repub)ican pa.rty of that State, was the cause of all the troubles in the South, is it not 1-emarkably and did incorporate, a plank pledging the party to this dqctrine of strange that it took the democratic party from five to eight years to equal rights for every man and amnesty fo1· the late rebels. find it out' Is it not remarkably strange that we could get along so This was done. Upon this platform the republican party of Mis- well together for five or eight years without fi.ndin~ out that the in- sissippi was brought into existence; and I st.and upon the floor of the corporation of the colored element into the body-politic was the cause House of Representatives to-day for the purpose of declaring what of our difficulties? No, sir; I will tell you what was the Cai{H;e. The J know to be true, that this party as thus organized, including in its democratic victories at the North in 1874 so encouraged and exas- m.e mbership as it does not less than nineteen-twentieths of the col- perated the lawless and turbulent elements at the South as to give- ored men of the South; including in its mambership as it does not them the entire control of the party machinery in the democratfc less than nineteen-twent~t+t& o~ th~ e*~federaJ so~diefS l.n t:q.~ S~a~; partr. That was the cause of it. 1876. CONGRESSIONAL RECORD-HOUSE. 5541 The democratic victories at the North so strengthened this element them, but I will give a skeleton of some of them. He was impea.ched of lawlessness as to give them power to control the democratic organ- iu one article for failing to remove a man from office who in tho ization and to shape its policy; and therefore the color line was judgment of the Legislature ought to have been removed. In an- drawn in politics, not because the colored men first drew it, as is other article be was impeached for failing to remove a man who in sometimes charged, but because this element felt that they would be the judgment of the Legislature ought to have been removed. snstained by the public sentiment of the country in resorting to violent He was impeached in anothel'- article because he called on the mea ures for the purpose of accomplishing what they could not accom- President of the United States for troops to put down what he be- plish by peaceful ·means. The incorporation of the coloref bad government, heavy taxes, and dishonest 1'{ow let me say, in conclusion, that I am satisfied, I am convinced, officials. I have asserted on this floor more than once that this can- that the public sentiment of tho people of this country is sufficiently not be truthfully saiq. of Mississippi. I did not make groundless as- aroused now to see the danger we are in. I am satisfied that the peo- sertions and empty declarations, but presented facts ancl figmes to ple of this country are beginning to-realize the importance of the sit- substantiate what I said. Not one of my democratic colleagues has uation we are in. I am satisfied that when these questions are known, denied or can deny my position on this question. In that State there when they are fully understood, the people will be determined to rise was no occasion whatever for the inauguration of violent IO.easures in their might and declare in language which cannot be misunder- on the ground that bad, incompetent, or dishonest men had control of stood that this great, grand, glorious Republic must and shall be the government. preserved. INEFFICmNCY OF STATE GOVERNMENTS. Mr. Speaker, it is no pleasure for me to be compelled to admit the One other point which has been made very forcibly is the inefficiency violence which exists in my own State. I would be happy if I coulcl of republican State governments at the South. It is very often said say truthfully thn,t such is not the case. It gives me no pleasure to that· we have violence only in the States under rep~1blican rule. be compelled to acknowledge perfect toleration of opinion does not Without admitting that there is any foundation for this statement, . exist in the State of Mi!:!Sissippi. I have friends there on both sides. (for it is not altogether true,) I say that admitting it for the sake of My home is there. l\Iy interests are there. My relatives are there; argument, what does it prove Y It proves that the democrats will and I want to see the State prosperous and happy. obey the laws only when made and enforced by men of their own I want tt> see perfect toleration of opinion everywhere, and espe- choice, while republicans will obey the laws whether they are made cially in the State where I live. I am anxious for that to be the and enforced by men of their own choice or by democrats. Let us case, and nothing would give more pleasure than to be able to de- admit that violence exists only in republican localities; why is it so f clare on the floor of tho House of Representatives that perfect toler- Simply because democrats say, "Let us have the government and we ation of opinion iB allowed to all cla ses. The fact that I am com- will obey the laws; if you do not, we will not." That is precisely the pelled to acknowledge that such is not the case in many counties in argument upon wbioh the rebellion was inau~urated. the State fills me with pain, mortification, and regret, for I want to I presume no gentleman in this Hall who 1s familiar with the his- see the two races living in harmony aml in peace, and friendly re- tory of our Government will deny foi- a moment that bad Fremont lations existin~ between both parties. That is the object of my as- been elected President instead of Buchanan in 1856, the war would piration, and It is what I hope the better judgment of the whole have been inaugurated four years sooner than it was. And I pre- body of the people of that State will see is for the ~eneral goou. sume no one familiar with our history will deny that had Breckin- For I can realize the fact that since the State of Mississippi ha8 been ridge, or even Douglas, been elected in 1860 instead of Lincoln, the in its present condition of turmoil our commerce bas been practically .war would have bet}n postponed at lea~t four years later. destroyed~ the friendly relations between the two races arrested, ern· 1876. CONGRESSIONAL RECORD-HOUSE. 5543 igration to the State retarded, and the State itself almost in a disor- mocracyof theNorth. But there is one thing that has not been satis- - ganized condition, with a lawless class controlling it to a great ex- factorily explained by any gentleman ou this floor, and that is that tent. those difficult ies have occurred in every State of the South as long as [Here the hammer fell.] they were under repuhlican rule, and whenever a State of the Sonth Mr. LYNCH. I should like to have two minutes more. passes into democratic hands you hear of no more difficulty there ite- Mr. RANDALL. Better say five. tween the white and the colored people. The trouble subsides at Mr. LYNCH. I do not want more than two minntes. once. We are reliably informed that the election in Alabama passed There being no objection, Mr. LYNcn's time was extended. off quietly. The trouble is now confined to Louisiana, South Carolina, Mr. LYNCH. Iri conclusion let me warn the House and the coun- and to Florida, States that are controlled by the republican party. a try, not with any feeling of malice, not with any feeling of hatred, Why is this t Why is it that the difficulties are alone in the States for I have none, that if you expect to preserve the constitutional lib- controlled by the republicans! .Mr. Speaker, if the colored men of the erties of the people as well as to uphold the perpetuity of republican South desire peace and quiet, it would seem they should desire tho institutions you must see to it that lawlessness is crushed out at the control of their States to pass into the hands of tho democratic party. South. I say to t.he northern democrats, you must see to it, with my I can only acccount for this in one way; and that is, t.he democratic boi;lorable friend from New York, [Mr. LoRD,] tbatyourpartystands officials in the Sooth see that the laws are executed, and that lawless upon the platform which that gentleman made in the resolutions in- men cannot impose upon colored men witllont being brought to the troduced here yesterday to crush out mob law and violence at the bar of justice ; while in States controlled by repnblicans of the South South, whether proceeding from political friends or from political they are willing to see the blood of the colored ma.n shed to manufact- enemies. I£ the democratic party has a legitimate majority in the ure political capital for the benefit of their party in the North. State of Mississippi or any other State, it is entitled to the vote of that My object, Mr. Speaker, in speaking upon this occasion was not to State and ought to have it. If the republican party has a legitimate reply to the remarks made by the gentleman from Mississippi, [Mr. majority in that State or in any other State, it is entitled to the vote LYNCH,] bnt to reply to the gentleman from Ohio [Mr. GARFIELD] of that State and ought to have .it. This is what honest men of all and the gentleman from Pennsylvania [Mr. TOWNSEND] on the ques- parties ought to be willing to say. And now, sir, I am satisfied that tion of the remonetization of silver. The honorable gentleman from the people of this great Republic, realizing the necessities of the sit- Pennsylvania in a speech some days ago deciared "that there never uation, will see to it that this grand and glorious Union of ours must, wa,s a government that has been able to regulate the market price shall, and will be preserved. [Applause.] between the two coius, gold and silver; that it has been found to be Mr. LANDERS, of Indiana, rose. an impossibility; that their value fluctuates as does that of any other ISSUE OF ARTIFICIAL LnffiS. commodity." I agree with the gentleman. I agree that a govern- ment bas never been able to properly regulate the Yalue of these Mr. RUSK. I rise to present the report of a committee of confer- coins; but I want the gentleman to think upon one question, and that ence. • • is, has the Government any more power to reguln.te one than both f The Clerk read as fol1ows : It is admitted by the gentleman from Pennsylvania that those metals The committee of conference on the disagTeeing votes of the two Houl'les on the are not standards of valne; but the different nations having adopted amendments of the Senate to the bill (H. R. No. 1516) to regulate the issue of arti- tham as money and fixed a value on them in payment of honest debts, . ficial limbs to disabled soldiers, seamen~ and others, having met, after full and free conference have agreed to recommena, and do recommend, to their respective has done much to give them uniform value. Houses as follows : · I maintain that it is far more practicable to regulate the value of The llonse concurs in the first and second amendment.'! of the Senate, as follows : both than of one. If you have two metals performing the same office, In line 1 strike out "persons" and insert "otfiuer, soldier, seaman, and marine." In line 5, after" application," insert "or commutation therefor, as provided :111d whenever there is a demand for one of them or there is a scarcity of limited by existing laws.l' one of them by the demands from foreign countries, the other will The House concurs also in tho proviso added to the end of the bill with an amend- perform the office of the one in demand. A double standard is self- ment, in erting the word" not" between the words " shall" and "be" in the first regulating, while if you have but one stan.at minister once said that there were two things in human nature whicb the RECORD made in rega,rd to this great measure of restoring silver when united always made iniquity complete. One was the desire to do a disbonora- and giving it a legal-tender quality, a great measure in the interest ble thing ancl the other was the .opportunity to do it. of the people as against a few moneyed corporations and the bondhold- It was most unfortunate that the opportunity was presented to the ers of the country; when I saw the manner in which this question honorable gentleman from Ohio in 1873, and it is more to be regretted was treated by him, I felt it due to me and to the people I represent that the opportunity found him filled with the desi1·e. and to the one hundred and ten Representatives who cast their votes :Mr. Speaker, can you picture in your mind the warm greeting that for that mea-sure that he should be replied to .before this session Representati?J-es of the people met with at the festive board of the closes. scheming bondholders, after having sold out the rights of their con- I am now satisfied that this subject is not to be settlen this ses- stituents, or rather legislated them away f Many healths were no sion. I am satisfied that the bondholding interest here will filibuster doubt drank to the honorable gentleman from Ohio for his ~eat liber- this measure over to the next session. But I want those gentlemen ality and generosity in seeing that they were to be paid m " honest to unflen~tand that this question is only put off. The people will set- money," seeing as they did that silver was soon to become dishonest tle the matter between now and the next meeting of Congress, anG. I money, as dishonest legislation had been enaeted against it. The venture to say that at a very early day in the next session this meas- bondholders and gold-brokers no doubt exclaimed, "Gold will now ure will be carried by a large majority. We propose to establish in advance, and we will receive our pay in it, !J>nd alL this due to the this country the right of the people, not by taking from any individ- generosity of the gentleman from Ohio and others. Drink them ual or class of men any rights that belong to them, but to take from down ! " 0, there was no solemnity there. them rights which they have unlawfully taken from others and restore If we are to be lectured upon the high nwral grounds taken by the them to whom they belong. . honorable gentleman, I hope it will be done by some one who was not I desire now to refer to some remarks made by the honorable gen- the ad vocate of every measure that has been concocted in this House tleman from Ohio [Mr. GARFIELD] in his speech upon this subject for the past ten years to filch from and rob the people, and still some time since. champion such jobs as "solemn pleuges." Mr. Speaker, I quote from the honorable gentleman from Ohio, [:Mr. Mr. Sptiaker, there are but few members here who supporteti the GARFIELD:] "In 1873 we adopted a device to preserve the constancy iniquitous le~islation of 1869, which increased the obligations of the of the value of the dollar." If the gentleman had omitted the de, debtor class ny changing the payment from paper to coin, more t.han and said we adopted a 11ice, he would have fairly expressed the law of $400,000,000 on the public debt alone. The fraud of 1873 demonetiz- 1873, for no more vicious legislation was ever before devised aud en- ing silver affects all debts, public and private, and is far more reach- acted. It was not ~one, as the gentleman says, to "preserve the dol- ing in its effect. The Government debt is but little over two bill- lar," but to destroy 1t. It was not done, as the gentleman says, "be- ions, while State, municipal, and individual debts amount to more cause Congress saw that it would be difficult to preserve the dollar," than ten billion. It ill becomes that few to lecture this House or at but because a set of men congregated on Wall street (calling them- this time to stand by those fraudulent acts on" moral" grounds. selves brokers, and properly so, because they b1·eak everybody with Some weeks ago a resolution was introduced by the gentleman from whom they come in contact) saw that without such legislative action Ohio [Mr. PoPPLETON] asking that a committee of investigation be their business of gantbling would be gone; therefore they sought to appointed ancl charging that corrupt means were resorted to to·pass impose up8n such members of Congrees as the honorable gentleman the act of 1869, and that no less than $5,000,000 bad been paid out to from Ohio, and humbugged him and others into this most villainous secnre the "solemn pledge" spoken of by the honorable gentleman from legislation. In all of my career in both private and public. life I have Ohio, [Mr. GARFIELD,] and if I mistake not the hon'o rable gentleman never known any proposition containing so many of the" essential opposed the passa(J'e of that resolution. elements of rascality and colossal swindling" as this demonetizing Mr. TOWNSEND, of Pennsylvania. Will my friend from Indiana act of 1873. [!t1r. LANDERS] allow me to ask him a question t The honorable gentleman from Ohio introduced the subject of Mr. LANDERS, of Indiana. Certainly. equivalents from the law of 1869; it is manifest that he is not as igno- Mr. TOWNtiEND, of Pennsylvania. Did I understand the gentle- rant upon that subject as upon the act demonetizing silver, at least man to say that the act of 1tl73 retired one-half of the coin of this be was wi~:~e enough to stop reading from that act just at tho point country t which allowed him to plaee his own construction on it, a construction, · Mr. LANDERS, of Indiana. I was illustrating a case. I say that, I will venture to assert, few other members of this House could be according to t.he beat information we have, silv.er constitutes about found to indorse. The sentence which he refused to read explained one-half of the world's money. Our silver bullion is much greater the meaning of the words "coin and equivalent;" coin meant gold than our gold bullion, at least twice a-s great. and silver and the equivalent their equivalent. Mr. TOWNSEND, of Pennsylvania. Will the gentleman inform But the gentleman was wise enough to have the whole senwnce me how much has been coined by our Mint during itt:~ existence of printed in the RECORD when detected in his effort at special pleading gold and silver f upon the topic of eqnivalency. The truth is the gentleman has by Mr. LANDERS, of Indiana. I know that that is a point taken by his own presentation of this question destroyed his whole argument. some gentlemen. I know that they urge that only about eight mill- He says" he denies the principle of equivalency." Who proposes to ion silver dollars have been coined. pay in this silver coin T It is he.who" denies the principle of equiva- Mr. TOWNSEND, of Pennsylvania. That is so. lency," for the bw says gold and silver coin, which mettns either of Mr. LANDERS, of Indiana. I uuderstand that very well. But I them. The equivalency attaches to pap!w if offered in payment, and wish to say that this country, until latterly, was not a silver-produc- not to either of the metals. This is the plain construct.ion of the law, ing country. During the first years of the existence of this Govern- and he is the first to give to the law any other interpretation and ment we obtained our silver from other countries. Now we are a should be the last to thus interpret it. It is too absurd to be again great silver-producing country. In 1873 this Congress sought to repeated. undervalue its own production. The gentleman from Ohio said, some one has said, " that there is Mr. TOWNSEND, of Pennsylvania. I want to r~mind the gentle- an innate desire in the human mind to get a chance to cheat somebody." man of the fact that from the organization of the Mint up to 1873, If this House desire8 proof of the honorable gentleman's quotation, I when this act was passed, the coinage of gold amounted to $816,000- would refer yon to his efforts in seeming the passage of tho law of 000, while the coinage of silver waa only about $145,000,000. Conse- 1873, demonetizing silver. This act deprives all the debtor class of quently if silver was demonetized by the a.ct of 1873, it constituted this country of the option of offering silver in payment. That option but a small proportion of the metallic currency of this country. to-day would be worth more than $1,000,000 to the debtor class. This Mr. LAl~DERS, of Indiana. Will the gentleman also inform the was no small '~cheat." House that in the early days of the Republic we had an immense And it appears the gentlema.n was not entirely ignorant of the amount of silver coin that was of Spanish and Mexican coinage, and effect of this act, for he says, "that Congress foresaw a difficulty that silver waso worth more th:m gold. We had but little bullion to ahead (he was in Congress at the time) and passed a law to guard coin ourselves. · ~gainst it." . Mr. TOWNSEND, of Pennsylvania. I know that for the first few This di~culty was just what we now seek to retnedy; the cheapen- years we had not. But we began to coin t.he silver dolla.r in 1849, and 1876. CO:NGRESSIONAL RECORD-HOUSE. 5545 from that time we had our own silver dollar, and the number of silver resolution wa.s passed; and also moved that the motion to reconsider dollars coinecl at onr mints amounts to only about $8,000,000. I de- be laid on the table. sire to ask the gentleman another question. He contends that the The latter motion was agreed to. wonl'' coin" in tbe act.of 1 59 in cludes both gold and silver. I want LEAVE TO PRL"IT. to inquire of him whet her it includes copper and nickel, and whether or not he would contend that t.he interest on the public debt could be M.r. MAISH, by nnanimons consent, obtained leave to have pub- paid in-subsidiary silver cQ.in and in coppers and nickels' lished in the RECORD remarks on Pennsylvania border claims. [See Mr. LANDERS, of Indiana. I will give the gentleman the inter- Appendix.] preta.tion of the word coin as made by Chief Justice Chase. In de- ll\IPEACHMENT OF WILLIA:\-f W. BELKNAP. ciding a case that came from New York to tho Supreme Court Chief Mr. Mcl\.1AHON, by unanimous consent, introduced a bill (H.R.No. Justice Chase said that we had two kinds of dollars; that we had the 4090) to publish the proceedings in the impeachment of William W. coin dollar composed of a piece of gold or silver of a certain degree of Belknap ; which was read a first and second time, and referred to the weight and fineness, and a paper dollar. Is that satisfactory to the Committee on Printing. gentleman? REMOVAL OF DISTRICT JAIL. :Mr. TOWNSEND, of Pennsylvania. I know that. But I want to know if the gentleman goe:; further and centends that the nickels and Mr. HOLMAN. In order that. the conference asked by the Senate coppers, which are also coin, should be receivable in payment of pub- may be agreed to, I ask the House to take up the bill (S. No. 842) au- lic dues f thorizing the commissioners of the District of Columbia to remove the Mr. FORT. To the extent that they are legal tender, of co'drse they jail ou Judicia.ry Square to grounds near the Washington Asylum, for should be. the nse of the District. This is a local affair. I move that the House Mr. LANDERS, of Indiana. The gentleman will understand that insist upon its amendments and agree to the conference asked by the coppers and nickels are not known in the Constitution at all, and are Senate. not coins as defined in the Constitution. It is merely trifling with The motion was n,greed to. this question to raise that :aoint. The SPEAKER pro tempore announced the appointment of Mr. HOL- MAN, :Mr. YOUNG, and Mr. KIMBALL as the conferees on the part of ORDER OF BUSINESS. the House. Mr. RANDALL. I rise for the purpose of submitting a report from ENROLLED BILLS SIG~"ED. the committee of conference on the disagreeing votes of the two Mr. HAMILTON, of Indiana, from the Committee on Enrolled Bills, Houses on the legislative, judicifll, and executive appropriation bill. reportefl t.hat the committee hatl examined and found truly enrolled Mr. CLARK, of Missouri. I a'mr the gentleman to yield to me for bi.l.hl of the following titles; when the Speaker pro tempore signed a moment. the same: Mr. RANDALL. If it does not take too much time. An act(H.R.No.1089) granting a 'pension toThomasi.Fox,lateapri- POST-ROUTE BILL. vate of Company C, Fifty-second Regiment Pennsylvania Volunteers; Mr. CLARK, of Missoari. I ask unanimous consent to take from An act (H. R. No. 3022) making appropriations for the construction, the Speaker's table House bill No. 362-' establishing po:;t-roads, with repair, preservation, ancl completion of certain public works on rivers the Benate amendments thereto, and to have them referred to the and harbors, and for other purposes ; Committee on the Post-Office and Pos~-Roads. AB the amendments of An act (H. R. No. 3359) making appropriations for the payment of the Senate contain an appropriation, we propose to confer with the claims reported allowed by the commissioners of claims under the Committee on Appropriations on that subject. act of Congress of March 3, 1871, and for other purposes; No_objection was made; and the bill, with the Senate amendments, An act (H. R. No. 337 4) for the relief of Harry E. Eastman, late lieu- was taken from the Speaker's table, and referred to the Committee on tenant-colonel Second Regiment Wisconsin Cavalry Volunteers; . the Post-Office and Post-Roads. An act (H. R. No. 3678) to change the name of the pleasure-yacht .Mr. RANDALL moved to reconsider the vote by which the bill and Lydia to tnat of Sylph; a~d amendments were referred to the Committee on the Post-Office and An act (H. R. No. 3849) for the relief of James W. Harvey and James Post- Roads; and also moved that the motion to reconsider be laid on Livesey, of the fum of Harvey & Livesey, of Wisconsin. the table. lir. POPPLETON, from the same committee, reported that the com- The latter motion was agreed to. mittee had examined and found truly enrolled bills of the follo,~g titles; when the Speaker pro tempote signed the same: REPORTS OF l'OSTl'!IASTER-GENERAL. An act (S. No. 846) to punish the counterfeiting of trade-mark :Mr. CLARK, of Missouri. I am instructed by the Committee on the goods and tl1e sale or dealing in of counterfeit trade-mark goods; · Post-Office and Post-Roads to report the resolution which I send to An act (S. No. 852) for the relief of Elisha E. Rice; the Clerk's desk for consideration at this time. An act (S. No. 944) for the relief of Gilderoy M. Hardy; The Clerk read rus follows: An act (8. No. 990) to remove the political disabilities of Reuben Resolved, That the annual reporta of tbe Polltmaster.GeneraJ, as required by sec- Davis, of .Mississippi; tion 413 of the Revised Statures, together with tho accompanying documents in re- An act (S. No. 1021) allowing the Pacific 1\Iail Steamship Company lation to contracts for carrying the Ina.ils, referred to the Committee on the Post- to carry the mails in their new iron steam-ships; Office and Post-Roads, be printed. An act (S. No. 1036) to provide for the printing and distribution Mr. CLARK, of Mi'ssouri. The papers referred to in this resolu- of the reports of the Commissioner of Agriculture for the years 1874 tion were some time ago referred to the Committee on the Post-Offioo and 1875; · and Post-Roads and are now in the committee-room. An act (H. R. No. 1713) for the relief of Berthold Loewenthal, of Mr. KASSON. They ha\Te not yet been printed f Chicago, illinois ; Mr. CLARK, of Missouri. They have not been, and this resolu- An act (H. R. No. 2271) to increase the pension of Mrs. Hannah W. tion is to direct their printing. ' Sumner, widow of Major-General Edwin V. Sumner; and No objection was made; and the resolution was adopted. An a{}t (H. R. No. 3209) to authorize the Commissioner of Indian Affairs to receive lands in payment of judgments to eastern band of PUBLICATION OF ARMY REGULATIONS. Cherokee Indians. Mr. RANDALL. I now yield for a moment to the gentlemanfrom LEGISLATIVE APPROPRIATION BILL. Ohio, [.Ur. BANNING.] Mr. ~ANNING. I ask unanimous consent that Senate joint reso- Mr. RANDALL. I submit the report which I send to the Clerk's lution No. 24, providing for the postponement of the publication of desk. the Army regulations, be taken from the Speaker's table and ac~d on The Clerk read as follows: now. The committee of conference on the disagreeing: votes of the two Honses on the amendments of the Senate to the bill (H R. No. ~571) making appropriations for The joint resolution was read, as follows: the legislative, executive, and judicial expenses of the G1>vernment for the year Whereas the President was, by act of Congress approved March 1, 1875, author- ending June 36, 1877, and for other purposes. having met, after full al'ld free con- ized to make and publish regulations for the government of the Army in a.ccord&nce ference haYe agreed ro recommend, and do recommend, to their respective Hou.ses w~th. existing laws; a.nd w~ereas by act of.Con!ITess approved July 24, 1876, a.com- as follows: JUlSSlOn was created, to which hns been referred' the whole subject-matter of reform That the Senate recede from its amendments numbered 70, 72, 73, 76,175,177,178, and re-organization of the Army of the United States: TherefClre, 181,182,205,215, 419,443,444,445,446, 460,519,545,553,554,559, 577, 581, 590, 591, 592, Resolved by the Senate and House of Representatives, rec., That the President be re- 593, 614, 617, 620, 623, 625, 632, 643, 703, 709, 710, 721, 722, 763, 764, 766, 776, 810 812, 912, quested to postpone all action in connection with tho publication of said regula- 915, 921, 922, and 944. tions until after the reptu't of aaid commission is received and acted on by Con!ITess ~l.'hat the House recede from ita disagreement to the a.mendment.s numbered 2, 3, at its next session. "' 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 11, 18, 19, 20, 2'2, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 54, 55, 56, 57, 58, 59, 60, Mr. BANNING. It is thought by those in charge of the publica- 61, 62, 63, 64, 65, 68, 69, 71, 78, 79, 80, 138,139,140, 141, 142, 143, 157, 159, 161, 162, 163, tion of these regulations that inasmuch as the commission ·on the re- 164, 165, 166, 167, 169, 170, 171, 172, 179, 180, 213, 214, 418, 422, 424, 425, 426, 427, organization of the Army will report at the next session of Congress, 428, 430, 450, 4::>7, 458, 461, 468, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 503, it will be best to postpone until that time the publication of the 505, 506, 507, 508, 509, 510,511, 512, 513, 514, 515, 516, 5lfl, 521, 522, 5'23, 524, 525, 526, ~my Regulations, as that report may make changes in those regnla- 527, 52il, 529, 530, 531, 532, 533, 5.'34, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 550, twns. 552, 555, 556, 558, 560, 561, 572, 573, 574, 575, 576, 589, 594, 609, 610, 616, 619, 631, 644, There being no objection, the joint resolution was taken from the 652, 654, 655, 697, 698, 699, 700, 701, 702. 70:J, 704, 706, 707, 711, 713, 714, 715, 71fl, 717, 718, 719, 720, 72~ 11 7~5, 726, i27, 728, 729, 730, 731, 759, 761, 762, 765, 767, 76 1 769, 710, Speaker's table, read three times, and passed. 771, 772, 773, 807, 809, 811, 812, 913, 914, 91i, 918,919, !J20, 936, 937, 938,' ' 940, 941, and Mr. BANNING moved to reconeider the vote by which the joint 942. 5546 CONGRESSIONAL RECORD-HOUSE. AUGUST 12, That the House recede from its disagreement to the amendment numbered 1, and a~eeto the same, with an amendment as follows: After the word" appropriated," I and 158, and agree to thl'\ Aame, with amendments as follows: In lieu of "nine" and "fourteen" insert respectively" seven" and "twelve;" and the Senate agree t.o where it occurs the second time in the enacting clause of the bill, insert "in full the same. · · compensation;" .and the Senate agree to tho same. That the Senate recede from its amendment numbered 160. and a;rroe to the That the House recede from its disagreement to the amendment numbered 21, text proposetl oo be stricken out, with an amendment as follows: Arld. at the ond and a!!Tee to the same, with an amendment as follows: Strike out, in lino 10, pa~e of t.he para~aph the following : "Provided. That not exceedin~ $600 of the fore- 2 of tfi'e bill, the words "two hundrerl and twenty" and insert in lieu thereof 1' five going appropl'iation may be a.pplicd in payment for fuel usod during the fiscal yoar hundred;" and the Senate agree to the same. ending June 30, 1876; and the House a,"Tee to the same. That the House recede from its disagreement to the amendment numbered 51, That the House recede from its disagreement to the amendment numbered 168, and agree to the same. with an amemlment as follows: After the word session, in anfl agree to the same, with an amendiDent as fOllows: Strike out 11 twenty-one" line 6, paue 3 of t.he bill, insert ("which worus 1 !luring the session' as used in this and insert " fift,een ;" and the Senate agree to the same. · act shall te held to mean four months;") and the Senate agree to the samo. That the Rouse recede from its disagreement to the amendment numbered 173 That the House recede from its disagreement to the amendment .numbere!l 52, anrl agree to the same, with an amendment aM follows: Strike out "three hundreJ anrl ~gree to the same, with an amendment as follows: Strike out "four thousand" and twenty" and insert in lieu thereof 11 two hundred;" and the Senate agree to and insert in lieu thereof "two thousand eight hun en in all, a.t $2,000 e:wh; distributing clerk, And the Senate a_!!ree to the same. $1,800; for stationery clerk, $1,500; one document olerk and one upholst~rerand lock- That t11e House recede from its rlisagraement to the amenrlments nnmbered 208 smith, $1,840 each; one chief n.essenger in the office of the Clerk of tho Houso and to 212, both inclusive, and a~ree to the sam•}, with an amendment as follows : one messonget· assisting librarian, at $1,440 each; book-keeper and four clerks, at Snbstitnte for 1he amoudell paragraph the.followin~: $::.,600 each; one engineer, $1,440; and two assistant engineers, at 1,200 each; ann "For contin:r,~nt expenses. namely: For fuel $10,000; for lights, $3,000; for re- all engineers and otners who are engaged in heating and ventilating tho IIouse shall pairs ~, 000; for care ancl subsistence of horses and repairs of \Va.!J;ons ancl harness. be subject to the orders of and in all respects under the direction of the Door· $i;1.500; and for miscellaneous items, not included in the foregoing, $3,125; in all keeper; for five firemen, at $900 each; one laborer, at $8'>..0; and four laborers, at ~HJ 625." $"120 each; one page, at $2.50 per day during tho session; antl one telegraph-oper- And. the· Senate agree to the same. ator at 8400; for clerk to the Committee of Ways and Means, 2,!'it'O; messenger to Tltat the Honse rececle from ib'l disa~eement to tho amendment numbered 216, the Committee of Ways and Means, $1,200; clerk to the Committee on Appropri- wilha.ri amellflment striking out the following on line 8, page l4, of the bill: "For ations, 2,500; messen~er to t.he Committee on Appropriations, 81,200; clerk to the purchase of oilicial post.a!!e-sta.mp . $20,000 ;"and the Senate agree to the eame. Committee of Claints, $2,100 J clerk to t.he Committee on Public Lands, $2,000; clerk That the Ilouse recede from its disagreement to the amendments numbered 217 to the Committee on War Claims, $2,000; clerk to Speaker's table, $1,800; private to 241, both inclusive, with an amendment as follows: · secretary to the Speaker, $1,800; Sergeant at-Arms of the llouse of Representa- Substitute for the amended para.~ph the following: ti>es. 4.000; for ~tne horse and wagon for hiti use, $500; clerk to tl1e Sergeant-at- "Secretary' IS Office.-For compensation of the Sec~·ot.-'try of the 'l'rea..~mry, $8,000; Arms, $2,100; paying teller for thu St}rgoant.::..t- Arm~. 2,000; messenger to the Ser- two AHsistant Secretaries of the Treasury. at $4,500 each; chief cltwk and ex-officio geant-at-Arms. $1.200 ; Doorkeeper, 2,5ll0; assistant doorkeeper, $2,000.; olcrl' for snpel'intend.ent of the Treasury building, $2,700 ; one chief of di vi~ion of warrant.~, Doorkeeper, 1,200 ; jaiJitor, $1,200; Postmas! er, $2,500 ; ti.rst assistant postmaster, estimates, and appropriations, 82,750 ; one assistant chief of division of warrant.~, $2,000; four mO-"l!cngers, at $1,000 each ; eight c.lnrin~ the Ses~ion, at $600 each; estimates. and appropriations, $2,400; six chiefs of division, at $:!,500 each; six as- Chaplain of the Honsr, ~00; five official reporters of the proceedings and debates sistant chiefs of division, at 2,000 each; twenty-three clerks of cla.ss four; two of the House, at $.3,000 each; two stenographers for committees, $5,000 each, and disbursing clerks, at $2.500 each; stenographer to the Secretm·y, $~,000; nineteen this shall be in lieu of all ot-her compensation for such services in reporting and clerks of class three; oi)!hteen clerks of class two; eleven clerks of class one; transcribing the proceedings of each and all of said committees; superintendent of twenty female clerks, at $90() eaeh; eight messenger8 and twenty-eight laborers; the fohling-room, $2,000; three clerks in the folding-room, one at ·81,800, and two at one capt.aiu of the watch, i!1,200; one engineer, $1,400; one assistant engineer, 1,200; ono fohlcr in the sealing-room, $1,200; superintendent and chief assistant $1,000; one machinist and gas-fitter, $1,2 :o; one storekeeper, $1,200; sixty 'watch· in tho document-room, at $1,800 each; document file clerk, $L,400; eight messengers, men, at $720 eacllf and, additional to two of said watchmen, acting as lieutenant-so£ at $1,200; ten messengers, at $1,000; four laborers under the superintendent of the wat{}bmcn. $lEO each: six firemen, at $720 each; seventy-five char-women, at $180 foliling-room to handle books, at $720 per annum each; Reven laborers, a.t$720 each; each; in all, 231,310." ten laborers, during the session, at tho rate of $720 each Jler annum, 2.400; onela.- Anu the Senate a!!Tee·to the same. borer, at 600; one1:1borer, (Henry Douglas,) at $8~0; :u:cl for one female attendant Tbat the House recede from its disagreement to the amendmenta numberetl 242 in ladies' retiring-room, $GOO; making in all, the snm of $1!>6,420." to 251, both inclusive, and agree to the same, with an amendment as follows: · That the Senate. recede from.its amendment numbered 137, and agree to the text In lien of the amended paragraph insert tho following: proposed. to bu strwken out, With an am:mdment as follows: Insert after the word "And the Secretary of the Treasury is hereby directed to consolidate the division 11 year," in line 6, pa~e 8 of the bill, the following: 11 at a compensation not exceeding of loans ami the division of currency into one di vi':lion; and all work now done in $1.'.?00 each." either division shall he done in the consolidated division, with the following em- That the llouse recede from it':! disagreement to the amendment numbered 144, ployes, namely: One chief of division, at $2,500; two assistant chiefs of division, at and ~rrree to the same, with an amendment as follows: $2,100 each; tim clerks of class fonr, and additional pay to three fourth-cla-ss clerks, Ad(l 11 at the end of the paragraph the following: namely, receiving clerk of bonus and two book-keepers, $100 ea~ht- six clerks of To pay outstancliug indebtedness inmured by the committees of the Rouse prior class three; three clerks of class two; four clerks of class ono; thirty-five clerks, to June 30, 1876,· $J,OOO, to be dislmrsetl by the Clerk of the House." at$900 each; six messengers, at 840 each; six laborers, at $720 each; and six la.- And the Senat~ agree to the same. borers, at $2.25 per day each; in all, $88,685.50." That the House recede from its clisagreement to the amendment numbered 145, And the Senate agree to the same. anll agree to the same, with an amendment as follows: That the Honse recede from its disagreement to the amendments numbered 252 In lieu of the first parae-mph of said amendment insert the following: to 259, both inclusive, anu agree to the same, with an amendment as follows: II For compensation of the Public Printer at the rate of e3,600 per annum, and of In lien of the amenrlerl para!!ra.ph insert the followin~: the clerks and employes in his oftice, $12,900: Provided, That the term 1 Public "Supe-rvising Architect.-In the construction branch of the Treasury: For Super-. Print~r' as employed in that part of the act making appropriations for sundry civil vising Architect, $4.,500; chief clerk, ,..2,250; photographer, 2,250; one prinCipal expenses of tho Government for the cmTent fiscal year which repeals all laws pro- clerk at $2,000; one clerk of cla.ss four; two clerks of class three; two clerks of viding for the election or appointment of Public Printer shall be construed as em- class one; one clerk at $900; and one me3Senger; in all, $:20,140." bracing that officer whether known as Congressional Printer or Public Printer." And tho Senate agree to the same. . And tho Senate il!!J'Ce to the same. That the Honse recede from its disagreement to tho amendment..'! numbered 260 That the House recede from its disagreement to the amendments numbered 146 to 268 both inclusi vo, anrl agree to the same, with an amendment as follows: to 155, bot.h inclusive, and agree to the same, with an amendment·, as follows: ' In lieu of the amend ell paragraph substitute the following: In lieu of the amenderl Jlarar;raph substitute the following ~ ''First Oomptrollcl' of the 1'reasury.-For First Comptroller of the Treasurv 1 $5,000; "For compensation of the librarian, $4,000; and for fifteen assistant librarians. deputy comptToller. $2.700; four chiefs of division, at ~~.100 each; four clerks of two at 2,250 each, one at ~.000, four at ~ 1,600 each, two at $1.440 each, two at clase fom: teu clerks of class three; eight clerks of class two; four clerks of clasH $1,250 each, t.wo at $1,200 each, one at 1,000, and one at $960 per annum; in all, one; six clerks, at $900 each; one messenger; and throe laborers; in all, e6s, 700." 26,640." · And the Senate a,_,"Tee to the same. And the Senate agree t{) the same. · That t.he Honse recollo from its diAA.greement to the amendments numbered 269 That the House recede from its disagreement to the amendments numbered 156 to 278, both inclusive, and agree to the same. with an amendment a.s follows: 1876. CONGRESSIONAL RECORD- HOUSE. 5547 In lien of the amended paragraph substitute the following: That the House recede from ita disagreement to the amendment numbered 407, "Second Oornptroller of the 'l'rr>t\ and a~ree to the same, with an amendment as follows: to 661, both inclusi~e, :md agree to the same, with an amendment as follows: In lien of the amenaed paragraphsub::~titute the following: In lien of the amended paragraph substitute the following: "Afisay-ojftce a' New York.-For salary of superintendent, 4/250; for as&ayer, "In the Ojfice o.fthe Quarterma.ster-Gener.aL.-One chief clerk, at$2,000; seven clerks $3 . 0~0; for melter ancl refiner, $3,000; chief clerk, 2,500; weighing clerk, :2,!;00; of cla s four; nino clerks of class three; twenty-four clerks of class two; forty- paymg clerk, S:2 COO; bar clerk, 1,800; warrant clerk, 2,250; two calculating eight clerks of cla one; twenty copyists, at 00 each;" one female messenger, at clerks, Sl, 00 each; as.istant weigh clerk, $1,600; for assayor's first assistant., '"30 per month; one messenger, ·at $040; two assistant m6S1!engors; six laborers; 2, 2.JO ; for assayer's secoml assistant, i2, L50 ; for assayer's third assistant, $2,000; one en~neer, at $1,200; one fireman; five watchmen; and one draughtsman, at in all, $:1'2 900." $l,tl00 j lD all, 152,4ti0." .And the Senate agree ro the same. .And the Senate agree to the same. That tlle House recede from its disagreement to the amendments numbered fill That the House recede from its disagreement to the amendments numbered 662 and 612, and a,!,.rree to the same, with an ltmendment as follows: Strike out" six:" to 667, both inclusive. and uf.rree to the same, with an amendment as follows: and insert" fonr," and strike out "foul'" and illi!ert "three;" and the Senate agree In lieu of the amended paragr:;~.ph substitute the following: to the same. " In the Office of the Oommiaary-General.-One chief clerk, at $2,000; one clerk That the House recede from its disa.p:reement to the amendment numbered 613, of class four; ~ree clerks of class three; four clerks of cla.es two; ten clerke of and agree to the same by substituting for the amonnt proposed '·$2,000 ;" and the class one; one messenger, at $840; two laborers; two watchmen; in all, $2!),920." Senate agree to the same. And the Senate agree to the same. That tlie House recede from its disagreement to the amendment numbered 615, That tho House recede from its disagreement to the amendments numbered 668 and agree to the same, with an amendriient as follows: to 676, both inclusive, and agree to tbe same, with an amendment as follows: In lleu of the amended paragraph substitute the following: In lieu of the amended paragraph substitute the following: . ".Assa'!/ o!fic~ at Oharlotte, North Oarolina.-For salary of a.ssayer and melter, "In the Office of the Surgeon-Generat.-One chief clerk, at $2,000; seven clerks of 11,500; for 1abor and other ex.--penses, $500; in all, $2,000." · class four; five clorksofclassthree; seven clerks of class two; ninety-two clerks of And the Senate agree to the same. class one; one anab>mistat the Army Medical Museum, at $1,000; Qne engineer iu That the Honse recede from its disagreement to the amendment numbered 618, division of records and museum, at $1 400; one messen~ter, at $340; twenty watch- and agree to the same, with an amendment as follows: In lieu of the words pro- men ancl laborers; in all, $16L,040: Provlded, That the Sur~.eon-General of the ~osed ~o be inse~ed in~ert •· 14,500t" and add at the end of the para,ITI"~ph the fol- Army is hereby authorized to detail, for temporary duty in his ulfice, in completing follo:wmg: "Pravtded, That so mucn of the amount of $25,600 appropriated b:y act the catalogue of the library, one Mting assistant surgeon from those now under of June l!O, 1874, for per diem of members of council and house of representatives, contract, :mel no additional contract shall on this account be made." nnd other otticers aml clerks and employes of the Le!!islative Assemuly, as is not .Aml the Senate agree to tho same. m~eded fur the payment of per diem, shall be applicau'le to the payment of mileage That the liouse recede from its clisagreement to the amendments numbered 677 of.membors of the Legislature, and for printing, stationery, and other incidental to 68L, both inclusive, and agree to the same, with au amendment as follows: expenses of the Le:rislature antl the secretary's office of the Territory for tlle fiscal In lieu of tho amendeioner, $:1,000; for chief clerk, $2,250; three each; onB mcssen~er to Postmaster-General, $900; three messengers to Assistant · examiners-in-chief, at $3,000 each; exn:miner in charge of inwrferences, $2,500; Postmasters-G~eral, ..,i!40 each;· seven assistant messenger5t 120. ea.ch; captain of 55fi() CONGRESSIONAL RECORD-HOUSE. AUGUST 12, the watch, 1,000; nine watchmen, at $720 each; twenty-seven laborers, 720 each; March 3, 1875, t{) provide for the sale of the buildings and grounds known as the ono engineer, 1,4iJO; one assistant engineer, 1,000; one carpenter, 1,200; one as- Detroit Arsenal, atDuarbornville, in the State of Michigan, l>y appraising and sur. sistant carpenter, 1,000; one tireman, who shall be a blacksmith, $:JOO; ono fire- veying the property and advertising its sale, $1,000: Provided, Tllat the Seoretai'Y man, who shall bo a steam-fitter, ~goo; one fireman, 720; tJHco female laborers, of the Interior may, in his discretion, postpone the time of sale to the time most au- $4!:!0 each; and for temporary clerks, 10,000; mah-ing, in all, 434,340." vanageous t{) tho .United States. That tbo House recede from its disagreement to the aruendments numbered 873 "SE:c. - . .For the purpose of defraying the expenses of a survey of the Union to t85, both inclusive, and agree to the same. with an amendment as follows: · P:wifio and Central Pacific Railways between Council Bluffs, Iowa., auc.l ~ora- • In lieu of the amended text nbstitute 1he following: · men to, California, to be made in pursuance of the resolution of the House of Rep- "For contingent expenses of the Post-Office Department: For stationery, $9.000; resentati,es pa sed the 12th day of July,l876, $10,000." fuel for the General Po t-Oftice building, inoludil1g tho Auditor's Ollioe, $7,400; And the House agree to the same. for gas, ,000; plumbing and gas-fixtures, SJ,uoo; telegr:ipbing, $3,000; painting, SAM. J. RANDALL, 2,roo; carpets, ,000; furniture, 55,000; keeping of horses and repair of wagons W. R. MORRISON, and barnes , 1,200; hardware, !,!200; and for rent of hou e numbered 915 E street JOHN A. KASSON, northwest, 1,800; and for miscellaneous items, $8,000; in all, $-t9,ti00." Managers on the part of the House. And tho Senate agree to the same. WM. WINDOM. That the Hou~e recede from its diSagreement to the amendments numbered 886 W. B. ALLISON, to 910, both inclusive~ and agree to the same, with an amendment as follows: T. F. B.AY.ARD, In lieu of the amenued paragraph substitute the following: Managers on the part of the Senate. ''For compensation of tl1e Commissioner of Agriculture, $3,000; chief clerk, 1,800; entomolo¢8t, $2,000; chemist, 2,00:1; assi8tan ~ chemist, 1,400; snperintenuent of Mr. RANDALL. I demand the previous question on the adoption experimental gardens aud grouncls, l,goo; sta1istician, 1,800; disbursing olnrk,. of the conference report. $1,UOO; superintendent of seed-room, 1.600; librarian, $1,400; botanist, $1,!:!00; mi- Mr. HOLMAN. I rise to a parliamentary inquiry. croscopist, $1,800 ; three cltltks of class four; four clerks of class three; five clerks The SPEAKER p1·o tempore. The gentleman will state it. of class two; six clerks of class oue; engineer, 1,200; supt>lintendent of folding- room, 1,200; two copyists, at $!!00 each; two attendants in the museum, 1,000 Mr. HOLMAN. If tho House should reject this report, would it be each ; one me enp:er, at $840; two as il;tant messengers, at mao each; one oarpen- in order for the House to concur in all the amendments to the pending t{'r, at 60 ; two watchmen, and eight laborers; making in all ~. 700." bill agreed to by the conference committee except the amendment.s And the Senate agree to the same. numbered 1, 2, 79, 80, and 744! That the House recedsfrom its di ap:reement t{) the amendment numberod 911, and agree to the same, with au amendment as follows: Striko out therefrom the The SPEAKER pro tempore, The Chair will state to th& gentle- word 1' fifteen " and insert in lieu thereof "ten ; " and the Senate agree to the same. man from Indiana that thQ conference report must be agreed to as a. That the House recede from its disagreement to the amendment numbered 916, whole. It cannot be divided. and agree to the same, with an a.menclment as follows: In lien of the paragraph substitute the following·: Mr. HOLMAN. The Chair will hear me a moment. I know that "For the purchase, by the Librarian of Congress, of new books of reference for this proposition cannot be submitted in the first instance. The House the Supreme Court, to be a part of tho Library of Congress, to be purchased under will have to reject the :~;eport to admit of such a proposition. That the diJ:eotion of the Uhief Justice, $'.2,000; and the unexpemled balance of 1,00 , is often done. The report is rejected, and for the purpose of bring- appropriated by the act for sundry oi vilexpenses for the fiscal year 1875, to enable the Joint Committee on the Library of Congress to prooure plans for the accommo- ing the two Houses together it is moved to concur in all the other dation. of the Library, is hereby re-appropriated and made available for said pur- amendments excepting some which are specified. po.e." The SPEAKER pro tempore. The :fi..rst question is of course on con- That the House recede from its disagreement to the amendments numbered 923 curring in the report of the committee of conference. to 935, both inclusive, and agree to the same, with an amendment as follows: In lieu of the amended paragraph substitute the following: Mr. RANDALL. On which I have demanded the previous ques- ''Office of the AttorJ,ey-Generat.-For compensation of the Attorney-General, tion. $8,000; Solicitor-General, $7,000; three.A.s~i~tant A ttorueys-General, at$5,000 each ; Mr. HOLMAN. If the House should not concur· in this report, I ono Assistant Attmney-General of the Post-Oflioe Department, _$4,0tJ0; Solicitor of give notice that I will then move concurrence in all the amendments Internal Revenue, $4,500; examiner of claims, 3,500; law-olet'k aud examiner of t-itles, $2,700; chief clerk, ~200; 8tenographio clerk, Sl,HOO; one law-olerk, $2,000; to the bill agreed to by t.he conference ~ommit~, except the amend- ti\e clerks of ol~s four; additional for disbursin~ clerk, $200; one clerk of class ments numbered 1, 2, 79, tiO, and 744. two; one clerk of olnss one; five copyists; one telegraph operator, at 1,000; one Mr. FORT. There are others who are going to vote against the in- lDl' u*er; one assistant messenger; two laborers; and two watchmen; in all, crease of sala.ry. 72,440. .And the Senate agree to the same. Mr. RANDALL. The gentleman from Indiana understands the That the Houso recede from its disagreement to the amendment numbered 939, rules, as he has been. here for a long time. and agree to the same, with an amendment striking out the paragraph antl insert- The SPEAKER pro tempore. The gentleman from Indiana has the ing tho following: ·• For reut of the four floors of tho building ocoup1ed by the De- right to bring the question before the House. partment of Justice, 14,000;" and tho Senate agree to the same. IJ.'bat the Hous~ recede from its disa6'l'ooment to the amendment numbered 913, Mr. RANDALL. I now insist on my demand for the previous ques- and agree to the am e. with an amendment as follows: Strike out "four" and in- tion. If the House does not second the previous question, then I give sert" three;" and the Senate agree to t.he same. notice I shall hand the charge of the bill over to the gentleman from That the House recede from its disagreement to the amendment numbered 945, and a~·eo to the same, with an aml:'ndment asfollows: Strike out therefi'Om "twen- Indiana. ty-cignt thousand " and iru:!er-t in lieu thereof "twenty-four thousand eight hun- Tbe previous question was seconded and the main question or- dred;" and the Senate ngree to the same. dered. That the House recede from its disagreement to the amendment numbered 946, Mr. HOLMAN. I call for a division on concurring in the confer- and agree to substitute for the same tho following: "SEc. 2. That the reduction in the numerical force of the officers, clerks, and ence report. employl!s in the several Executive Depattment.; made nece sary by the provisions The House divided; and there were-ayes 136, noes 15. of this act shall be carried int{) effect as follows: The number so redus:ec.l shall be So the conference report was adopted. discharged on the loth day of October next, !li.Id the srim of money Irtloes aryfor Mr. RANDALL. :Mr. Speaker, I wish to state that this question their compensation to the said date i hereby a.ppropriatell. Anrl the amounts of money necessary to carry out the provisions of tllis act for which no specific appro- was submitted the other day to the Honse in the most distinct man- priations are made are hereby appropriated; ancl the amounts heretofore appropri- ner, and by the House the managers of the conference on the part of ated for legislative, executive, and judicial ex-penses for this fiscal year, so far as the House were instructed to take the action thev have taken. I do the same were applicable to service which uy tho 1n·ovisions of thifl act is discon- not, any more than the gentleman from Indiana, coment to the tinued, or to excess of compensation whioh by this act is recluced, shall not be deducted from t.he aggregate appropriat-ions herein made for like purposes ; and amendments he has indicated, except under the instructions of the the sum of $60,000, or so much thereof as may bo necessary, is hereby appropriated House to me a.s conferee. for temporary clerical service in the several Executive Departments, according to Mr. HOLMAN. I was detained from the Honse on that occasion the exigencies of the public service, to be apportioned by the Secretary of the by illness. If I bad been present I would have resisted the action Treasury. And the President is authorized, during the presen~ fiscal year, when- ever the interests of the public service shall require it, to tran fer any clerk or then taken. ' • employe from one Departmt'nt to service in another Department." Mr. RANDALL moved to reconsider the vote by which the confer- 'l'hat the House recede from its disagreement to the anieudments numbered 947, ence report was adopted; and also moved that the motion to recon- 948, 949, 950, and 951, and a~ree to the followiug substitute for the section: sider be laid on the table. ·• SEc. 3. That whene'"er, m the judgment of the head of any Department, the du- ties as igned to a clerk of one class can be as well performed by a clerk of a lower The latter motion was agreed to. class, or 1>y a female clerk, it shall be lawfnl for him to diminish the number of COTTON CLAIMS. clerks of the higher grade and increase the number of the clerks of the lower grade within the limit of tlie total appropriation for such clerical service: Provided, ·That Mr. WILSON, of Iowa. I withdraw the motion to reconsider the in making any reduction of force in any of the Exeouti\·e Department , the beau vote by which the letter of the Secretary of the Treasury in an- of such Department shall retain those persons who may be equally t}Ualified who swer to a resolution of the House callin~ for a list of the cotton have boon honorably discharged from the military or naval service of the United States, and the widows and orphans of deceased soliliers and sailors. · • claims was referred to the Committee on E.x penditures in the Treas- "SEC. 4. "That the Secretary of the Treasury is hereby directed to institute a care- ury Department with accompanying statements and ordered to be ful scrutiny of the present condition anc.l competence of the force employed in the printed. I have since a certained by examination the objectiona- collection of revenue from customs, with a view of reducing the number of the ble matter was not there. same." And the Senate agree to the same. The SPEAKER pro tentp01·e. The gentleman has a right to with- That the Senate recede from its amendment numbered 952, and aqree to the text draw the motion to reconsider. proposed to be stricken out, amended as follows: Strike out therefrom the follow- mg worda: "except those for whom specific app,ropriations are made" and ins£'.rt NORMAN H. RYAN. the following: "beyond provision made by law. ' Mr. HENDERSON. I ask unanimous consent to take from the •· SEC. - . That all executive oflioers or employes of the United States not ap- pointed by the President, with the advice and oons£'nt of the Senate, are prohibited Speaker's taule the bill (S: No. 840) for the relief of Norman H. Ryan, from requesting, giving to, or receiving from any other officer or employe of tbe in order that it may be put on its passage at the present time. Government any money or property or other thing of value for political purposes; Mr. STONE. I object. and any 8UOh officer or employe who shall offend against t.h e provi ions of ti.Jis sec- Mr. HENDERSON. . I give notice that I shaJl object hereafter to tion shall be at once discharged from the service of the United States; and he shall all unanimous consents. . also be deemed guilty of a. misdemeanor, and, on conviction thereof, shall be fined in a sum not exceeding $500. Mr. STONE. Objection was made to unanimous consent when I ~' SEc. -. To enable the Secretary of the Interior to carry into effoot the act of asked for it. 1876. CONGRESSIONAL RECORD-HOUSE. 5551 .· Mr. LANE. ·I ask unanimous consent to make a. report from the sylvania Volunteers; which was read a. first and second time re- Committee on Public Lands. ferred to the Committee Qf the Whole on the Private Calendar ~nd Mr. STONE. I object. with the accompanying report, ordered to be printed. ' ' Mr. ATKINS. I move th~ House adjourn. ADVERSE REPORTS. Mr. RANDALL. I wish to modify that, so as to move that the ~ouse. take a I'ecess until ~onday morning at ten o'clock. That will Mr:..JOHN REIT..LY also, by unanimous consent, from the same gtve SIX hours on :Monday m case the Senate should concur in the committee, reported back adversely the following bills and executive resolution for final aujournment on that day. It is desirable to have document; and the same were severally laid on the table and the those two hours before twelve o'clock for the purpose of enrollment. accompanying report ordered to be printed: ' 1\fr. PACKER. I hope we will take a recess until seven o'clock Th~ bill (H. R. No. 1831) to authorize the Secretary of War to ap- this evening. Many members desire to take up business and have it propnate condemned ordnance for the erection of a monument to the acted on. memory of the soldiers and sailors of Omnge County New York who Mr. ATKINS. I cannot withdraw my motion to adjourn for that fell during the late war; ' ' purpose. Ex.ecutive ~?cumen~, War Department, dated February 15, 1876, in Mr. RUSK. I hope unanimous consent may be granted, so I may relation to military bndge a-cross theN orth Platte River at Fort Lar- report another pension bill. amie; and Mr. ATKINS. I withdraw my motion at the suggestion of the The bill (S. No. 443) for the relief of Alstorpheus Weininger. gentleman from Pennsylvania, [Mr. RANDALL,] and move that the LIZZIE IRONS. House take a recess until-ten o'clock monday Morning. Mr. JOHN REIT..LY. I ask unanimous consent to take from the . l\lr. PAGE. I move to amend by saying half past seven this even- Speaker's table, that I may move concurrence, the bill (H. R. No. mg. 2017) for the relief of Lizzie Irons, sister of Lieutenant Joseph F. The SPEAKER ·pro tempore. The question will be first put on the Irons, late of the First United States Artillery, w-ith an amendment longest time. · · by the Senate. The House divided ; and there were- ayes 130, noes 11. There was no objection, and the bill was taken from the Speaker's So the z:uotion was agreed to; and accordingly (at five o'clock and table. twenty mmutes p. m.) the House took a recess until Monday morning The amendment of the Senate w~s read, as follows : at ten o'clock a.m. In line 5 strike out" a.'i12.50" and insert" $350.50." AFTER RECESS. 1\lr. JOHN REIT..LY. The Senate has reduced the amount of the The recess having expired, the Honse re-asse~bled at ten o'clock bill as passed by the House, and I move concurrence in the Senate a.m., (Monday, Augnst 14.) · amendment. LEAVE TO PRJNr. The Senate amendment was agreed to. Mr. W. B. WILLIAMS, by unanimous consent, obtained leave to Mr. JOHN REIT..LY moved to reconsider the vote by which the have printed in the RECORD some remarks in relation to the Bureau a'meudment of the Senate was agreed to; and also moved that the of En~raving and Printing as a part of the proceedings of the Honse. motion to reconsider be laid on the table. [See Appendix.] . The latter motion was agreed to. JOIL.~ J. ANDERSON. MESSAGE FROM THE SENATE. A message from the Senate, by Mr. SYMPSON, one of their clerks, in- M:r. STONE. I ask that by unanimous consent the Committee of formed the Honse that the Senate bad a~reed to the report of the com- the Whole on the Private Calen(lar be discharged from the further mittee of conference on the disagreeing votes of the two Houses on consideration of the bill (S. No. 628) for the relief of John J. Ander- the amendments of the Senate to the bill (H. R. No. 2571) making appro- son, survivirig copartner of the firm of Anderson & White and that priations for the legislative, executive, and judicial expenses of the it be brought before tho Honse for consideratiOn. And i~ makin(J' 0 Government for the year ending J nne 30, 1877, and for other purposes. that reque t I ask one moment for an explanation. The message al~o announced that the Seuat~ had agreed to the re- The SPEAKER pro ternpore. -If there l>'e no objection the gentle- port of the comnnttee of conference on the disagreeing votes of the man from Missouri will be heard. The Chair hears none. two ~ouses on th.e a:nendments of the Senate t~ the bill (H. R. No.1594) ~lr. STONE. Five or six weeks ago when the House was in Com- making appropriations for the consular and diplomatic service of the mtttee of the Whole on the Private Calendar this bill was reached Government for the year ending June 30, 1877, and for other purposes. aud I objected to its consideration at that time for the reason that i The message further announced that the Senate had passed bills of thought the claimant was the late John J. Anderson, of Missouri the following titles; in which the concurrence of the House was re- who was engaged in t.he banking business and defrauded a lar(J'~ quested: number of people. I have since learned from members of the Ke~­ A bill (S. No. 1042) to provide for the publication of the report of tucky delegation that the claimant is an old farmer of ·Kentucky who the impeachment trial of William W. Belknap· and is entitled to this relief, and that the bill is justified by the facts of A bill (S. No. 1044) making appropriations to' pay jud(J'ments of the the case. I therefore ask that the bill may be pa8Sed. Court of Claims. 0 The SPEAKER pro tempore. The Clerk will read the bill. FLOYD C. BABCOCK. .Mr. MORRISON. I reserve my right to object. The SPEAKER pro tempore. The Chair will reserve for every gen- Mr. STEVEISSON. I ask unanimous consent to take from the tleman the right to object until the bill is read. Speaker's table, that I may move concurrence, the bill (H. R. No. 5Ui) The bill was read, as follows: for the relief of Floyd C. Babcock, with an amenllment by the Senate. There was no objection, and the bill was taken from the Speaker's A bill for the relief of .Tohn .r. Anderson, surviving copartner of the firm of An- derson & White. · table. B~ it enacted: &c., That the Serootary of the Treasury be, and he is hereby, au- The amendment of the Senate was read, as follows: thonzed ancl directed to pay, out of any money in the Treasury not otherwise ap- In lines three _and four strike out "$556.55" aud insert "~2.65." prol?l'iated, to .Tohn .T. And?~on. surviving C?partner ?f the firm of Anderson & '\Yhite, the sum o~ $tl,5!J7.e3, m full of all claims of said Anderson & White, or .The amendment was agreed to. · mtherof them, agamst tho Gernment of the United States for cotton belon!ring Mr. STEVENSON mo\Ted to reconsider the vote by which the amend- to said fir_m, i~pressed for, and approl?riat.ed by, the authority of the Gecl one House shall be sent for concurrence to the · Mr. PACKER. A portion of it, I am advised, has been fixed by other on either of the three last days of the session. agreement. 17. No bill or resolution that shall have passecl the House of Representatives and the Senate shall be presented to the President of the United States for his appro- Mr. RANDALL. There is a dispute, if I understand the case, as to bation on the last day of the session. the amount to be paid by the Government for this property f Mr. RANDALL. It has not been necessary heretofore during this Mr. PACKER. Yes, sir. session to suspend these rules, because the time for the adjournment Mr. RANDALL. Tbis bill would seem to me to make absolute the of Congress bas not been fixed. It bas not yet been fixed, but it m:ly purchase of that property from the private owners at the prices be :tixed to-day, and at a time when unuer these joint rules bills could which they may have fixed. not be sent from one House to the other or to the President. This Mr. PACKER. Not at all. The bill only provides for the use of resolution is right; I have examined the subject carefully, nnd no such surplus as there mu.y be. If there should ben~ surplus after the harm cau be done by adopting it. This course is always taken at purchase or condemnation of the site then, as a matter of comse, each session of Congress. there will be no money to be used for the purpose of improving the The resolution was adopted. property. 1\fr. RANDALl:. moved reconsider the vote by which the resolution Mr. RANDALL. If my colleague will allow me to make a sugges- was adopted; and also moved that the motion to reconsider be laid tion, I would rather provide in this bill that the post-office shall be on the table. removed absolutely into thls bniltling at once at a rental, and not The latter motion was agreed to. fasten upon tho Government tb.il~ additional property at the prices· which I fear it may have to pay. - ADVERSE REPORTS. Mr. PACKER. I would be willing to meet that view if it were Mr. COOK, by unanimous consent, from the Committee on Military practicable; but my colleague will ouserve that by the original act Amtirs, reported thefollowing ·auversely; anu they were laid on the no power whatever was given to lease orrent a building, while a fixed table, and the accompanying reports ordereu to be printed _: sum was appropriated for the purpose solely antl exclusively of pur- A bill (H. R. No. 3604) for the relief of David. Rea, late second lion- chasing the site; and that sum cannot be increaseu or exceeded by tenant First Regiment Tennessee Light Artillery Volunteers; and the Secretary _of the Treasury. If the Government cannot get the The petition of John Euwarus,jr., late captain Third United States property for that amount or less, it cannot get it at all. The purpose Cavalry, for restoration to llis former rank and position. of this hill is that if the proceedings result in securing the title for SETTLEME~T "'WITH RAILWAY COMPA..."'HES. the Government, it may ue able to apply whatever surplus there may be, if any, to the improvement of the premises; and my col- Mr. COOK also, by unanimous consent., from the same committee, league will of course see that unless the title be secured for a less reported as a substit.ute for House bill No. :~62 a bill (H. R. No. 4092) amount than bas alreauy been appropriated, there will be no surplus. to provide for a settlement with certain rail way companies; which Mr. RANDALL. But the amount appropriated was, I une leaders who have wrouuht our sad d{\feat · but Governor Ames was inaugurated in January, 1874, under the most favorable should ~hey ch when a State senator, offered, in writing to ~ell his vote grow older m freedom so do they m wisdom. A jp"eat p01-tion of them ba.ve learned for 2,000 andRaymonu refused to pay it, saying he had alreadypairl him $900 and that they were be~g nsed !18 mere tools, and, as ill the late election, not being able that was enou,gh for that vote. A. R. Howe, ex-county treasurer and ex-meml>er to correct the exl8ting evil among thelll8elve~, they deternlined by casting their of Conwess, who took from the treasury of Panola County, throurrb an i!!D.orant ballots against these unprincipled adventurers to overthrow them. * * * colored board of superyisors and now unlawfoll,Y retains, the sum"of $5, t2s.!l7, (I My people hat'e been told by these schemers when men were placed upon the have a certified transcnpt of the record,) and whtch he does not deny but refuses ticket who wero notoriously corrupt and dishonest, that they must vote for them. to pa~. Thi!"t in bri~, is a small part of the record of three of the go;ernor's con- that the salvation of the party depended npon it; that the man who scmtcbed ~ fidential advl8ers, fnends, and counselors, and be must have known thei[ cbarooter ticket was not a republican. This is only one of tbe many means these nnprinci· all the while. ., pled demagognes hat'e devised to perpetuate the intellectual bondage of my peo- Through these and otber friends he had full control of the Le!rlslature and conld ple. To rl;ef~at t~s policy, at the late election. men irrespective of race, coior, or ])rocure hlmost any legislation that looked at all plansible, eit'her for the good of party_affiliation umted anle for those lives, or whether reaponSible at all, I cannot say; but Colonel Wells has charrred· him in the papers * * * * with the use of Lwguage well calculated in its nature to prod~ce riot and bloodshed To suppose that the property-holders would rest quietly under this sort of thin a, and he has never denied it~ and I do not think he will. ' year after year, was to suppose that they had less bf human nature than we find fh Pointing out thi':l means by which expenses could be cut off aned the btll and the governor vetoed it. Unfortunately for the country those who talk most about Missis- r advi~cd a change in the constitution., so as to give us biennial ses.~ions of the sippi affairs seem to know least of them. Men who have remained Legislature. (This would save nearly $100,000 per annum.) We had pled"ed it in our platform; the governor had advised it in his first message. Tile re~olntion all their lives at a profoundly respectful distance from her borders passed the lower house and wont to tho senate; there the governor actually lob· whose feet have never pressed her soil, in their eagerness to win po~ . CONGR.ESSIONAL RECORD-HOUSE. AUGUST 12~ lltical preferment for themselves or to secure a party triumph, gather duce them to return to th~ir homes a conflict ·ensued, in which about up a few statistics, procure false information through interested and one hundred persons, as charged here, were killed. corrupt sources, and thus panoplied mn,ke war upon an unoffending Now as to the riot at Friar's Point, I find by the testimony of Gov- State and hurl at her a tirade of abuse, couched in the vocabulary of the ernor Ames, given before the Mississippi investigating committee, fish-market. Her people are called" coiners of spurious votes," "hal- that we are acquitted of the charge of inaugurating it. He says in lot-box-stuffers," and other offensive names, only because they threw answer to questions propounded: off their supineness, hurried to the bn,llot-box, thousands of them who It is believed that tlul.t conflict and those murders were due to the action of Sen· had abstained from voting year after year because they supposed ator .A.Lc6R..'<. The democracy of that section were allied to him and supported they were to be -overwhelmed by numbers and could see no good to him. result from casting a ballot. Thus the vote of the State was largely Question. Allied to whom f .Answer. ALCORN-following him, as reported to me by the sheriff. It was Son· increased. ator ALCOitN who originated that trouble and gave it countenance and head. It is also a fact known to the most casual observer that during the last two years large numbers of colored voters .have come into the It has .been fully proven in the investigation which was had that State. from Vh·ginia, the Carolinas, Georgia, Alabama, Tennessee, and the democrats had no part in getting up that riot; that it was not Kentucky, and have greatly increased our voting population, espe- partisan in character and had no political significance whatever. ·cially in the counties bordering on the Mississippi River. Take, if I a.s.~ert fearlessly that no proof entitled to a moment's considera- you ylease, the county of Washington, where two years ago the regis- tion can be made or ever will be made showing that arms were pur- tmtwn-books only showed a voting population of about four thou- chased or used in any other way than that I haye indicated. sand, whereas at the registration last fall it amounted to more than If from this state of facts any amount of intimidation was felt six thousand, or an increa~e of one-~ird. In this county the colored by their white leadere or by the colored people, it was only because vote is in the ratio of 5 to 1 of whites; and although there was a reg- their consciences made cowards of them, and not because of an·y ular republican ticket there, opposed by a fusion ticket composed of threat or demonstration on the part of democratic voters. democrats and republicans, the fusion ticket, upon which your hum- That there was intimiuation practiced in the late election, and in ble speaker had no place, was elected by more than four hundred ma- all the elections which have taken place for the last ten years in Mis- jority, and my majority was only a few votes short of it. In this sissippi, is a f.a ct that no man who respects the truth will deny. This county a very full vote was poUed, as indeed was the case in almost intimidation sprang from a spirit of intolerance manifested by the every county in the State. colored voters of the republican party tow.ud any colored man who There is no difficulty then in accounting for the increased vote of dared tQ side with the democrats. Social ostracism was the penalty. the State upon rational principles without being subjected to tho im- Speakers of this class were dragged from the stand; church members putation of fraud and corruption. were excluded from the pales of ~he church ; preachers of the gospel As to the charges of "violence" and "intimidation," I interpose an were driven from their pulpits and silenced in disgrace. Many were equally unqualified negative, wit.h this explanation : That in some beaten unmercifully and not a'few killed for opinion sake, and yet no localities where there was a great preponderance of colored popula- cry of int!.m.i.?npore. The Senator from Wisconsin now not that it is a mere releaae but that it conveys a title, yet if the United on the floor bas asked the privilege to take up some meaaure. States does not possess the title, and the person to whom we give the Mr. CA?IffiRON, of Wisconsin. It will take but a moment to con- patent fails to ~et a title, he can come back on us as be would on a sider my bill. . private person rn the nature of a warranty. That is the point. In Mr. EDMUNDS. One thing at a time, Mr. President. 1elatiou to these saline lands where there are pre-emption settlers, . The PRESIDENT pro tempore. The Senator from Vermont insists State claims, ancl things of that kind, and we want to close them out, on one measure at a time. The letter will be- reported. it appears to me that it would be the height of folly to give a patent The Chief Clerk read as follows: under the decison of the General Land Office to a man who bought DEPAR'J'M:~"'T OF THE INTERIOR, GENERAL LAND OFFICE, at a dollar and a quarter an acre at an auction sale when the land Washington, D. 0 .• July 1, 1876. was already claimed by some one else, and we should have to pay the Sm: I hav~ had the honor to receive your letter of the 28th nltimo, inclosing a man we turn out or the man we gave the patent to, one or the other. copv of H. R. No. 2260, entitled "An act for the sale of saline lands," and request- We should lose a great deal ~ore money than we should make by the in~ "from this Office" information whether it is desirable and proper that it pass." m reply, I have to 11tate that as was set forth in a late decision of the Supreme op~ration, and my design is to protect the United States against double Court of the United States, "the policy of the Government, since tbj} acquisition chums. of the Northwest Territory and t.he inauJPlration of our land system, to reserve Mr. HARVEY. I think there is no objection to the amendment: salt sprin~s hal! been uniform " Further, 1t has been a. policy generally acted upon The amendment waa agreed to. in admitting States containing public lands to make a grant to the State of such The bill was reported to the Senate as amended, and the amend- salt springs as might be found therein, with a limit as to number, the grant em- Lracing also contiguous sections and making up an a.,.gregate area usually equal to ments were concurred in. two townships of public land. The first case in whiCh this was done is that of The amendments were ordered to be engrossed, and the bill to be Ohio; the last that of the proposed admission of Colorado, as provided for in the read a third time. act of Congress of March 3, 1875. (Statutes at Large, volume 18, page 476.) In view The bill was read the' third time, and passed. of this pohcy, which may be adhered to in admitting new States, I su~gest that t.he act mentioned be amended by adding at the close of the twenty-third line t.be fol· THE CALENDAR. lowing words, namely: Provided, That the foregoing enactments shall not apply to any State or Territ()ry which bas no thad a grant of ~~alines by act of Congress, nor Mr. DAVIS. I move that the Senate proceed to the consideration to a11y State which may have had such a grantuntileitber the grant has been folly of the Calendar of unobjected cases trn.der tLe Anthony rule at the satisfied or the right of selection thereunoer bas expired by efilu.x of time. • point where its consideration was last suspended. · With such an amendment I think it desirable and proper that the bill pass. Very respectfully, The motion was agreed to. J. A. WILLIAMSON, Oommisrioner. The PRESIDENT pro tempore. The first case on the Calendar will Hon. W. R. BROWN, . be reported. Home of lkprcsentat~ves. Mr. CRAGIN. Let me suggest to the Senator from West Virginia Mr. HARVEY. The amendment reported by the committee is the to apply the order to House bills alone. same as that recommended by the Commissioner. Mr. DAVIS. It applies to nnobjected cases. .Anybody who desires The PRESIDENT pro tempore. The question is onthe motion to to object can prevent action upon a bill. . proceed to the consideration of the bill. Mr. CRAGIN. . But it should apply only to unobjected House bills. Mr. DAVIS. I think we ought to proceed with the Calendar of There is no use in passing Senate bills now. unobjected cases. There are a number of bills on the Calendar .that Mr. DAVIS. Oh, yea, it is; for we may have a very late session to- many Senators are interested in. We ought to proceed regularly day. with the Calendar, and every Senator will then fare alike. There Mr. LOGAN. There is just as much use in passing such bill& as any are a number of bills on the Calendar which ought to be passed; and others. I object. to any proposition of tha.t kind. I therefore move that the bill under consideration be laid aside in Mr. PADDOCK. Before the order is enforced, I should like to ask order to proceed regularly with bills on the Calendar. unanimous consent of the Senate to call up a little bill which bas Mr. WEST. The bill has not been taken up yet. been considered before, Senat-e bill No. 705. The PRESIDENT pro temp01·e. The bill is not p~nding. The ques- Mr. DAVIS. We sh:ill reach all the bills in order. I object to any- tion is on proceeding to the conaideration of the bni named. tiling out of order. · The motion was agreed to; and t.he Senate, as in Committee of the Mr. PADDOCK. I think the Senator from West Virginia will not Whole, proceeded to consider the bill (H. R. No. 2260) providing fol" insist on his objection when I make the statement which I shall make. the sale of saline lands. It provides that whenever it shall be made This is a claim by a postmaster in one of the small towns in my StAte appear to the register and the receiver of any land office of the United for internal-revenue stamps which were lost by him under the ol~ States that any lands within their district are saline in character, it law. A bill bas passed re-imbursing him for t.he loss of the postage- shall be the duty of the register and receiver, under the regulationa stamps, and the case has been carefully considered by two commit- of the General Land Office, to take t.estimony in reference t-o such tees. lands to ascertain their true character, and to I'eport the same to the :Mr. DAVIS. I do not object to this 11articular bill, but it will be General Land Office; and if, upon such testimony, the Commissioner reached in its order if 've proceed with the Calendar. of the Geueral Land Office shall find that such lands are saline and The PRESIDENT pro tempore. Doe.~ the Senator from West Vir- incapable of being purchased under any of the laws of the United ·ginia object to the consideration of the bill named by the Senator Sta~s relative to the pub1ic domain, then, and in such case, such lands from Nebra.ska f shall be offered for sale by public auction at the local land office of Mr. DAVIS. I call for the regular order. tho district in which the same ·shall be situated, under such re~ula­ The PRESIDENT pro tentpore. Objection is made, and the. iirst case tions as shall be prescribed by the Commissioner of the General Land on the C~endar will be reported. Office, and sold to the highest bidder for cash, at a price not less than Mr. EDMUNDS. I think that it is due to the occasion to have these $1.25 per acre; and in case the lands fail to sell when so offered, the nnobject-ed cases wait a few minutes; and I will therefore move to same shall be subject to private sale, at such land office, for cash, at a postpone the present and all prior orders and tak.e up the constitu- price .not Jess than $1.25 per acre, in the same manner as other lands tional amenclment. of the United States are sold. The question being put, there were, on a division-ayes 18, noes 10, The bill was reported from the Committee on Public Lands with no quorum voting. an amendment to add the following provi!:!o: Mr. ED.MUNDS called for the yeas and nays, and they were or- Protided, That the foregoing enactments shall not apply to any State or Terri· dered. tory which has not h:ul a grant of salines by act of Congress, nor to any State The roll-call having been concluded, which may have had snob a grant, until either the grant has been fully satisfied, or Mr. HA.MLil~. On this question I am paired with the Senator from the right of selection thereunder has expired by emux of time. North Car?lina, [Mr. MERRDION.l If be were present he would vote The am~nament waa a:greed to. 1 ' nay," and I should vote 11 ye~'f' 1878. CONGRESSIONAL RECORD-SENATE. 5561 Mr. WINDOM. On all questions in reference to this amendment 1 I call the attention of the Senate. to the first alteration the Honse am paired with the Senator from Delaware, [Mr. BAYARD.] If he amendment makes in onr Constitution. The first amendment to the were present I presume he would vote "nay," . and I should vote Cons~itntion, enacted shortly after the adoption of the Constitution, "vea.') · provtdes that- '!Ir. HOWE. (.After having voted in the affirmath e.) On this Congress shall make no law respecting an establishment of religion, or prohibit- question and all other political questions I am paired with the Sen- ing the free exercise thereof. ator from North Carolina, [Mr. RANSOM,]"in case there is a quorum This is an inhibition on Congress, aml not on the States. The House withont my vote. I wish to withdraw my vote unless it is necessary a.rt.icle very properly extends the prohihition of the first ameudment to make a quorum. of the Constitution to the States. But the sixth artic1e of the old Tlle PRESIDENT pro tem110re. The vote will be withdrawn if there Constitution also provi an amendment to the Constitution of the United States, people can· be taxed for sectarian purposes. . the penclmg question being on its passage. . 1. By appropriating money ra.ised for school purposes to sectarian Mr. li'RELINGHUYSEN. Mr. President, before the vote is taken schools. . . on this measure, I propose to state the principles involved in it, and 2. By appropriating money from the general Treasury to sectarian to do so with great brevity. schools. There are only two principles involved in this article for the amend- 3. By appropriating public money to sectarian institutions other ment of the Constitution, as passed by the House or a.s now amended than schools, as theological institutions, sectarian colleges, monaster- by the Senate: ies, and nunneries, I. That there shall be no establishment of religion or prohibition of 4. By-devoting schools or other institutions established by public the free exercise thereof, and that there shall be no religions test as a funds, when so established, to sectarian purposes. qualification to office in the several Sta,tes of the Union. 5. By making appropriations of public money to religious denomi- II. That the people shall not be taxed to promote the particular nations, or to promote their interests. creed or tenets of any religious or anti-religious sect or clenomination. 6. By appropriating public money to an institution to promote in- Let me t:emark that it is manifest that the people call for an fidelity or for the benefit of an anti-religious sect. amendment covering these two principles. This is manifest from the The amendment of the Senate ~nards afl'ainst all these abuses, fact that the Represent-atives of the people of every religions and while the article as it came from the Hom~e q;Jy prohibited the first, to political persuasion, coming fresh from every section of the country, wit, the appropriation of public money, and only public money raised have by a vote of 166 out of 171 (only 5 negatives) declared that to be for schools, to sectarian schools or dividing it among denominations. the will of the people. · The Senate amendment only carries out the principle and cures the Further, sir; on the pllSSage by the Honse of this amendment, which defects of the ID'ticle aA it came from the Honse, but it does t!O effect- undertook to affirm and to protect these two principles, and which the ually. people an<.l tho press, and which I assume the Honse of Representa- Why, sir, provide that money raised for schools shall not be appro- tives thought was effective, great gratification was afforded to 'the priated to sectarian schools and leave it lawful to appropriate to whole country, not only because of their wish that these principles sectarian schools from tlle general Treasury J should be incorporated in our fundamental law, but also because Why should we prohibit appropriations to sectarian schools, and this vexed question was to be removed from the arena of party pol- yet permit schools established by the public money to be made sec- itics. The great unanimity of the v.ot.e in the House shows how strong tarian f is the conviction of the Representatives of the people that this article Why prohibit appropriations to sectarian schools and permit money of amendment. to the Constitution is wii!hin the legitimate province to be appropriated to sectarian institutions of another character f Why of constitutional amendments, and is also iu accord with the best prohibit appropriations to religions sects and permit them to be made policy and the soundest interests of the nation. to infidel sects' · There is, sir, no room for two opinions on the two propositions that There is no reason. .An<.l any one who could honestly and sincerely religion and conscience should be free, and that the people shou.ldnot be vote for the article as it came from the House should rejoice in the taxed forscctarian purposes. The whole histor.vof our country, from opflortunity of voting for the Senate amendment. · its origin to the present day, establishes and fortifies these positions. Not only does the article ns it came from the House merely apply to And nothing can be clearer than that these fundamental rights shoultl. the appropriation of money raised for schools to sectarian purposes, be secured in a constitation ordained expressly to "establi.~h justice" but it omits to give Con~ess any power by legislation to prevent or aml to" secure the blessings of liberty." ptmish tho violations of the article. · Mr. President, w l;lile the two principles of religious freedom and The usual section conferring power on Congress by legislation to exemption from taxation for sectarian purposes are plainly asserted enforce an am~ndment is in these words: in the article as it comes to us from the Honse, there are, unfortu- Congress shall h:ive power to enforce this article by appropriate legislation. nat-ely, in · it defects and omissions that were it accepted without amendment by t.he States would render it nn~atory and invalifl. And But as the committee were aware that some might argue that such the House shoulcl be gratified that a more careful scrutiny has dis- a section would c.onferon Congress the power to interfere with publie covered and corrected these defects, and should be ready to concur at schools of the States, the committee, to avoid all possible objection, once in the amendment of the Senate. I will point out these defects have-though they were satisfied that an article so phrased would not ana their corrections. have-the effect claimed-reported a section which gives no affirma- I. The fifth article of the Constitution requires that Congress when tive power to Congress, hut simply provides that- proposing amendments to the Constitution shall state to the people Congress shall have power, by appropriate legislation, to provide for the preven- tion and punishment of violations of this article. _. in what mauner the amendment shall be ratified; whether by the Legislatures of the States or by conventions in the States ; the fifth This section takes the place of the strange provision of the article article is as follows: as it came from the House, which is in these words: Tbe Co!Jgress, whenever two-thlrds. of both Houses shall deem it necessary, This article shall not vest, enlarge, or diminish legislative power in Congress. shall propose amendments to this Constitntion, or on the application of the Le~s­ Some have called this House article the Blaine amendment. No latures of two-thirds of t-he several States, shall call a convention for proposin~ amen~lments, which, in either case, shall be va.li£1 to all intents and purposes, as such provision was ever suggested by that distinguished man. He part of this Constitution, when ratified by the Legislatures of three-fourths of the left the article to be enforced under the provisions of the original several States, or by conventions in three-fourths thereof, as the one or the other Constitution, which (article 1, section 9, placit 18) pro-vides- mode of ratification may be proposed by the Congress. That Congress shall have power to make all laws which shall be necessary and This article amending the Constitution as it came from the House proper to carry into e.x:ecntion the foreo-oing powers and all othor powers vested by failed to propo_se either mode of ratifying this amendment. H did office this Constitntion in tlte Government of the United Stat~s or in any department or thereof; and this article is to be part of this Constitution. not propose that it should be ratified by the Legislatures or that it ~honlc1 be ratified by conventions. Had the Legislatures ratified it, This article when adopted, by the very t.erms of the fifth article of not being in conformity with the requirements of the Constitution, the Constitution, becomes, in the language of the Constitution, "to it would have been invalid. aU intents and purposes a part of .the Constitution." Now the. pror . . 5562 CONGRESSIONAL RECORD- · SENATE. AUGUST 14, vision as it comes from the House prevents the provision of the old Not the Catholics. It is the rule of their faith and practice and they Constitution which I have read from operating, for it declares that want more, not less, reli~ions instructions. They were the first in this "nothing in this article shall be held to vest, enlarge, or diminish any country when establishing the government of Maryland to provide legislative power in Congress." So that Congress would have no more in her fundamental law for religions freedom. The Protestants do power over the subject after the passage of the article than it bad be- not want it excluded, because it is their rule of faith. The Israel- fore it was passed, while the section introduced in the Senate amend- ite does not want it excluded, because it is the guide to his conscience. ment limits the power of the old Constitution by making a specific The atheist does not want it excluded, for he recognizes no superior; provision that Congre~ shall have power over this subject so far as he is a law unto himself. It is a matter of indifference to him whether to prevent and punish violations of this article. the Bibl3 or Dabold's Arithmetic or Hale's History of the Unitell Mr. President, it has been said that this amendment will prevent Stat.es iB used in the school, so far as his conscience iB concerned. religious instruction in our prisons and other institutions supported But then we are told that there are different translations of the by the public revenue. The clause which iB relied upon to maintain Bible. True, and yet there is but one Bible; that is the revelation that position is this : from on High. There are varion.~ translations, and the excellence of And no such particular creed or tenets- this article is that it prevents the exclusion of any. Nothing in this That is, no particular creed or tenets- article shall be construed to exclude either the Douay or the King of any religions or anti-religious sect or denomination shall be read or taught in James version. I am for the broadest toleration, but I would never any school or institution supported in whole or in ;-art by such- agree to a constitutional amendment that would exclude from the That is public- schools the Bible. The Constitution should neither say that it should or should not be read in the schools. To attempt either would be to revenue. mingle politics with reli~on, which all would deprecate. Make Sir, does that prohibit religious instruction in prisons f Does it the Bible a political ensign, and a party spirit snob as clustered prevent religious instruction anywhere f If the visit to those who around the white and red rose would be aroused, in which perhaps are sick and in prison is for the purpose of reading to them or of there would be no more piety than there was in the spirit that ani- teaching them the particular creed or tenets of a religious or anti-re- mated Richard the Lion-hearted and his followers when they rallied ligious sect or denomination, this article does interfere with it, and around the cross, or Saladin and his Mohammedan hordes when they is designed to. Institutions supported by the money of all persua- fought for the crescent. sions, even though they be prisons, -are not to be made schools for Into such a conflict, having forsworn all idolatry, even though the teaching presbyteriauism, or catholicism, unitarianism, or method- Bible be on t.be shrine, I will not enter. "Put np thy sword, my kin~­ ism, or infidelit.y, or atheism, and this article says so. But this arti- dom is not of this world," is the 4ljnnotion of our religion. But this cle ~oes no further. There is nothing in it that prohibits religion as article of the Constitution must not exclude it unless we come to the distmguisbed from the particular creed or tenets of religions and anti- conclusion that the narrative of the creation, that the maxims of Sol- religious sects and denominations being taught anywhere. omon, that the logic of Paul, and those truths that have lighted up ';l'hat pure and. u?~efilcd religion which a:ppertai_ns t? t~e r~lation­ the future to unnumbered generations, are injurious to public morals ! ship and responstbihty of man to God, ~nd IS readtly distingmsbable Mr. President, where shall we go for public morals t If yon mnst from the creeds of sects; that religion which permeates all our laws, exclude the Bible youmustbanish all our literature or expurgate it, which is recognized in every sentence agairu;t. crime and immorality, for it would be the height of fo1ly to say that it is lawful to drink w hicb is invoked in every oMh, which is reverentially deferred to overy from the conduits which human bands had maue, but not from the morning at that desk and on like occasions at the c~pitol of every pure fountain. Where shall we go f To the Koran T To Confucius f State of t.he Union; that religion which is reco~ized by our Presi- To the Morman book of their lord T To the vain philosophy of the dents and governors every year in the tbanksgivmgs of the people, to ancients! To mytbolo(J'ical fables! No, sir; the people of this which one-seventh part of tho century which bas just closed bas been country want that book let alone. The Constitution must not touch devoted; that religion which is our historj, which is our unwritten it. It iB to be forced upon no one and the Constitution iB to make it as well as our written law, and which sustains the pillars of our lib- unlawful to read it nowhere. erty, is a very, very different thing from thepart.i cular creeds or tenets of :Mr. HAMLIN. Mr. President, I may not be in my seat when the either religionists or infidels. And this article places no unhallowed vote shall be taken on this question. I wish to announce now, as I touch upon that religion. While we punish the violations of the would if I were in my seat, that I am paired with the Senator from oath or other moral obligation, it would be monstrous by affirmative North Carolina, [Mr. MERRlMON.] I would vote for the a.mendmen t, le~isJa.tion_ to restrict religious instruction. On this subject let me and he would vote against it. briefly quote from Story and Webster and Washington. Story says: Mr. EDMUNDS. I wish to give notice that the moment the It is impossible for those who believe in the truth of Chriatianity as a divine Hawaiian ·treaty bill is disposed of I shall ask the Senate to take up revelation to doubt that it is the especial duty of government to foster and encour- this matter again and stick to it until it is completed, without the age it among all the citizens and subjects. This is a point wholly distinct from that intervention of any other thing. ef the right of private judgment in matters of religion and of the freedom of public worship according to the dictates of one's conscience. ORDER OF nUSINESS. Webster says: The PRESIDENT pro tentpore. The unfinished business iB before If we work upon marble, it will perish ; if we work upon brass, time will efface the Senate, being the bill (H. R. No. 612) to carry into effect a con- it; if we rear temples, they will crumble to tho dust. But if we work on men's im- vention between the United States of America and His .Majesty the mortal minds; if we imbue them with high principles, with the ,just fear of God King of the Hawaiian Islands, signedJon the 30th day of Jan nary, 1875. aml of their fellow-men, we engra.\"'e on those tablets something which no time can ·~ efface, but which will brighten and brighten to all eternity. . Mr. LOGAN. I rise to call up the conference report which was objected to by t-he Senator from Kansas on Saturday. W a.shington, in his Farewell Address, says: The PRESIDENT pro tempore. Does the Senator from California Of all the dispoRitions and habits which lead to prosperity1 religion and moral- vield for that purpose f ity are indispensable supports. In vain would that man chum the tribute of pa- • Mr. SARGENT. I understand that there will be debate on that. triotism who should labor to subvert these great pillars of human happiness, these purest props of the e even that in the last year there bas been an actual United States; I am speaking of their total exports. increase rather than a decrease in t-he nativeand ha.lf-tJa.ste population. Now, Mr. President, I put the question to the Senate, if that be so, He then gives the following statistics: what will be the increase of the production in these islands under the In 1832 the iolands had a population of 130,315 souls; in 1836 there were but hot-bed process that this treaty bill will apply! Considering what lOd,!'\79; in 1840, only 84,165, of whom 1,002 were foreigners; in 1850, 69,800, of whom they have a-ccomplished without the advantages which will accrue 3,216 were foreigners; and in 1800, 6-l,9.i9, of whom 4,1!14 were f~reigners. Tho na- after this bill bas passed, what limit can be placed to the production tive"vopulation baa decreased OVtll' GO per cent. in forty .years. of these islands T There is but one limit, and that is tho area of the ·That is a decrease, as I stat-ed a whi~e ago, of less than 2 per cent. islands. Within the seven years that this treaty will exist, with the p&~n~. ' thrift of onr people, with tbt.,ir mechanical arts, with their superior In the same periou t.he foreigners have increa6;ed very slowly, until there are husbandry, with their enlarged industries, with a, low rate of inter- now in all 5,:~66 foreigoors ami persons botn here, but of foreign parentage, on the est, I say that the limit of the production of sugar and rice upon the islanitated the minds of the committee nt authority I quoted that in 1840 there were only 1,962 foreigners: in that time was as to the capacity of those islands to produce sugar 1850 there were 3,216; in 1860, 4,194; and in 1874, when this book was and rice. Upon that question there was no definite information, and written,.there were over five thousand foreigners on the islands. the honorable minister who bad lived in Honolulu for a quarter of a :ijut now1 Mr. President, under what circumstances bas this increase century, as he stated, wa.s called upon not only by those who were in population taken place f Under what disadvanta~es has it oc- representing the opposite side before the committee but by members Otured f With the exception of the salubrity of the chmate and tho of the committee to give information aa to the quantity of land on fertility of the soil, there has not been a single advantage in favor of the islands that could be made available for the production of rice the increase of population. Labor is scarce and is unskilled. The and .s ugar, anti the noticeable fact that I have made reference to is rate of interest on money nsed for the protiuction of rice and sug11:r that that minister wa,s unable to come within 100,000 or even 200,000 is 12 per cent. per annum, and under all these disadva-n tages the pop- of the correct number o~ acres. He kne\v nothing upon the ·s ubject ulation has increusedJ aml increased for agricultural purposes. whatever. He wa.s simply a know-nothing. They ceuld get nothing As to the ngricultnrnl tiifficultl.es under which these islands have out of him except that it would be a great advantage to the United been laboring for somo time, I read from page 59 of Mr. Nordhoff's States that annexation should take place. And right here I would book: remark in pnssing tha~ it is the most singular faot connected with But I am persuaded tlillt, as there are planters now who are prosperous and COD· any treaty that I haYe over beard of, that the king of the country tented and who make handsome returns even with the sngar duty against them, so, who is seeking to negotiate the treaty should have a minister at the if that were removed, there would be planters who would continue their regular and slow ·march toward l>ankruptcy, and for whom the remitted duty would ue but seat of the foreign government urging the pa.ssage of a bill to carry a temporary respite, while it would dcpri>e them of a. cheap and easy way to ac- the treaty into effect npon the ground that the ultimate result would count for their failure. Wherever on the islands I found a planter Jiving on his be to destroy the kingdom which he represents. own plantation, mana..!ring it himself, and out oi debt, I fourid him making money, It requires great crotiulity to come to the conclusion that King even with low prices for his suWJ.r and e\"en if the plantation ihself was not favor- ably placed ; not only this, but I found ;plantations yielding steady and sufficient Kalakaua and his minister plenipotentiary-and, I might say, in some profits nnder judicious management wh1ch in previous hands became bankrupt. respects "extraordinary"-entertain the idea that the result of this But, on the other hand, where I founll a pla.ntatirth heavily encumbered with debt treaty will be the destruction of his kingdom. On the contrary, they and managed by a supe1intendent, the owner living elsewhere, I heard usuallyJ desire the enactment of this law and th~ enforcement of this tren.ty thou.~b not always, complaints of hard times. If a sugar planter has his lanu and machinery heavily mortgaged at 10 or 12 per cent. interest; if he must, more- for their pelluniary advantage, and they will reap all the benefits and over, botTOW money on his crop in the field to enable him to turn that into sugar ; the Unit.eti States will be the loser. if then be sends the product to an agent in Honolulu, who charges him 5 per oont. Upon this point I desire to read from the Commercial Relations of for shipping it to San F'rancisco ; and if in San Francisco another agent char~es the United States and Foreign Nations, page 707, to showwh:•t these him 5 per cent.. more on the gross retorns, including freight and duty, for selling it; if, besides all this, tho phmt.cr buys his SU{)plies on credit, and is char~ell 1 per people desire and are worlting for. The report that l now read from cent. a month on these, compounded every three mont,h s until it is paid, and pays is authentic anti official. almosta.s much freight on h1s sugar from the plantation to Honolulu as from there What we laok are not land and quality of soil, but population and a free market to its final market-it is highly probable that he will, in course of time, faiL to encourage immigratWn and products. There at'\:1 not many le~:,ritimate enterprises in the world which would bear such charges and leave a profit to the manager. But it is on this system that the plant- Do they' expect that their islands will be so far depopulated that ing of tmgar has been, to a large extent, carried on for years in the islands. Under they will naturally fall into the hands of the United States f Are it a good deal of money has been made, but not by the planters. they looking to that result T What they want is population and a Thus we see that the cultivation of sugar upon the Hawaiian Isl- free market. They do not lack land; they do not lack fertility of ands is subject to the following embarrassments: First, a scarcity of soil, but they do lack population and a free market, and the United labor; second, a high rat-e of int-erest; third, a high rate of freight States Government, with a 'liberality unsurpassed in the history of to get their sugar; anu, fourth, an exorbitant commission. The any Government, now proposes to give them exactly what they planter pays 5 per cent. to his home agent and 5 per cent. to his for- want. ejgn agent in the market where his produce is to be sold. Then if Mr. President, is it a rea,sonable hope on the part of tbe American they buy upon a credit, they pay at the rate of 12 per cent. per annum, people that when the population of these islands shall increase and and the interest at the end of three months is compounded against they become wealthy and proud they will then -propose to annex them- them; so that the production of sugar in those ialands is weighed selves to-the Unit.ed States or that they will be williug to surreuder down by difficuWes thnt do not exist in any other agricultural dis- their govE}l'nmentt Does anyhody suppose that King Kalakaua after trict of which I have ever read, and I invite the Senators from Ore- awhile will be wandering on tnose bald mountains, monarch of all he . 1876. CONGRESSIONAL RECORD-·SENATE. 5565 surveys, 'Yithout a subject and offering his crown and scepter to any- Mr. NORWOOD. Mr. President, when I was inteiTUpted by my one that will accept itt No, sir; King Kalakaua ha.q far more king- friend from West Virginia I was showing that. we are endangering craft thau the United States Government. He sees w.hat his necessi- the interest of a helpless people. There are about a half million· of ties are and he sees exactly what are the appliances to be brought to colored people in the State of Georgia, and yet their aggregate 'vealth bear in order to meet them. And with a. free market for his su~ar is only about $7,000,000. ' and rice, with the abundance of land which he has to cultivate, With But., Mr. President, suppose we should acquire the islands, what the fertility of that soil, he knows that population will flow in upon will they be when we get them f Upon this head the ineonsistency him and that it will not be long before the depopulation will be of the Senator from California strikes me as remarkable. He made checked and the increa.se of population will be vast. a long and able argument here not long ago to satisfy tho American But is there any likelihood that he would ever propose to be an- people tba.t the importation of the cooly labor upon the Pacific coast nexed to the United States! On that subject let me refer again to and the immigration of Chinese should be stopped. Tbe Americans .Mr. Nordhoff. Mr. Nordhoff considers the question as to whether on the Pacific slope are drivin_&" the Chinese away. But where do we there is any probability of this king surrendering his scepter; and as find th~m when they leave \Jalifornia T Have they gone back to to whether even his subjects will ever consent that it shalll?e done. China f No, sir. They have lodged just where we shoold naturally He says there is no desire on the part of the inhabitants to be an- expect them to drift-upon the Hawaiian Islands-and lodged· there nexed to the United States; even the half-caste population and th~ because the proiluction of sugar and the production of rice have in- Chinese in their poverty and squalor are unwilling to be annexed t{) vited them. the United States. But when we shall give them the means to have Now, suppose that tbe treaty be carded into effect, and suppose~ wealth, and an annual tribute of from half a. million to a million and which I never believe will occur-that we shall acquire these islands, a half of dollars in duties, which they would otherwise pay, we will what do we get T ·Do we get American population t Do we get the defeat the purpose we have in view, and make it, by our own act, ut- thrifty and hardy sons of New England, or of tbe South, or the West T terly impossible that we shall acquire these islands except by force On the contrary, we shall acquire t.he native population of the Ha- of arnis. waiian Islands, and t.he cooly population that would be introduced Now I call attention to the fact that the estimated area of sugar- there as laborers, and tbe half-breeds that will be produced by'the cane lands on these islands is 100,000 acres. There are thirty-two intermarriage of these two classes of people; and who will be tbe sugar plantations now under cultivation. Those thirty-two planta- capitalists, the people who will be tbe masters of the islands l They tions em brace less than ten thousand acres. I make ali beral estimate; will be Americans, it is true; but their 'Proportion to tbe laboring and those plantations produce now ~bout twenty-five million pmmds population on those islands will not lie as 1 to 50. The capital will of su~ar, to say nothing of the molasses. The Commercial Relations, be carried there by them, the profits will be reaped by them; and all whicn I bold in my band, says: the interests npon those isl~tnds will be owned by them; but the peo- This group is capable of sustaining n. population of at least hn.lf a million souls, · ple will be but a cooly colony. and of producing for export a hundred million pounds of sugar, and fifty million The honorable Senator from California is very eager in his endeav- poa.nds of rice; an equal amount of manila and ramie-hen:p, and other product& ors to have this bill pass; but his endeavors are tending to the con- The· product of an acre in those islands, we ate told by several summation of a result which I dare say he does not desire. He does authorities, on the average is two· and one-half tons of sugar; that not want even by imnngration auy more Chinese in tbe United States. six tons of sugar can be raised, and in one instance upon seven acres Ho certainly would not advocate the admission-of a cooly colony as of land fifty tons of sugar were raised. In this country an average one of the United States; and yet we can acquire no benefits from crop of sno-ar per acre is one ton. · it further than we have now in our commercial relations or had under · Mr. \VEST. That is a very liberal average. the treaty existing before this treaty was negoti.ated, unless we do Mr. NORWOOD. I put it in order to show that upon these islands annex them to our Government. they can produce two and a half times as much as we can on an Mr. President, I have shown that tbe Government of tbe United average yield, and that when they bring their 100,000 acres of land States in an economical point of view would not be benefited by the into cultivation they will produce 400,000,000 tons of sugar. passage of this bill. ·I have shown; I think, that the acquisition of The ne.x:t proposition is, suppose that we acquire these islands, what these islands is of no very great importance to our Government in a will they costtbe United States f I have shown that even if tbe pop- military point of view. The Government of the United States, there- ulation were so diminished that we can have the hope of ,acquiring fore, I Bay is in no sense interested in this treaty. The people of the the islands, it will take fifty years. At the beginning of this treaty United States will not be benefited by it. On the contrary we are we will surrender a half million of duties annually on rice a.nd tmgar, paying out a vaat amount of revenue in grasping a.fter a shadow. and it is but reasonable to assume that tbe increased production and But, sir, there are some who will be benefit,ed by the passage of consequent increased importation into the United States will soon this bill, but the number is very small. They are a few capitalists swell our loss to between one and two milUons annually. So that who reside in Boston and New York and San Francisco. The' class at t.ho end of fifty years the cost to tbe Government of tbe United in Boston and ~\cw York are those who own· the sugar plantations States would be between fifty and a hundred millions of dollars. Put- upon the islands. I bave tbe statistics here which I will quote. ting it at $1,000,000 a year, it is $50,000,000; putting it at $2,000,000 There are upon the islands in operation now thirty-two sugar planta- a year, which would be a rea.sonable allowance upon the production tiOifs, and of that number twenty-five are owned by American citi- of these islands, we should pay $100,000,000. · zens. There are iu San Francisco a few sugar refiners who are in- Mr. DAVIS. While the Senator is on that 'point I should like to stigating this treat.y for their own advantage. have him state what amount of revenue he thinks would be lost by With the duty off, they can make a profit upon their sugare that the treaty. I did not hear the Senator's statement. cannot be thought of by the producers of suga~ in the United States, Mr. NORWOOD. I will repeat, although I have stated it and so and they can finally run the su~ars that are produced in Louisiana has the Senator from Louisiana, [Mr. WEST.] · ' and other points in the United ~taLes out of the market. This will Mr. DAVIS. I heard the statement of the Senator from Louisiana., ·,appear by a very easy calculation. It is sai(l by our friends that the and I want to see whether the tw9 statements agree. sugar will never pass beyond the Pacific coast ; that it will never Mr. NOR\VOOD. The amount of revenue that is derived by the reach the Atlantic coast. This is a mistake. At the present time imports of the Hawaiian Islands is about half a million dollars. Am sugar, molasses, and rice are imported· from the Hawaiian Islands I correctT into tbe Atlantic ports. Iu one notable instance a small shipment Mr. WEST. Yes, sir. . of molasses came around the Cape, went to New York, 1hence to New ~1r. NORWOOD. AnQ. the amount of trade, I will state, as I ~now Orleans, and was sold at a profit. Over sixty-seven thousand pounds 1 assiug on that subject, that the United States Government has with of rice within a short time were imported from thol5e islands into the those islands upon which we make a profit, I mean the gross trooe, Atlantic ports. is about $o00,000, so that we are now paying five-eighths of the I mention t.hese facts simply to show that the assumptioathat the amount of trade that we have for the privilege of this treaty. rice and sugar from the Hawaiian Islands will never interfere with Mr. WEST. Will the Senator yield to meT the rice and sugar produced on tbe Atlantic Coast is entirely without Mr. NORWOOD. Certainly. foundation. With a duty of two and one-half cents on rice and an . Mr. WEST. I wish tbe Senator to allow me to contribute somewhat average duty of about three cents upon su~ar and of five cents agal- to the reply which tbe Senator from West Virginia desired in regard lon upon molasses, those articles have already been imported and t.o the commerce that is to accrue to this country if this treaty is rati- sold at a profit in our Atlantic porl8. fied. I read from an official presentation of this case as made by the The sugar and rice planters in Hawaii and the refiners in Califor- commissioners of the Sandwich Islands as au inducement for the rati- nia will be benefited by this treaty. There are no other persons who fication of this t1:eaty: are interested in it. . Are the people of California interested in this The total value of articles imported into the Hawaiian Islancls, included in the bill T If you will except the sugar refiners, they are not. And why treaty of 1866, which are proposed to be admitted into the Hawaiian port-s free of do I say soT The cost of transporting sugar from the Atlan~ c States duty, amounted to $1,003,424.86, of which $483,711.76 came from the United States, and California is about equal to the dnty npon sugar imported into and $519,713.10 came fr·om other countries ; but under such a treaty- the United States, so that when the l?roducer of sugar comes from Meaning the treaty under consideration- Honolulu with his cargo to San Francisco and puts it upon the -mar- with its advanta~es favoring .American productions, most, if not all, would oome ket for sale the only competition he will have will be thd sugars that from the United ;:,t.ates. have been introduced from other countries subject to duty or sugars In other words, that we may expect to get most, if not all, of a trade that may be shipped from the Atlantic coast over the continent with of $500,000. the freight added, so that be will be enabled to command his own CONGRESSIONAL RECORD-SENATE. AUGUST 14, price, which cannot be affected except by the . price of other sugars as diverse as the white and the black when you separate their mutual with the duty or the freight added. . interests. With the white race it is different; with the Mongolian A word as to who will be injured by carrying this treaty into effect; race it might be different; but between those races which are the an- and this is the saddest part of this question. There is a class of peo- tipodes of the human family such can never be the result. Therefore ple who will be injured by it, and that elMS I in part represent:. The I appeal to those who have been philanthropic to this race not now to Senator from California hoped that this question would not oe con- turn their backs upon t.hem. What kind of humanity is that wbich sidered in a sectional light. I do not propose to treat it in a sectional will deny sustenance to this people! What kind of philanthropy is light at all; but I do propose to say a few words in reference to a that which will now turn its back upon them and legislate for ·t he class of people who live mainly in but one section of this country1 heathens in the Pacific Ocean f What kind of statesmanship is that which elMS of people are more interest¢ in thq defeat of this bill ana which will strike down two of the great industrial interests of this the non-fulfillment of this treaty than all the United States besides, country, rice aml sugar, for the purpose of stimulating them in tbe because upon the duty that now is imposed upon sugar and rice their far-off islands of the sea f livelihood depends. The production of rice in the South has gone on ~ I say that there is not only imminent danger of your destroying increasing, until its production from 1865 to 1875 bas increased, in the rice and the sugar interests of the South aml turning loose three round numbers, from 11,000,000 pounds to 82,000,000 pounds f Why hundred thousand blacks to run as savages through the wilderness bas that increase taken place f Simply because two and a half cents and of desolating a rich and a fruitful tract of country which has a pot!nd duty was imposed upon rice, and but for that there is not a hitherto bloomed and blossomed under cultivation by the black race single rice plantation in the whole~£ the South that would not have managed by the white race. but that you will reduce that population been abandoned at the close of the war. Rice-planters have been to a condition of starvation; for when the white man of the South here before the Committee on Foreign Relations, and on a former oc- shall withdraw his helping band from the black man, he will be help- casion before the Committee on Finance, and they have shown that less and will go baek to a state of barbarism. • . their profits lie within the duty that is imposed on rice. The price .Mr. President, if it was only a conjecture and a reason:~ble conjec- of rice from eleven and a half cents in 1865 has fallen to five and a ture made to the mind of this Senate that it wonlcl imperil the inter- a half cents. Take two and half cents from five and a half cents and est of this people, it should give them pause. This Hawaiian treaty yon reduce the price of rice below the cost of production. It cannot is a matter of no great consideration. I have shown that but few be produced at three cents a pound. · people are interested in it. I have shown that the Government will I hold in my band a memol'ial that was laitl before the Committee lose revenue by it annually. I have shown that there is no prospect on Foreign Relations. It is signed by delegations from South Caro- of ever acquiring those islands and if we should that it will be at the lina, Georgia, and Louisiana, and sets forth the merits of this ques- e~d of fifty ~ears, long after all who a1·e within the sound of my voice tion. I call attention to these facts, that dependent upon the protluc- will be sleepmg beneath the sod. I have shown that instead of ac- tion of rice and sugar in Sooth Carolina, Georgia, and Louisiana, quiring them we are now setting upon foot a process bv which we there are over two hundred and fifty thousand people, and or that will make it impossible that we shall ever acquire them, 'because we number the whites are so. small a proportion that they are not wor1h are now building up a kingdom, that otherwise wonld perish. 'Ve considering in the estimate. There is invested in the State of Loui- are stimulating a kinrrdom, whereas, if we bold our bands off the siana a total of $80,000,000 employed in producing su~ar and rice. If probability is that, u~ess immigration shall increase there without this treaty is carried into effect, to put the question m the~ simplest this stimulus, that population would gradually die away. aml then form to prevent all exaggeration, the interest of these people will be they mi~llt make application to become a sister-republic instead of hazarded by the Government of the United States. I go further and continumg as a k_ingdom. I have shown these things; and I say that say that we are not only periling the interests of those people, bnt I the bare snggestwn that we may destroy the inte,rests of the black have shown you that the stimulus of t]¥)se products in these islands race should make us recede. What greater cruelty can be practiced will be such that those products will be brought in competition with by this Congress than to impose upon the ignorant colored men of the sugar and rice produced in the United States, and will finally this country f When I say impose upon them I do not mean hood- bear down the prices of those products until they will go below the winking them, deceiving them, cheating them; but I mean that im- cost of production; and when that occurs the cultivation of sugar position which carries them to the earth beneath a wei~bt which they and rice in the United States must be abandoned. My honorable cannot be~r. Yet those wbo . ~ave set them upon their feet propose friend from Connecticut [Mr. EATON] smiles ·at the idea of the pro- now to stnke them to the earth again and put them in a far worse duction of rice and sugar in this country ever being abandoned. condition than they were in before. Then they had masters ; those Mr. EATON. No; but that it should be abandoned owing to the masters had an interest in them; they cared for them; they healed production in the Sandwich Islands. them when they were sick and ministered to their wants. They did Mr~NORWOOD. If my honomble friend bad done me the honor to it not only from interest, but humanity; but if yon break the bond listen to the statistics which I ba.ve given, showing how large an ofinterest that holds the white and the black together in the South, amount of rice and sugar can be produced in those islands, he would the end will be want first and destruction after to the blacks. not smile. He would have observed that rice already bas been im- Wisdom suggests .that we should foster our own people rather than ported into this country from those islands with a duty of two and a the heathen in the isles of the sea. Enlightened statesmanship looks half .cents a pound on it and sold at a profit, and be wonJd have ob- first to home, and then lopks abroad.. Philanthropy ca11: tdisplaee the regular order. and reconstruct when you will have a discordant element that no power Mr. WINDOM. I present the report of the copference committee can control. You never can unite in close bonds of sympathy two races on the Indian appropriation bill. 1876. CONGRESSIONAL RECORD-SENATE. 5567 Mr. EDMUNDS. There is no need to read it at this present mo- or with Switzerland or Italy in relation to silks' There is DO stop- ment. Let it be read when we act upon it. ping-place when you once enter upon this policy; therefore I say it The PRESIDENT pro ternpcrre. Does the Senator desire the present is a policy clearly uu-American and anti-republican. consideration of the report T Then, in addition to that view, when we.come to look at its finan- .Mr. EDMUNDS. I do not wish it read at t.his moment, until we cial aspect, in its effects upon the country, taking a broad view of it, consider it. I do not ask it to go over until to-morrow, but that it be I hold that it is clearly onr duty not to do anything that would gre:ttly laid aside for the present. injure the sugar-producing interests of this country. It is an article The PRESIDENT pro tempore. The report will lie on the table for "that we consume so very largely and which we pay for mainly in coin the present. to other countries, that by every possible means we ought to encour- SIXTEENTH AND SEVENTEE..""'TH JOINT RULES. age the growth of both the cane sugar 'IDd of beet sugar; but this Mr. EDMUNDS. May I ask the Senator from California to allow is a measure which is calculated to act disastrously upon both of those to be taken up, a.s a. matter of courtesy t.o the House, a. rasolution the interests. It may be asked how. I assert that the effect will be pre- House has sent here suspending, as they supposed, the sixteenth and cisely the same that it would be if the same amount of sugar should be seventeenth joint rules T smuggled free of duty into the country. What would be the effect Mr. SARGENT. If it will not lead to debate. of smuggling 25,000,000 pounds of sugar into this con~try f We Mr. EDMUNDS. It should not lead to debate. If it does, we can all know that it would operat-e to the great injury of all those who lay it over. . are en~aged in the bUBiness of importing sugar into this cormtry. Mr. SARGENT. I will yield subject to a call for the regular order. Take tne port of Portland; and I am sorry not to see my friend, the The PRESIDENT pro tempore laid before the Senate the following Senator from Maine [Mr. !IA.MLIN] in his seat. The port of Portland, concnrrent resolqtion of the House of Representatives: Maine, h38 been built up by the molasses and sugar trade of the West India Islands, and its present prosperity largely tlepends upon that Ruolved by the House of Representatives, (the Senate concurring,) That the six. teenth and seventeenth jomt rules be suspended for tho remainder of the session. interest. How will.his constituents like it to have that interest seri- ously embarrassed, as it will be, by this measure! We know that at Mr. EDMUNDS. On that subject I offer the following resolution: the present time Cuba has raised or is about to raise her export duties Resol11ed, That the resolution of the Honse of Representatives presont~d thls day in the following words : "Resolved by the Home of Representatives, (the Senate con- upon sugar. Of courst> that increases the profits upon the importa- curring,) That the sixteenth and seventeenth joint niles be sns~nded for there- tion of Hawaiian sugar, and if it operates upon the interests of su~ar mainder of t.he session," be respectfully returned to the Honse of Representatives, importers on the Atlantic coast as the large frauds in the smuggling with the statement. that as the Honse of Representatives has not notified the Sen- of silks a year or two since operated in New York, it will confuse and ate of the adoption of joint rnles for this present session, aa proposed by the res- olution of the Senate of the 20th day of January last and transmitted to the Honse destroy the profit-s of the whole year's business. While I am disposed of Representatives on the 22d day of the same month, there are no joint rules in to hold treason as a great crime, yet I am the last man who would force. strike down the national interests of our southern brethren-prosperity BY unanimous consent, the Senate proceeded to consider the reso- makes good citizens-and I regard this as a mea.sure affecting gr~at lution. · and vital interests of the South. Instead of doing anything to dis- The PRESIDENT pro tempare. The question is on agreeing to the courage the growth of sugar and of rice in the Southern States we resolution offered by the Senator from Vermont. · ought b;y every possiule means with any, even ordinary, statesman- The resolution was agreed to. ship to rncrease the products, both as a. profit to that community ENROLLED BILL SIGNED. and to prevent the large aun'lal exportation of coin for the payment of our imports of foreign sugar and rice. . A message from the House of Representatives, by Mr. G. M. .ADAMS, measure will not be ·likely to operate much to the benefit, a.s ita Clerk, announced that the Speaker pro ternpote of the House had myThis friend from California thinks, of California. The cost of sugar to signed the enrolled bill (H. R. No.1594) making appropriations for the consumers will be diminished but very little. There are but a small consular and diplomatic service of the Government for the year end- number there engaged in sugar refineries, and tAey are the only class ing June 30, 1877, nnd for other purposes; and it was thereupon signed of people who will be largely benefited by it. If they have notal- by the President PJ'O t~mpore. ready made bargains with the sugar producers of Hawaii by which THE HAWA.IIA.J."'f TREATY. they are to share some portions of the profits which will be derived The Senate, as in Committee of the Whole, resumed the consider- from the entrance of the sugars free of dnty, their profits will not be . ation of the bill (H. R. No. 612) to carry into effect a ·convention be- very large, and in the en£1 the Hawaiian sugars will rise in grade aud tween the United States of America and HiR Majesty the King of the no longer need much refinins:. There are none of the sugar plantations Hawaiian Islands, signed on the 30th day of January, 1875. which are owned by Hawruians. They are all owned by Americans Mr. MORRILL. Mr. President, I should deem myself wanting in and other foreigners. If this was to benefit the people of Hawaii we my duty if I consumed at t.his late hour any considemble 5lme of the might look upon it with more tolerance, but the people of Hawaii are Senate in debating the question now under consideration; but I nn willing to labor; they love idleness and- dissipation, and they have should consider myself mor~ wanting if I were to allow the measure already by the action of their Legislative Assembly sent out agents in to pass in silence. The Senator from California seems to have taken order to obtain Chinese cooly laborers to supply their expected wants. the charge of this bill, and the Committee on Foreign Relations ap- I find in a Hawaiian paper which is upon my desk that they appro- pear to have abdicated all·control over it. I regret that this seems priated in the Legislative Assembly $5,000 to send to China for Chineso to indicate that there is a greater local interest than general interest in laborers, and the act of the agent was criticised in their legislative the bill. It was argued bythe_Senator from California that there was halls because inst-ead of going to China for these coolies he went to something of honor involved on the part of the Senate in passing the San Francisco, and obtained four hundred of them. This shows how bill at the present time. I hold that the Senate is as independent of little interest the people of Hn.waii have in t.his matter. the Executive as it is of the House, and in this bill, where it was es- When this treaty was under consideration .it was represented that pecially provided in the treaty from which it originated or which was it would cost the Government of the United States in its Treasury De- the cause of this bill, that the treaty should not go into operation until partment but $370,000. I want to show that, basing the estimate the laws necessary to carry it into effect should be passed by Congress, upon the returns of last year, ending December 31, 1875, the loss would it is clear that the8enatetranscend nothing beyond theirordinaryduty have been $530,000. For the last four months the loss would have been in giving thi~ bill a. thorough scrutiny, and may pass or reject it solely. $200,090.0-1, and showing that even for the present year it will be over I am quite ready to concede that a body that pa.ssed upon a treaty by 600,000. There is no one who is acquainted at all with the facts who a two-thirds majority is quite capable of pa.ssing the bill carrying it does not t>stimate that this prod oct will not only be largely increased, into effect by a majority; but so far as our powers or duties are con- but whatever they have heretofore sent to other conntries or con- cerned we are as free to pass upon the merits of this question now a..s sumed themselves will be at once sent here; because insteacl of con- we were originally; as free as Adam when he left Paradise with all suming their own sugar they will import sugars from abroad in order the world before him where to choose. to obtain the profit of duties that are relinquished upon whatever I only desire to consider this question in relation to its national they may send here, where they will obtain the same prices received and political aspects for a moment, not in ita local bearing, but to as- on duty-paid sugars. certain whether it is in harmony with American institutions or not. In addition, no one can soberly·deny but what the amount of the I say for one that it is wholly un-American. It is in conformity with sugar products and rice products in Hawaii may be largely increased. the traditions of monarchy, and not in harmony with the idea of a Unquestionably they can be very largely increased, at least to four republican form of government. Under monarchical forms of govern- ~imes their present amount, which would amount t.o something like ment it is true that the executive holds almost omnipot-ent power in a. loss of two million and a half dollars of revenue annually. We rela-tion to treaties, and often in relation even to taxation; but not so are to pay this to a sugar-producing country where our trade is now under a republican form of government, and especially not so in rela- in a more healthy state than with any other surrar-producing coun- tion to this bill. Our Constitution provides that all revenue bills try in the world. It is a little singular that in selecting this country shall originate in the House of Representatives. Where did this with which to make a reciprocity treaty in relation to sugars we bill really originate f Clearly it originated in the State Depart- should have selected the very place in all the world where our trade ment, where the treaty was made, and not in the House of Represent- is in a healthy condition. Instead of going to some other country to atives. It is therefore, in my judgment, not only a plain violation which we export but a sma.ll amount in comparison with the amoul).t of the spirit of the Constitution, bnt it is of the most vicious char- of our importations, we go to Hawaii, where the only balance that we acter; for if the Executive and the Senate may interfere an<.l make a really paid last. year in coin was $40,000 of-silver. treaty with so unimportant a kingdom as the Hawaiian Islands, we It seems- to me very extraordinary that this should have been done. may make it with all other po~ers. If we may make it with Hawaii We are not to gain anything iu trade with Hawaii, f\S we already in relation to sugar and rice, w by not with Norway in relation to iron, nearly monopolize it. The ouly increase of their populution in con- 5568 CONGRESSIONAL RECORD-SENATE. AUGUST 14, sequence of this treaty will be the increase of the cooly population find is indispensable, if they would prevent these fraudti. We have which does not and caQnot., as is quite notorious, consume a.ny large now a law, section 1731 of the Revised Statutes: amount of our manufactures. The amount of gain that we are to H any c.onsnl, vice-oontml, commercial agent, or VIce commercial agent falsely have in this affair is the relinquishment of only about thirty or forty nnd knowingly certifies that property belonging to forei~ers is 'Property bolong- thoasand dollars of Hawaiian duties now levied upon the American ing to citizens of the Unite(j_ Stat~s. be shall be punishable by imprtsonment for not manufacturers. If there is any member of the Committee on Foreign more than three years and by a. fine of not more than $10,000. Relations here I should like to ask him what is the Hawaiian duty I want to impose a fine; th'at, if he shall certify ,that any sugar or upon lumber. I tl,llnk it is a matter that the Committee on Foreign rice is the product of Hawaii when it is not, there shall be a law to Relations ought to know and probably do know something al)out. punish the offense. I will say to Senators that while the Secreta.ry Mr. SARGENT. Ten percent. 11dt:alm·ern. • of the Treasury has power to issue rules aod regulutions, he hfts no Mr. MORRILL. I t.hink it is not that. I know that a very con- power to punish for a violation of such rules and regulations. There- siderable amount of our exportations are now free, and there is but fore while I know t.hat my friend from California will be impatient 10 per cent. levied upon anything that I am aware of. They must at the slightest reference to any amendment, though it is merely to have provisions, breadstuffs, and meat, and they must also have lum- pre\"ent a large amount of frauds, yet I do insist that in point of even ber. I (lo not know what the amount of duty upon lumber is, but decent legislation such an amendment is indispensable and will not that is one of the largest items that ·is in the trade. For this petty in the least hazard the passage of the bilL I present the following sum that they are to relinquish, thirty or forty thousand dollars, we amendments and ask that they be read. are to relinquish somewhere about $600,000 this year, and more here- The PRESIDENT pro ternpo1·e. The Senatorfrom Vermont proposes after, increasing year aft-er year until the expiration of the treaty. amendments, which will be read. · · !consider this one of the worst possible bm·gains that ever was The CHIEF CLERK. Inline22,afterthAword "forc~,!'itismoved present.e d to the American Senate. Usually it has been claimed that' to insert" subject, however, to be suspended whenever the conditions the Americans in diplomacy have been the equals of other nations; and stipulations contained in articles 2 and 4 of said convention shall but here w~ allow oUI'86lves, by long importunity touching a measure not be faithlully observed by His Majesty the King of the Hawaiian that ha.s 'Qeen pending and pushed for ten years, at last to be cheated Islands." more ~ban 10 or 20 to 1 in a matter of dollars and cents, and much .Mr. MORRILL. That is in accordance with the usual practice on- more than that as a question of na.tional economy. In relation to der such treaties, and there is no provision by which this treaty can these poor people ·out there, I. see nn account in this paper, already be terminated short of waiting until Congress should convene, pro- referred to, as to their legislature, composed of nobles and representa- vided the Hawaiian government should at any time fail to execute tives. This paper says: it according to its ter.ms. I wish to leave power in the Executive to A month has elapsed since the Assembly met, and the policy of the government, terminat-e this treaty if they shall so fail at any time. That is one as it may bo.g~theied from the tmdget-tli? only tangible ntteranoe th.1,t has come amendment. There are others. Let them be read. from the numstry-may- be summed up ill those words: "More Chinese,"" In- Mr. BOUTWELL. There are three reasons in way of objection to creased expenditures and increased debt." the amendment, either of which in my opinion is fatal to it or suffi- Mr. EDMUNDS. "What paper is that f cient to sbow that the amendment itself is unnecessary. The first is Mr. :MORRILL. It is The Pacific Commercial Advertiser, published that the Hawaiiun government, if this treaty boat all favorable to the at Honolulu, Hawaii, under date of June 3, 18iG. Then again, I find people of that country, and especially if it be favorable to that peo- in lo~king o~er it~ several matt-e!li. of in_terest:. ple in any degree proportionate to the representations made by Sen- < Dnnng the discussiOn npon the resolution., q.s 1s nsnal ill the assembly- a tors upon this floor who oppose the bilJ, will prevent by their own That is, upon the discussion of tho vote of the want of confidence poliey and their own conduct any fraudulent practices in their oos- in the ministry, I believe- tom-houses. That first reason is connected with tho secoml, which a. great deal of irrelevant talk was introduced about the useless nature of the is-- treaty, some declaring it would er, or manufacturer, and the certificate of the consul, vice-consnl, commercial Chinese were taken on board the vessel chartered, and on what terms they l\l'e to agent, or vice.commorcial agent, that any articles of morch:mc}.iso proposed to be be landed here," &c. expol'ted from tbollawaiian Isl:mdsand to be ootnittedioto the portR of tho United So that it appears the negotiation of this treaty is to make the bnsi- States of America. free of duty under lhe first article of t~.o convention aforesaid · . . . . . . are tho growth and produce or manufacture of the Hawauan Islands, as may be ness of UI~portmg Chmese ~nto Honolulu a lively aff:ur, aml that, I necessary for the pl'otection of the revenue a.n.d in conformity to article 3 of the suppose, would not be v-ery dll!agreeable to my friend, the ~ator from aforesaid convention. Californig,, who uttered one of the most vehement philippics against SEc. 3. Tbnt if any oonsul,,vice-cons~l. commercial agent, ~r vice-commercial the importation of such persons into San Francisco that 1 remember agent shall falsely nnd knoWlllg~~ certify that any mercban(llse. about to b~ ex- . · . . . . . ported from any p011. of the Hawauau Islands to any port.of tho Umtod Stab~s JS of ever to have _heard. Still the Sen~tor 1t 18 fatr to presume lS m favor the ~wth and produce or manufacture of the Hawaiian Islnnds, be shall on con- of having thl8 ~ort of population mcre~sed_there, and in the end we vict10n. thereof many com~ of Ct?mpetontjurisdiction for!eit a.ml pay a fino of uot are to take the Isla.nd under our flag With 1ts population and what- exceedmg .$10,000, at tho discretion of the court, and be unpnsoned for any term ever incumbrances may exist. not exceOOi.ng three years. Mr. President, I do not feel authorized to consume any great length Mr. BOUTWELL. Mr. President, those supplementary clauses of time on this subject; bot, as I feel that this treaty is destined to seem to relate to the main proposition which is first stated in the be terminated at the very earliest opportunity that the Congress can amendment, umi would not therefore change the views which I en- lay hands upon it and with m01·e alacrity even than was the reci- tertain concerning the proposition itself. procity treaty with Canada terminated, I desire to prevent, as much First, then, it is not necessary, because the Hawaiian government as possible, some of the mischiefs likely to arise in consequence of has a reason for fulfilling t1e treaty in its precise intent, which is insufficient laws upon the statute-books to punish fraud in relation strong in proportion to the advantages which the people of that conn- to any importations from Hawaii not entitled to the benefits of this try are to derive from the treaty; and just as strong as is the opinion reciprocity tariff. It is obvious that there will be a very large temp- or the representation of the Senator from Vermont or his associates tation to fr::t.ud when they send their sugar here, not worth perhaps who oppose this treaty that it is advantageous to the people of but a little more than the amount of the duty imposed upon it and Hawaii, just in that proportion is tho strength of our security that they will be lik.ely to send wh11ot are not strictly the product.s of they will maintain inviolate the treaty in this particular. Hawaii. We have no rules or regulations now which would author- Mr, MORRILL. If the Senator will excuse me, I have not repre- ize our consuls there to as~ertaiu about that fact and to punish any sented that this was going to be any advantage to the people of Ha.- attempt that might be made fraudulently to take East India sugars waii, but only to the planters. I think it will not be of any advan- and send them her& for the products of Hawaii. I morely desire to tacre t.o the people. offer an amendment to the bill that shall remedy this defect. Other- i1r. BOUTWELL. I will ask the Senator by what process he sop- wise yon leave the door open to the introduction of any amount of poses this treaty has been attained on the part of Hawaii; tha.t is, rice and sugar in a fraudulent way, for you cannot distinguish tho what influences in the islands have induced the Government to assent different kinds of rice, whether one is the product of Hawaii nr the to the treatyf product of China, nor Cl.J.U Hawaiian sugar be-distinguished from that Mr. MORRILL. I would rather not discuss the in.ftuences that of India. It need not be said, as it may be by some who are very have brought about this treaty. zealous for the sudden and instant passage of this bill, that the Mr. BOUTWELL. Then I will assume one of two influences, House of Representatives will not be willing to pass an amendment either derived from the people of whom we speak on the one hand, that shall bar out this opportunity for francl. I therefore ask the who as is said by the Senator from Vermont are not to derive any n.d candid judgment of the Senate upon an amendment which I shall vantages from this treaty, and therefore it follows that they hu.d no propose and which SeMtors, if they will examine the subject, will power in making the treaty and will have no interest in keeping it, 1876. CONGRESSIONAL RECORD-SENATE. 5569 and hen~e will have no capacity to annul it. But if there are people now seek aid and protection somewhere else. If we reject this treaty in the Hawaiian Islands who are interested in this treaty, the proba- we transfer these islands eHher to l!.,rance or to Great Britain, and we bililiy is tlw,t they had some agency in the process on the part of the diminish our markets, we diminish our political power, we limit the Hawaiian government by which it waa secured, and the influence of influence of our instJ.tutions, we circumscribe American ideas, we tha,t body of people in the Hawaiian Islantls will remain and their retard the progress of American civilization in its advance westward. influ~nce will be exerted to secure the faithful performance of the Any one of these considerations is worth more to the people of this stipulations contained in the treaty, and they will exert them elves country than the one-half million or more dollars that you say will in that direction just in proportion to the advantages they derive be lost by this treaty. from jt. Mr. HITCHCOCK. I move that the Senate lay aside the pending Further, the amendment is entirely unnecessary from the circum- order informally that we can take up the concurrent resolution for stance that it proposes that when the Hawaiian government violates adjournment. the treaty the treaty shall be abrogated. We do not need legi!;lation Mr. SARGENT. I understand we can have a vote on this proposi- to secure that. By the well-understood and uniformly practiced law tion in a very short time. I believe there is only one other speech of nations, whenever a treaty is violated on the pa.r:t of one of the to be made. I make this suggestion to the Sen!tte: that by going on contracting parties the other contracting party has a right to annul I wit.hout taking a recess we can adjourn the Senate by midnight. If the treaty ; and therefore we do not need to legislate, because we we waste time in the discussion of the order of business we cannot have better security than legit~lation can furnish. If the treaty is not do it. Now let us run on smoothly, and I have no doubt we can ad- faithfully kept by the Hawaiian government, we shnll have the right jorirn by t.hat time. in good faith and according to the law of nations to annul it. Mr. HITCHCOCK I have been waiting patiently nearly all day. Mr. SARGENT. Will the Senator allow me a moment to call his I have no disposition to interfere with the passage of the bill of the attention to the fact that tJle bill which is pending is au exact copy Senator. of the law found in voluwe 10 of the Statutes at Large to giveetlect Mr. SARGENT. I understand that; I make the suggestion in per- to the reciprocity t1·eaty with Canada, where the suhject was articles feet gootl faith. I think we can adjourn to-night. which were the growth or produce of Canada, New Brunswick, Nova Mr. HITCHCOCK. If we take up the resolution of adjournment Scot.ia, &c. We have followed the exact precedent. In regard to and fix a time-- · the penalties, the other portion of the amendment, section 5442 of Mr. SARGENT. That very thing may prevent our adjournment the Revised Statutes provides : because things may arise and Senators do not like to talk agains ttime~ Every consul, vice-conRul, commercial agent~ or vice-commercial agent who Mr. HITCHCOCK. If t.he time was fixed it certainly could be knowingly and fal~iely certifies to any invoice 01· o ~ber papers to which hls certifi- changed if a chango should be fonnd necessary. ca.te is by law authorized or required, shallue puuiAb&l by a fine of not more than Mr. SARGENT. I insist on the.regular order. $10,000 and by imprisonment for a te1·m not more than three years. Mr. HITCHCOCK. I tmppose the regular order is my motion. It applies to t.his; it applies to everything. 1\Ir. LOGAN. I insist on the regular ortl.er. Mr. BOUTWELL. But I beg to say to my honorable friend from Mr. HiTCHCOCK. That is my motion. I should like to test the Califoruia that a refere11ce to t.be proceedings of Congress in rega.rd sense of the Senate. I {eel as unwilling to interfere with this bill as ..to the r~ciprocity t1·eaty with Canada. would. be the most unwelcome anv one-- precedent for my friend from Vermont tha,t could be offered. Mr. SARGENT. We can get this out of the way in twenty min- Mr. SARGENT. That I am aware of. · ntes, I hope. l\1r. BOUTWELL. I imagine that his chief reason for objecting to Mr. MORTON. I ~uggest to the Senator to let the vote be taken ou this treaty is the apprehension he entertains that it may be a prece- the bill. dent at some future time for anuther reciprocity treaty with Canada. Mr. HITCHCOCK. If the vote can be taken, I shall not interpose. or some ot.ber country on ~orne side of om· own territory. Mr. SARGENT. I understand that one Senator wishes to state But the third reason is that the amendment is for the time being his views merely, not occupying much time. Then I believe we can fatal to the bill. We know perfeotly well that at this stage of the have a vote. I hope the Senator will with(lraw his motion. session to adopt an amendment to this bill and send it to tho House Mr. HITCHCOCK. I withdraw it for the present. is to dispose of it for this session of Congress. Mr. LOGAN. Mr. Presitl.ent, I desire to tl.etain the Senate but a. I do not olaim that because this Senate by a two-thirds ma-jority very few moments in reference to this question. I look npon the has ratified a treaty it is bound to pass such laws as are necessary ml:'asure as one of very great importance to this country, and I differ for the execution of the t1·~aty; but I do say that having ratified a with the views of certain Senators whose ideas seem to be in refer- treaty by a two-thirds majority, and the facts remaining substan- once to a question of this kind merely dollars and cents. I fear that tially as they were when the treaty was ratified, this Senate cannot our statesmanship of to-day appertaining to all of us differs very rna- take a different position or fail to carry into effect its own treaty rati- terially from what American statesmanship w ..ts in times gone by. It fied after debate and due consideration. If there were new facts, if ' was once considereu good statesmanship to look somewhat to the thero ·was any disclosure of any improper proceedings concernin" the future and the great development of this country and at that which negotiationortheratificationofthetreaty,ifin any~ense itwasc~lcn- would aid in its development aml advancement; bnt nowadays it lated toproduceresnltsdifferentfrom those anticipated at the time the seems to be statesmanship whenever a question arises to take out a treat.y W3.8 negotiated, then the Senate might take advantage of its pencil or a pen and cipher np how many five-cent pieces the United "sober second thought," supported by new facts and new information. States of America will lose at the present time if some measure shall But in this case nothing has occurred, and nothing, I may say, has be enacted into a law. been stated on the floor of the Senate in the debate upon this bill The idea that this proposition shonld be ciphered and figured on in that was not stated snbi;tantially, and 1 think indeed with more reference to dollars and cents, when the amount is a J?lere bagatelle elaboration and detail when the treaty itself was under considertion. at best., is something that strikes me as unsound in statesmanship. I accept this treaty and the consequences of this treaty not on ac- l\Iy friend from Georgia, [Mr. NORWOOD,] who has great sympathy count of the mere advantage ono way or the oth~r of the slight trade for tho laboring people of Georgia, the colored people-and I aJ.mire that is going on between theseislandt~ and the United States, and if the his sympathy for them-is very mnch alarn;ted, if this bill shoultl. losses of revenue were twice what they are shown to be it would not pass, for fear that some poor colored ma.n wtll not be employed to disturb me in my opinion t.hat as a measure of public policy this is do a day's labor in the cultivation of rice. Therefore he sayB this one of the best opportunities the country has had for the enlarge- !Jill is inhumanity it.self, becanse it destroys the labor of those peo- ruent of its trade and the advancement of its commercial influence in ple in the South that are 11ow eugage1l in rico cultivation. It wa.s the Pacific and toward the great nations t.hat lie upon the other side V6ry amusing to me. I do not know how it affectetl. other Senators. of the Pacific Ocean. If there be any reason which can be assigned The idea that the rice landetl. from the Hawaiia,n Islamls in s~u that has substance in it as tending to show the cause of· our present Francisco, or on the coast of California, should have an effect on rice- financial difficulties, the depression of trade, the loss i)f work, it is raising in Georgia, taking into cousidern.tion tho great dist:1oce of that as a great protl.ucing country, with immense inteller.tual re- travel, the manner of tmnsport::~.tion, and a,ll the item8 that must be sources applied to inventions and iwprovements, we have advanced taken into view, does strike me as something very extravn,gant. It in production beyoud the capacity of the markets we command; and would have just about the same effect upon rice production in Georgia, the country will, I IJelieve, enter upon a new career in this respect or in auy other State, that the tariff on ·a hand-saw would have on the looking to the hundreds of millions of people in China and Japan price of pigs in illinois; ju_s t about the same. · wlw are not our equals in the capacity to produce, but who still have So it is with my friend from Vermont, [Mr. MoRRILL.] Heister- the means of purchasing and consuming vast quantities of the pro- ribly alarmed too for fear the i::nportaf.ion of a few hogsh~atl.s of sugar ducts of the labor of our people and of our machinery. Now this is from the Hawaiian Isla,nds will aJfect the sugar crop or the p:rice of oue step in the right direction. It is not a very long step, but it is sugar in Louisiana. or some other southem district of country-Texas, half way toward the four or five hundred million p~uple on the other or somewhere el~e. Now, when we discover that the amount of dntie~; side of the Pacific Ocean. on n.ll the articles receivetl. in our Pacific ports from Hawaii is about Another reason to' my mind is that while we do not desire, and $300,000, how is that small amount of importation of sugar to affect certa;iuly for one I do not design, to annex these islands to the Louisia11a and affect Texas and affect the sugar-producing portion of United States, I still desire to see them in such a condition that the countr:}'' That is an o.rgument of cot1rse on a certain line, but ·it when the ruling class in that country shall disappear there shall be is an argument iu a narrow groove, one of the most narrow grooves established in the place of the present government a republican that any man's mintl. can possibly act in. What possible effect coUld Government under the control of Americans and animated by the the importation of this small amonnt have upou the sugar produc- ideas of Americans; and if we thrust these people away they must tion of our _country T I do not want to get into it; it is too small a IV-349 • 5570 CONGRESSIONAL RECORD-SENATE. AUGUST 14, business. I do not wish to take out my pencil and count the fh•e- Now, sir, my theory in reference to these islands and all other con- cent pieces that might be accumulated in future ages by continuing tiguous islands to the United States of America dotted around our these duties. I will say to my friend from Vermont, who r~presents coasts that stand as an outpost, that stand merely as the little com- an agricultural people, that the effect upon hia constituents of the pany of advance guard that yon send out in front of an army to look- taking off the tariff on suO'ar landed from the Hawaiian Islands on out and spy out the enemy, is that we ourselves in times gone by have the coast of California wni be just about the same that the tariff on not looked as well to our interest as we should have done. If we had, wool would have on the price of tobacco. If any man can calculate the outposts surrounding us to-day would have been in the possession that, that is about the influence it would have, and that is about the of the Government of the United States, and with these outposts in value of the arguments that have been made in reference to this onr possession this Government might defy the combined power of proposition. all the nations of the earth. When I say "outposts" I mean all those What is the proposition f The proposition to my mind is some- outposts which approach onr borders either east or west. I am for thing of more magnitude than this. It is a proposition haying at that kind o:f statesmanship that does look to the future and that does least grandness in it so far as the future is concerned. It strikes not wait until the time comes when we are called upon unprepared my mind the same as a question of this kind would if the Senator to make that exertion which the nation cannot without great prepa- from Georgia or the Senator from Vermont were in command of ration make. We have had some experience in reference to prepara- an army to-day moving on an enemy and they were approaching tions that are necessary to be made when a surprise comes upon us, close to one another and they found a stream of water and but one and the tale is told in the annals of this country in the last few y..ears, stream to furnish the soldiers with water; the question would arise in the annals in reference to its blood, in reference to its failures, in which one should get possession of that stream first, and there the reference to its successes, in reference to its expenditures. The tale fight would occur, as all men know who are conversant with these is amply unfolded there, giving warning to us that the necessity exists things. The question then for the benefit of the army is the ques- at all times to be ready for that which cometh at the hour we know tion of that water, the one that gets possession first. So when not of. armies opposed to each other find a hill in advance, either one, two, .Mr. WEST. Mr. President, the concluding remarks that have just or three miles, of the valleys where they are they naturally seek pos- been submitted by the Senator from Illinois meet my sanctiou ; there session of that hill as an outpost, to which the army can be moved is no difference of opinion between us on. that subject; but I contend for defensive purposes. That is one of the rules weal ways find closely in furtherance of that very idea, that the step that you are now about to adhered to when we are moving in matters of that kind. So it is be- take will defeat it virtually and positively; that you are about to so tween the governments of France, England, and the United States. subsidize these islands as to actually remove them beyond your do- These islands in the North Pacific are the on tposts of the western coast main or your possible occupation or ownership or them at a future of the United States of America; and in time of war they are like and a proper time. the hill or the stream of water that I have described to the United The Senator said in response to a question that I put to him a while States of America, and there the battle would occur for the possession ago that this treaty would so America.nize these llilands and so con- of the islands as a coaling station, and every man who has thought tribute to onr influence upon the spot that it would be an easy mat- on this question knows it to be a fact. Thellt the man who looks at ter at all times to maintain friemlly relations and profit by them. this matter, not as to the effect on this country in the future, but as Does he know what the history of our relations witlt the islands is at to the number of five-cent pieces we may lose or might lose by our the present time f Does he know that to-day they are as much Amer- action, is looking at it as I said in a very narrow groove. icanized as if the American flag flew over the islands f If he does Mr. WEST. Will the Senator yi{'ld to me to ask him a question T not, here is the only authentic history we have on the subject, and I Mr. LOGAN. Certainly. .. will read it to him. Mr. WEST. How will the ratification of this treaty contribute to Mr. LOGAN. I have read it. You will not adu to my information the military possession or the naval possession of these islands f by reading it. Mr. LOGAN. I will answer the Senator as best I can. It will con- Mr. WEST. It is very difficult ever to give the Senator from illi- tribute to it in this particular and in this way: If we do not ratify nois any information; but perhaps it may benefit some others. Mr. the treaty and pass a law carrying out the existing stipulations of Nordhoff says : the treaty, and by that means ha.ve the friendly relations existing It is plain that the island trade is so largely in our hands that no other nation ca.n between that government and ours that would naturally give us that be said to disput-e it with us. If our llag flew over Honolulu we could hardly ex:- right, and would naturally cause it, like the ripe apple on the tTee, to pect to have a. more complete monopoly of Hawaiian commerce tlJ.an we alrtmlly Moreover, almost all the sugar plantations, the most prouuctive :mel valu- fallintothehandsoftheone whofirstshakesthetree, we are prevented enjoy. able property on the islands, y sui.> i- not affiliate with us. If affiliation and sympathy and feeling exi!)t dizing them for the period of seven years. I repeat again, does it plant between the two governments, that naturally will in time to come one gun, does it raise any fortification, or contribute in any way to give us possession of the islands which are desirable to us at this or ou military or forcible maintenance of the islands against any at any other time. That is my answer. European power f Does not the Senator know that immediately Mr. WEST. As the Senator has kindly answered tha.t question to upon the outbreak of hostilities between this counky and Great his satisfaction, will he tell me how the Government of the United Britain, to use his own figure of speech, that would be "the very States by ratifying this treaty can hold these islands. against a strug- stream of water," that would be the very vantage-ground which gle with Great Britain, Without fortifications and defenses; and must would be sought to be occupied by both countries t If we wa.ut these we not necessarily after consummating this treaty so fortify these islands as a military protection, let us buy them, let us fortify them islands that we may make a stronghold there f and make them useful, but not give away the money of the people of Mr. LOGAN. That is a question that the Senator himself knows the United States in a useless piece of speculative diplomacy. has nothing on earth to do with the passage of this bill. The Senator from Massachusetts [Mr. BoUTWELL] spoke of the Mr. WEST. That may be, but I should like to have the Senator's great ad vance that thi ountry had made in production beyond theca- answer to it. pacity of consumption. He said that this was a step, but not a very Mr. LOGAN. Very well; I will give the Senator this answer: It long step, toward the commerce of the 400,000,000 or 500,000,000 peo- would not necessarily at all require us to fortify the islands. Our ple of the East. Yes, "it is a step, butnotavery long step." What friendly relations are a fortification in our favor to a certain extent are you reaching out and grasping forT The commerce of 50,000 peo- and give us the. right of occupancy in a time when we might be in ple, I repeat again, and that is all. What becomes of this magui fi- danger. It is the fortification of good-will toward this Government cent vision that looks to the increasing and growing industries of this which is as strong a fortification as that that may be made by mili- oountrv to be promoted by this meaBnre t It is a mere vision, auu e1u- tary science, and the only kind of a fortification that exists between braces ·no greater co~erce than pertains to one-third of tho popula- governments having friendly relations is the fortification of good-will, tion of this city. He said he did not care if it cost twice the treas- of kindly relations between the two. That is all the kinll of fortifi- ure, twice the estimate that was put upon it at the ex:peuse of t. lli~ cations that ca.n exist between governments. That is my answer to country so long aB we could acquire possession. Theu we are to tlll- that question, and if the Senator has another I \vill try to answer derstand that according to his estimates he is willing to ~:~pe JJtl ~~ . $4,000,000 a yearto get a treatywHh these islands; 28,000,000 frittered. It does seem to me that my friend from Vermont and my friend away in seven years for what T At the end of that time that peoplo from Georgia are trying to demonstrate the necessity in this c01mtry and those enriched sugar-planters on those islands will turn to yuu of adopting the Chinese-wall system, having no relations whatever and tell you, when they have had the benefit of your suhsitl.v for with any other nations of the earth; walling yourselves in until the seven years, they will eudeavor to maintain their iudependence. time of peril comes and then the walls must fall; walling yourselves Sir, the Senators on this floor who desire the acquisition of these in from that which every man by looking on the map can see is of islands by the ratification of this measnre:present the only stumbling- vast importance to ns now and will be in the future. Without going block that appears to my vision in the way of t.hat acquisition. We over the history of the recent war we find that vast importance was cannot acquire them under this proposition; it is iille to talk of iL~ attached to these islands at that time, and certainly it is not expected and due rerlection would bring us to that conclusion. that they will not be of the same inportance in future years if the :May I be permitted to say one word in connection with the amend- same state of things should exist, and the same state of things ma.y ment that has been offered by the Senator from Vermqnt, and. tuat is exist that did at that time. in regard to smuggling. There can be no question but what foreign 1876. CONGRESSIONAL RECORD-SENATE. 5571 sugars will be introduced into these islands to the extent of their There is no point of honor or of public faith, that I can see, that is consumption by all the native population, and perhaps more. Every involved in it. If it were otherwise it would be perfectly useless to pound that they can produce will be sent to this country. There you incorporate into a treaty such a limitation; and it would be just as will have side by side with their native production the foreign im- absurd to my mind as it would be where an agent is making a con- port, and 1 ask yon when such an inducement as will be held up to tract for his principal without authority to stipulate that the con- them ·or to their merchants or to those en~aged in commerce to adul- tract should not have force until the principal should agree to it, and terate that sugar and adulterate that nee with a forei~ product then to assume that the principal was bound to agree to it because whether they are not likely to succumb to temptation 'f You can the agent had made that conditional arrangement. adulterate Sandwich IsJ.and sucrar and Sandwich Island rice 20 per I am not by any means prepared to say that the President. and cent. with the production of Ina'ia and nobod.v can detect it, not the Senate would not have had absolute power under the Constitution most efficient expert that we have in our employ. to make this treaty without any such provision for legislation. 1 am Then the Senator from Massachusetts argued that the people there not going into that. But it being iu it, it appears to me to be per- would be interested in preventing this smuggling. Are not the honest fectly plain that the legislative branches of the Government are nu- people all over this land interested in preventing smn~gling t Does der no obligation except the obligation to do right in respect of the not the illegal introduction of smnggled goods into th1s country im- subject. mediately conflict with the legitimate profits of your honest trader f Mr. STEVENSON. I should vote for the amendment if I did not Do the efforts of the honest trader in this country prevent illegiti- believe the matter was already provided for by law. I think sec- mate productions, and will it not do so there f The amendment that tion 5442 of the Revised Statutes provides for it expressly. It ren- has been offered is eminenily proper. ders it criminal for any false invoice to be made in regard to any for- This treaty, as it reads in the third article, says: eign merchandise whatever. Believing, therefore, that it is already Under such rnlBB and regulations and conditions for the protection of. the rev- provided for, I shall vote against the amendment. enue as the two government8 may from time to time respectively prescrffie. I voted for this treaty before; and when the Senate by two-thirds ratify a treaty, while I will not say they are compelted to act upon I ask what has this Government prescribed for the protection of it, it at least puts us in a false position unless some change in public the revenue in that case f Can the Secretary of the Treasury, under affairs has taken place after such action of solemn ratification of a existing laws, make the needed regulations f I think not. treaty not to vote for the legislation to carry it into effect. I shall, Mr. SARGENT. He did so under the reciprocitytrea,tywith Cana.da. therefore, vote for the bill. Mr. WEST. There never was any attempt there, that I am aware The PRESIDENT pro tempore. The question is on the amendment of, to evade them, and the proposition is idle that because a certain of the Senator from Vermont, [Mr. MORRILL,] on which the yeas and number of honest men are interested in seeing the laws faitbfnlly nays have been ordered. administered that is ltD insurance that they will be, without penal The Secretary proceeded to call the roll. provieions for their violation. I think the amendment is eminently Mr. EDMUNDS, (when his name was ca1led.) I n.m paired with proper, and without it yon will not only be obliged t,o pay this rev- the Senator from New York, [Mr. CONKLI~G.] I should .vote in favor enue to these islands, but you will be defrauded by one-fifth of it at of the amendment. least. Mr. MORTON, (when his name was called.) Some few hours ago, · The PRESIDENT pro tempore. The question is on the amendment supposing I was going out of the Senate for a while, I paired with the of the Senator from Vermont. Senator from California [Mr. BooTH] on this question. He is not Mr. MORRILL. I morely wish to say that there is a -provision in now here and perhaps bas gone out supposing that I woultl be absent. the treaty tbat the Hawaii:m Islands shall not concede similar privi- If he were here he would vote for the amendment and I think I should leges to any other couut.ry. If that should be violated, then it would vote against it. I shall not vote. be in the power of the President to terminate the treaty under my Mr. McCREERY, (when his name was called.) I am paired on this amendment. I think that the time between om adjournment from Hawaiian treaty with the Senator from Iowa, [Mr. WRIGHT.) He March and the next succeeding session of Congress might sometimes favors the treaty and I am against H. be too long to wait. Of course Congress cau terminate the treaty Mr. KELLY, (after first voting in t,he negative.) On Saturday I whenever they please. paired with $he Senator from Virginia [Mr. WITHERS] and as I thought The PRESIDENT pro tempol'e. Does the Senator desire action on the pair would expire this morning, but he has gone away under- all the amendments at once f standing that be is paired all the session. I shall have to withdraw Mr. MORRILL. No; on the first one by itself, to insert in the first the vote I gave against this amendment. section the power of suspensiOn on the part of the Executive. The PRESIDENT pro tentp01·e. The vote will be withdrawn, if The PRESIDENT p1·o tmnp01·e. The question is on tho first amend- there be no objection. ment of the Senator .from Vermont. Mr. KELLY. I understand the Senator from Virginia went home The amendment was rejected. on account of sickness iu his family. The PRESIDENT pro tempo-l'e. The question now is on the amend- The roll-call having been concluded, the result was aunounced- ment proposing to insert additional sections. yeaa 7, nays 30 ; as follows : Mr. MORRILL. In spite of all t,hat bas been said, I do insist that there will be no power to punish fraud that may be committed unless YEAS-Messrs. Cockrell, Gordon, Key, Morrill, Norwood, Patterson, and West-7. this proposition shall be adopted. I therefore ask for the yeas and NAYS-MMBrs. Allison, Anthony, Boutwell, Burnside, Cameron of Wisconsin, nays upon t.he amendment. Chri~tiancy, Clayton, Cragin, Davis, Dawes. Eat~n. Ferrv, Frelinghuysen, Harvey, The yeas and nays were ordered. Jones of Nevada, Kernan, Logan. McDonald,licMillan, Maxey, Mitchell, Oglesby, Mr. EDMUNDS. I wish to state that on this bill, and, as I understand Paddock,ltandolph, Sargent, Saulsbury, Spencer, Stevenson, Wadleigh, and Win- dom-30. from my friend from Oregon, [Mr. MITCHELL,] also on these amend- ABSENT-Messrs. Alcorn, Barnum, Bayard, Bogy, Booth, Bruce, Cameron of ments, I am paired with the honorable Senator from New York, [Mr. Pennsylvania. Conkling. Conover, Cooper, Dennis, Dorsey, Edmuntls, Gold- CONKLING,] who is now necessarily absent from the Senate. I wish to thwaite, Hamilton, Hamlin, Hitchcock, Howe, Ingalls, Johnston, Jones of Florida, say also while I am np, not totakeanyt.ime,thatwhileiagreetowha.t Kelly, McCreery, Merrimon, Morton, Ransom, P..obertson, Sharon, Shurman, Thur- man, Wallace, Whyte, Withers, and Wright-34. the Senator from illinois[Mr.LOGAN)has saidaboutthe desirability of political control or friendship at least with these islands and all So the amendment was rejected. others, the gravity of the question as it will ultimately result is in The bill was reported to the ~enate without amendment, ordered the circumstance that under our particular form of government when to a third reading, and read the thircl time. any of these islands become a part of the United States it will almost The PRESIDENT pro tempore. Shall the bill pass f necesstlrily be followl:'d by their being introduced into the goTeru- Mr. MORRILL called for the yeas and nays, and they were ordered. ment of the country and they will assist in making laws for the peo- Mr. GORDON. Mr. President, it was my purpose to have spoken ' pie of t.he United States, and unless their populations are homogenous upon this bill at some leJ?~tb. I am physically unable, however, to with our own and their local institutions are similar to ours, it will do so this morning, even it I thought it advisable; but aft.er the last be an element of unhappiness and discord and injury rather than of vote, which bas so overwhelmingly defeateu the important amend- public benefit. I should, t!Jerefore, hesit~ a long time before I ment proposed by t.he Senator from Vermont, the object of which was took any step that would lo9k to the incorporation into tho American to protect the interest in behalf of which I intended to speak, it would Union of these outlying islands on either side of the continent, for be a sheer waste of time to attempt au elaborate argument. I shall that involves too much for republican liberty dependent upon con- therefore content myself wit,h protesting against this propo'3ed legis- siderations that have often been mentioned. But on this particular lation to carry into effect a treaty so partial in its operations and so topic, as I have stated, I am paired. unjust to one section or one portion of the people of this country. I wi h to say also that I do not agree with what has been stated by There were a number of objections to this treaty to which I proposed the Senator from California, [Mr. SARGENT,) that we are under any at one time to address myself. One objection is local; auotheris general more obligation to pass this law than we were to a.g ree to the treaty. in its character. One objection lies against its policy, another against We agreed to the treaty with the express stipulation that it should its principle. It aims a death-blow at important interests in one not take effect nntil the legislative department of the Government, large section of the country without any corresponding benefit tQ · the Senate and House of Representatives and the President acting in other sections, and therefereitoughtnottopass. It isatleasto~ doubt~ that character as a check upon legislation, should also pass the neces- ful constitutional sanction; it places in jeopardy the good name of sary laws to carry it into effect. 1do not hold, therefore, that we are the Government for fair dealing with other nations with whom w~ bound to carry this treaty into effect by law unless in our judgment have treaties, and on these acconnts ongllt to b.e rejecteQ.. we believe it right in itself that it should be carried into effect. Bnt, us I said, I propose simply to otl'er my p-rotest, t\:Ud not only 5572 - CONGRESSIONAL RECORD-SENATE. AUGUST 14, mine, but the protest of the people whose interests are involved, most this bill shall become a law. It cost originally $100 per acre to re- lamentably involved1 by this partial and short-sighted policy. Sir, I deem these rice lands from the swamps; they have cost since the war know the southern nee and sugar planters, and it is not too much to 50 to $70 per aero to resubdue and refit them, and they now cost say of them that no portion of the Ame1·ican people are more capaule from $10 to $20 per acre per annum to cultivate them. And when of self-sacrificing patriotism; and if you will propose a measure w hicb they shall become n,o longer valuable because the product which has shall admit duty free or upon light duty all articles of foreign maim- made them vuluablc becomes itself almost valueless, then these labor- facture which the people of this country consume, they will yield to it as ers must abandon these fields, and these lands themselves be aban- cheerful a support as the people of any other section. They have inller- doned to the waters from which they have by the labor of genera- ited by birth and have maintained through their entire lives the doc- tions and so great an expenditure of money been redeemed. trine of free trade, or rather the imposition of duties for revenue alone; One word more and I shall close. These planters, intelligent, well- ' but, sir, is it surprising that they should antagonize with all their feeble informed, and honest, believe that they are in absolute danger, if power a bill which proposes to single out from all importations those this bill shall puss, by reason of the panic which it will create in the productions upon which all their prosperity depends! I myself am a minds of their laborers of having their plantations abandoned a.nd free-trader in the sense of a tariff for revenue alone, and wheuever their present crops lost. there shall be introduct'd into the .Senate a bill to open our ports to Now, :Mr. President, I appeal to fair-minded Senators to postpone English iron, to English steel, the bill (H. R. No. 1516) to regulate the issue of a.rti- mot.ion anrllet me call up the constitutional amendment. ficia,l limbs to disabled soldiers, seamen, and others, having met, after a full and The PRESIDENT pro tempore. The question is on the motion of free conference have agreed to recommend, and do recommend, ro their respective the Senator from Arkansas. · Houses as follows: . Mr. LOGAN. If tho Senator will give way, I will ask to take up lows: That the Honse concur in the first and second amendments of the Senate, as fol- a conference report, and he can make his speech on that just as well In line 1 strike out "persons " and insert "officer, soldier, seaman, and marine." as on anything else; and it is a conference report that ought to be In line 5, after "application," insert "or commutation therefor as provided and taken up. limited by existing laws." Mr. CLAYTON. Very well; I am willing. The llouse concurs also in the proviso added ro the end of the bill with an amend· ment of the word "not" inserted between tho words "shall" and "be" in the tirst Mr. LOGAN. I move- line; so that it will read: "That this act shall not be subject ro the proviso of an Mr. EDl\fUNDS. I was wishing to make a motion. act entitled' An act to increase pensions,' approved June 18, 1874." • The PRESIDENT pro tempore. The Senator from Illinois has the JOHN A. LOGAN, floor. J. B. GORDON, N.EWTON BOOTH, Mr. LOGAN. I move to· take up the conference report on the sub- Managers on the part of the Senate. ject of artificial limbs for crippled soldiers. J. M. RUSK, Mr. EDMUNDS. The Senator from Kansas objected to that report A. V. RICE, to-day. JOHN C. BAGBY, Mr. LOGAN. I move to take it up; it W9.S reported on Saturday. Managers on tlte part of the House. Mr. INGALLS. I made no objection to-day. Mr. CLAYTON. Mr. President, I favor the adoption of this report. The PRESIDENT p1·o ternp01·e. It can be taken up on motion. I believe that this Government ought to furnish aid to these disabled Mr. EDMUNDS. I hope the motion will not be a{Treed to, for it soldiers. I am not right sure whether the Government ought not to will· lead to considerable debate; and now while the Senate at this furnish aid to some of the soldiers who have been disabled since the time in the day is somewhat fuller than it is at any other time, I wish war in some of the Southern States. I am not right sure whether to get a straight vote on the question of the constitutional amend- this Government ought not to furnish ald to some of the widows and ment. I shall not occupy the fioor myself, if I do at all, for exceed- orphans who have been made widows and orphans because the Gov- ing t.eu JOinutes, and I am advised that very little is to be said on ernment would not give them that protection which it has given to the other side as very little could be as a matter of course as every- its citizens in foreign countries; but upon t.his subject I shall make body understands, and therefore I hope my friend will not insist upon no further remark. I have risen for another purpose. that but will let me get a vote on the amendment. Mr. President, a duty which I OWt} to the State of Arkansas impels Mr. LOGAN. I wish to ask the Senator a question. He says the me even at this late day in the session, to refute certain erroneous report will lead to considerable debate. I ask him why it will lead statements which have been made in this Capitol and elsewhere con- to debate! cerning its State debt. It has been asserted by democratic speakers, M1·. EDMUNDS. Because I have understood my friend from Kansas democratic newspapers, and within the past few days by an honora- to say that it would, and thatit changes the state ofthe law asithas ble member of the other House, that the debt of the State of Arkan- hitherto been understood to be. It may be a conect ohange. I say sas has been under republican rule increased to the extent of about no thin cr about that. $15,000,000. How erroneous these MSertions are, I shall now proceed Mr. LOGAN. I will state what the proposition of the conference to show. I send to the Clerk's desk a copy of the RECORD of August report is. The law bas been for years that every soldier, sailor, or 10, containing a speech delivered by Hon. THOMAS L. JONES, of Ken- marine who bad lost an arm or a leg in the service of theUnited States tucky, and ask that so much of the same be read as is marked: should have every five years either a leg or arm supplied or commu- The Chief Clerk read as follows: tation therefor. Tho last Congress gave to the soldiers who had lost But as the American mind, especially in these degenerate days, 'is apt to inquire an arm above the elbow or a leg above the knee 24 a month pension, how the money is handled, how collected, and how disbursed, whence it cometh and provided that they should not receive commutation for au arti- and whither it goeth, and tho answer to these questions makes up the verdict of the American people as to the honesty and morality of their public servant.t.-'1 and liabilities at the close of the war, $4,036,952.8i. Debts and Mr. GORDON. I think if we take the division over again there liabilities Januar-y 1, 1872; ill9,761,265.&2. . Louisi4na.-Debts and liabilities at the close of the war, $10,099,074.34. Debta will be a quorum. and liabilities January 1, 1872, $50,540,306.91. The PRESIDENT pro tempore. There is no objection, the Chair Tea:as.-Debts and liabilities at the close of the war, nominal. Debts and liabili- understanus. The ayes have it, and the report is before the Senate. ties January 1, 1872, $20,361,010.61. .Alabama.- 1\lr. EDMUNDS. I hope the Chair will count the Senate. I do not liabilities January Debts and liabilities at the close of the war, ~,9391 658.87. Debt.n that the republican Legislatures, composed in the main of yield for that purpose f negroes and carpet-baggers elected at the dictation of the party in Federal power, Mr. MORRILL. I hope not at the present time. involved the ten States enumerated in tho enormous aggregate debt of more than $284,000,000. Mr. CLAYTON. Very well. Mr. PAD DOCK. I move to take up the concurrent resolution. Now, Mr. President, a gentleman who undertakes to deo.l in figures Mr. WINDOM. I hope it may not be taken from the table. The affect.ing the credit of ten States ought to be at least correct in his • Indian appropriation bill baa not passed yet, and cannot pas.q if there arithmetic. Let us see whether he is or not: By adding toget.hor be a single objection 1i? it until to-mor~ow. 9ertai?ly it .is not ex- the amounts stated of the debt.s of each of the ten States a!-athe close pedient to pass the adJournment resolutiOn fixmgat1mepnor to that of the war it will be found to aggregate $88,333,000, and ijy adding to which the Indian appropriation bill may be postponed. to~etber the entire debt existing, as stated, on the 1st of JanuarY, Mr. PAD DOCK. Do I understand the Senator from Minnesota to 1872, it will be found to aggregate $360,661,686.01; deducting tho ante say tho.t the Indian appropriation bill cannot be reported this even- bellum, dellt from the entire debt we have what is claimed to have ing. been created under republican rule, amounting to $272,328,432.68, in- Mr. WINDOM. It cannot be passed until to-morrow if there be a stead of over 284,000,000,asstatedbylli. JONES; adi1ferenceofabout single objection to it. One objection carries it over. It wa.s reported $12,000,000. If i;D the simple matter of addition and subtmction the from the conference committee to-day and a single objection carries honorallle gentleman is so inaccurate, what must we expect from him it over until to-morrow. It certainly would not be prudent to pass when be undertakes to ascertain down to the very cent the exact debt the resolution until we know that that important bill can be passed. of each of the ten States alluded to f Mr. BURNSIDE. Will the Senator from Arkansas give way to me To show that be is as unreliable in the detail of his :figures as he is to move for a recess from half past five until eight o'clock 7 in his sum-total, I need only expose the error in his statement of the .Mr. WEST. No, we had better sit it out. debt of Arkansas, which he fixes at 19,761,265.62 on the 1st day of Mr. PADDOCK. On the statement of the Senator from Minnesota, January, 1872, and of the creation of which he attributes$15,725,:H2.75 I shall withdraw my motion for the time being. to repulllican rnle. Mr. President, I bold in my band a copy of the Mr. WINDOM. i want to say that I reported the bill some time Little Rock Daily Herald of August 10,1876, one of the organs of the ago and would be very glad to call it up, but an objection b~ been democratic party in Arkansas, which contains a tabulated statement* made and I am unable to do so at present. ''showing the bonded and floating debt of the State of Arkansas to Mr. PADDOCK. I wish to give notice that at the earliest practi- June 30, 1876," for which the editor states he is indebted to the cour- cable moment after the Indian appropriation bill is disposed of I shall tesy of H~n. W. R. Miller, the. present auditor a.nd democratic candi- call up the concurrent resolution for adjournment, because I believe date for governor in the State of Arkansas. I find this statement • this Congress ought to adjourn. also published in the Gazette, another democratic organ, and vouched Mr. BURNSIDE. Will the Senator from Arkansas yield to a propo- for as accurate. In this statement the total debt of the State is sition for a recess from five o'clock to half past seven, or whatever given at 17,306,823.50, being $2,454~442.12less than the amount stated time may suit the Senate!· by Mr. JONES. It will be seen by reference to this statement that the Mr. WEST. That will involve a sesaion to-morrow. 1 debt has been increased since 1872 as follows: *Statement showing the bonded and floating debt of the State of Arkansas June 30, 1876. I Character of bonds. Princip!L Interest. Total. $10,000 00 $19,750 50 $~. 750 50 108,000 00 215,400 00 3~. 400 00 538,000 00 953,815 53 1, 491, 815 53 45,000 00 85,500 00 130,500 00 944,000 00 253,975 00 1, 197, 975 00 2, 265, 000 00 516,690 00 2, 7tl1, G90 00 276,500 00 ~6. 996 00 303,496 00 1, 986, 773 74 625,335 45 2, 612, 109 19 256,000 00 11,760 00 267,760 00 6, 429,273 74 2, 709, 222 48 9, 138, 496 22 BA.ILROAD·AID BONDS. Principal. Interest. Total. ~k:Et~ ~e~~~~~-~~~.:::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::: ei: 5~: ggg T~: ~~g 8l; ~1~: ~~~ . Little Rook, Pine Bluff and New Orleans............................................ 1, 200,000 326,175 1, 526,175 Little Rock and Fort Smith • • • . . . • . . . ••• •• . • . • • • • . •• • • . •• • • • . • • . • . . • • • • • . • • .. • • . . • • . 1, 000, 000 288, OOfl 1, 288, OGO Mississippi, Ouachita and Red River •• • • • • •• • • • • • • • .. • • . . • • • • • .. • • • • • • • • • • • • • • • • • . • . 600, 000 167, 235 767, 235 5, 350, 000 00 1, 418, 460 00 6, 768, 460 00 11,779-,273 74 4, 127, 68'2 48 Outstanding TreM1lrer's certifleates redeemable with ten-year bonds .................................................................. . ............... . 1, 354 65 Total bonded debt .•••••••.•••••••••••••.•••.•.•••.•••.••••.•..••.••...•.••••••.•••••••••••.•••••...••••• ~ • • • • • • • • . • • .. • • . • • • .. • • . . • • • • • . • . • • . . • • . 15, 908, 310 87 ----- ~iE~f~~F8~~:~~~::::::.::::::::::::::_:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::: ----- 1, 3~: 5~ 1, 398, 512 63 Total debt .•••••••••••••.• ,....... • • • • • • . . • • . • • • • • . • • • • • • • • . . • • • • • . . • • • • • . . • • • . . • • .. . . . . • • • . • • . • • • • • • . . • • • • • • . • • • . . • • • • • . . . • . • . • • . . • • • • • • . • • • .. • • . 17, 306, 8-23 50 In September, 1869. Real-estate bonds, No.1 to 500, inclusive, dated January 1, 1840, amounting, principal and interest, Ja~~ary 1, 1870, to 11,370,000, were con· verted into funding bondshdateldthwaite, Gordon, Hamilton, Hamlin, Har- are so enamoted with southern republicans as to shield them from vey, Howe, Johnston, Jones of Fl.orida, McCreery, McDonald, Merrimon, Morton, Norwood, .Randolph, Ransom, Robertson, Sharon, Sherman, Thurman, Wallace, tlie just punishment of such great offenses f I think not, but rather West, Windom, Withers, and Wrigh~. that when brought to the test they are unable to substantiate the cba.rges t.bey have so industriously circulated. So the motion was not agreed to. A few words upon another subject, Mr. President. It is asserted The PRESIDENT pro tempore. 'fhe question is on coB.cnrring i.g of late, and our democratic friends take great pleasure in it, that the conference report. 5576 CONGRESSIONAL RECORD- · SEN.ltTE. AUGUST 14, Mr. INGALLS. Mr. President, believing t.hat the bill upon which nor did I know at that time that be or some other Senator or some the report of the commijtee of couferenre bas been made was in viola- committee bad int!ertecl a proviso in a pension law recent.l y that tion of an existing statu.,e, that it was intended to circumvent a pro- clepriverl a pa.rt of these soldiers of this apparatus. I did not know vision of that statute by indirection, and that it was in its provisions that; hence I stated what I clicl. The Honse committee that report rl ersons who are now entitled to pensions TID(lcr xistin~ laws, ami who I call the attention of tlle Senate to the remarks that wer•l maue hy have lost either an aTID at or above the elbow, or a. leg at or above the knee, shall the Senator from Illinois when this matter was previously before the be left in the second olass and shall receive S24 per mouth. Sonate a.s to wlmt was the object and intention of the law. There- The proviso is, "Provided that no artificia.llimbs or commutation marks were made ou tho 22U of .July, which was Saturuay, and ap- therefor shall be furnished to such persons." peared in the RECORD of the following .Monday : Th:.t t is the proviso which the Senator had reference to that I was Mr. "EDMUNDS. IIow docs it differ from the law W totally ignorant of. That is to say, they got a proviso in a pension It does not differ at all except to change from t.he Secretary of War :1\Ir. LOGA.'I. bill in lt!74 that prohibited all persons who bad lost an arm at or to the Qnartermaswr the furnishing of transportntion. It is the same bill preciRely above tho elbow and all who had lost a leg at or above the knee excopt these changes and extending to every five years, which was the mtention from receiving this apparatus. If there are any soldiers in this of the law. country who have been so unfortunate, and there are a great many, Further on the Senat-or from Illinois said: aa to have lost an arm at or above the elbow or a leg at or above the I am now willing to m~~ke that. change- knee, it does seem to me that they are the ones who shoulu be on- That is, the change suggested by the Senator from Rhode Island, tit.led to this apparatus, as much so as any others certainly. This [Mr. ANTHONY]- bill does change the law so th11t the commutation shall .be fmnishe(\ an!l make it conform to the original law. That is all there is of the bill. The Sur· by the Quarterma-ster-General instead of the Secretary of War, a.ncl gf'.on.Genornl gi>cs a construction that he cannot re-issue theso artificial limbs. it cloes change the law so as to include these particular persons who 'l'ho commutation is the same and everything is tlte same, except t.he change I have stated. are made an exception. All other persons under the law as it exists In the course of the debate I called the attention of the Senator now can receive this apparatus, except those I have mentioned. That exception being put in a pension law, this bill cures that defect, from Illinois to the provisions of the law approved June 18, 1874, anrl my attention was called to it. As I said, the House committee which increased the rate of pension to persons who have lost either a ball noticed it; I bad not. leg at or above the knee or an arm above the elbow to $24 a month. \Vhen we examined the bill before the Military Committee it was Tlle proviso is: not in reference to the pension law, but in reference to the existing P·rovided, That no artificial limbs, or commuta.tion therefor, shall be furnished to law as to limbs; and this wa the only change I saw in the bill, and such persons a.'i shall be entitled to pensions under this act. I so stated. That was the only error there was in the statement; l>nt The Senator f1·om Illinois, when his attention was called to this I say now, although that error was made innocently on my part, yet act, expre sly declared that the bill which is now under consideration hacl I known this exception to exist at that time I would have per- was not, aml was not, int.endecl to be, in ,conflict with the provisions of sisted in the passage of the bill with just as much earnestness as I t.hat law. I asked him whether the intention of the bill was to give persist in the pa sage of it now, because it was right then and it is the y1en ·iouer increased pension and commutation for a limb that he right now. If the Senator thinks that it is right to furnish an appa- conld not use. He repliel­ or he gets too weak to do manual labor and go about. Ho would not and yield to the Senator from Vermont Y profit by the higher rate of pension given to men who were originally Mr. BURNSIDE. If I do not lose tho floor. so disabled that they couhl not use an art.ificiallimb; nor would be Mr. MORRILL. It is only to alter the date in regard to the pave- in any way that I can see receive anything as the equivalent for his ment of Pennsylvania avenue. limb; but he simply woulcl become a loser of so much, owing to tho Mr. FR.ELINGHUYSEN. I wish to make a conference report which fact that he bad become so much more prostrate, so mnch more belp- the House wish acted upon. }P_,._'!S, It strikes me that there must be a pretty large percenta~e of Mr. BUR"KSIDE. I see no roason why the Senator f1·om Vermont such cases; and I suggel:lt to the Stmator from Illinois, in aid of his . shoultl interpose his uill now. He can have it pai:isetl at any time. 5578 CONGRESSIONAL RECORD-SENATE. AUGUST 14, Mr. :E'RELINGHUYSEN. Will the Senator from Rhode Island yield Mr. COOPER. I object. to me to make a conference report f Mr. SPENCER. I have a right to have it read for information. Mr. BURNSIDE. Yes, sir. 1\Ir. COOPER. Not without notice, I take it. Mr. FRELINGHUYSEij submitted the following report: Mr. SPENCER. I think I have a right to have the resolution The committee of conference on the disa~eeing votes of the two Houses on the for information. amendment of the Senate to the bill of the .House No. 3168, entitled "An act relat- The PRESIDENT pro temp01·e. The resolution will be reported for ing to partition of real estate in the District of Columbia," respectfully report that information. that they have met, and after full and free conference have agreed to recommend, and do recommend, to their respective Houses as follows: The Chief Clerk proceeded to read the resolution, as follows: That the Honse recede from its di S..,) relating to partition of real estate in the ment and prosperity, as if the people of each State managed these District of Columbia. local affairs for themselves. It makes the Federal Government THE SCHOOL AMENDliENT. strong to leave local affairs to the people of the State, because the people of different States then do not come in conflict in the Halls of Mr. EDMUNDS. I move that the Senate proceed to the.considera-- Congress as t{) local government and policy, in regard to which they tion of the House resolution for the amendment of the Constitution. may have very different interests and views. The founders of the The motion was agreed to; and the Senate resumed the considera- Federal Government bad the wisdom to perceive the advantage of tion of the joint resolution (H. R. No.1) proposing an amendment to leaving to the people of each State the control and management of the Constitution of the United States. their local State matters. The PRESIDENT pro tentpm·e. The question is on the passaO'e of Believing this to be )Vise, believing that nothing but evil will grow the resolution, upon which the yeas anrl nays have been ordered. out of allowing the Representatives of one State to have a voice as to Mr. KERNAN. Mr. President, the Senate, by a majority vote, has the local affairs of another, I have believed, and all my teaching and substitut.ed the article reported by the Judiciary Committee for the experience confirm me, that we should have power in the Federal article proposed and passed in the House of Representatives and sent Government only over those matters as to which the people of all the here. The article sent here by the House declared that- States have a common, general interest and as to which the people No State shall make any law respecting an est-ablishment of religion or prohibit- of a State could not act for themselves. ing the free exercise thereof; and no money raised by ta...'t:ation in any State for the support of public schools or derived from any public fund therefor, nor any pub- Now, Mr. President, in my jud~ment this wise principle which has lic landR devot.etl tlwreto, shall ever be under the contl'Ol of any religious sect or worked so well in the pa-st is vwlated by the propo ed amendment denomination; nor shall any money so raised or lands so devoted be divided be- reported to the Senate by the Judiciary Committee, and which is now tween religious sects or denominations. under consideration. That was the proposed article which had been brought to the at- Mr. MORTON. I should like to ask the Senator t.his question, tention of the public many months ago by a gentleman of distinction whether the amendment as it came from the House does not violate [Mr. Blaine] in the party with which he acted and very well known the principle for which he is contending 'I to tho country; and I believe that it met with no considerable oppo- Mr. KERNAN. I answer with entire frankness that to some ex- sition in any quarter. It declares that monoy raisecl in a State by tent it does. taxation for the support of public schools or derived from any public Mr- EDMUNDS. It does to every extent as far as it goes. fmul therefor or any public lands devoted thereto shall not be under l\fr.KERNAN. lwillanswerfranklythatlbeliovethatthematterof the control of any religions sect or denomination, nor shall any money educating children may be wisely left to the people of each State. I be- so raised be divided among the sects or religious denominations. lieve that it is a home right; I believe that it will be exercised best in \Vere this before the Senate I w nld support it. that way. I believe that our experience shows that there is no serious I should be opposed, if the people of a State were entirely of one difficulty in its being exercise(! wisely and well by the people of each de-nomination, and that the one to which I belong, to placing moneys State for themselves. But I recognize that moneys raised to support .raii:!Cd for tho support of public schools under the control of that re- common public schools are a fund to support a system which pervades ligious denomination. the Union; this system is regarded with great interest by a large por- 1~6. CONGRESSIONAL RECORD-SENATE. 5581 tion of our people; and it is a single subject. Inasmuch as there wa-s In the constitutions of sortie of the States the people have thought danger that sectarian dissensions would ru:·ise in. regard to the com- it wise to insert a provision that no fuuds or proper:ty of the State mon-school moneys, inasmuch as it was asserted that efforts were should be given to any private institution, but should be used only being made t.o divide these moneys between the religious denorniua- f.o support the institutions of the Government~ but this provision tions, and there was great danger that the subject of the common under consideration is not of that character. This seems to be aimed I• schools would be made a political question and sectarian prejudices at something else. This leaves the United StatesGovernment to vote aroused as an element in political contests, I was willing to adopt the away any amount of public land to a corporation to build a railroad Blaine amendment, in the hope and belief that it would quiet tllese or do some other work; but the United States Government could not groundless fears as to the common schools a.nd avert the evils which 1mder this amendment give a viece of land to Bishop Whipple for an spring from religious prejudices. Indian school or church. I allude to him because I know he is the Therefore I say that while I believe that it is wiser and better to zealous Episcopal bishop of Minnesota. who has taken such a.n inter- leave the people of each State free to maint.ain tlleir schools a.s they est in .trying to civilize and protect and christianize the Indians. see fit and I do not believe there will be any diversion of money raised While we may give to railroad jobs under this proposed amendment for the support of common schools to other purposes, especially as any amount of public lands, we cannot give him a site out of tho in many State constitutions, as iu that of New York, there are pro- public land for his little church or for his mission school, because of visions which forl>id the application oi money raised for common course he would teach tte Indians the creed of that denomination of .schools to any other object. Yet if it would allay that which I regard as which he is a bishop. the greatest evil that ever comes among a community, strife and bit- Let us go a little further. How are you to get on under this terness in reference to religious creed, I was willing to vote for the a.mendment T This Government has soldiers' homes; it has, I be- Blaine amendment, although, as the Senator from Indiana says, it is lieve, some hospitals in this District that it aids to support, and some ngainst the principle;S I believe to be wise. But I consider the pro- other good Cbristia,n benevolent institutions; but what will be tho posed amendment now before the Senate as going far beyond that effect of this amendment f "No particular creed" is. the languago proposed by M.r. Bln.ine; and iu my judgment, instead of allaying "or tenet" can be "read or taught" in your soldiers' home or in your strife and d-issension, it will increase them and l>ring evil to our school for orphan children or in any other institutions support-ed or schools, to onr institutions, and to the people of our countl:y. aided by the Government. Take the soldiers' llome. A man is there Mr. EDMUNDS. Will the Senator kindly tell ns-- who has gone there and is taken care of there because of the wounds Mr. KERNAN. As I promised to get through in a few minutes, and be received or ill-health he incurred in the public service. He may want to state my views without arguing them, I must decline to yield have never belonged to a Christian sect; bnt the time comes when uow, and after I am through, if my frieud wi.shes, I will answer bim. he does desire religions ministrations. He is on a bed of sickness. Mr. ED~ffiNDS. I was asking for light. He has from tbe mother that reared him perchance, or from his Mr. KERNAN. I know my :fiiend wants light, but he has got a friendij, or from other associations, n. leaning to the Methodist donom- :fine intellect and he does not expect·to get it from me, I fear; but if imbtion and sends for a clergyman of that church and asks that he be does, what little light I can shed will be shed more intelligently may be taught that form of Christin.nity; and yet with this ameud- by allowing me to proceed quietly in stating what my views are. meut in force, he cannot in that institution be taught thn.t creed. So Mr. EDMUNDS. Then the Senator declines to allow me to ask with an orpha.n asylum supported in whole or in part by the United him a question T States. You may say there are put few such institutions under the Mr. KERNAN. Yes, sir. Fedeml Government, and I shall spend no time on them. Come to As I said, I think the proposed amendment before the Senate vio- our State governments. Here are juvenile reformatories. The chil- lates seriously, in many ways, the principle to which I have alluded dren are gathered in there, the little waifs whose parents are either of giving the Federal Government supreme power only over national dead or from some misfortune or vice do not care for them. They subjects; and as to internal affairs, local matters in the Stn.tes, the have committed a petty offense, the first step in crime. people of the several States should exercise the power as they re- In the State of New York we have two or three reformatories for served it in the original Constitution, untrammeled. children under sixteen who have committed crime. The State re- I have said that, in my judgment, the proposed amendment would formatories are supported entirely from the -public treasury. Do my ue a very wide departure from correct principles. As to the first friends mean to say that we shall put. in the United States Constitu- cln.use I have no comment to make; this declares that- tion au iron rule to bear upon the people of every State that they No State shall make any law respecting n.n establishment of religion, or prohib- shall not p~rmit any Chri.,tian creed to be "read or taught" in such iting tho free exorcise thereof; and no religious test shall ever be required as a an institution to these children f It is at war, it seems to me, with all qualification to any office or public trust nw.ler any State. that is wise and all that is good in the State. Go to States where That provision has iny most hearty commendation; but for all that such institutions exist, and there is no difficulty, if we keep this out it is not necessary to put it in the Federal Constitution. That mat- of politics and act like wise Christian men, like Christian men where ter was discussed in the convention that made the Cons~itution 1 and each believes he is right and ought to have the means to practice that it was not thought wise to put in any such provision, but to len.ve it wllich he believes to be his duty in reference to worshiping his to the Stutes; aud we have gone on little less than a century, begin- Maker and means to allow everybody else to do the same and will be ning with clauses in the constitutions of many States, making dis- zealous that everybody else shall have the same ri(J'ht. In the re- tinctions on account of religions creeds, and I believe tlley have all formatory at Rochester, New York, there is no trouble. It is a State disappeared from every State constitution except that of the State of institution; the board of trustees arrange that the clergymen of the New Hampshire; and I venture to say that will soon be changed. various denominations can go there and the boys can attend t.he re- There is a provision in the constitution of that State that no one can ligious service and tea-ching according to their fa,ith or that of their be elected governor unless he is of the Protest.ant religion, and so as parents .. We cannot deal with juvenile delinquents so as to reform to members of the Legislature of the State. But I am willing to trust them except by endeavoring to supply the place of parent&, by teach- that to the people of that State, believing that very soon in this age ing them some form of the Christian religion; and in a country like of ours and in this country of ours they will adopt the liberal pro- ·ours in these institutions the only way is to allow the children to be visions which are found in the constitutions of the other States on the won back to the ways of morality and religion by n.llowing the subject of t.he sacred rights of conscience. In the constitution of my clergymen of the denomination for which theyhave a preference, and own State in reference to .any interference with a man's copscientious against which they have no prejudice, to instruct and teach them the convictions as to religion it is declared: · creed of therr parents. But this amendment would prohibit the The froo exercise and enjoyment of religious profession and worship, without teaching them any cree4. discrimination or preference, shall forever be allowed in this State to all mankind. Take the State prison. We send men there for reformation; and It makes no religious test a qualification for any office; and this I under this provision, as it is a State institut.ion maintained by State uelieve is true a.s to other Stat-es except New Hampshire. Therefore funds, there could be no particular creed or tenet read or taught to I assume as to this provision which I have ren.d, t.he first clause in a man either in the chapel, where they bave one, or in his cell. the article, there is really no need for it. It would be an insult to A man is under sentence of death in prison. He had a mother of the people of every State in this Union, New Hampshire included, to some religious creed who tn.ught him in his boyhood the prayers and say that there was danger that tlley would begiu now to establish a the observances of tile church to which she belonged. He has com- State-religion, or begin to prohibit its exerch;e, or make religions be- mitted crime; he is to be executed as a criminal; he iii to face his lief a test or qualification for holding office. Maker, and the memory of early yea.rs comes back, and he asks to I cannot conceive that there is any need of onr ha.v ing a constitu- have brought to hlm a clergyman of the denomination to which his tional amendment to guard the people of a State agn.inst anythinlr of mother belonged. The clergyman comes to him and is ready to teach th<.Lt kind, and I say it very sincerely, l>ecn.use I realize that if there him a.s be wants to be instructed, in that creed which he has from is a prcj ntlice of that kind perchance it exists most strongly against some cause or other, convict10n or prejudice, a desire to be instmcted those with whom I l,>elieve in reference to matters of religion. in; and yet under this amendment he cannot read or !"e:1.ch him tho But I ask attention to what follows: . religious tenets and creed that he wants to lmow and the faith in No public property, and no public revenue of, nor any loan of credit by or which he wishes to die. under the authority of the United States, or any State, Territory, District or Take your State hospitals and prisons. They are institutions of municipal corporation. sball be appropriated to, or made or useu for, the suppo~t of the St~Lte, supported entirely by the public mouey, arid in every one any school, educational or other institution, under the control of any religiOus or that I e.ver heard of in our SLate, in every jail, every reformatory, anti-reli¢-ous Rect, or~::mizatio·1, or denomination, or wherein the particular crood and every prison, the keeper that would not send f:1r the minister of 01· tenets of any religions or anti-religions sect, organization, or denomination shall be taught. Al::cl no such particular creetl or tenets shall be read 'or taught in any the gospel of that religious persuasion which the imnate wished and school or institutim~ supported in whole or in part by such revenue or loan of credit. allow him to teach him and read to him and have him unite with hlm 5582 CONGRESSIONAL RECORD-SENATE. AUGUST 14, in the religions service to which the person was attached, or instruct have gone on side by side in the ntmost harmony; the promoters of him in that which he wished to be instructed in, would be denounced, eaoh think better of the other for what they are doing. One is un- and there would be a cry of indignation at such a violation of the der the Protestant ladies' board of trustees ; the other is under the rights of conscience by people of every creed. But this amendment Sisters of Charity, wholookaftertheCatholic orphan children. There forbids the reading or teaching of any creed or tenet of religion in is no prejudice there. If a Protestant lady finds an orphan child any such institutions. whose parents were Catholics she takes it to the institution under I happen to have-and I speak of it with commendation to the State the charge of the Sisters of Charity. If the others find destitute or- of Massachusetts-the law which was enacted in that State in the phans of Protestant parents they take them to the Protestant institu- year 1875, April15 ; and yet that law cannot be carried out in their tion and ask them to take them. We have a poor-house; it is a good public institutions if this amendment to the Constitution of the establishment, and it is the only place the county can send the orphan United States were in force except as you incur the penalties which children to that are paupers. There are no means for education in Congress may enact under it. I will read that law: the institution. More than ten years ago it was suggested, and the Jl.ASSACHUSETI'B. board of supervisors of the county ordered, that all the children under [Chapter 126.] a certain age that came to the poor-house should be sent to one of An act to provide for religions instructions in pnsons. these asylums. The board directed, in the real spirit of doin~ good, Be it enacted, &c., as follows: the superintendent to send the children who came there, if ot Cath- SEc. 1. No inmat~ of any prison, jail, or house of correction in this Common· olic parentage, to the Sisters' asy lnm, and to send all the others to the wealth shall be denied the free exercise of his r eligious belief anclliberty of wor- Protestant asylum, and the county pays them less for educating and shiping God according to the dictates of the conscience within the place where caring for them than it would cost in the pcor-house. Thus we have such inmates may be kept or confined, and it shall be the uuty of the officers and boards of officers having the management anu direction of any such institutions to brought up and educated in these asylums children that would go make such rules and regulations as mo.y be necessary to carry out the intent and from the poor-house without instruction, without the habits of use- provisions of t.his act. fulness. They readily get places as they advance a little in years. SEC. 2. Nothing herein contained shall be so construed as to impair the discipline Each of these asylums teaches the children, as children in my judg- of any prison as far as may be needful for the good government and safe custody of its inmates. ment should be taught, that religions creed which those having the SEC . 3. 'lhia act shall take effect upon its passage. institutions in charge believe and practice. (Approved April15, 1875.) Our State has occasionally given them aid, and there has been no A man in one of the institutions named in this act desires to be jealousy and no trouble. When they have been overburdened there taught and instructed in the tenets and creed of one of the religions ha.s been inserted in appropriation bills a clause giving each aid; denominations or he desires to have the service of the church he be- there has been no jealousy, no wrangling, but real good, a great re- longs to read to him; they would be reading or teaching the tenets lief to the community from the expense of paupers and from the ex- of some creed, and although they would be obeying the law of Massa- pense of criminals. But this could not be done under the amend- chusetts, it would be violating the Coustitution of the United ment. Each is under the control of a religions denomination-in States if this amendment were adopted. each a religions creed is taught. Another law, that I chance to have in my hand, is one recently en- The best practical principle is to leave all these matters to the State acted in the same year, 1875, by Ohio. Allow me to read that and see and to·the neighborhood. Yon will there find Christian charity among how the spirit of that law which I submit every Christian man will all. The only strife will be which will do the most good to these approve would be crushed out by this constitutional amendment. little children for the sake of that Saviour who said, "Suffer little children to come unto me." OHIO. Take hospitals. Snch institutions have to be supported in some A bill to s~e the liberty of conscience in matters of religion to persons impris- degree usually by public funds and in part by contributions from the oned or,..sletained by authority of law. SECTION 1. Be it enacted by t!IL"Gentral Assembly of the State of Ohio, That as lib- benevolent. A mn.n in the hospital sick, brought to thoughtfulness erty of conscience is not forfeited by reason of conviction of crime or by reason of by his condition, warned perchance by the nurse or the physician that detention in any penal, reformatory, or eleemosynary institution, or any house of he will soon have to appear before his Maker, asks them to send for refuge, work-house, jail, or public asylum of the State, no person in any such inRti- a minister of one of the religions denominations, selecting one for tution shall be compelled to attend religious worship or institution of a form which himself. He tells him " I had a little religions instruction in youth, is against the dictates of his or her conscience; and it shall be the duty of every director, trustee, supcriutendent, or other person having in charge any such insti- not much; I want to be taught the tenets of your church; explain tution to furnish equal facilities to all such persons for receiving the ministrations them to me; teach them to me." It cannot be ·done; the hospital is of the authorized clerg~an of their own reli,(tious denomination or persuasion, supported in part by the State. He does not want a mere general under such reasonable rnles and regulations as the trustees, directors, managers, or superintendents shall make; but no Rnch rules shall be so construed as tofrevent form. He asks to be instructed in that which he wishes to under- any clergyman of any denomination from fully administerin~; the rights o his de- stand. nomination to such inmates : P.rovidecl, That such ministration entail no expense I submit, Senators, that when you reflect on a few of these things on the public treasury. . there is no need of doing that which is detrimental to the good that SEc. 2. This act shall take effeot from and after its passage. is done in this way. But come to private hospitals, got up as they That is the spir-it of our institutions; that is the spirit in which the are by the contributions of the benevolent and charitable members people of the States are acting, providing tbat these criminals evenll of some church. These hospitals occasionally apply to the State or these outcasts that go to the poor-houses or reformatories, may ca the city for aid. They are doing good. They are caring for the poor upon a Christian minister of the religions denomip.ation which he sick cheaper than they can be cared for in public hospitals. 'l'ake prefers, and there he sha,U be allowed to teach and minister to him in the hospital in my own city. It is in charge of ladies of a particular . the State institution; this would be in violation of this amendmeut if creed who give their services because they think it their duty. They it were made a part of the Constitution. started without anything and they have won their way so that they But go a little further. We all know that in our communities, and are sustained alike by Protestants and Catholics. Every sick person especially in our cities, there are large numbers of children who are who is poor and has no place to go to is received without regard to gathered by the benevolent and the charitable and the good of every creed; and every clergyman is invited to visit and every patient may creed in our land; orphan children who have no mother, no father, send for the clergyman he likes and he comes there and reads and no one to keep them from running in the streets right into the State teaches and administers unto him according to the form of worship prison and becoming a curse to the community and becomin(J' a de- that patient desires. struction to themselves. The Protestant ladies appeal to the benevo- In the Protestant hospitals, under Protestant trustees, if there was lent and they build their asy l urns as they have done in almost every city a Catholic there, though they might not think well of his creed, of our State, in some of them more than one. They appeal to the be- if be desired the priest of his religion, they would send for him and nevolent to help them; they have collections in the churches, they have have him come and read to and teach him and administer to him the fairs. The institution is mainly erected and supported with donations. rites of the Catholic religion. Yet all that must be stopped becanse They gather in these children, ami occasionally ti.Je State gives them these private institutions very generally get some aid from .the public aid or the city gives them aid Upon economical principles they can treasury. alford to give them aid, because it is the cheapl:'st way of prevent- This is a land of charitable, benevolent, and Christian people. Say ing them from becoming criminals a_nd making them useful members what yon pleaso, yon will find in every corner of it, in every denom- of society; and yet must they go on without teaching those children ina,tion people who have fervent convictions for their own creed and any reli~ious creed f Hit chances to be members of the episcopal de- people who would always give every other person, and especially in nomination who founded and have the charge of such an institution, an institution; public or private, opportunity of having preciselytbe they teach anti bring them up in that form of creed and worship which ministrations tb'at be desired and which he believed essential to his they themselves believe in. In a word, they make themselves fathers salvation. If it is a public institution under this amendment, you and mothers to the fatherless and to the motherless, and they do by must shut out all denominations having any creed or any particular them just what every sincere Christian father and mother would do tenets. If it be one erected by private benevolence which does a by their own children; and yet that is to be forbidden. If the insti- great deal of good and relieves the State from a great deal of pau- tution chance to be in distress, if-as now and then happens-the perism, takes care of paupers better than they can be elsewhere, yon whirlwind takes the roof off their asylum or the flames destroy it, may apply to the State, and if the State gives you aid yon must at they cannot receive from the State or city a donation if this amend- once shut out the ministers of the gospel of every creed, althongh ment is adopted, except on the condition that no religious creed shall your patients desire to have their ministrations before they go in 'be taught the children. t.heir last sickness, to meet their J ndge, to account for all they did or In my own city (and it is a good illustration of whn.tiwantto say) omitted to do on earth. ' there are two orphan asylums that are a credit to any place. Thc.y I object to tliis amendment. It is not, in my judgment, wise; it is 1876. CONGRESSIONAL RECORD-SENATE. 5583 not, in my judgment, in accordance with the spirit of Christian char- the State will be better administered than we can do it in Congress, ity as it exists m every denomination of Christians. where it is so difficult to legislate much, and where from our not being But it bas been said t.hat it applies only wherein a particular familin.r with the wants of the people of the States it is so difficult creed or tenet is taught. Each denomination believes that its to act wisely or well concerning matters which affect them peculiarly. creed and its forms and its doctrines are true. If children are under Mr. WHYTE. 1\fr. President, Protestant though I am, and sprnng their charge, they will so bring them up in that creed. In sickness from ancest.ors who belonged to the straightest sect of Irish Presby- they will have the patients attended by a clergyman teaching tha terians, and imbibing the prejudices which I must confess attach to creed which the patient believes in. such surroundings, nevertheless I fail not to remember that I was Now, I submit that we should not say that all these institutions born in a State colonized by Roman Catholics, in whose soil the ban- which get aid at all from the public fUllds or which are established ner of religious toleration was first planted on this American conti- by the State most bar their doors against every such t.hing. In this nent. For the obtension of religious as well as civil liberty the Ro- country where the denominations of Christians differ iu form and in man Catholics of Maryland, represented by the patriotic Carroll of tenets of religion to some extent, you can only bring up the child in Carrollton, pledged their lives, their iortunes, and their sacred honors the asylum; you can reform the criminal only by giving him an op- in the revolutionary struggle. Should I, as a representative of Mary- portunity to practice in the institution where he is that creed to land, vote for this amendment, I should deem myself faithless to the which he is attached or as to the troth of which he has convictions. spirit of the history of my native State. In my judgment the danger How does this amPndment look to a Christian f In our funda- is not present which this article, proposed in response to an ephemeral mental law we not only provide that the Federal Government shall popular demand, is designed to avert; and it seems to me, to use plain give no money for any such purpose, but throughout this broa~ land words, nearly an accusation against a large body of fellow-citizens in every State we are to put in the Federal Consitntion an iron rule as loyal to republican liberty as we proclaim ourselves to be. that they shall not aid an institution of charity because it is under Mr. EDMUNDS. Will the Senator allow me to a-sk him a question f the coutrof of the :Met.h odist denomination or they teach its doctrifles Mr. WHYTE. I am going to speak but three minutes by the watch, to the inmates. Altho-qgh they are doing a great work for those who and I beg my friends not to interrupt me. I will yield, however, for have been criminal, who were and are of their faith, to those who are a question if the Senator desires to put one. orphans and of their faith; although they do good and are benefiting .Mr. EDMUNDS. The question I wished to ask wa-s precisely in the State by bringing them up in morality, by instructing ana incul- point to what the Senator was saying, that there was no present eating and indoctrinating them ~th the views of Christianity they danger of the kind to which he alludes, whether he had read the profess, yet you say we will cot them off, we will shnt out Chris- mandate ordinarily called the encyclical letter and the syllahos of tianity and anti-Christianity. I cannot quite conceive what state of errors promulgated by the holy Pontiff in 1864 on this very subject f things there is to be in an orphan asylum, a hospital, or a reforma- Mr. WHYTE . Yes; but 1864 is not 1876 by a long shot. tory. These charitable institutions will be founded and they will be .Mr. EDMUNDS. It lacks twelve years of it. managed by zealous hands and active feet belonging to one or the Mr. WHYTE. And a good many things which people did in 1864 other ef Christian denominations. They have their faith, and so be - they do not do to-day, I am happy to add. lieving they do not want to protrude their views upon others, but Mr. EDMUNDS. Does the Senator mean to say that he under- they gather up their own pauper ehildren, their own pauper sick, stands that the principles or declarations of thi~:~ letter have been their own pauper aged in these institutions. Yet you say the State changed, or withdrawn, or modified t shall not encourage them in their need by aid.ing from the treasury Mr. WHYTE. Yes, sir. according to the will of the people of the State, because they teach Mr. EDMUNDS. I should like to see the proof of it. that creed that makes them these ministering llllgels and zealous Mr. WHYTE. Has the Senator read Archbishop Purcell's recent workers. letter on this very subject t No city can aid the institution, no country can do it, no State can Mr. EDMUNDS. Archbishop Purcell is not the Pope. do it. While they can give to any other enterprise they shall not Mr. WHYTE. But Archbishop Purcell, I suppose, would not speak help with the public fonds these zealous people who give their labors in opposition to the desires of the Pope-- and their lives to this work. All Christian denilminations have these Mr. EDMUNDS. I do not know. zealous men and women, and by this amendment you say neither Mr. WHYTE. Any more than some gentlemen here speak in op- State nor city shall aid them, although a roof cannot be closed over the position to the will of the republican party. orphan children who are being cared for, in a place where t.hey can be I was about to say that the first amendment to the Constitution brought up and where it is the will of the State they shall be brought prevents the establishment of religion by congressional enactment; up, unless you banjsh religion and religious teaching. it prohibits the interference of Congress with the free exercise thereOf, I trust therefore that we will dismiss t.hls idea. 'fake the ragged and leaves the whole power for the propagation of it with the States school; take any other school that is gotten up by benevolent people. exclusively; and so far as I am concerned I propose to leave it there T._e the city of New York, where they have schools for these ragged also. boys that were running to destruction, and where they teach them in Called away from this Chamber, Mr. President, to discharge other schools under charge of almost every denomination. Our State has duties for my State, and fearing that I may be absent -when the vote thought it wise, where so much hail been dvne by these denomina.- on this amendment is taken, I desire thus publicly to record my op- tions to relieve the State from pauperism and crime and make good position to the passage of any such amendment, whether coming from citizens of those who else would be a burden, to aid them, and we the House of Representatives or emanating from the Judiciary Com- have done it and done it very cheerfully. Certainly if it was a mittee of the Senate. Protestant in~:~titution I would do it all the more cheerfully, because Mr. CHRISTIANCY. Mr. President, I have already once called they were educating those children in the creed which the parents attention to the resolution as it came from the House. That resolu- and friends of the children wish them to be educated in. But this tion proposed to amend the Constitution of the United States so as amendment cuts them off from aid if thiy teach the child the religious to prevent any moneys raised for public schools, or lands dedicated creed of its parents. for public-school purposes, from being under the control of any re- Therefore I am opposed to putting anything in this Constitution ligious sect or denomination, or from being divided among them, and that becomes a bar upon the people of the State as to what they may that is all there is of it. It did not propose to prohibit any State or deem wise as to all these institutions. They are home duties; they the United States from raising any amount of money by taxation, or are ltome objects; the people will correct if there is any abuse. from voting any amount of property for the support of any religious These institutions reform those who otherwise would go untaught sect or denomination, or for any sectarian or denominational school, for want of parents, that would go to destruction because the poor but the division of money already raised for public schools or the di- boys and girls would learn crime in the way they were left ls:mg be- version of property already dedicated to the support of public schools fore they 1earned anything about that creed and that Savior who is in the most solemn manner by this resolution of the House de- died to save them and whose Christian people they should grow up clared by the Honse and every man who voted for it a great public to be. evil; not only an evil, bot an evil of such magnitude ancl of such im- One further suggestion. The la.st clause is: minence as to call for a constitutional prohibition. Such is the clear SEc. 2. Congress shall have po~er, by appropriate legislation, to provide for the declaration which the Honse have made to us, and every man who prevention aud punishment of violations of this article. voted for that resolution bas made to us, of the evil to be guarded If the article stood without this, laws in violation of it would be against. What is this evil f In what does the evil consist¥ Cer- void. The courts would hn.ve to so declru:e them. But by this you tainly it is no greater evil to do this wrong, for the resolution admits transfer to Congress the questions. Of course I entertain great respect it to be a wrong, indirectly than it would be to do it directly. 'Vhat for Congress; but it is not the best body in the world to be legis- then i8 the evil, and what are the principleswhich would be violated lating on the subject of this amendment. without this constitutional provision f I tako it to be this : In a There will be irritating contention and litigation as to the mean- country situated like ours, where the conscience is left free, where ing of this article. It may be ctaimeu that while there can be no ap- religions toleration is universal, where the people are diviued into a propriation to an institution under the control of one religions sect great number of churches and sects, with a very large proportion, if there may be to an institution under the control of sects united. · not a majority, of the populat.ion belonging to no church or sect, and Then what is the meaning of the term "particular creed or tenets 7" where our public schools could never be maintained unless placed I trust, therefore, tbe amendment will not be adopted, but that we upon a footiu~ of substantial eqnali ty among all people who may shall leave the States to manage their domestic institutions as the choose to send to them, it would be wrong to raise money by taxa- people in each State may choose. The Federal Government will be tion or t.o appropriate property belonging to the whole people for the stronger; there will be more satisfaction with it, and the affairs of support of any one of those denominations. That I take it is t.he real 5584 CONGRESSIONAL RECORD-SENATE. AUGUST 14, principle upon which it becomes wrong to do this very thing which that kind. I certainly bad seen no difficulty of that kind, and I am the House proposes to prohibit. The principles, it will be seen there- quite satisfied that the fair construction of the substitute proposed fore, are much broader than the resolution ; and what has been an by the committee will not justify the remarks made by the Senator enigma to me is that those who can go so far as to admit the evil stop from New York; but on that point the chairman of the committee so far short of a remedy. who presented the amendment will undoubtedly answer for himself. No"'T' Mr. President, is the thing itself any worse when done indi- Mr. .MORTON. Mr. President, the resolution as it came from the rectly, by first raising the mo..1ey or devoting the property to public House embodied every objection upon principle which it seems to me schools and then dividing it among the various sects for the sup- can be raised to the amended resolution as reported by the commit- :vort of their sectarian schools, than if the same result were accom- tee, but it was imperfect. I presume by inadvertence, I a ume not !JlisLed direct.ly by raising the tax or appropriating t.he money or by intendment, it was imperfect, and would have amounteu to but property directly for the purpose of supporting the same sectarian or very little. It simply prohibited a State from diverting a fund raised denominational schools f If there be any difference, is not the latter for public schools, set apart for public schools, to the support of sec- the more obvious and manifest, and the one which would naturally tarian schools. It prohibited a State from diverting a fund raised by :first occur to the mind of any man seeking by a constitutional amend- the sale of land or by taxation or from any other source, avowedly ment to provide a remedy f What would be thought of the law- and originally a school fund, from being afterward changed from this makeJ·s who should provide carefully for the punishment of aiders original purpose to the support of sectarian schools, but it. did not and abettors in a crime, but leave the principal offenders to go free prevent a State from levying a tax directly for the support of secta- anu unpunished T Able and honest minds, in attempting to provide rian schools. It would not prevent a State from appropriating money un enuctment agaipst a direct wrong, or one committell by di1,·ect out of the general treasury for a sectarian school; it simply protectetl menus, do sometimes from a failure to foresee the various methods by a fund already made and set apart originally as a school fund from which tho same wrong may be indirectly committed fail to make being afterward diverted to the support of sectarian educational insti- sufficient provision against it when committed by indirect means. tutions. But tbis is the most notable instance which has ever come under my Now, does it require argument to prove that that resolution is observation where the author of an important prohibitory provision imperfect and will amount to scarcely auythin~ when any State in has so clearly seen a11d provided against the wrong when attempted the Union without violating it can lay a tax of five mills or ten mills imli1·ectly and has yet been utterly oblivious of, and made no provis- for the support of sectarian institutions' The principle cont.ended ion against, the same wrong when clone or attempted directly. But for by the Senator from New York is that all such matters should be such is the fact. While this resolution prohibits the division among left exclnsi veJy to the State. If it is proper to interfere and prevent sects or for sectru:ian schools of any money first ra.iscd by taxation for States from diverting school funds created for that purpose to the or property which may have been devoted to public schoolR, it leaves support of sectarian schools, if it is proper to interfere with a State in both the national and State governments at perfect liberty to mise that res_?ect, is it not equally proper to prevent a State from levyi11g by taxation any amount of money and to appropriate any amount 'of an original tax for the support of sectarian schools t I think tile ar- money or property di1·ectly to or for the use of any snch religions gument of my friend from New York upun that point was imperfect, sects or denominations and for any schools ot institutions under their for he alic taxa- of "pn blic schools" at all. tion, and that if the Stat.e of New York desires to levy a tax and col- I will not charge upon the authors or supporters of this House res- lect money of the people to establish, if you please, Protestant chools olution any wrong motive and am confident that many, if not most, on the one band or Catholic schools on the other, should be left free who gave it their support entertained no sinister purpose; but I am to do that, and we should not interfere by a constitutional amend- compelled to say that if I had been the warmest advocate for secta- ment to prevent her. That is my friend's argument, that the States rian or denominational schools and for taxation and the donation of should be left free to establish a religion or to establish sectari:m public property to their support, and could have been base enough schools; in other words, to give the power to give a particular reli- to wish to deceive Congress or the nation by a mere sham which gious sect the advantage of the government and support by public should pretend to discountenance or prohibit taxation or the dona- taxation. That is my friend's argument I think, and if I do not s~te tion of public property for such purposes, but which should leave the it correctly I want him to correct me, because it is a very important power completely intact to continue or perpetuate the same wrong point. directly which it professes, and only professes, to prohibit being done Mr. EATON. In other words- indirectly, I shoulu not only have given the House resolution a silent Mr. EDMUNDS (To Mr. MORTON.) Thatisnotthe friendyoucalled but an active support. But I confess I should have felt not a little for. tremulous lest the trick might be discovered, and Jest the figure which Mr. MORTON. No, it is not. I had presented as a veiitable lion in the combat against sectarian Mr. EATON. I hope the honorable Senator from Vermont will call influence in the schools should, by the cars and hoofs protruding, on me by and by. stand exposeu a-s a very diiferent animal-dressed in t.he lion's skin. Mr. EDMUNDS. I never shall, you may be sure. But, Mr. President, believing that neither any church nor any ~:1r. KERNAN. I said that it was violating what I believed to be donominationalschool should be supported or aided by taxation or the true principle to put in the Constitution restrictions on the States by appropriation of public property, I have from my youth up steadily in reference to schools. Now, having answered frankly, permit me advocated this view. It is a principle essential to the success of to say another thing: I am and always ha,ve been entirely oppo. ed any system of public education in this country, and is, or at least to favoring one sect rather than another by any appropriation. Hence, · should be, far above all mere party politics, and I am as intensely even as to these charities, I argued in our constitutional convention desirous n.s any man can be to place it entirely beyond and outside of of 1866 that I was in favor as to these institutions in the State, if t]Je the field of party politics, where it may always be safe whatever people found there was any abuse, of having a provision which wonld party may be in power. This is a favorable timo to accomplish this require when they gave to these hospitals, orphan asylums, aud desirable end, and I hope we shall avail ourselves of it aml ward off things of that kinurpose and the sincerity of the people that I allude to, where Mr. EDMUNDS. I am very much obliged to my honorable friend they have the power thoy would never tax themselves one ce.Q.t to es- for that. He bas shown the same amount of consistency in that tablish a school to which they would not send their children. That opinion as he has in supporting the House amendment as it stanch!. I understand to be t.he ground of the objection now, that they are Now I come back again to the point. taxed for the support of schools to which they will not send their Mr. RANDOLPH rose. children. They will not send their children to the public schools be- Mr. EDMUNDS. The Senator will permit me to have my opinion cause they are non-sectarian, simply because they are not sectarian, about his logic, though he may not think it to be good. If he can sit and do not teach the religion that they believe iu. There comes the still and bear that we can both go on in pea.co. point. I do not question their sincerity at all; but their doctrine is Now, Mr. President, I repeat that the inevitable logic, that no man that they must not send their children to a school in which their re- has denied or attempted to deny, of this House proposition is, simply ligion is not taught from the first, and is not made the primary ob- treating of this particular subject, to say that special moneys raised ject. That idea carried out is fatal to our common schools, as every- for a special purpose shall not be diverted from that purpose to are· body knows. It requires no argument to prove that. ligfons control; and it stops right there. It leaves yon to appropri- 1876. CONGRESSIONAL RECORD-SENATE. 5587 ate the general revenues of a State to the support of a sectarian But, Mr. President, my honorable friend from Maryland [Mr. private school or a sectarian public school, and only professes to pro- WHYTE] has said-which is rather apart from this discussion, but tect what the House is supposed to believe ought to be protected, •stiJl we ought to do something for the truth. of history-that Mary-:. public schools supported by the general revenues of a State, from land, founded by the adherents of the hierarchy to which I have re- sectarian doctrines, denominational control; and yet the Senator says ferred, was the first to plant religious toleration on this continent. if a little more had been put into this amendment he woultl have Mr. President, with all deference to the distinguished ci~izen of th~t gone for it with equal pleasure. State, I beg to sug~est that he is mistaken. The religious toleration What is the duty of a Senator' I had. always supposed it was that began with tne beginning of Mary land was a toleration that that a{lcordi:ng to his belief and his faith he would contribute his waa inaugurated as well by Protestants as by Catholics. There were opinions and his motions to improve and perfect legislation either in immigrants and settlements in that State of both denominations; the form of amendments or laws that are brought before him for his and in the face of a common danger, and far away from any common action. support or fountain of aid, like wise and true men they agreed on all Mr. RANDOLPH. Any attempt to amend will defeat the whole hands that each should be at liberty-as everybody else should who matter. should come to them-to worship God and to teach His religion ac- Mr. EDMUNDS. Exactly. If you alter a letter of this delusive cording to the dictates of their own consciences. There is no special and deceptive performance that was sent to us, it would defeat the right, therefore, in the Catholics of Maryland to claim that they are whole matter, because it would expose the extreme shallowness of the authors of religious toleration in that State. I am sorry that the performance. That is it. The Senate, then, must go on the idea my friend from Maryland has left the Chamber; because I am sure that the thing that was sent to us was almost intended to be a delu- if he were here I could recall to his mind the early events in that sion, or, if not, it was so inadequate, and coming from a body itself State, which would convince me, if he meant to be understood other- that was so inadequate to the occasion, that it would not do for any wise, that I am correct. member of this body to propose to correct it in any particular. That But, Mr. President, the fundamental difference shown in the dis- is rather an extraordinary idea to legislate here. I give to the hon- cusion between the Senator from New York and the Senator from orable ~enator from New Jersey the benefit of the invention. Indiana is that there is a feeling well grounded, as far as any feeling Now if I can be allowed to come back to this extraordinary thing can be well grounded, in its present attitude, that there is a particu- again for a moment, I will do so. This House proposition involves lar sect that believes, in all sincerity undoubtedly, that the public the principle that it is untit that public revenue, that all men and all schools of this country as at present conducted, non-sectarian, oru creeds are obliged to contribute to according to property, shall be sectarian, if there are any such-if there are I do not know it-by devoted to promoting the religions creed or tenets of any denomina- other sects than one, are not justified by the principles of religion; tion to which it may or may not belong; in other words, that this is that they are wrong, and that it is the duty of a well-ordered state a. land of equal rights, and that it is not consistent with republican to teach in its public institutions the particular tenets of a particu- liberty, as our fathers even in Maryland understood it, that any aid lar denomination. If they believe that to be the duty of the state, in any form, whether by established churches or schools or hospitals if they are consistent and true men, when they get the power in a. or asylums, should be given to the doctrines of any church, or that state the particular teneta of that do9nomination will be taught, and any man should be made to pay for supporting the conscience of some ought to be taught in the logical sense. There is no escape from it. other man, except so far as the conscience of some other man might If I believed it was the business of. a free state to teach episcopacy, say that he would not suffer himself to be taxed to build a public high- the particular creed to which I happen to adhere, if I had-the power way unless images of the Holy Virgin should be set up once a. mile of the state, I should not be honest if I did not put that power in to mark the length of it or unless a Protestant church with its Epis- motion ·t o teach episcopacy. So, if there be any power in this world copal spire and cross should be built at every cross-roads. The lib- that reaches into this matter or exists in it that believes it to be thA erty of conscience does not go quite so far as that. We must have duty of the state to teach catholicism when that power controls that public institutions; we must conserve the public interest by instruct- state, it necessarily follows that catholicism must be taught, and ing the youth of this country in those things essential to the preser- that public s~hools will be compelled to teach that particular doctrine. vation of the Government itself, essential to understanding tho true Mr. President, to convince you that I am right in what precisely principles of liberty and individual conscience and freedom of opin- this issue is, I beg the Secretary to read some extracts which I have ion, upon which alone a republican government can rest. But when made from the encyclical letter of the Holy ~.,ather, dated the 8th any man undertakes to set up his conscience between his paying taxes of December, 1864, and tb:e syllabus of errors which he condemns, to support a public highway or a. public asylum or a public school, which follow. on the ground that his conscience does not permit him to believe in Tho Secretary read M follows: highways or asylums or schools, then he is asking too much of others The encyclical letter of Pope Pius' IX. upon his conscience. To our venerable brothers, the pa.trlarchs, primates. archbil:•hops, and bishops The liberty of conscience, while it is universal in every church but of the universal church having grace and communion of the apostolic see. ~:me, is not a liberty of conscience to stand in the way of these great Pius P. P. IX. He'llth nnuapost.olio benediction. and nece.ssary acts to which I have referred ; but it does stand in the * * * • * .. * And those our predecessors, who were the aasertors and champions of the au· way (and the security of th~ Republic is bound up in it) of imposing gust Catholic religion, truth and justice, being aa they were chiefly solicitous for upon any man or set of men public burdens to promote the religious the salvation of souls, held nothing to be of so great importance as the duty of opinions particular to soot.s and denominations of any other set of men. exposing and condemning. in their most wise letters and constitutions. all heresies That is the proposition that the Judiciary Committee has reported, and errors which are hostile to moral honesty anu to the eternal salvation of man- kind, and w hioh have frequently stirred up terrible commotions and have damaged and that is the proposition that every democrat 'in this body opposes both the Christian and mvil commonwealths in a disastrous manner. Theroforo in every step in its proO'ress. It gives me great grief to say it. I had those our prcdece sors have with apostolic fortitude continually resisted the ne- lwped, I hacl believed tl1at, for once in this Chamber, an amendment farious attempta of unjust men. of those who like raging waves of the sea foam· ing forth their own confusion anrl promising liberty while they are the slaves of so catholic, in the highest and best sense of that term, so democratic, corruption, emleavored by their false opinions and most pernicious writings to in the highest and best sense of that term, so republican, in the high- overthrow the foundations of the Catholic religion and of civil society, to abolish est and best sense of that term, would have met with universal ap- all virtue and justice, to deprave the souls and mind, of all men, and especially to probation in respect of the prinoiple upon which it was founded, and, pervert inexperienced youth from uprightness of momls, ro corrupt them miser· to lead them into snares of error, and finally to tear them from the bosom of if the phraseology reported by the committee should have been found ably, the Catholic Church. to be the subject of just criticism, that we should have ha-d the .. .. .. * friendly propositions and observations of gentl~men upon it in order Now, although hitherto we have not omitted to denounce and reprove the chief that this great and fundamental principle might go into the organic errors of this kind, yet the cause of the Catholic Church anu the salvation of Rouls committed to us by God, anu ev-en the interest of human society, absolutely demand law with the prayerful good-will of all men of all parties. Bnt for that once again ~e sboulll stir up yonr pastoral solicitude to drive away other some reason we find that this mere delusion, this scrap of moonshine erroneous opinions which flow from those errors above specified, as theil· source, that has been sent to us, is hugged as if it were the very heart of These false and perverse opinions are so much the more detestable by how much love by all our friends, and one and every proposition to embody the they have chictly for their object to hinder and banish that salut.ary influence which the Cat.holi(} Church. by the institution anu command of her divine Author, ought principle in an effective form is resisted in every way possible. freely to exercise, even to the consummation of tho world, not over lndiviuualmen, Mr. President, the -public schools of this country are dear to the but nations, peoples, and sovereigns, and to abolish that mutual co.operation and heart.s of almost all American citizens. They have seen in them for agreement of counsels between the priesthood and govel'lltnents which has always a hundred years the very life-blood of intelligent and progressive been propitious and conduci>e to the welfare both of church and state-Gregory republicanism. I do not mean party republicanism, as it is now XVI,* Encyclical,}3th Augus._t, 1832.) called; I mean that republicanism that gave the name of a. republic Contrary to the teaching of the holy Scriptures, of the church, and of the holy to this nation. They have seen in that system the fountain-spring fathers, these person!! do not hesitate to assert that " the best condition of human society is that whorein no duty is recognized by the Govet'Illllent of correcting by of the wonderful and marvelous material prosperity of this country. enacted penalties the nolntors of the Catholic religion, except when the mainte. They have seen in it the growth of manufactories, the growth of nance of the pnblic peace requires it." From this tota.lly f:1lso notion of social gov- farms, the enterprises of railways, the telegraph, and thestaambollnd that. "if it is always free to human He did not criticise, neither have any of onr frienus upon the other arguments to discuss, men will never be w3nting who will dare to resist the truth, side criticised, the form in which the House of Representatives sent and to rely upon the loquacity of human wi.sdom, when we know from tho com· maml of our Lord Jesus Chnst how fdith aud Chrisban wistlom ought to avoid us this resolution, which was this- this most m;schievous vanity. (St. Leo, Epistle 164, al. 133, section 2, noll. edition.) That the following be proposed to the several States of the Union as an amend· * * • * * * .. ment to the Constitution, namely- Amid so great perversity of depraved opinions, we, remembering our apost?lic when tho Constitution itself declares that every amendment of this outy, and solicitous before all thinvs for our most holy religion, for sound doc~e, character shall be specifically submitted either to tho Legislatures of for the salvation of the souls conti'aed to us, and for tile welfare of human soCiety itl!clf, have considered tho moment opportune to raise anew our apostolic voice. the sevoral States or to conventions to be called in the several Stateii Therefore do we by our apostolic authority reprobate, renounce, and coodemn gt>~­ to act upon it. Therefore, if ~e had taken the blind adoration that erally and particularly all the evil opinions and doctrines specially me~tioned m this letter, and we wish that they may be held as reprobated, denounce~ and con- our friends ou the other side have seemed to have for this House demn~d by all tho*children of* the Cathol~c Church. * * proposition and put it through, we should have had an amendment PIUS PP. IX. that would have been ~l,lsolutely void upon its fuce, not submitted to Given at Rome from St. Peter's this 8th of December, 1864, the tenth anniver- any tribunal that the Constitution of the United States authorizes to sary of the dogmatic definition of the immaculate conception of the Virgin .Mary, act upon it; for, as I have said, the Constitution in this particular is mother of God~ in the nineteenth year of our pontificate. absolutely specific. The fifth article says: * 1t * * * * * The Congress, whenever two-tllinls of both Houses shall deem it necessary, The syllabus of the principal errors of our time which are stigmatize1l in the shall propose amendments to this Coustitution, or, on the application of tho Log isla· consistorial allocutions; encyclical, and other apostolic letters of our most holy tures of two-thirds of the several Sta.tes. shall call a convention for proposing father ~ope Pius If- * * * * * amendments, which, in either case, shall be valid to all intents and purposes, as 45. The entire direction of public schools in which the youth of Christian st.'\tea part of this Constitution, when ratified by the Legislatur~ of three fourths of the are educated, except (to a certain extent) in the case of episcopal seminaries, may several Sta.tes, or by conventions in three.fourths thereof, a.s the one or the other and must appe.r tain to the civil power, and belonj1; to it so fartbatno ot11er author- mode of ra.tillc.-..tion may be proposed by the Congress. ity whatsoe\"er ahall be recognized as haY in~ any right to interfere in the discipline The House of Representatives proposed to send this amendment to of the schools, the arrangeme.n tof the studies, the taking of degree-s, l)r the choice and approval of the teachers. (Allocution in COill~istoriali, 1st November, 1850. the States without proposing either mode of ratification. I have no Allocution qnibuslnctuoaissimia, 5th September, 1851. doubt that this departure from the constant form of the Constitution, * k * * * * * which from the .fu'St amendment adopted to the last one has been 47. The best theory of civil society requires that popular schools open to the used, following the form named in the Constitution, was purely an children of all classes, and generally all \>UlJlic institutes intended for instructing in letters and philosophy, and for conducting the education of the young1 should bo oversight, one of those accidents which of course will happen. But free from all ecclesiastical authority, government, and interference ana should be I pass from that. fully subject to the civil and political power, in conformity with the will of rulers Now, I come to some criticisms which the Senator from New York and the prevailing opinions of the age.- (Letter to the Archbishop of Fribourg, has made upon this phraseology. He says that we cannot teach the Jnum non sine, 14th July,1864.) · 48. Thill system of instructing youth which consists in seperatin"' it from the particular tenets or creed of a religious denomination in an orphan Catholic faith and from the power of the church, and in teaching exclusively or 'lot :\Bylum. That is perfectly true. Why should we f If the principle least primarily the know led~e of natural thin~s and the earthly ends of aoc1allife that we stand upon is right, why should we teach congregationalism alone,*may beapp~ved by \.iapl,oli?S. (I~., ib1d.) * _ • * or episcopa.cy at his expense in the orphan asylum in tho town where 77. In the present day it is no longer expedient that the Catholic religion shall be my honorable friend liveH, if he as an election dodge. sense. When you tell me that the State of Indiana can legalize mur- 1\Ir. HARVEY. Will the Senator permit me to ask him where this der, can legalize robbery, can legaliz;e a system of religion, I say it is question comes from t as absurd ~ it would be for me to say that my friend from Indiana :Mr. EATON. I do not know, nor care. can commit murder. Of course he can; but will ho T Will any rea- 1\Ir. HARVEY. Did it not come from the House of Representatives T soning man in a community do a thing of that sort 7 This whole busi- Mr. EA'.tON. It came from James G. Blaine. _Did you ever hear ness is absurd. Let us go a step further. of him f ' No public property, and no public revenue of nor anyloali of credit by or under 1\Ir. HARVEY. Did it not also come from the democratic House of the authority of, the United States, or any State, Temtory, District, or municipal Representatives T corporation shall be appropriated to, or made or used for, the support of any 1\fr. EATON. Not this" creetur." This whole business originated school, educational or other institution. with Hon. James G. Blaine. Did you over hear of him f It was one For ono moment look a.t this. The State of Connectjcut, small I of his dodges to get a nomination, and I wish he had got it. I have agree, representing her humbly, as I agree I do-and I hope I shall been sorry eYer since that ho did not; and yon have been glad eve.... not injure my friend's feelings when I say the soverci~n Stato of Con- since. · necticut is not to be permitted to give a thousand doJlars to au edu- Mr. HARVEY. Vvas he able to dictate to the democratic House of cat.ional institution unless my friend Jrom Indiana and the honorable Representatives f Senator from Vermont say she may do it. I h:we ·no patience with Mr. EA'fON. I am not able to say what Mr. Blnine could or could snob an argument. In my oit.y of 50,000 people, small I agree it is, not do. He llas done a great many thiog~:~ in this world tllat I do not there are two asylums for children, one a Catlwlio asylum and the want to talk about. other a Protestant asylum. There are in those two asylums five hun- 1\ir. HARVEY. This measure comes to us with the sanction of the dred cllH.dreu, and the city of Hartford, my oity, by this amendment House of Representatives. cannot g1ve a thousaml dollars a year to each of those two asylums 1\ir. EATON. No; I beg your pardon. This comes tons from tile although by doing it they shonJd save $20,000 a year. It is absurd. honorable Senator from Vermont. I am not talking about anything I have great confidence in the intelligence of my honorable friends else. I will come to that by and by. I am talking about what tho from Indiana and Vermont, but I beg to say to them both that Con- honorable Senator from Vermont has brought into the Senate. necticut can take care of ih; own schools and its own religions with- 1\ir. HARVEY.· The very language on which the Senator llae just out their a. sistance. 'Ve do not require it, amlin my judgment it been commeutiug i in t he original rosolntiou. will he a good many yea1 before we shalL That is my opinion . Mr. EATON. Is it possible! Very likely. I have not read it; I I am glad of one thing. My fri end from Mi so uri [Mr. BOGY] aid am glad my friend has. 1876. CONGRESSIONAL RECORD-SENATE. 5593 Mr. HARVEY. I had the impression that the Senator had not read it. come to another amendment it will be time enough t() talk about that. Mr. EATON. This came from my friend from Vermont. It is very Mr. MORTO~. Mr. President, if anybody has attacked the Catholic good reading, but I have not got through with it. yet. religion here to-night I have not heard it. The Senator's defense of Anrl no such particnl&r creed or tenets shall be read or taught in any school orin- it I think was entirely gratuitous, and I doubt whether he will get etitution supported in whole or iu part by such revenue or loan of credit; and no many thanks for it even from them. But it is a little extraordinary such appropriation or loan of credit shall be ma.de to any religious or anti-religious to hear my friend from Connecticut chargin~ the presence of this sect- proposition here to-night as a republican trtck, a partisan trick, a we have not any of those in my State- t-!llng that we have brought in here, ln~ged in by t.he heels, for the organization, or denomination, or to promot~ its intt>rests or tenets. This article purpose of making a new issue. How dtd this get here f A resolu- shall not be construed to prohibit the reading of the Bible in any s.ehool or institu- tion came from the House of Representatives, which ha.a nearly a two- tion. thirrougl.tt were not such; but I tha-nk God for one thing, and that is this: I rec- here for partisan purposes. My friend says we want to make a new ognize the great good that t.h e Catholic people have done in my ·own issue. He onght to have said that his democratic friemls want to town, in my own .State, and therefore I stand here, a representative make a new issue. It. stands just about this way: that for the pur- of puritan Connecticut, to defend the action of the Catholic religion- pose of meet.ing a strong feolit:g throughout the nat.ion, for the ists in my State. They have done well. I have nothing to do with purpose of allaying a great fear, a proposition is made to amencl their religion. 'l'bey will take care of that, and I will take care of the ConstHution which, at first glance, seems to accomplish the p•'r- mine. I do not ask. them to support me; they do not ask me to sup- pose, but on examination it is found not to accomplish ihe purposo, · port them. Let ns not have any quarrel on this subject; and there- but is in effect a fraud and a sha.m, and when we try to amend it and fore I would hope almost to a man tbat we sl.10ulu vote clown this wake it a thing of substance and to cover t.he whole ground we are amendment of the honorable Senator from Vermont; an4 when we told that it is all wrong; that the whole matter belongs to the States. 5594 CONGRESSIONAL RECORD-SENATE. AUGUST'14, Mr. RANDOLPH. May I ask the Senator a question t if it becomes a part of the law prohibits the States from taking a Mr. MORTON. Yes, sir. school fund, already dedicated and set apart, and appropriating it Mr. RANDOLPH. Who decides that the amendment offered by the to the support of sectarian schools. We amended that by also pro- Honse is a fraud and a. sham t hibiting the States from levying a tax for that purpose or from ap- Mr. MORTON. Does my friend want an answer T propriating money out? of the general Treasury for the same purpose, Mr. RANDOLPH. Yes, sir.. and going into some details for the purpose of perfecting it. We n.re l!r. MORTON. For one I will undertake to decide it, so far as I trying just as we would upon any other measure to perfect a proposi- am concerned. That is to say, I give my opinion that the effect of it tion. Weassumethatit came here in good faith. Wewantedtomake it is a mere sham; that while professing to protect the public against better and cover the ground. My friend admits, and he cannot help sectarian schools or the appropriation of public money to carry them admitting, t.hat as it came here it is grossly impel'fect; it amonnts on it simply prevents the application of a school fund raised for that to bot very little. 'Ve have tried to improve it, but now the opposi- purpo88 and leaves each State at liberty to levy a tax for that pur- t.ion to-night comes upon the broad ground that the whole matter bo- pose.. In that respect it is a sham. longs to the States, coming as strongly against the House proposition Mr. EATON. If my friend will allow me, I agree with him. I as against the amendment o:f the Judiciary Committee. 1\fy friend think that is a sham and all the others frauds. from Missouri announces a doctrine here to-night in good faith anti Mr. MORTON. The Senator agrees that it is a sham T fnll of intelligence which strikes at the very ba8is and existence of Mr. EATON. And all the rest are frauds. the principles of t.he nation. '!'here can be but one rea-son that I can Mr. MORTON. The Senator from Connecticut has brought me to understand for opposing this amendment, and that is that the States it, and now let m~ state this thing very fully. This resolution as it shall be left with power if they see proper to establish a church and came to us is for political purposes. There is not a doubt about it. tax the people for the support of sectarian schools. The amendment It is to meet a strong feeling e}.."i.sting throughout the United States, only prohibits them from doing that thing. Is it right, is it good but it is to meet it by false pretenses. While pretending to guard policy, is it consistent with American liberty to prohibit the States the nation against this great danger it does not in effect do it. It from doing that thing f I think that it is. Those who oppose it simply keeps the States from taking an established school fund, but must do it. npon the ground that the States ought to have that liberty, leaves them to tax the people from year t.o year for the purpose of that it may be their interest., it may be their feeling, some time, t.o supporting sectarian schools. We might as well understand this exercise that power. I feel that in this matter we are entirely right, thtng. I did not intend to say so mncb, but my friend has been so and that our opponents, as they have been upon every one of these persistent in saying that it is a republican trick, a sham, that I pre- constitutional amendments, are entirely wrong. fer now to state the matter very fully and strongly. It was man .1- My friend said a while ago that the logic of the war was to destroy factured and sent here for a political purpose, and that was to make slavery, and then it wa-s natural and proper that we should put an the impression that our democratic friends were in favor of free amendment to the Constitution abolishing slavery. So it wn.s; but schooL-. and of protecting them in their public character. It was in- that was opposed by the democratic party from the hour of its intro- tended to make that impression, but when it is shown that it does duction here up to this very time. It was right; it was proper; but not have that effect and we bring it out in its true character aud ex- it was opposed, just as this thing is opposed; and so was the four- pose this attempt which has been made, then we are told that the teenth amendment, and so the fifteenth. This is just as clearly right whole thing belongs to the States; that we have no business with it; as either of those three amendments, and there can be no argument that we are robbing the States of their rights. How robbing the or debate against the justice of this amendment. It simply places States T This cannot become a part of the fundamental law unless religious liberty in this country and education upon impregnable three-fourths of the States a~ree to it. We cannot take the power. grounds. It is no blow upon the Catholic Church. 'fhe idea seems from the States by passing it nere. Three-fourths of the States have to be to appeal to the sympathy of the country as though it were an to agree to it, and when they do it, it becomes the law. Our Consti- attack upon catholicism. It protects catholicism as it protects pro- tution provided that we might amend the Constitution by the con- testantism. It is just as much for the one as for the other; just as sent or approbation of three-fourths of the States, and this is simply much against the one as against the other, and it is perfectly idle to following the line prescribed by the Constitution itself. If the State.s talk about this thing being an attack upon the Catholic Church. It agree to it and give up this power it is all right. They have nobody seems to me that the opposition to this thing gets down to a very to blame but themMelves. If three-fourths of them agree to it, then small proportion when it is charged w-ith being simply a republican it becomes the law of the land, just like any other constitutional trick, just as if it was devised here and gotten up for the occasion. amendment. Why talk about robbing the States! Robbing them of Mr. SAULSBURY. Mr. President, I desire to occupy the atten- what l Robbing them of the power to tax the people of the State tion of the Senate not more than three minutes. I do not intend to for th~ support of sectarian schools f Tha.t is the robbery, is itT discuss this question. I am sorry the discussion has taken the torn Mr. EATON. No. . that it has; but what I rose to say particularly was that my friend Mr. MORTON. Robbing them of the l'ower to establish a church T from Indiana &'eks in his closing remarks upon this debate to make That is the robbery, is itt . . the impression that the democratic party is responsible for any agi- 1\lr. EATON. No. tation that may arise in the country from a discussion of this character. l\lr. MORTON. My friend said we wanted to do it. That Senator knows, and every other Senator knows, that at the Mr. EATON. If the gentleman will permit me he ought not to very commencement of this session the President of the United States, misrepresent me. Will he permit me to set him right T the head of the republican party, brought this question here in his .Mr. MORTON. O, certainly. annual messagA. They know, and know full well, that prior to that Mr. EATON . • I have said this over and over again: that the States time the head of the republican pa.r ty, in t·he city of Des Moines, shall determine, not that you are to determine it; not that the States opened the campaign last fall upon this very issue. They know full will or will not be robbed, but that it is not your business as one of well that one of the leading repu blicau candidates for the nomination the Senators from lndiana to talk about this matter at all. While I for the Presidency at the commencement of the session of Congress am up, as the Senator gave me the floor, I beg to ask him if every one introduced almost the precise resolution which the House of Repre- of the republican Representatives' did not vote for the very amend- sentatives sent to the Senate. ment that he is now t:tlking about. I do not express any opinion either in fayoror against the proposi- Mr. MORTON. I presume they di..d of God afresh if be were on earth, or what is litt1e bett,er, who attempt St.ates by the cone·c tor of internal revenue for the sixth Kentucky dis- to ditltlll'b the peace of the church and to array the Christian brother- trict, in excess of the amount. of lawful tax collected upon the sale hood in deadliest hate against each other. . of ~,031 pounds of manufactured tobacco, on the 28th day of June, I appea t to the American people, standing here in my place, to be 1864, submitted an adverse report thereon; which was ordered to be deaf to all such appeals. Let not the worst passions of mankind be printed, and the bill was postponed indefinitely. invokecl in this campaign; but let the peace of the church flow on as He also, from the same committee, to whom was referred the hill it bas in the past, and the great mission of Christianity accomplish (S. No. 355) for the relief of James Millinger, of New Jersey, submit- that good for which it was sent. Let not politicians make the cause ted an adverse report thereon; which was ordered to be printed, and of the Redeemer subservient to base party ends. I protest against it the bill was postponed indefinitely. in the interest of Christianity and the peace and happiness of man- He also, from the same committee, tfl whom was referred the bill kind. (H. R. No. 2832) for the relief of .Mrs. Eliza E. Hebert, of Louisiana, 'fhe PRESIDENT pro tempore. The <]Uestion is on the passn.ge of reported it with an amendment, and submitted a report thereon; the resolution, on which the yeas and nays have been ordered. which was ordered to be printed. The Secretary proceeded to call the roll. CO::\IMITTEE ON CO~TINGE~T EXPENSES. l\Ir. EATON, (when Mr. BARNUM's name was called.) I wi8h to state tbat my colleague [Mr. BARNUM] is paired with the Senator Mr. JONES, of Nevada. I desire to offer a resolution. from Massachusetts, [Mr. DAWES.] One would vote one way and The PRESIDENT pro tempore.. Is t.here objection to the Senator the oth£>r the other. [Laughter.] from Nevada offering a reeolution, the Senator from Rhode Island Mr. ED~IUNDS, (when Mr. IlA.Mrr..TON's name was called.) The having moved that the Senate proceed to t.he consideration of execu- Senntor from Texas [Mr. HAMILTON] is uetained at his rooms by ill- tive business f The Chair hears none, and the resolution will be re- ness. He is paired with the Senator from Virginia, [Mr. WITHERS.] ported. Tile-Senator from Texas would have voted in favor of this amend- The Chief Clerk read aa follows: m~·nt, and the Senator from Virginia, as I understand, would have Resolved, That the Committee to .Audit and control the Contingent Expenses of voted a.gainst it. the Senat.e have leave to sit during the recess of Congress. Mr. HITCHCOCK, (when his name was called.) On this question I am pr.ired with the ienator from Maryland, [Mr. WHYTE.] He Mr. LOGAN. ~ask the Senator from Rhode Island if h~ will give would ha>e voted "nay," and I should have voted ''yea." way for a moment that I may call up a bill of very great importance, Mr. RANSOM, (when his name was called.) On this question I am which will not cause any delay in Ilis executive business. paired with the Senator from Wisconsin [Mr. HoWE] and the.Sena- The PRESIDENT pro tempm·e. Does the Senator from Illinois ob- tor from Kansas, [Mr. INGALLS.] They would vote" yea," and I ject to the consideration of the resolution T · should vote " nay." Mr. DAVIS. Let it be reatl. .Mr. SAULSBURY, (when his name was called.) I am paired on The Chief Clerk read the resolution of Mr. Jo~s, of Nevada. political questions with the Senator from Pennsylvania, [Mr. CAM- Mr. DAVIS. I believe that is usual. ERON.] I did not think at the time I made the pair of this question, Mr. MORRILL. That is always usual. and I presume he was not expecting it. In hi"! absence I do not feel '!'he resolution was considered by unanimous consent, agreed to. at liberty to vote. I would vote against the proposition. ORDER OF BUSINESS . .Mr. WINDOM, (when his name was calletl.) On this question I nm paired with the Senator from Delaware, [Mr. BAYARD.] If pres- Mr. LOGAN. Now I appeal to the Senator from Rhode Island. ent tho Senator from Delaware would vote" nay," and I should vote The PRESIDENT pro tentpm·e. Will the Senator from Rhode Island "yea." yield to the Senator from Illinois f 'fhe roll-call was concluded. Mr. WINDOM. I hope the Chair will put the question on the mo- Mr. GORDON. I wish to state that tho Senator from Pennsyl- tion of the Senator from Rhode Island or else on the motion which I vania [.Mr. WALLACE] is paired with the Senator from South Caro- made. lina, [Mr. RoBERTSO~.] If they were here the Senator from Penn- The PRESIDENT pro tempore. The Chair is entertaining business sylvania would vote" nay," and the Senator from South Carolina. by unanimous consent. '!'he request of the Senator from Minnesota would vote "yea." is in the nature of an objection. Mr. ALLISON. I desire to state that my colleague [Mr. WRIGHT] Mr. LOGAN. If the Senator from Minnesota will allow me to ex- is paired with the Senator from Maryland, [Mr. DENNIS.] My col- plain, I will state the reason why I ask him to give way. It seems league wollld vote "yea," and the Senator from Maryland would vote to me that through courtesy I should be allowed to explain. "nay." Mr. WINDO~I. I suppose the business before the Senate is the mo- Mr. PAD DOCK. 'Vithout a very strong stoma.ch for this sort of tion pending made by the Senator from Rhode Island. I do not know legislation, I vote " yea." that an appeal can be made to me at present on that subject. The result was announced-yeas 28, nays 16; as follows: Mr. CONKLING. I hope I may be allowed to make a suggestion. It is now one o'clock. Tbe Indian bill is a voluminous bill, so that YEAS-Messrs. Allison. Anthony, Booth, Boutwell, Bruce, Burnside, Cameron of it will take a long time to enroll it. I can see in the case of that bill Wisconsin, ChriMtiancy, ()layton, Conkling, Cragin, Edmunds, Ferry, Frelinghuy- sen, Harvey, JoneR of Ne'"at.la, Logan, McMillan, Mitchell, Morrill, Morton, a. reason why we should stay here and pass it. I cannot see in the O~~edby. Paddock, Patterson, Sargent, Spencer, Wadleigh, and West-28 . case of any private bill, especially one to which no objection will be .NAYS-Messrs Bo.!v Cochell, Cooper, Davis, Eaton, Gordon, Jones of Florida.l made, why we should punish ourselves by ata.ying here all night K('llly, Kernan, Key,· McUreery, McDonald, Maxey, Norwvod, Randolph, ana StevenR~m-16. when we are going to be here to-morrow in any event. I suggest to .ABSEYT-Messrs. Alcorn, Bamnm, Bayard, Cameron of Pennsylvania, Cono. Senators, without meaning to interfere with anybody, that therefore ver, Dawe.a, Dennia, Dol'sey, Goltlthwaire, Hamilton, Hamlin, llitchcock, Howe, the Senator from Minnesota has an obvious reason for wanting the In~alls, JohnRton, Merrimon, Ransom, Robertson, Saulsbury, Sharon, Sherman, Indian bill to be acted on to-night, so that the clerks may have an Thurman, Wallace, Whyte, ·windom, Withers, aml Wri~ht-27. opportunity to enroll it. That reason does not apply to any other The PRESIDENT pr·o tempore. Two-thirds of the Senators prl'sent bill that occnrs to me now, none that is proposed. Therefore I sug- not having voted to agree to the resolution, the same is not passed. gest that the Senator from Minnesota bo allowed to take up the con- MESSAGE FROM THE HOUSE. ference report and have action upon it, and then we adjourn till morn- in~ and not wear ourselves out by sitting here all night. A messagefrom the Houseof Representatives, by Mr. G. M. ADAMS, Mr. WINDOM. I hope the Senator from Rhode Island will allow its Clerk, announced that the Honse had passed the following llills; me to present the conference report. in which it requested the concurrence of the Senate: .Mr. ANTHONY. In consideration of the fact stated by the Senator A bill (H. R. No. 4107) to provide for the payment of a full month's from New York anrl the Senator from Minnesota, the necessity of en- wages to certain of the employes recently permanently discharged rolling this voluminous bill, I withdraw the motion to proceed to the from tile service of the Bureau of Engraving and Printing; anu consideration of executive businl'ss; bot I must state that after that A bill (H. R. No. 4106) t.o aut,horize the President to accept the rna tter is disposed of I shall renew the motion, and if it does not pre-- . services of volunteers to aid in suppressing Indian hostilities. vail then, I shall renew it as soon aR we meet to-morrow morning, and REPORTS OF COMMITTEES. I shall keep on renewing it with the same persistency as my friend Mr. 'VINDOM. I move that the Senate proceerl to the considera- from Illinois insists on his bounty bill, and I hope with more Sllccess; tion of the conference report on the Indian appropriation ill. for unless we shall transact some business in executive session, we Mr. ANTHONY. I move that the Senate proceed to the considera- shall be called together after the adjournment of Congress. tion of executive business. Mr. SARGENT. We must have an executive session. The PRESIDENT pro tempor·e. The question is on the motion of Mr. LOG.Al~. May I be permitted to say just one word, and it is the Senator from Rhode Island, which takes precedence. very hard to get an opportunity to say anything f It is not neces- Mr. WADLEIGH. I wish to make some reports. sary for the Senator from Rhode Island to allude to the bounty bill. The PRESIDENT pro tempore. Is there objection to the Senator If he was as willing to get np the bounty bill as sometimes he pre- from New Hampshire makillg reports T tends to be, there would not be so much trouble about it. I rose, The Chair hears none. however, to state that ~ bill ha.s just come from the House in refAr- Mr. WADLEIGH 1 from the Committee on Claims, to whom was re- ence to the organizat;'>n of troops in the Indian country, which I ferred the bill (S. No. 147) to refund to William Watts, of the count.y think is about as important as any matter before this Congress. I I 5596 CONGRESSIONAL RECORD-SENATE. AUGUST 14, desired to have an opportunity to say that much, and to ask that the sert "twenty-five," a.nd after the word 11 dollars," in line 26, page 39of the bill, adcl bill be taken up for immediate action. the followinJ! : "And the Commissioner of Indian Affairs shall direct that said IncliallB ~lutll .Mr. CONKLING. May I ask my friend from illinois a question f not be allowed to lea>e their proper reservations; and it shall be tho tlntv of the Mr. LOGAN. Yes, sir. War Department to aiel tho Indian Office in seeing that the orders of tho Commis· Mr. CO~KLING. I ask does it make any difference practicaHy sioner are executed; and rations shall not be issued for a longer period tb:m one week at a time; and arms or ammunition shall not be issued, sold, or given to saitl whether that bill passes now or waita until eleven o'clock to-mor- Indian.~." row! - And tb e Senate agree to tho same. 1-.lr. LOGAN. I think it makes :t. great deal of difference for this That tho House recede from its di a"'reement to the amendment numl1!'r!'d 33, reason: I do not think the bill which the House have sent to u-s will ancl agree to tho Ramo, with nn.amendment as follows: Strike out "forty" and in- sert "twenty," and the Senate agree to the same. pass; I propose to offer a substitut-e for it so that there must be a con- That tho House recede from its clisagreemcnt to the amendment nnml1cred 41, ference between the Houses to settle the question, if the Senat-e agree and agroo to the same, with an amendnient as follows : At the end of said ameml- with my views. If not, the bill as the House passed it can be agreed mentadd: to. · . "Provided, That when sufficient matt<·r to make a volume of statistics and his- Mr. EDMUNDS. Will the Senator allow me to suggest that we can torical data. is prepared it shall be submitted to the Commissioner of Inclian Affairs and r ..feiTetl by him t-o the Regents of tho Smithsonian Institution and published do both in fifteen minutes f on their WJitten appro>:H." Mr. MORTON. Let us go right on. And tho Senate agree to tho same. The PRESIDENT ZJTO tempore. Does the Senator from Minnesota. and Tllat the llouso rocelle from its disagreement to tho amendment numheretl 54, af!reo to the same, with an ameni:lment as follows: After tho word" for," in insist on his motion 7 line 8 of sahl amendment, insert "agricultural imploment.a aml for •· and in line 11 Mr. HITCHCOCK. I ask unanimous consent to make a single re- striko oat " five" and insert ·• six," and at the end of enid am one1ment add "anu mark. I ask that the chairman of the Committee on .M ilitary Affairs $:}00 of said sum shall be paid to tho uperintendent of common . chools in North be allowed first to present the report of his committee upon the bill StateCarolina, who shall have the supervision of tho schools of the Cherokees in said nuder direction of the Commissioner of Indian Affuirs ;" and the Senato agrco to which he refers. It will certainly take no time. rothesamo. Mr. WINDOM. I have no sort of objection to allowing the Senator That tho Honse recede from its , and 6l, . That the House recede from it-s tlit~a.greement to the amendments of tho Senate That the President of the United States be, and he is her by, empowered to in- numi)erctll, 2, 11, 6, 7, 8, 9, 10, ll, 13, 14, 15, 19, 20, 'l!2, 23, 24, 26, 27, 28, 29, 30, 32, :JJ, crease the number of enlisted men to one hundred for OMh company of ncb regi- 34. 35, 36, 37, 56, 58, 59, 60, 62, and 63. ments of cavalry as in his opinion may reqniro the same. Provided, That not more That tho House recede. from its disagreement to the amendment numbered a; than twent.y-fivo hundred enlist.e«l men shall thus be arld6ll at any one time to tho ancl a~ee to the s:tme, with amendments aa follows: In line 24, page 2. stl'ike out twenty-five thousand authorized by tho act approvcd.Tuly24, 1876. "ruakin2np,pro· "five ' and insert "six," and after tho word " expenses " insert in line 27 of tho priations for tho support of the Army for the fiscal year endint? .Tune 30, 187i, 'an:l same page "in excess of $100," and in line 9, page 3, of the amendments, after the the following sums are hereby appropriated for recruiting and maintaining tho word • thousand" insert •' and one hundred ;" and the Senate agree to the same. same: That the House recede from its disa~eement to tho amendment numuerell4, and Recruitin~ 2,500 cavalrymen ...................................... .. ... . 50,000 agrt>e to the same, with an amendment as follows: In line 11 of tmid amenclment, 39o.o;:o ~~bsfs ~!:.~~: ::: :::::::·:::: ::::::::::::::::::::::::::::::::::::::::: 0 page 3, strike out "six: •• and insert "four," and after the wonl ".Minnesota," in 200,400 line 12~ same page, strike out all down to and including: the word "Carolina," in line 14, ana as a. distinct paragraph to follow the amenttetl paragraph, insert: "For pay of special agent of tho Eastern Cherokee and other Indians in North Carolina up to Septombl'r 1 next, after which tho office of saitl agent is abolishetl, $250," antl in line 16 strike out •• nine " and insert "six," and at the end of line 3. page G .~r;~l~!:~¥~~~~~:: ~::: ~:::::::::::::::::::::::::::~::::::::::: ~::::::: Transportation, (wa~ollB., &c.) ................ ·-- --· ···--------·-- ..... . 20G, COO ~HG, 000 337, :;oo E'-1, 800 Transportation by rail, &c.. _••..••••.••••• ·-·· .•••••••••.•....•...•..••. 150, 0~0 of the bill, adtl the following: "and fo•· giHng-twino for neh1. $1,200 ;" and at the eud of line lfi, same page, add "and for gilling-twine for nets, $400 ;" at tho onll of Making in all ........... -···----· ................ ----·- ....... . ... 1, 634,700 Jine l5, page 7, add" and for gilling-twine for nets, $400 ;"and the Senate agree to tho same. 1\lr. MORTON. What is the appropriation in this amentlment f · That the Senate recede from its amr.ndment numbered l7, with tho oxceP.tion of Mr. LOGAN. It is $1,634,700. the words after tho word "Territory," in lines 2"2 and 2.1, page 20 ()f the bill; and the House agree to the same. Mr. STEVENSON. How much is it in the Honse bill f That the House recede from its disagreement to the amendment numbered 2l, M:r. LOGAN. "One million uollars, or so much thereof as ma.y be anu agree to the same, with an amendment as follows: Striko out" four" and in- necessary." I desire to say to the Senate that it is impossible to exe- 11 rt "two," amlstrike out " and nineteen," and strike out" eight humlred;" and tho Senat-e agree to the same. cute the House bill. I can demonstrate in five minutes its ntter irn· 'l'hat the House recede from its dis-'\greement to tho amenclment nlllllbered 25, and practicability and show that preference ought to be given to the agree t-o the same, with au amendment ag follows: In line 4 strike out the word proposition suggested by the President and heretofore adopted by •·tribe" wherever it occurs, and insert in lieu thereof the word" banlls," aml after tho Senate. The President's suggestion to the Senate was to recruit the word "people," in line 5, strike out all down w and including the worll '·'In- twenty-five hundred cavalrymen, that is, twenty-five hundred pri- tlians," in line 7, and inse•·t "and hereafter there shall bono appropriation made for the subsistence of said Indians," and in Uno 2J, after tho worll "tlesi~nate," insert vates. Their p,a y would be 13 per month. The pay of twonty-th·o the following: "And the further snm of 20,000 is hcrcb.v appropriated, to !Jo ex- hundred men for one year at 13 per month woulu be · 90,000. T!Jo pended under tho direction of the President of the Unit-ell States for the purpose pay of five thousand under the bill aa agreed to by the House woulU of carrying int.o eftect the foregoing provisions," and make the word ·" amount" in be the same, because they are recruiteu for six mouths. That applies lino 26 plural; aml tho Senate a~re~:~ to tho same. That the lloose recede from its disagreement to the amendment numbered 31, to the private soldiers. The twenty-five hundred men can l>o re- and a.gree w the same, wit.h an amendment aa follows: Strike out" fifty" and in- cruited and absorbed in the existing companies wilihout appointing i87G. CONGRESSIONAL RECORD-SENATE. 5597 a solitary officer to command them ; but the commissioned officers Mr. CLAYTON. If he is, can he state tl1e amolint paid them per alone in t.he bill from the House will cost $~14,615 at the pay fixed month for the nse of their horses T • by the law as it now stands. There is, then, an addition of $314,6lr> Mr. LOGA.l~. Forty oonts a day. made by the House. Tho 11ecessary clothing for the five thousand Mr. CLAYTON. Twelve dollars a month. would ue just double, be<.:ause the clothing is necessary, no matter Mr. ALLISON. Seventy-two dollars for six months. wh6ther tbev are to serve for six months or twelve months. Mr. CLAYTON. Wbat_'price did the Senator put on the horses in Mr. EDMUNDS. !~is just the same. hls~tima~T . Mr. LOGAN. I; is just the same. I will show in two minutes that Mr. LOGAN. I estimated them at $100 apiece. They cost more it will cost oveJ il,OOO,OOO to execute the bill as passed by the House, than that. and that there iJ not half money enough appropriated by it. The pay Mr. CLAYTON. You most estimate more than that, because I see for cavalrymen, as I stated, for one year is $390,000. That is exactly you make tho amount over $300,000. as I figure it, aml I made the calculation here myself and I know it Mr. LOGAN. That was the estim:J.te of the War Department, is correct. The subsistence of twenty-five hundrod men would be $337,000 for twenty-five hundred horses, and double that for five $200,400. Subsistence of twenty-five hundred men then for one year thousand. andforfivethousandforsixmonthswonld be just equal, so that there is Mr. CLAYTON. They cannot be purcha.sed for $100. no difference in that item. The clothing for twenty-five hundred men Mr. LOGAN. I offer the substitute. would be $206,000. For five thousu.nd men it is just double; any one Mr. PADDOCK. I should like to inquire of the chairman of the can make the calculation. Regular supplies, that is, the rations for Committee on Military Affa.irs if this substitute he ha.s now offered these cavalrymen for twelve months for twenty-five hun-~.. ..... - -~ - I"!'" 5598 CONGRESSIONAL RECORD-SENATE. AUGUST 14~ will have to pay, very much for the irregularities which will be con- men into the field to operate against Indians the result-s that will be sequent upon such a measure. But what I seek, and what we of the obtained from that class of soldiery will so far outweigh the results Northwest seek, is some practical safeguard against the peril which that will be obtained from enlisted ID.en gathered in the slums of the • threatens us if Congress adjourns without giving us some measure of cities that it will far overbalance the difference of cost and expense. protection. I believe if the Senate fails to pass the bill which the There is no question that it will cost more to organize a force of that Honse has sent to us, nothing will be done. If such a calamity kind. should happen, I want to wash my hands of any responsibility. I Mr. LOG.AN. I conM add a million dollars to the estimate I made, hope that we shall have a vote of the Senate on the adoption of the and in five minutes show the necessit.y for it. substitute. While I should be quite willing that the twenty-five Mr. CLAYTON. I will concede the point of cost. hundred regular troops should be given, I very much doubt whether Mr. LOGAN. Each company ha-s to have a wagon. There are ten we can obtain that. I very much prefer, because I think it is much wagons to a regiment. There are fifty wagons to start with, with the ~a fer, that the bill as received from the House should be adopted, and harness and mules. Those I did not put into the estimat-e at all. If I shall call for a yea and nay vote on that question. you absorb these troops into the companies that already have wagons, 1\lr. HARVEY. There is a great deal of trut.h in what the Senator you save all that expense. from Nebraska [Mr. HITCHCOCK] ha-s said and in what the Senator Mr. CLAYTON. You must make some allowance for the valne of from Texa~ [Mr. MAXEY] bas said. There is a great Indian war im- these horses at the close of the operations. It is not to be supposed pending ; aud it is well that we should resort to tho most efficient that all the horses are going to be killed. A horse is good for anum- ruf'ans to put it down. It is due to the citizens of the United States ber of years. living in the Territories adjacent to where the hostilities are now Mr. WE~T. The Senatorfrom Illinois made his calculation on the taking place that the most efficient and rapid means of putting an basis of the volunteers owning their own horses and the Government eud to this war should be taken, and I should like to ask t.he chair- buying theirs. man of the Committee on Military Affairs if it is known that in case Mr. CLAYTON. I admit the volunteers will cost more; there is no his substitute should be passed the men could be enlisted to fill up donbt about that, although I think the increase of cost is not so large these regiments' . in proportion as the Senator from Illinois indicated, but in that I Mr. LOGAN. I have never seen the time when you could not en- may be mistaken. I do honestly believe that what we want in deal- list as ruany cavalry as you wanted. I would take the contract to ing with these Indians is to make he war short and decisive. That enlist all these men in forty days, if it waB left to me. is the most humane way, it is the cheapest way. We want to adopt Mr. HARVEY. If the raising of volunteers is provided for, there a policy that will be quick and certain, and I believe in order to se- are a great many men in the vicinity who would take the con tract to cure that policy you had better take a different class of men from raise the regiments at the shortest notice, and, as the Senat-or from what you can gather together in the ordinary recruiting stations in NebraBka [Mr. HITCHCOCK] says, very efficient men too, good soldiers, this country. .. good for Indian service or any other kind of service. But so far as I Mr. HITCHCOCK. There is one point that I want to c::t.ll atten- am concerned I do not care which way is taken, so that it is the most tion to. This bill leaves it entirely to the discretion of the President efficient. whether he will call for any volunteers. Now he may call for one Mr. LOGAN. I want to say to the Senator from Kansas-I did not 1·egiment or he may call for none. I hope General Crook will be suc- wish to say it before, but I will say it now-that the eagerness of cessful and that we shall need none. some on the border to raisevolunteersldo nothaveany objection to; Mr. LOGAN. The other is as discretionary. but I say now that if you pass t.his House bill to-night you will no~ Mr. HITCHCOCK. He may call for but one regiment, and may get a solitary regiment, for there are regiments enough in the great need it but a month or two. cit.ies now already raised and organized that will supplant you, the Mr. WEST. The substitute providing for enlisting regulars-- very kind of men you a1·e talking about. · Mr. HITCHCOCK. It provides for regular enlistment into the Mr. HARVEY. I do not know anything about the eagerness of the regular Army. people of the b~rder States to volunteer. The people of the border Mr. WEST. Not to exceed twenty-five hundred men. States are generally ready to take part in the defense of their fellow- Mr. HITCHC0C K. But this provides that in case of disaster there, citizens, whether on the border or anywhere else, in the interior or in in case the President finds it necessary that the force there should be a foreign country, if it be necessary to go there. increased, he may, at his discretion, call out volunteers, not to ex- Mr. LOG~~. That is true. ceed five thousand, to serve not longer than six ruonths. I think it Mr. HARVEY. What does the chairman of the Military Commit- is safe for our friends here to trust the President with that discretion. tee mean f . I do not think this is necessarily such an expensive matter that the Mr. LOGAN. I mean that in the cities where they hn.ve these Senate of the United States should hesitate at this time, just on the organizations they would be offered sooner than your people could eve of adjournment. raise the regiments. Mr. "MORTON. I should like to make a suggestion to my friend Mr. HARVEY. I do not care where they come from if they are from Nebraska. As I understand the bill of the House, it is for vol- where they are needed at the earliest possible 'moment. unteers for six months. That time runs from the date when they are Mr. LOGAN. If yon do not care whe1·e they come from, very well; mustered in. If yon undertake to organize new independent regi- but the object is to get the officers of these regiments, which will ments of cavalry, you cannot get those regiments fit to go to the field cost nearly $500,000 at first. much before the 1st day of December, and then the weather will be Mr. HARVEY. It is for the protection of our people. There is no so cold in the mountain where they are expected to operate that man other object that we have ~n view. We have no feeling about this can hardly live there. Hence those men cannot commence active matter at all; we only desire to see the best method taken. So far operations until next spring and by that ti-me.their time will be nearly as I am concerned, I am sure I have no feeling in the matter any out. · more than to see that the people to whom we owe protection have it. Mr. HITCHCOCK. The very time when General Crook hopes to Mr. SPENCER. I appeal to Senators to let us vote. strike his decisive blow against the Indians is during this winter. Mr. HARVEY. I am ready to vote. Mr. CLAYTON. The enlistment of ·e nlisted men would be still Mr. CLAYTON. I do not think we quite understand this question more slow. We know that it takes a long while to fill up the com- yet. I think the Senator from Illinois [Mr. LOGAN] has not made panies by enlistment. It is a very slow and tedioUB process to wait correct estimates in this respect; he calculates that it will cost double for individual enlistments day after day; one man comes in to-day to clothe volunteers for six months that it will take to clothe one- and another to morrow. They straggle in. It is a very slow ancl half that number for a year. That is a mistake, I think. My recol- tedious process to fill np companies a.ud regiments by enlistment. lection is that clothing is issued twice a year to soldiers. Therefore :Mr. MORTON. I have understood that men could readily be en- it would cost just the same, because you issue one suit of clot.hing to listed for the-cavalry. the volunteer for six months to the five thousand, and you would Mr. HITCHCOCK . . Take the barely men of that section of coun- issue two suits to the twenty-five hundreu for one year; so you just try, familiar with the country, familiar with Indians, accustomed to equalize it. the climate, and they will make short work of t.hese hostile Sioux. Mr. LOGAN. I will say to the Senatbr that in the calculation I Mr. BURNSIDE. Mr. President, I think we should adopt the plan made I made no estimate for accouterments; I made no estimate for that is recommended by the men who are in the field and the men sadd.Jes, no estimate for .sabers, no estimate for a great many things who are in communication with the officers in the field; and that is that he as a soldier knows h::t.ve to be useeliovo when you seucl those Mr. PADDOCK. If my friend will allow me to make a statement, 187G. CONGRESSIONAL RECORD-SENATE. 5599 I will say to him that in the State which my colleague and myself a.s premiums on loans and sales of gold coin, $167,037,384.39. I take Lave the honor to represent here there are at least to-day 15,000 ex- that because in his tables that amount of premiums on gold is al- sollliers of the Union Army who served throughout the war, and who lowed. Therefore it does not belong to ruy estimate. That leaves an~ ready at auy time to protect those frontiers or any other frontiers $264,558,943.~{9. The Senat-e will understand that I haYe ueuncttld. of the country. the entire amount which is iu the table of the Senator from Ohio as .Mr. BURNi:HDE. I am quite sure of that, but the regular .Army premiums on loans and on gold sold, of over $167,000,000, calling it a. seems to l>e necessary to protect the frontiers of that, very State. premium on gold when it is not a premium on gold. It is pnrtly a Mr. r AD DOCK. If the Senator will allow me still further~ speak- premium on loans. I deduct the whole, and t.he result is that the ing of the recommendation of General Sheridan and General Sherman taxes paid by the people of the United States in those eleven years anu others, I will say tLat within a day we have receiYed from Gen- were $4,457,19"2,744.73. That may be laughable to my friends here. eral Sheridan a telegram in which he advises, in the event of a fail- It is not laughable to the men who pay the taxes. The question is ure to authorize enlistments in the regular Army, the calling outof this, the honorable g~ntleman-I say honorable gentleman-who bas voltrn teers. been nominated as the candidate for the Presidency by the demo-· J\.!r. BURNSIDE. Certainly we must either authorize enlistments cratic party said that the taxation of the people for the.last eleven in the regular Army or the calling out of volunteers; but, if we au- years had been $4,500,000,000. I now show by exactly the tables of thorize volunteers, the bill should be remodeled. It is very crude iu the Government that the amount whjch the people have paid for all ita parts. The appropriation for raising these volunteers should these eleven years is $4,457,192,744.73. In order that I ma.v not be" be increased. We should proceed with it in a judicious, fair way, llllfair, I take the premium on loans and sales of gold coin and deduct and not attempt to impress the people with the idea that these five the whole of it, 167,037,384.39. Ho'f'1 much of it was for premiums regiments can be raised aml supported for six months on a million on loans I know not, and therefore I give the adversaries of Mr. Til- dollars. It cannot be done. The Senator from Illinois has demon- den this advantage of this entire amount as premium on gold. strated that to my satisfaction, and I should think to the &atisfaction Mr. LOGAN. Do you think Sitting Bull will understand these of every Senator here. He has knowledge in these matters. I say figures t [Laughter.] myself very plainly, without going through the figures, that he baa Mr. EATON. No. I will indulge my laughable frieml by and by. gone over with so much care, that I saw at once the folly of talking If it was a premium on loans it ought not to be deducted at all. I of raising these regiments, and subsisting them, and drilling them, call it a premiun1 on gold and deduct the whole; but in my judg- and equiping them with that amount of money. I say, as General ment if I could get at it it would be only a small portion; but 1 can- Sheridan says, if you cannot increase the regular force by enlisting not get at the amount of gold premiums precisely. From this stand- twenty-five hundred men and putting them where they will be im- point Mr. Tilden varies $42,907,256.27. With the other item not de- mediately under the command of skilled officers, then let the Presi- ducted he is $125,930,()"28.12 below the actual truth in his statement. I dent have authority to call out volunteers. We should certainly do put this before the people and let it go for what it is worth. something; but the wise way, in my opinion, is to give the President Mr. CONKLING. Now, Mr. President, on that state of facts can authority to enlist twenty-five hundred men, to be shoved out at once we not vote! to the frontier, put under the command of skilled officers, mixed with Mr. PADDOCK. I hope the amendment of the Senator from Illi- well-drilled soldiers already in the field and in the presence of the nois will not prevail. I think it is a mistake decidedly to undertake enemy; and they will be soldiers in a very short time, as the Senator to pass it. The Honse has already passed upon it, and it will l>e ut- from Illinois and the Senator from Texas have remarked. To me it terly hopeless. seems very unwise indeed to attempt at this late day of the season to The PRESIDENT pro temp'»"e. The question is on the amem1ment organize five re6Yiments of cavalry volunteers·for service again!!t the of the Senator from Illinois. Sionx, no matter how many skilled soldiers there may be in the State Mr. HITCHCOCK called for the yeas and nays, and th<>y were or- of Nebraska. dered; and being taken, resulted-yeas 29, nays 11; as follows: Mr. PAD DOCK. I say to ruy friend that they can be oganized in YEAS-Messrs. .Allison. Anthony, Boutwell, Bruce, Burnside, Cameron of Wis- ten days. consin, Cbristiancy, Conkling, Cra,...uin, Eaton, Ellmunus. FeTTy, Frelinghuys<'n, Mr. BURNSIDE. That is an impossibility. It cannot be done. I Oglesby, Jones of Floritla, Kernan, Logan, McMillan, Maxey, Mitchell, Mo1Till, Murton, Patterson, Sargent, Spencer, Stevenson, Wadleigh, West., and \Vin- Jruow it cannot be done. dom-29. Mr. .MORTON. If we are to take volunteers, t.he time ought to be N .A. YS-Messrs. Bogy, Claytor., Cockrell, Cooper, Davis, Gordon, Harvey, Hitch- increased to a year unless sooner discharged, or until the end of the cock, Paddock. Ransom, and Saulsbury-H. war, some phrase whiol1 would give the President the right to dis- Conover, ABSENT-Messrs. Alcorn, Barnum Ba.varrl, Booth, Cameron of Pennsy1vania, Dawes, Deunis, Dorsey. Goltithwaire, Hamilton, Han1lin, Howe, 1ngalls, charge them sooner if their services are not required. I .lJave batl Johnston, Jones of Nevada, Kelly, Key, McCreery, McDonald, Merrimon, ' or- some experience in raising troops. I do not believe that a cavalry woorl, Randolph, Robertson, Sba.ron, Sherman, Thmman, Wallace, Whyte, Withers, regiment can be raised and put into a condition to go into tho field anu Wright-31. in fonr or five months, and by that time the period will have nearly So the amendment was agreed to. expired. The bill was reported to the Senate as amended, and the amend- Mr. FRELINGHUYSEN. If we just pass this bill, this whole sub- ment waa concurred in. . ject will be before a conference committee covering both sides of it, The amendment was ordered to be engrossed and the bill to be and they will dispose of it bettE?r than we can. I hope we may have read a third time. a vote. The bill was read the third time, and passed. 1\Ir. PAD DOCK. Let us have a •ote on the House bill. The title was amendeu 1{0 as to read: ".A. bill to authorize the Presi- Mr. EATON. Mr. President, I ret,rret. that ruy friend, the Senator dent to increase the cavalry force." from Ohio, [Mr. SHER:\fAN,] is not in his place. A day or two ago I MESSAGE FROM THE HOUSE. had the honor to say that the democratic candidate for the office of President of the Uniteu States was entirely right in his statement .A. message from the House of Representatives, byMr.G.l\LADAlHI, that during the last eleven years $4,500,000,000 had been taken from its Clerk, announced that the Honse had agreed to the resolution of t.he people of the United States in the way of Federal taxes. Gen- the Senate to appoint a joint select committee to prepare a suitable tlemen are inclined to laugh. form of government for the District of Columbia. Mr. PADDOCK. We cannot hear the Senator from Connecticut. ENROLLED BILLS SIG~ED. Mr. EATON. I will try to make them bear. .All I care to have The message also announced that the Speaker pro tempore of the hear me is the reporter. [La.ughter.] House bau signed the following enrolled bills; and they were there- I showed by taking the table of expenditures that the people of the upon Rigneil by the President pro tempore : United States had been taxed .4,607,574~02.23. The honorable Sen- A bill (S. No. 897) granting a pension t.o Andrew Evarts; ator from Ohio objected because he said that the figures should not · A bill (H. R. No. ::ll68) relatiug to partition of real estate in the be taken from the table of expenditures and from the table of taxa- District of Colum IJia; tion. He introduced certain taules, a copy of which I hold in my A bill (H. R. No. 3-178) making appropriations for the current and hand from him, in which be says that the entire amount of taxation contingent expenses of the Indian Department and for fulfilling for the eleven years spoken of by Mr. Tilden wa8 -1,192,633,801.34. treaty stipulations with various Indian tribes for the year ending I showed by my table tha.t the Senator from Ohio was mistaken more June 30, 1877, aud for other purposes; and than $200,000,000. He insisted that I was w1·ong; that I bad taken A bill (H. R. No. 40 5) to repeal part of an act entitled "An act au- the tables of expentlitures,· aml not the tables of taxation. Now I thorizing the repavement of Pennaylvania avenue," approved July have got those, and nouody knew it better than the Senator from 19, 1H76. Ohio. I desire the attentiou of the Senate, and I only regret t.bat CLERKS TO COIDllTI'EES. the Senator from Ohio, the chairman of t.he Finance Committe of the Mr. SPENCER. I desire to offer the customary and usual resolu- Senate of the United States, is not here. He said that I was wrong tion on the laf't da,y of the session: in my figures. Now let me show how he has been wrong. Resolved, That the Secretary of 1he Senate be, and l1e is hereby, nutborizecl and The amount of' customs unties l?aid in gold fpr. eleven years, from directed to pay to the clerks of t.ne several stauuing committees of tile Seuate 186<1 to 11376, both inclusive, was ~1,97:3,589,621.26. These tables are their usual per diem compensation for the month o.f August instant. from the Treasury Department of the United States. Now, I ~ake Mr. SARGENT. I object. It is contrary to law. rrbo l:l.w cx- the amount of the dtfference in valne between gold and paper in the pressJy says the pay shall bt" during the se sion. customs collected for the eleven years from and inoludi.ng the years l\1r. SPENCER. I move that the reso1 ution be referreil to the Com- 1866 a:1d 1876, $431,596,327.78. }<'rom that. sum I deduct what is t.o mittee to Audit and Control the Contingent Expenses of tho Senate. be found in the table in trounced by the hoftoraule Senator from Ohio The motion was agreed to. . · . 5600 CONGRESSIONAL RECORD-HOUSE. AUGUST 14, PAY OF PAGES. in which the concurrence of the House wa.s requested, a bill of th3 1\Ir. CONKLING. I move that the Senate do now n.djon.rn until House of the following title : twelve o'clock to-morrow. .A. bill (H. R. No. 22GO) providing for the sale of saline lands. 1\Ir. WEST. I ask the Senator to withdraw that motion for a mo- ENROLLED BILL SIGNED. ment that I may offer a resolution. :Mr. POPPLETON, from the Committee on Enrolled Bills, reportecl :Mr. CONKLING. Offer it to-morrow. that they had examined. and found truly enrolled a bill of the follow- Mr. WEST. One objection will carry it over then. ing title; when the Speaker pro tempo1·e signed tho sn.me: 1\ir. CONKLING. Very well. An act (H. R. No. 159-i) making appropriations for the consular and 1\Ir. WEST. I offer the following resolution: diplomatic service of the Government for tho year endinci June 30, &loltred That the Sergeant-at-Arms is hereby authorized anll tlirect~d to retain L877, and for other purposes. in the emplov of the Senate lmtil the 1st day of Septewber, 1876, all pa.ges now employed, and that the usual per diem compensation be paid to them until that LEAVE OF ABSENCE. date. Leave of absence was granted by unanimous consent ~ follows: 1\Ir. DAVIS. Let that go to the committee. To .Mr. HURLBUT for the remainder o.f tho ses..iion, on account of Mr. CONKLING. Very well. One objection carries it over. It serious illness in his family; and will be in order to-morrow. I move that the Senate adjourn until To Mr. CASWELL indetimtely. twelve o'clock to-morrow. WITHDRAWAL OF PAPERS. Mr. LOGAN. I move that the Senate take up House bill No. 58, so as to have it the order for to-morrow morning. Then I shall be will- Mr. V.ANCE, of North Carolina., asked and obtained unanimous ing to adjourn. consent for tho withdrawal from the files of tlle House of the papers Mr. CONKLING. What has become of my motion f in the case o.f J. R. Harrington. Mr. LOGAN. . I hope the bill will be taken up and then I sha.ll not POST-OFFICR DEPARTMENT. object. The SPEAKER pro tempo1·e, b.v unanimous consent, l::l.id before the Mr. EDMUNDS. Debate is not in order. House a letter from the acting Postmaster-General, tt·ansmitting cer- HOUR OF MEETING. tain papers referred to the Post-Office Department; whicll was re- The PRESIDENT pro tempore. The hour having been fixed for ferred to the Committee on the Post-Office and Post-Roads.. · eleven o'clock, it will require a separate motion to change the time. SOUTII PASS OF THE ~fiSSISSIPPI. Mr. CONKLING. I move that when we adjourn it be to meet at The SPEAKER pro ternpore also laid before the House a letter from twelve o'clock to-morrow. We must have some sleep. tho Secretary of the Treasury, transmitting, in response to are olu- The PRESIDENT p1·o tempore. The Senator from New York moves tion of the 29th ultimo, a communication from the Superintendent of that wh~n the Senate adjourn it be to meet at twelve o'clock to- tho Coast Snrvey, tog-ether with a map of surveys of the South Pass morrow. of the Mississippi River; which was referred to the Committee on The motion was agreed to. Commerce. Mr. LOGAN. I now make my motion. 1\Ir. CONKLING. I move that the Senate adjourn. NATIONAL SAYINGS-BANK 0~' THE DISTRICT OF COLUMBU.. The PRESIDENT pro tempore. T.Ve Senator from Illinois moves to The SPEAKER pro tempm·e also laid before the House a letter from take up the bounty bill, pending which the Senator from New York the treasurer of the National Savings Bank of the District, trans- moves to adjourn. mitting the annual statement of that institution in conformitv. with Mr. CONKLING. It is not very important, but I moved to :.tdjourn the requirements of section 8 of tho ac.t of May 24, 1870; which was without any reference to taking up any bill and before any such mo- referred to the Committee on Banking and Cnr~ency. tion was made. . I do not want to antagonize any bill, but I want to ORDER OF BUSL..~ESS. go home and get some sleep, so that we may come here and do some The SPEAKER pro tempore. This being Monday, the first business business to-morrow. The PRESIDENT pro tempore. The Senator from New York moves in order after the reading of the Journal is the call of States and that the Senate adjourn. Territories for the introduction of bills and joint resolutions on leave Mr. LOGAN and Mr. PATTERSON called for the yeas and nays; for reference only to their appropriate committees, without debate, and they were ordered and taken. and not to be brought back by motion to reconsider; during which Mr. PATTERSON. I ask permissioi1 to offer a resolution. call joint resolutions of St.ate and territorial Legislatures may bo in- Mr. EDMONDS. You cn.nnot offer any resolution now. troduced for reference and printing. The morning hour begins at Mr. PADDOCK. I hope the bill- twelve o'clock and thirty minutes. The PRESIDENT pro tempore. Debate is not in order during tho Mr. RANDALL. Does the Chair rule that a report from a commit.- roll-call. tce of conference could not interrupt. the morning hour on Monday f The result was announced-yeas 16, nays 17; as follows: Tho SPEAKER p1·o tempore. The Chair has not so ruled. Mr. RANDA.LL. I have a report of the committee of conference YEAS-Messrs. Anthony, llozy, Cockrell, Cooper, Davis, Eaton, Edmunds, Fro. on the disagreeing votes of the two Houses on the amendments of the linrrbuysen, Gordon, .Tones of Florida., Jones of Nevada, Kernan, Maxey, Sauls. bury, Stevenson, and Windom-16. Senate to the Indian appropriation bill. NAYS-Messrs. Boutwell, llrnce, Bnrnsicle, Camerouof Wisconsin, Christiancy, The SPEAKER pro tempore. On the contrary, the Chair would rnle Cla,Yton, Cragin, Ferry, Harvey. Hitchcoc-k, Logan, McMillan, Morton, Oglesby, that a report of a committee of conference may into.rrupt or precede Paddoek, Patterson, and Spencer-17. the mornin(J' hour of 1\fonday~ ABSENT-Messrs. Alcorn, Allison, Barnum, Bayard, Booth, Cameron of Penn- svlvania, Conkling, Conover, Dawes, Denni!!, DorRey, Goltlt.bwaithe, Ham.nt.on, Mr. RANDALL. I will wait until the call of States has been con- Hamlin, Howe, Ini!alls, Johnston, Kelly, Key, McCreery, McDonald, Mernmon, cluded. Mitchell, Morrill, Norwood, Ranuolph, Raus'lm, Robertson, Sargent. Sharon, Sher- Mr. SPRINGER. It is evident that no bills introduced at this time man, Thurman, Wadleigh, Wallace, West, Whyte, Withers, and Wright-38. of the session cau be acted upon before the close of tho session. I The PRESIDENT pro tempm·e. Tlle Senate refuses to adjourn, but therefore ask unanimous consent that th~ morning hour be dispensed there is no quorum voting. with. Mr. LOGAN. Now, I move-- Mr. HOLMAN. I would suggest that, instead of the regular call The PRESIDENT pro tempore. There is not a quorum present. of States for bills for reference, gentlemen be a.llowed to introduce Mr. D.A.VIS. I believe it is in order to adjourn. for reference such bills as they ma.y desire to introduce. Mr. LOGAN. I move a call of the Senate. The SPEAKER pro tempore. Tho Chair does not like to entertain The PRESIDENT p1·o tempore. Tue Senator from Illinois moves n. any proposition that will interfere with tho morning hour on Monday. cn.ll of the Senate. Mr. COOK. I insist upon the regular order. . Mr. PADDOCK. I am sure we ought to take up this bill. The SPEAKER pro tempore. The regular order bein~ called for, Mr. EDMUNDS. I move that the Senat-e adjourn. the morning hour will now begin, and the call rests with the State of The motion was agre~d to, there being on a division-ayes 21, noes Virginia. 14; and (at two o'clock and ten minutes :~.. m., Tuesday, August 15,) Mr. RANDALL. Under that ruling of the Chair I would prefer to the Senate adjourned. come in ahead of the morning hour with the report of the committee of conference on the Indian approprhtion bill, in order that that bill may be sent to the Senate. And fwil1 ask consent that the report be acted upon at once and sent to the Senate before I submit a few re- marks which I desire to make. This is the last of the general appro- HOUSE OF REPRESENTATIVES. priation bills, and I desire to make some general remarks upon the subject of appropriations. MONDAY, August 14, 1876. 1\ir. ROLl-IAN. I would suggest to the gentleman from Pennsyl- The House met at twelve o'clock m. Prayer by Rev ... JOSEPH L. vania [Mr. RANDALL] that it will take but a short time to enal>le TuCKER, rector of Christ church, Rochester, New York. such gent,lemen as have bills t.o introduce them for reference. The Journal of Saturday last was read and approved. ])!J;. RANDALL. I have no objection to accommodate myself to the desire of the Honse. MESSAGE FROM THE SE~4TE. The SPEAKER pro tempore. The Chair will certainly recognize A message from the Senate, by Mr. SY:\IPSO~, one of their clerks, the gentleman ~om Pennsylvania to sn bmit a conference report; but informed the House that the Senate hat! passel! with u,n .nmcntlment, he will rule against any other business interfering with the call of 1876. CONGRESSIONAL RECORD-HOUSE. 5601 States in the morning hour of Monday. The regular order this morn- will have relation to that bill and generally to the appropriation bills incr is the call of States, as the Chair has announced, and ¢e call rests of this session. wUh the State of Virginia, where it rested at the close of the morn- Mr. FOSTER. I make no objection ; bot I would like to have the ing hour on Monday last. privilege of making some remarks after the gentleman from Pe;nn- · SAMUEL GARDNER. sylvania [Mr. RANDALL] shall have concluded. I do not intend to obtrude myself upon the House to the prejudice of any important 11r. FOSTER (by request) introduced a bill (H. R. No. 409G) for the business. I have already been granted the right to print remarks, relief of Samuel Gardner, of the DiRtrict of Columbia; which was but I would much prefer to deliver them. . read a first and second time, referred to the Committee of Claims, The SPEAKER pro tempore. By general consent it may now be and ordered to be printed. understood that a~er the report upon the Indian appropriation bill EMILY BEALL. has been acted upon, the gentleman from Pennsylvania [Mr. RAN- Mr. FOSTER also (by request) introduced a bill (H. R. No. 4097) DALL] shall occupy the floor for such time as he may desire and that for the relief of Mrs. Emily Beall, of the District of Columbia; which afterward it shall be occupied by the gentleman from Ohio, (Mr. was read a first and second time~ referred to the Committee on War FOSTER.] Claims, and ordered to be prin~Cl. Mr. HOAR. Does not the request of the gentleman from Pennsyl- WILLLBf HERRON. vania imply that his speech would have no effe5, and 61. · 'fhat the House recede from ib. disagreement to the amendments of the Senat~ Mr. HOLMANintroduccd a·bill(H. R. No. 4101)restoringthename numbered 1, 2, 5, 6, 7, 8, 9, 10, 11, 1;,, 14, 15, 19, 20, 22, 23, 24, 26, 27, 28. 29, 30, 32, 33, of John W. Stivers~ a soldier of the Mexican War, to the pension- 34, 35, 36. 37,56, 58, 59, 60, 62, and 63, and agree to the same. rolls; which was read a first and second ttme~ referred to the Com- That the House recede from its disagreement to the amendment numbered 3, mittee on Revolutionary Pensions, and ordered to be printed. and a!!l'ee to the same, with amendments as follows : In line. 24, page 2, strike out •· fiye'?' and insert" six," and after the word" expenses" insert in line 27 of the LEGAL REPRESENTATIVES OF PHILIP LAWALL. same pa~e "in excess of $100," and in line 9, page 3, of the amendments, after the 1\fr. JAMES B. REILLY introduced a bill (H. R. No. 4102) for the word "tnousand" insert" and one hunt:lred ;" and the Senate agree to the same. 'l'hat the House recede from ita disagreement to the amendment numbered 4, and relief of the legal representatives of Philip Lawall, deceased; which agree to the same, with an amendment as follows: In line lL of saitl amendment, was read a first and second time, referred to the Committee on Mili- page 3, strike out "sbc" and insert "four," an(l after the word" Minnesota," in tary Afi'aits, and ordered to be printed. Jino 12, same page, strike out all down to and including the word "Carolina," in line 14, aml as a. distinct J>aragraph to follow the amended paragraph, insert: "For GEORGE FORBES. pav of special agent of the Eastern Cherokees and other Indians in North Carolifta up" to September 1 next, aft~r which the office of said aaent is abolished, $250," Mr. HENKLE introduced a bill (H. R. No. 4103) for the relief of and in like 16 strike out "nine" and insert "six," and at the end of line 3, page 6, George Forbes, sr., Saint Mary's County, Maryland j which wa-s read of the bill, add the following: "~nd for gilling-twine for nets, 1,200; " and at the a first and second time, referred to the Co.mmitt.ee on War Claims, and end of line 16, same vage, add "and for gilling-twine for nets, $400;" at the end of ordered to be printed. line 15, page 7, add "and for gilling•twine for nets, $400 ;" and the Senate agree to the same. MARY E. SOPER. That the Senate recede from ita amendment numbered 17, with theexcev.tion of M.r. HENKLE also introduced a bill (H. R. No. 4104) for the relief the words after the word "Territory," in lines 22 and - ~. page 20, of the b1ll; and of Mary E. Soper; which was read a. first and second time, referred to the House agree to the same. That the House recede from its disagreement to the amendment numbered 21, the Committee on War Claims, and ordered to be printed., and agree to the same, with an amendment as follows: Strike out "four" and in- MA»Y H. TOLSON. sert "two," and strike out "and nineteen," and strike out "eight hundred;" and the Senate agree to the same. Mr. HENKLE also introduced a bill (H. R. No. 4105) for the relief That the ]louse recede from its disagreement to the amendment numbered 25, ancl of Mary H. Tolson; which was read a first and second time, referred agree to the same, with an amendment as follows: In line 4 strike out the word to the Committee on ~ar Claims, and ordered to be printed. "tribe" wherever it occurs, and insert in lieu thereof the word "bands," and after the word " people," in line ~. strike out all down to ami including the word " In- MESSAGE FROM THE PRESIDENT. dians," in line 7, and insert" and hereafter there shall bono appropriation made for the subsistence of said Indians," and in lme 20, aft.er the word "designate," insert A message in writing from the President of the United States was the following: "And the further sum of $20,000 is hereby appropriated, to be ex. communicated to the House by U, S. GRANT, jr., one of his secretaries, 11ended under the clirection of the President of the United States for the purpose who also announced that the President had approved and signed bills M carrying into effect the foregoing provisious." and make the word "amount •: in of the following titles: line 26 plural; and the Senate a~ree to the same. That the House recede from 1ta disagreement to the amendment numbered 31, An act (H. R. No. 361) to reduce the area of the military reserva- and agree to the same, with an amendment as follows : Strike out "fifty" and in- tion of Fort Laramie, Wyoming Territory; sert" twenty-five,'' and after the word" dollars," in line 26, page :19 of the bill, add An act (H. R. No. 629) for the relief of Jonathan White; the following : An act (H. R. No. 1823) to change the name~ of the pleasure-yacht not''And the Commissioner of Indian Affairs shall direct that said Indians shall be allowed to leave their proper reservations; and it shall be the dn~ of the Ella to that of Myra; War Department to aid the Indian Ollice in seeing that the orders of the Commis- An act (H. R. No. 2161) for the relief of R, H. Buckner; sioner are executed; and rations shall not be issued for a longer period than one An act (H. R. No. 2252) to authorize the Secretary of the Treasury week at a time; and arms or ammunition shall not be il;sued, sold, or given to said Indians." to change the name of the steamboat Hiram Wood ; And the Senate agree to the aame. An act (H. R. No. 2692) to relinquish the title· of the _United States That the House recede from its disagreement to the amendment numbered 38, to certain property in the city and county of San Francisco, Cali- and agree to the same, with an amendment as follows: Strike out "forty" and in- fornia; · sert "twenty;" and the Senate agree to the same. That the Rouse recede from ita disagreement to the amendment numbered 41, An act (H. R. No. 2894) for the relief of. J . E. Pa~ey, of Fulton and agree to the same, with an amendment as follows: At the end of said amend- County, Kentucky; ment add: An act (H. R. No. 3392) for the relief of John R. Harrington; "Provided, That when sufficient matter to make a volume of statistics and histor- An act (H. R. No. 4060) to provide for the payment of certain in- and data ical is prepared it shall be submitted to the Commissioner of Indian A tfairs referred by him to the Regents of the Smithsonian bistitution and published debtedness incurred in the construction of the New York conrt-oouse on their written approval." and post-office building ; and · And the Senate agree to the same. An act (H. R. No. 4087) "to continue the provisions of an act entitled That the Honse recede from its disagreement to the amendment num'!,erod 54, 4'An a-ct to provide temporarily for the ·expenditures of the Govern- and agree to the same, with an amendment as follows: .After the word "for," in line 8 of said amendment, insert "agricultural implements and for," and in line 11 ment." · strike out "five" and insert "six," and at the end of said amendment add •· and INDIAN APPROPRIATION BILL. $300 of said sum shall be paid to the superintendent of common schools in North Mr. RANDALL._ I deshe to make a report from the committee of Carolina, who shall have the snpervision of the schools of the Cherokees in said State, under direction of th.e Commissioner of Indian Affairs;" and the Sen a to agree oonference on the Indian appropriation bill; and I ask unanimous to the same. consent that after the report is acted on I may have the same privi- That the House recede from its disagreement to the amendment numbered 57, lege of speaking which I would have under the rules while the report strike and agree t.o the same, with an amendment as follows: In line 5, page 45 of the bill, out all after the word "Provided" down to and including the word ''but •· is pending. I desire to hasten final action on the bill, and not delay in line 8, and insert the word "That;" and in line 10, strike out the word "and,'' san din~ it to the Senate until the conclusion of my remarks, which where it first occurs, and strike out the words "and othe~s," and in line 11 strike rV----351 - 5602 CONGRESSIONAL RECORD-HOUSE. AUGUST 14, \ out the word· " and" where it first occurs, and strike out" and for no other pur- we had the comforting assurance that we had behind us the people poses." and insert "and for paying employ~s: And yrovided further, That amounts who demanded that their burdens should be lightened by practical now due employes for the year ending June 30, 1876, may be paid ont of the unex- and necessary reductions, and this consoled us oftentimes in the dis- pended balance of the incidental fund of said year;" and the Senate agree to t.he same. charge of an imperative public duty when we found ourselves com- That the House recede from its disagreement to the amendment numbered 64,pelled to deny appropriations to the extent 00. has almost always been in the direction of increas~d appropriatign The respective committees of the two Houses and both Houses of and expenditure. Congress agreed in the amount to be appropriated for pensions which I will here mention a few notable instances of such legislation. was in full as indicated by the estimate. · ' They embrace changes in the staff and line both of the Army and A pl;~sant.inci~ent in ~onnect.io~ with this appropriation was the Navy. fact of 1ts bemg m committee and m the House in charge of a mem- ~er of the committee [Mr. ATKINS, of Tennessee] formerly an officer The Pacific Mail steamship subsidy found its place on such a.ct. The re-organization of the Post-Office Department. m the co?f~~erate. army and .a member of the confederate congress. The re-organization of the diplomatic and consular service. ~ncb exhlbttwns gtve th~ demal to the ~o~it.ical charge that the lead- The parti~l.r~-orginization of the subtreasury system. mg men of the South still bear any hostility to the Union for he w.as The prohlb.Itmg tli~ pardon or amnesty of any ~aimant in the Court scrupulous in seeing that no pensioner of the Union suffered in the of Clarms bemg admissible to establish his standing in court. least degree. The .re-o~ganization of the civil service in the Treasury Department. Many reforms are imperatively needed in connection with the dis- Legtslatwn as to the enforcement act. tribution of pensions. The manner of settlement of judgments by the Court of Claims The Committee on Pensions recommended the transfer of the Pension and the Supreme Court as to capture of cotton. Bureau from the Interior Department to the War Department where The section _decla~ing that. the General of the Army shall be per- it formerly was, as appears by their report, for reasons, amo~g oth- manently statwned m Wa-shm~ton and only removed by the advice ers, as fo~ows: Pensi~n agencies which no'! cost annually $448,000, and consent of the Senat-e, and directi!lg all Army orders to go through the Committee on Penswns report could be d1spensed with and twenty the. General of the Army, whether 1ssued by the President of the efficient clerks divided equally among the four classes of clerks known Umted States or by the Secretary of War. · to the law, at n. cost of $30,000, conld do the work as efficiently and On the appropriatio.n .bill last year. the rates on n~wspapers were with less delay than now occurs. doubled, to the grea~ mJnry of those m the r~ralsectwns especially, The wo~k, if under the War Department, could be done in the main and the rates on thud-class matter were so mcreased as to take it by the ret1~ed officers of the Army, with one-half pay in addition t.o from the .mails an<.l drive it to the express companies. prcsel?-t retued pay of such officers, and the amount of pay saved would I mentH?n t~ese fe': to show tlle general character and wide scope be qmte one-half. At present more than one-half is done at the Sur- of the legislation wlJwh bas been pnt into appropriation bills and .geon-General's and Adjutant-General's Offices. Both these Bureaus be1 to refer to the appendix hereto a.nnexed, which will sbo'~ the now employ one hundred and sixteen persons on this work and an €.l.>.rmous mass of legi"lation of greater or less importance which has equal number of additional clerks, if duties were transferred to War been from. time ~ time during the past ten years fastened on such Department, to wit, two hundred and thirty-two clerks in all would acts, r~latmg as 1t does to almost every conceivable subject. be ample; whereas the present force in the Pension Bureau is over Agam, Mr. Speaker, as a natural result of the prostration of all busi- four .hundred; near three hundred over what economy and neces'-1it.y ness, the revenues of the Government have diminished to an alarm in()' reqmre. The character of the work is in 11 measure judicial, requiring extent, and the warning hel<.l out to us was one not to be disrerrardel legal knowledge_; and yet last year one hundred and twenty-eight as it might turn out in the coming fiscal year, the reduction w~uld b~ emp~oyes were dts~barged and nin·ety-six new appointments made- so great that th~ revenues would fall below the amount required to puttmg ont expenencerl clerks and substituting for such men irrno- meet the expend1~ures of th~ Government. In this emergency it was ra.n.t ~md incffi_cient persons in "'their st.ead. This was done mainly for abso~utely ~ssentml to prov1.de for reduction of expenses rather than poht1cal considerations. The truth is, as the evidences etablishes entail any mcreas_e of our mterest:bearing debt or any addition to the Bureau is run as a political machine. Two clerks of the national our present taxatwn. Nay, more; If the full mea-sure of reductions republican congressional committees of last year were entered on the recommended had. b~en !lcceded to by the republican minority in this pension-roll and paid from pension funds. House and the maJority m the Senate, then even with a falling reve- The War and Pension Departments beinrr separate there was rt)- nue, the internal and other taxes could ha~e been reduced to an ex- qnired last year 56,000 duplicates of rolls frgm these two offices re- tent of say $10,000,000, with comparative safety. quiring tr~nsmission by mail and messenger, which might all have be~n ~one m thesa~e office: The fact is, the delays now incident to ap- Be~ore I lea-ye t~e general discussion of these subjects and go to a d~tailed ex~mmat10_n of the respective appropriation acts, I wish to plicatiOns for penswns or mcrease of pensions, arise almost entirely dnect public attention to what I deem some abuses in reference to from these separations of duty, causing years of delay to those least expenditure which have gradually accumulated until they have be- abl~ to bear procrastination apd tlJose, too, who never ourrht to bo come of danger?us proportions. Under existin?, laws we have a snbJe~ted to liiuch annoyances and privations. o system of what 18 known as "permanent specific' and "permanent I _will allude to anot~e~ ~buse and then leave this branclr of my indefinite" appropriations. They embrace among others the sum su.bject. The finance dt~s1on of th~ Pension Bureau ~an be dispensed necessary ~ pay the interest on the public debt, the sum necessary with alto~ether! employmg forty-eight clerks. Tb1s is set forth in to pay the mterest on the bonds of the various Pacific railroads and Mr. Clarks testimony. In reply to a question whether that division ~uaran~eed by the United S~ate:s, and the amount necessary to be' paid ought not to be lopped off, he said: m obedience to law to the smkmg fund on account of the liquidation 10n . If the work in the Audit.or's Office was up to date, the work in the financedivlB · would be useless. of the principal of the public debt. . In so far as the foregoing objects ar~ concerned I do not raise se- There cannot therefore be a reasonable doubt as to the economy to no~ objec~ons. Their pr~visions go to make easy the mind of the be gained and the general propriety of the transfer. publ~c credttor by the ce!t~mty of no hitch in the pr~pt and regu- lar payment of ~ur ~ublw l!lterest. But the laws go further and in- . . . · ~EFICIEXCIEs. elude ?t.hers whiCh m my Judgment should pass under the annual Appmp.riatwns last year, $4,703,699.18; Department est.imates for superVlSton of Congress, among which are the sum necessary to col- year e?dmg June 30,_1~_77, 2,723,471.70; recommended by Hous'' lect the r~venues from customs, which is only limited as to amouut Committee o~ Appropnatwns, $662,315.07; House passed $671,486.74; of expenditures by the discretion of the Secretary of the Treasury, Senatecommltteerecommended$840,831.27; Senatepassed$840,831.27; ~ pow.e! ~oo great for permanent safety; for arming and equipping the la'! as finally epac~ed, _$816,723.56. . he mil_ttm of th~ s~veral States; the salaries and expenses of the south- . I believe these defimenmes are less than usual and heretofore, be- 3rn claimscomnusswn; the return of the proceeds from the sale of cap- cause of t~e knowl~dge b.Y the Depa~tment~ that a democratic House tured and abandoned property to owners thereof· the commission to be was to be m authonty this year, notice havmg been given last vear pard to persons ~egotiatinlrtherefundingof then'ational debt tof 1 per by th~ then demo.cratic minori~ of !he Forty-third Congress that the cent.j the salaries and expenses of the steamboat inspectors; there- practiCe of allowmg large defiCienm_es would no~ be co~ntenanced. fn?dmgofmone.Ydnetoownersorreputedownersoicottonimproperly Tb~ Departmen~ ar~, ho'!ever, entitled to partial credtt, for their seLZed after the 30th of June, 18G5; allowahces and drawbacks in the estimates of defic~e?Cies tbi~ year we1:e cons~derably less than hereto- Internal-Revenue Bureau; the refunding of illegal internal taxes. the fore. The same ngtd rnl()Wlll be agam applied, apd the Departments repayment of duties levied in excess from customs as well as d~ben- must govern themselves accordingly. ture-s,, drawbacks, bountieR, and allowances in the eustoms service. FORTIFICATIO~s. ~ost 1f not all of the latter character should have the frequent inspec- Appropriations last .year, ~0,000; Department estimates for year tion.of Con~re~and the people. I would suggest., therefore, at our next ending June 30,1877,$3,406,000; recommendations of House Commit- sesswn legislation ~o remedy these dangers. About $18,000,000 pass tee on Appropriation&, $315,000; House passed $315,000; Senate com- • 5604 CONGRESSIONAL RECORD-HOUSE. AUGUST 14J mittee recommended $315,000; Senate passed $315,000; the law as ARMY. finally enacted, $315,000. Appropriation last year, $27,933,830 ; Department estimate for year This was a large comparative reduction, bnp I believe no material ending June 30, 1877, 33,348,748.50; recommendn,tion of House Com- interests willsnffertherefrom, either in respect to our fortifications or mittee on Appropriations $23,155,077.12; House passed $23,179, '19.52; as to experiments to be made in the trial of armament or torpedoes. Senate committee recommended $27,715,877.20; Senate passed $27,- The largest-size guns of our recent war are now considered ineffect- 715,877.20; the law as finally enacted, $25,987,167.90. ive. Earth-works experience has shown to be the best protection The Army appropriation act does not show that extent of reduction against artillery on land or iron-clads on water. The sums so lav- which we intended and had reason to hope we should obtain at the ishly expended since the war have not brought any adequate return opening of the session because of our Indian troubles, ant! because in these respects. In the past ten years, up to and including. this of the determination of the Administration to keep a large force in year ending June 30, 1876, we appropriated for these purposes more the South. The House bill fixed the Army at 22,000 soldiers, rela- than 13,000,000, a large amount of which could as well have been tively divided between the three arms of the eervice, and sought in saved by the same character of reductions which we have made this addition to reduce the compensations of certain officers which were year. deeme~ disproportionate and too high. The manner of payment of NAVY. these compensations is in some respects highly objectionable, render- Naval service appropriation last year, $17,001,006.40. Depart- ing it almost impossible to compute with accuracy the pay received ment estimates for year ending June 30, 1877, $20,871,666.40. Rec- by officers in the Army. The Senate was resolute against all these ommendations of Honse Committee on Appro-priations, $12,808,655.40. changes, and the House was compelled to yield, and only succeeded Honse passed $12,432,855.40. Senate committee recommended $16,167~- in securing the following legislation : 855.40. Senate passed $14,857.855.40. The law as finally ena-ctea, SEC. 24. That the whole subject. matter of reform and r6-()rganization of the .A.rmy $12,740,355.40. of the United States shall be refeiTed to the commission hereinafter provided for, The appropriations for the naval establishment are largely reduced. who shall carefu.ly and thoroughly examine into the matter with reference to the It is a branch of the service where large sa.vings can be prudently demands of the public 11ervice, as to the number and pa~of men and officers and the proportion of the s~eral arms, and also as to the rank, pay, and duties of the m~de. I need not allude at length to the sums heretofore expended several staff corys, and whether any and what reductions can be made either in and the manner of their expenditure. The Department in its man- the line or staft, m numbers or in pay, by consolidation or otherwise. consistently agement has been thoroughly examined into by a committee of t.his with the public service, having in view a just and reasonable economy in the ex. Honse, and their findings are in print, which render a further criti- peuditure of public money, the Mtual necessities of the military semce, and the capacity for rapid and effective increase in time of actual war. The commission cism in this connection unnecessary. These reduced appropriations hereby created shall consist of two members of the Senate and two members of tbe com~ up t.o the full measure of recommendations by the Naval Com- House of Representatives to be appointed by the presiding officers of each House, mittee. respectively, of the Secretary of War, and two officers of the Army, one from the POST·OFFICE. line and one from the staff corps, to be selected by the . President with specia.J ref. erence to their knowledge of the organization and experience in service. Such Post-office appropriati~ns last year, $8,376,205; Department esti- commission shall assemble as soon as practicable and proceed to the consideration mate for year ending June 30, 1b77, $0,431,602.99; amount recom- of the matters with which they are charged, and make report to Congress by tho mended by House Committee on Appropriations, $2,680,906; amount first day of the next se.'iSion through· the President of the United States, with all the evidence, record or otherwise, which they shall have received and considered. passed the House, $4,230,906; amount recommended by Senate Com- And the sum of $1,000 is hereby appropriated from the contingent fund of the War mittee on Appropriations, $7,586,647; amount passed Senate, $7,288,- Department to defray the expenses of such commission, to be expended under the 647 · the law as finally enacted, $5,967,498. direction of the president of said commission. The reductions in this act arise mainly from the cutting off of the The result of the foregoing, it is believed, will ultimately remedy salaries of the . higher class of postmasters, which have been con- some defects. We felt that they were so glaring as to demand im- fessedly too high, and the redoction of 10 per cent. on the amounts mediate change. • to be paid t.o the railroads for the transportation of mails, among SUNDRY CIVIL DILL. which is what is known as the "fast mail." An erroneous impres- sion prevails as to this latter service. ·Appropriation last year, $26,644,350.09; Department estimates for The fast mails were not provided for by law. Speed was 'not taken year ending June 30, 1877, $32,560,475.29; amount recommended by into consideration in determining the compensation. ·weight and the House Committee on Appropriations, $14,626,981,74; amo,mt passed number of postal cars were and are the elements in fixing the pay the House $14,857,326.54; Senate committee recommended $18,501,- to railroads. · 601.24; Senate passed 19,956,496.99; the law as finally enacted, 16,- This extra line was first established less than a year agQ by throw- 357,905.47. ing aa increase in the quantity of mail matter on these principal This ac; .which covers t.h~ sundry civil expenses of the Government, roa-ds, thns increasing the number of postal cars, and with additional i3 that upon wllich it is attempted to ingraft all doubtful schemes weight, causing an iucreased amount of payment to special roads. and unueces..;;ary expenSE's, which to any other general appropriation The compensation as fixed by act of March, 1873, was a very great bill would bo ruled out of order as not germane. increase over former rates. Prior to that time $375 per mile on all In reference to this particular act, the President of the United lines was the maximum rate. Under that act the pay on some liLes States saw fit, although approving the same, to send a message con- was increased to $705 per mile per year, and on the fast lines as hig!l demning the character of our reductions. I propose now, and here, as 1,016 per mile per year. with due respect to the Chief Magistrate, to inquire into the justice This Congress has reduced the rates for railroad service generally of his criticisms. 10 per cent., which is a moderate reduction. The compensation on . In the first place, he says: star lines and stea.muoat service has been reduced· far more than 10 Notably among the first class is the reduction in the ordinary annual appropria. tions for the revenue-cutter service, to the prejudke of the customs revenue. per cent. since March, 1873; in fact, from 10 to 30 per cent. The amount paid before the passage of the act of March, 1873, was considered high This criticism is completely refuted by a plain statement of the even for that period. The red-qced price of ·every commodity which facts which show that the amount appropriated is in excess of thf' goes into the cost of running a railroad is far greater than 10 per cent. amount expended in the revenue-cutter service during the last fiscal These roads have reduced the compensation t.o their employes, and year. The expenditures for the year ending J nne 30, 1876, were together )Yith a general shrinkage of values, it goe2 to show that the $842,000, and the appropriations for the year ending June 30, 18i7, amount now fixed is comparatively higher than it was at the time $874,8!)1, the latter exceeding the former more than $30,000. the former rate was agreed to. I am indebted to the gentleman from Next a.s to the amount given to continue the Signal Service. Thie Indiana [Mr. HOLMAN] for these facts .and conclusions; and any one service cost last year nearly a million dollars. It has grown to be who kno,~s his care and accuracy in such matters will at once accept an immense Bureau in its workings, and we think is extravagantly . them us true and correct. conducted. It draws its resources from three app11opriation bills, the After all that can be said, the benefits of the fast mail are divided legislative, the army, and the sundry civil, and aggregates, as stated, between the railroads receiving the increased pay and the newspapers $1,000,000. We are advised th!tt the Western Union Telegraph Com- of our great cities in the quick transit of their papers. In this day pany can perform the same service with equal satisfa~tio~ ~ the of telegraphing the newspapers of the various cities of the Union are public for one-half the money, and that tile company IS w1lhng to more on an equality in furnishing pwmptly the important news of undertake it at that reduction. This we understand is also the opin- the day, which renders continuance of these high rates unnecessary ion of many officers heretofore in charge of the \Var Department. even for the people in receiving prompt public information. Our reductions, in view of this statement, have been very moderate, The post-office appropriation act for the year ending J nne 30, 1876, amounting to $100,000 in the general expense provided for in the suu- raised the rates of postage on third-class mail matter, so as to take it dry civil bill and of only fifty enlisted men in the Army for this corps. fi·om the mails and give the monopoly of its transportation to the ex- At' some of the stations the employes numbered aa high as seven, press companies, while at the same time the postage on newspapers and by careful revision of the force at the several stations this red"uc- was doubled. tion of fifty men will hardly be felt. The laMer imposition has been removed by the legislation of this The criticism as to the mints evidently arose from want of knowl- year, but the first still remains a burden u:von the people in behalf of edge of the amounts ap·prdpriated in the several bills. It would have the express companies, and is estimated~ worth to those companies been seen by examination that the amount appropriated for running half a million dollars per annum in increased receipts from trans- the mints and assay offices was fully up to the necessities of the portation of merchandise, &c. The House at every opportunity country, even taking into consideration the increased expense for sought to accomplish full repeal of both provisions, but the Senate coining subsidiary silver recently authorized by law in substitution was obdurate, ant.l refused to concede the repeal of the merchandise of fractional currency. portion of the act. Now as to the objection urged to reductions of appropriations for 1876. CONGRESSIONAL RECORD~HOUSE. 5605 the construction of public buildings throughout the country and the The implied statement by the President that the aggregat-e appro- building for the State, War, and Navy Departments in the city of priations of the sundry civil bill are in amount not more than 65 per Washington. The policy which guided the House was to make ap- cent. of those heretofore made should command approbation rather propriations this year for no bnildingthe construction of which had not than censure. · yet been commenced, and in making appropriations for those already For life-saving and life-boat stations our appropriation~ are in exceS.~ begun to give a sufficient sum to finish and furnish those of smaller of those made last year. We gave this year $237,460, wbile the amount size, such as the custom-house at New Orleans; the cust.om-house and appropriated last year wa-s $231,580. Surely we cannot be charge!l post-office at Raleigh, North Carolina; the custom-house and post- with injuring this humane service of the Governmep.t when we have office at Trenton, New Jersey; the custom-house and post-office at in this democratic House appropriated more than was appropriated Port Huron, Michigan; the custom-house and post-office at Parkers- by the previous republican Honse. burgh, West Virginia; the court-house and post-office at Lincoln, Ne- The appropriation for public printing and binding we reduce braeka, and .the custom-house and post-office at Rockland, Maine, gi v largely on the recommendation of the Committee on Printing of tllis ing the balance which we deemed 1\'ise to appropriate in a moderate Hous.e, which established the fact of gross abuse and extravagance degree to the larger structures, so as to go on with the work slowly. in the administration of that Office. The amount asked for the cur- The appropriation is' two millions less than last year, when the ap- rent year was $2,296,056.56. The amo~nt given la-st year was $1,665,:. propriations for public buildings, new and old, were unUiually extrav- 507.66. The amount allowed this.year, under advice of the Commit- agant. tee on Printing, is $1,133,737.50, about half a million dollars less than As to the appropriation for new structure for the State, War, and the appropriation last year. The report of this committee, to which Navy Departments in the city of Washington, it was under the same I have alluded, clearly establishes the fact that this sum should have rule. The expenditures for this structure are made an exception, all been sufficient to have done the work last year if the proper prices . the others being under the Supervising Architect of the Treasury De- had been paid for material ancl the running expense had been right- partment, while this is under an engineer of the Army, General 0. E. fully adjusted. Babcock. · · For the support of the National Home for Disabled Volunteer Sol~ For the rep.airs and presenration of the navy-yards we gave $100,000 diers we gave the exact amount asked, $668,733.44. against $500,000 last year.. 'Ve deemed that for the legitimate pur- The appropriations for the sundry civil expenses of the Government' poses of repairs proper at the different navy-yards and stations and for the year ending June :30,1868, were $5,307,191.38. In1870 they had the preservation of the same $100,000 is adequate, and believed the crept up to $9,976,228.81. In 1872 they further advanced to $24,161,- half million heretofore given was diverted to other purposes not prop- 773.86. Finaily, in 1874, they reached the:enormous amount of $32,- erly chargeable to this particular service. 186,129. In 1875, when the distress in the country became so preva- In reference to armories and arsenals the reductions, except in one lent it could no longer pass unheeded, even in a republican House of or two instances of no small amount, were those recommended by the Representatives, we find there was a small reduction from $32,186,129 late Secretary of War, Mr. Taft, in his communication to Congress to $27,009,744.81; in 1876, to $26,644,350. We have reduced the sun- revising the estimates ot his predecessor. dry civil expenses this year below the appropriation of last year $10,- In regard to the judicial expenses of the Government, reduction 441:780.01 appropriating only about one-half the amount appropri- was made upon the recommendation of the Committee on Expendi- ated in 1tl74, being a. reduction of about $l6,000,00Q. tures in the Department of J nstice, and justified after thorough in- MILITARY ACADEMY. vestigation by exposure of the most outrageous frauds upon the Gov- Appropriations last year, $364,740; Department estimates for year ernment, perpetrated by marshals and other United States officers, ending J nne 30, l877, $437,470; amount recommended by Honse Com- the most flagrant of which were in the States of Arkansas and North mittee on Appropriations, $231,241; amount passed the House,$259,- Carolina. The justice and propriety of this reductiorrare undoubtN1. 231 ; Senate committee recommended $308,841 ; Senate passed $308,- The action of the committee concerning surveys of the public 841; the law as finally enacted, $290,065. lands was taken after full conference with members on both sides of There was in controversy between the two Houses the question of the House, representing western districts, as well as with Delegates compensation to professors at West Point. The House deemed that from the Territories. The gentleman from :Minnesota, [.Mr. DUN- in some instances, being over $6,000 per annum, they were higher NELL,] when the bill came up first for consideration, used the follow than for similar services in civillife, especially when we take into con- ing language : sideration the fact that these professors without encountering any of There are many· t.hin~s in this appropriation bill referring to the public land& the privations, hardships, and dangers of Army life are when they which meet my approval. I believe that we have appropriated a much larl?er sum of money in years past for the survey of the public lancls than was needoo, and I rea-ch a condition of impaired usefulness placed upon the retired list, have said to members of t.he Comnuttee on Appropriations that I believed there and receive three-quarters of their pay at the ·time they are retired. could be retrenchment and a. saving of money in this direction at the present time, The Senate demanded the question of this reduction should be remitted and w hila I represent a western laml State, I am ver.v free to say that we may ap· to the commission created to inquire into the re-organizat.i on of the propriate no more than is in this bill with a very good reason for the present year. Army, and the House was compelled to accede thereto. I do not believe that a single State or a single Territory will suffer practically by this reduction. RIVER .AND HARBOR BILL. It is only necessary for me to add the further fact, that there are River and harbor appropriations la-st year, $6,643,517.50; Depart- now 160,000,000 acres of the public domain surveyed and undis- ment estimates for year ending June 30, 1877,$14,301,100; amount posed of. recommended by House Committee on Appropriations, $5,872,850; The President further complained that we had impaired the effi- amount passed the House, $5,872,850; Senate committee recom- ciency of the light-bouse service. Reference to figures shows the com- mended $4,993,000; Senate passed $5,000,000; the law as finally en- plaint to be without foundation. The appro:rtriation last year was acted, $5,000,000. . $1,999,000 and for this year $2,0l!:l,600, the appropriation for this year This bill was. not made up by the Committee on Appropriations, and being nearly $20:000 over that of last year. therefore I have not that full knowledge which would warrant me Appropriations for light-houses, beacons, and fog-lights were made in speaJdn~ of its details in comparison with previou3 bills with the after consultation with the proper officer having that service in same certarnty that I am able to do concerning the eleven other ap- charge and we gave a sum sufficient, as ,we were advised, for all that propriation bills. It is, however, a large reduction upon the amount was absolutely necessary during the fiscal year. There were some appropriated last year for the same purposes, and an immense .reduc- •which were desirable for which we did not make appropriation, but tion, as will be seen by the foregoing figures, upon the estimates of they were not such as we thought to be demanded now. the Department. Appropriations for the District of Columbia ate generally included INDIAN BILL. ' in this act~ and I need not stop to give the reasons why we sought to Appropriations last year, $5,360,554.55; Department estimates for be cautious in whatever we did. Past experience has shown such year ending June 30, 1877, $5,787,995.60; amount recommended by profligacy in the management of the affairs of this District that com- Honse Committee on Appropriations, $3,905,771.27; amount pas3ed mon justice to the people required we should surround all our ap- the House, $3,979,602.11 ; Senate committee recommended $5,206,861.27; propriations with every possible safeguard. Senate passed $4,958,361.27; the law as finally enacted, $4,670,117.02. We authorized an advance from the Treasury of the United States The principal disagreement between the two Houses related to the of the money necessary to meet the interest on the public debt of the tra:Qefer of the Indian Bureau from the Interior to the War Depart- District for the entire fiscal year; thus preventing any default of ment. The House believed that the management of Indian affairs prompt payment like that which has heretofore occurred, although could be more economically and efficiently administered by Army of- a portion of the.dobt had been reported by a committee of t.his House ficers already under pay than by civil officers, under whom had grown to have been illegally contracted. up a wide-spread system of peculation upon the India.n, a-s well as upon We also appropriated for the various charities and charitable in- the Government. One of the ·grounds which induced the Indian to stitutions within the District; authorized the repaving of Pennsyl- go to war against the white man was that treaty stipulations in ref- vania avenue, a proportionate share of the expense to be borne by erence to the delivery of subsistence and other supplies were not . the Government; provided for the payment of one-half of the ex- faithfully fulfilled. An Army officer holding a life positio~ depend- pense of the police and board of health; and, besides, allowed the gov- ent upon integrity and good behavior, and with a. strong desire for e~:nment of the District to increase the temporary debt to the extent promotion, which CMI. only occur upon the active and faithful dis- of over $400,000, so that no embarrassment should. or is likely to charge of his duties, is more likely to execute the promises of the occur. The appropriations for the year ending J nne 30, 1875, 'Government toward the Indian than the cinl officer who comes in amounted to $2,962,251.11, almost all of which was exclusively for aDd goes out with every change of Administration. And the present the benefit o.f the people of ,the District. The amount appropriated double-headed system of dispensing subsistence and supplieg; to the for the year ending June 30, 18761 was $1 1865,136.43. Indians through the agency of civil officers, while restraining aHd 5606 CONGRESSIONAL RECORD-HOUSE. AuGUST 14, keeping them at peace by the military arm, has been proved by long already spoken of our plan of reduction, both as to the force and the experience to be not only enormously expensive, but without any salary of ·Government employes. Tho House sought to red1..0ce both, adequate beneficial results either to the Indians or to the Govern- while the Senate, with equal tenacity, resisted reduction either of ment. The hand that feeds should be the hand to punish in case of force or salary. The result of the controversy is that while we rec- wrong-doing. Viewed as an economic question, we have General ommended twelve hundred and twelve reduction of clerks and em- Sheridan for authority, and almost all of the officers who have come ployes, they have yielded but seven hundred and sixty-five, who are into collision with the Indians, to show that the opinion I here express to go•out of office on the lOth day of October. We agreed to make is the just one. this reduction gradual, one-third on the lOth of September, one-third There is a misconception as to the Army officer. He does uot de- on the lOth of October, and one-third on the lOth of November; but sire constant warfare with the Indians, for, while he has to undergo the Secretary of Treasury requested we should change it in the man- great privation and hardship, he at the same time endangers his life ner in which it ha.s been finally agreed to, to wit, that the entire re- iij, battle with the Indians without that honor which attaches to war- duction shall take place on the lOth of October. i!l,re between civilized nations. Indeed, of all the people in the world, The House incorporated in this bill a clause repealing the increase the Army officer has less to gain and more to lose by Indian hostilities of the salary of the President from $25,000 to $50,000 a year, provid- than any other of our citizens. ing that on and after the 4th day of March, 1877, the salary of the ' . The House authorized the transfer in the Indian appropriation bill, President of the United States should be 25,000 per annum. The having previously passed a separate proposition on the same subject, House saw nothing wrong in this, since both Houses of CongreRs at which was transmitted to the Senate on the 25th of April last, but this session had passed a bill on the same subject to the same effect. which the Senate never took up for consideration or discussion. In- The bill originated in the Senate and was returned to that body cidentally, however, they did discuss the clause in the Indian bill, vetoed by the President. This salary was doubled when the salaries and voted it down, upon the ground that it was a change of law of Senators and Representatives were increased, and it was equally upon an appropriation bill. We think the country bad a right to condemned by the peo~~e. The salaries of Senators and Representa- expect from the Senate more consideration of this subject, and the tives were restored to-$5,000, but the Constitution intervened to pre- House only yielded at last, when longer persistence would result in vent any reduction of the President's salary from $50,000 a year dur- unlimited ext.e nsion of the session without corresponding good. ing his term of office. Therefore it was that, in obedience to the will The mismanagement now existing, although unfortunate, is well of the people, we provided for the restoration of the salary of the illustrated by the fact that t.be hostile Sioux are armed with better President to $25,000, beginning with the expiration of the present weapons than the troops put into the field against them. At this presidential term. The Senate struck this clause out of the House very session we have been compelled to pa sa law prohibiting the bill, and the House conferees, unwilling to yield on this point, re- Indian agents from further supplying to these hostile Indians im- ferred the subject to the two Houses. The Senate still adhered, and proved arms and ammunition. 1 doubt neither the propriety nor the finally the House was compelled to yield. absolute necessity of the proposed transfer, and only regret to say the This increase of the President's salary was originally made upon proposition has been defeated in the Senate more by indirection than an appropriation bill which the President signed without demur, by open opposition. and the House saw a fitness therefore that the repeal of the obnox- Let me pause for a moment to stat-e a fact which carries with it its ious increase which the people so unmistakably condemned should be own commentary. While there are in the Army 26,000 men, 15,000 of passed in a bill of a like character. When salaries are increased upon them in the Military Division of the Missouri, embracing the whole appropriation bills, there is no hesitation, no impropriety, no injus- Black Hills country where the recent fights and massacres occurred, tice, but everything is right and just and lawful; but when an effort General Terry and General Crook have been left UiftiJ. lately to resist is made to decreasa salaries, and lighten the burden upon the ta-x -pay- the comhine(l hostile Indians under Sitting Bull with a force of less ers, tben it is all wrong, and to be fought to the last extremity. I than three thousand men. We are now asked to add to the Army have. the sincere conviction th~t the people will see this matter in its twenty-five hundred cavalry, when it must be apparent to the most true light, and if we have gained nothing else in onr retrenchment casual observer that such addition is entirely unnecessary if the force efforts we have made a great step in advance in favor of economical was taken from where it is of no service whatever and transferred to administration when we have attractedpublic attention to these cry- where it is needed to win success to our arms. in(J' evils. I yet hope for the transfer at the next session. We have made re- The next point of difference wa.s as to the compensation of Senators ductions, even under its present inefficient management, of $700,000 or anuRepresentatives. The House applied the general rule of 10percent. thereabouts. reduction, because it seemed onlyfairwhen starting out to reduce all CO:t{SULA.R AND DIPLOMATIC BILL. other salaries we ehould first begin with our own. The Senate refused Appropriations last year, $1,374,985; Department estimates for year to yield, and the House conferees were equally :firm, and the question ending June 30, 1877, 1,352,485; amount recommended by House finally was remi ttecl to the House, and the decision was similar to that Committee on Appropriations, 922,847.50; amount passed the House, in the case of the President's salary. $912,747.50; Senate committee recommended $1,341,647.50; Senate It was urged on the part of the Senate that when the sa.lary was passed $1,341,647.50; the la,w as finally enacted, 1,158,579.50. reduced to $5,000 the franking privilege had been abo}ished, and The House held that our diplomatic service was conducted with therefore the charge upon Senators and Representatives for postage unnecessary expense and that the salaries paid to foreign ministers was about equal to the proposed 10 per cent. decrease. This at the were excessive when contrasted with the salaries paid to other gov- time seemed proper to take into consideration ; but since the Hoose ernmental officials, while at the same ti,me officers of the highest was compelled to yield the Senate has restored the franking privilege diplomatic rank were accredited to governments where charges so far as that body could. This action on their part certainly will · d'affaires with greatly reduced salaries would be equally efficient. not escape criticism. The truth is that all _important matters in controversy between this The Senate refused to reduce in any respect the salaries of the and foreign governments are to-day directly negotiated and adjusted higher departmental and bureau offieers. They were willing to re- through by the State Department at Washington, and therefore in duce the intermediate salaries-that is, of those between the higher many cases the position of foroign minister is little more than a costly positions an5,948, which the Senate increasecl to $345,511.20. The bill as passct l administered with extravagance. appropriates $312,028. The Senate claimed the right, which has been We have not secured the reductitl11S we sought, and which we be- heretofore conceded, to have the exclusive control of the number and lieved to be proper, but we have at least accomplished enough to re- pay of their employes. The reduction therefore in the expenses of ward us for tho effort. the Senate between this and last year is only a little over ,000, while the House have reduced their expenses $67,000. Tbe Honse LEGISLATIVE, EXECUTIVE, .AND JUDICIAL APPROPRIATION BILL. were compelled to raise their expenses somewhat from the original Appropriations last year, $18,9()-2,236.99; Department estimates for recommendation because of the great disparity which the Senate in- year ending June 30, 1877, $20,836,307; amount recommended by sisted upon_in favor of the salaries of their employes. . House Committee on Appropriations, $13,009,807.61; amount pa-ssed As an illustration of bow the number and sn.laries in the Se.nate and theHouse,$12,998,815.61; Senate committee recommended, $16,606,858; House have increased in a few years, I herewith submit a statement, """enate passed, $16,635,338; the law as finally enacted, $15,373~_.960 originally reported from the Committee on Appropriations of the 'J.'.he,great struggle of the session took place on this bill. 1 have House: 1876. CONGRESSIONAL RECORD-HOUSE. 5607 Comparative exhibit showing relative force and compensation of the two Comparative exhibit showing relative force and compensation of the two Houses of Congress. H()uses of Congress-Continued . Estimates for 1876-'77. Appropriationa for 1865. Estimates for 1876-'77. .Appropriations for 1865. Officers and employu, Senate. Salarie8. Ojftcera and employes Hot.t8e- Continued &>nretary of the Senate .•••••..•••. $4,320 00 $3,600 00 Officers charged with the disburse· 576 00 480 00 Private secretary to Speaker ...... $2, 102 40 menta. Sergeant-at-Arms of the Houae of 4, 320 oo· :::::::::::::::::::::::: 'i2." 'oo i60 ChiefClerk ....................... . 3, 000 00 2, 500 00 R.epresentati ves. Adllitional to Chief Clerk (while 1,000 00 Clerk to Sergeant-at-Arms .•...••.. 2, 500 00 . • • • • • • .. • .. . • • • • • .. .. • . 1, 800 00 said office is held bypresentincum- Paying teller to Sergeant-at-Arms . 1,800 00 ........................ .... ..... . bent.) . Messengerto Sergeant-at-Arms .. . . 1, 440 00 . • • • • • .. • • • • . • • • • • • . . . • . 1, 200 00 Principal clerk ................... . 3, 000 00 ........................ 2,160 00 Doorkeeper of the House of Repre- 2, 592 00 ........................ 2 t 1(.0 (.0 Principal executive clerk ......... . 3,000 00 ...... ...... •••••• ...... 2,160 00 sentatives. Minute and journal clerk ......... . 3, 000 00 Assistant doorkee})er ...•.....•..•. 2,592 00 ................................. . Finn.ncial clerk . .................. . 3,000 00 ..................................... Postmaster of the House of Repre- 2, 592 00 . . • • • • . • • • • • . • • • • • • • • • • . 2, 160 00 Librarian . . ...................... . 2, 220 00 sentatives. Seven clerks, at $2,220 e.&{)h ~ •••••• 15,540 00 {Eight at$1,850each.. 14, 800 00 Assistant postmaster ...•........• . 1 800 00 1 740 00 Clerk of printing r ecords ..•••••••. 2, 220 00 .................. •••••• 1, 850 00 Fourteen mess<>:ngers, seven at • 1 Two mail-boys, at { • ~ f900 each, and four Five clerks, at $2,100each . ........ . 10,500 00 $1,500 each, and seven at $1,200 Keeper of stationery .........•..•••. 2, 102 40 ........................ 1, 750 00 each . . ........•.......•.......•. . 18, 900 00 J messengers,at$1,440. 7, 560 00 AssiBtant keeper of stationery . •••. 1, 800 00 Messenger . .... . ................ .. 1, 296 00 ·{·2~~~;g~~~1~soo~Ji ~.ioo·oo .. Chaplain of the Honse of Repre- sentatives. Two stenographers, at $4~200 each . . 900 00 .. • .. • • • • . • • • • .. • • • • .. • . 750 00 Special policeman . ••..•....•••.•• . 1, 296 00 11 policeman.......... page .. .. • • . . • • . • • . . 480 00 500 00 Superintendent of the folaing-room . 8,400 00 . ....................... . ........ . 2, 160 00 . ·- .• . ...•.• •••• •• ...... 1, 800 00 Chaplain . .... . .. . .....••...•..•.• . 900 00 ........................ 750 00 Superintendent and assistant of 4,320 00 ........................ · ···•••••• Secretary to the Vice-President ..•. 2, 10"~ 40 ........................ 1, 700 00 document-~m, at 12,160 each. Clerk to Committee on Finance .•.. Clerk to Committee on Claims ..... Clerk to Committee on Appropria- 2, 220 00 ........................ 1,850 00 2, 220 00 ........................ 1,850 00 2, 220 00 Document file clerk .••. . .•..•...•. j 1, 800 00 Five messengers, at fl,SOO each .••. ' 9, 000 00 ·i;~ ·~~~~~;;i8;;, iii· $1, 75!.! each. .. ··a:504·oo tions. Six messengers, at $1,440 each .••.. 8, 640 00 One messenger, at 1, 740 00 Clerk to Committee on Commerce, 2,2~ 00 $1,740. 1874. Twelve messengers, during session 1'0, 080 00 Five messengers, at 7, 500 00 · Clerk to Committee on the Judici· 2, 220 00 of Congress, ·(seven months,) at et,500 each. ary, 1875. $1,440 each per annum. Clerk to Committee on Private Land 2, 220 00 Fifteen laborers, at f720 each .••••• 10,800 00 Six: messengers, at 7, 200 00 Claims, S. C., 1875. 11.200 each. Telegraph operator, at the rate of 500 00 Seven laborers, during session of 2, 940 00 Twelve messengers, 4,800 00 1100 per month during session of Congress, (seven months,) at$720 during t.be session, Congress. e~Wh per annum. at $1,200each peran- Sergeant-at-Arms and Doorkeepe~ . . 4,320 00 ........................ 2,000 00 num. .Assistant doorkeeper . •.•••.•••.••. 2, 592 00 . .. • • • . • • . • • . • . • • • • • • • • . 1, 700 00 Two laborers, one at t820 and one 1, 737 50 For fuel, light-s, pay of 12,000 00 Acting assistant doorkeeper .••..•. 2,592 00 . ... .. .. . ... . ... . . . .. . . . . .. . . . . . . at 1917.50. engineers, firemen,' Postmaster ....................... . 2,100 00 l, 750 00 and laborers, re- Asssistan.t postmaster . ......•. . ••. 2,088 00 'A;.d'iii.;.tl~8;:::::: 1,440 00 pairs, &c. Two mail carriers, at 11,200 each .. 2, 400 00 f9()0each......... .••.. 1, 800 00 One woman for attending in ladies' 600 00 Superintendent of document-room . 2,160 00 1, 500 06 retiring-room. . Two assistants in document-room, 2,880 00 'ii,'200'~1i:::::::::::: 2, 400 00 at $1,440 each. • Total.~...................... 200, 786 70 Total • .. • • • • • • • .. 84, 498 00 Superintendent of folding-room .•. Three messengers, acting as a-ssist- ant doorkeepers, at II 800 each. One other valuable result ·accomplished is the enactment of a clause Twenty messengers, at$1,440each in the direetion of civil-service reform, prohibiting all officers or em- Laborer in charge of private pas- ployes of the Government not appointed by the President and con- sage. firmed by the Senate from requiring or requesting, giving to or re- Lab6rerinchargeof ladies' room .. 720 00 ceiving from, any other officer or employe of the same, or other person, Chief engineer .................... . 2,100 oo ·s~p~~t,.;~·d·a~·i--f~· ··i;200·oo charge of furnace .. directly or indirectly, any money, property, or other thing of value Four assistant engineers, at $1,440 5, 760 00 Assistant ............ . 600 00 for political purposes; and 1\nY such officer or employe doing so e!Wh shall be dismissed at once from the service of the United States, and Two firemen, at $1,095 ea{lh ..••.•• . also be guilty of a misdemeanor, and on conviction thereof shall be Three laborers, at 1730 each ....... fined in a sum of not more than $.">00. I now append in tabular form a comparative recapitulation, from Total........................ 146, 068 fCO Total . .. • • • • • • .. . 79, 682 00 which it will be seen that between the appropriations of this year and 0./fice'ra and employes House of Rep- last year we have made a reduction within a fraction of $30,000,000. ruentatf1u. Mr. SPRINGER. I have made an estimate of the amount of money to each congressional district, and find that it would be $102,555.65. Clerk of the Honse ...•.••....•..•. $4, 320 00 . .. • • • • • • • • • • .. • • • . • • • • • 3, 600 00 And I have also estimated the amount which ~his would save an-: Officer charged with disbursing the 576 00 .••.•• , .......................... . nually to the State of illinois, the State which I have the honor in contingent fund. Chief clerk and journal clerk, at 7, 200 00 And one assistant, at 4, 320 00 part to represent, and I find it would be $1,948,557.35, and my friend $1,600 e!Wh. 12,160 e!Wh from New York [Mr. Cox) sug~ests that this would amount to an an- Two reading clerks, assistant jour· nual saving of $3,384,336.45 to the State of New York. Every gentle- 12,00000 man can make the computation for his own State. Th.isis a most im- nal clerk. and tally clerk, at $3,000 each. portant result, and when brought home to the people of each distriot Four assistant clerks, at $2,592 each 10, 368 oo· Eleven cleJ:ks, at $1,800 19, 800 00 they will not fail to appreciate the fact. By the action of this House, e~Wh through the efficient services of the Committee on Appropriations, an • One assistant clerk ..••••...•.•..•. 2,220 00 ................................. . Eight assistant clerks, including 17,280 00 ................................. . annual burden of $102,555.65 has been lifted from the shoulders of librarian and assistant librarian, the tax-payers of each congressional district. at $2,160 each. Mr. FOSTER. Is that the reduction on the estimates f Pour assistant clerks, at fl 800 C~Wh 7 200 00 1, 752 00 Mr. SPRL~GER. That is the amount of reduction for each coll- Chief messenger in office of Clerk of ~ 102 4o -Three ~-i;g~~;. -~t 3, 600 oo gressional district. · · the House, at ~.76 per day. 11.,200 each Saperintenden t . of document-room 1, 800 00 Mesaenger to the Speak· 1, 752 00 Mr. RANDALL. The amount is $102,555.65. of Clerk of the House. er. Mr. FOSTER. On the estimates or appropriations f Three messengers, including mes- 4, 320 00 Mr. SPRINGER. On the appropriations actually made. senger in library, at 11,440 each. One engineer ......... . ............ . 1,800 00 ·Mr. FOSTER. As against the estimates or appropriations T Three assistant engineers, at $1,440 4,320 00 Mr. RANDALL. I cannot yield further. each. The re-appropriations in Army and sundry civil bills are added in Six firemen, at$1,095eaoh . ........ . 6, 570 00 our aggregates. Clerk to Committee of Ways and 2,592 M Means. Early in the session, under provocation in debate, but after careful M!!':i~!~n~ Committee of Ways 1,314 00 ................. ~...... 1,800 00 examination and close study, I stated it as my belief that the expend- Clerk to Committee on Appropria- itures of the Government could be reduced from $30,000,000 to $40,- 2, 592 00 000,000 without being prejudical in any degree to an efficient admin- tions. Mes~e~g~r to Committee on Appro- 1,314 00 istration of all governmental functions. At the time this was con- sidered to be an exaggeration. Events, however, have demonstrated cfe~k:C~mmittee of claims ..••. 2, 160 00 • .. .. • • • • • • .. • • • .. • • • .. . l, 800 00 the correctness of the statement. And I regret to say that in our Clerk to Committee on War Claims 2,160 00 ................................. . Clerk to Committee on Public Lands 2, 160 00 .. :.. • .. . • .. • • • • • • • .. • • . 1, 800 00 struggle with the Senate we have been compelled to yield to that Clerk at Speaker's table, at ~.76 2,102 40 ................................. . body to the extent of $10,500,000 from the reduction proposed by the per day. Honse committee. In another year, we hope alii believe, the Senate, . . 5608 CONGRESSIONAL RECORD-HOUSE. AUGUST . 14, by the verdict of the people, will concur with us in that regard. And One more suggestion and I will close. I believe the real, natuml, I here assert that, with a Chief .Magistrate s.cting in harmony with safe, and permanent way to the resumption of specie payments i in I the purpose of the present House, a further reduction can readily be the reduction of the expenditures of the Government to what is needed made of $10,000,000, bringing with it no difficulties in the adminis- by an economical administrat ion. Human foresight, in my judgment, tration of the Government. · cannot fix the exact hour or day when it shall take place. But, the I These facts and figures, Mr. Speaker, speak for themselves, and trUth is self-evident, if we save $20,000,000 or $30,000,000 or $40,000,000 need no elaboration at my hands. Upon the result which they dem- a year, we not only provide the means for a speedy resumption by the onstrate we rest our claim of having earnestly and faithfully dis- establishment of a rigid economy and just expenditure, but we estab- ch.q,rged our duty to the people in the way which they required when llish that confidence which mnst inevitably precede the desired result. they sent us here. We have not reduced expenditures as much as [Loud applause.] they expected; but that we have not done so is no fault of ours. . The following arc the tabl~s referred to: · COMP.ARATIVE RECAPITULATION. l~'g <1)1-4 'd 'disions of ~e legislative act appropriating, HOUSE R&DUCTIO:XS. for the year endrng June 30, 1865, 20 per cent. additional to the pay of certain em- Pensions .................................................. . .... . $466,500 00 ·ployes. Military Academy . ............................ ~178, 239 00 105, 509 00 8. Section 8 authorizes the Secretary of the Navy to appoint in the different Bu- Consular and diplomatic....................... 439,737 50 462, 237 50 reaus of his Department forty-three clerks of various classes. . Fortifications.................................. 3, 091,000 00 535,000 00 9. Section 9 p rovides for a continuance of increased compen!.lation of inspectors of Legislative, executive, and judicial...... ..... 7, 837,49139 5, 903, 421 38 customs in certain ports, in conformity to act of April 29, 1864. River and harbor............................... 8, 42il, 250 00 770,667 50 10. Section 10 prescribes the manner of ailjustment of accounts of Stewart Deficiencies................................ . ... 2, 051, 98i 96 4, 03-2, 212 44 Gwynn, under and by the authority of the legislative act providing for the year eml- Post-office.................................... . 4,200, 696 99 4, 145, 2CJ9 00 ing June 30, 1866. Naval service.................................. 8,438,81100 4, 568, 151 00 11. Section 12 provides _for pa.:rment. of the proper informers' moieties, &c., in Indian . . . . • . . . . . • . .. . • • • . . • .. • • • • • . . . . . . . . . . . . 1, 808, 393 49 l, 380. Y52 44 cases where moneys accrmn~ to the Umtcd States from fines, &c., have been erro- Army...... ................................... 10,168,928 98 4, 754, 010 48 neously received and covered in the Trea-sury before said payment. Sundry civil................................... 17,703, 148 75 11, 787, 023 55 ARMY. Total .................... _.............. . --64·-,-a-t-6-,-68-2._0_6-l---:::38-,-9-10-,-98_4._2_9 1. Section 4 provides for manner of obtaining supplies for the Quartermaster 's Department, and conditionally prescribe8 preference for articles of American man- ufacture and produced on the Pacific coast. 2. Section 5 repeals section 17 of the act of July 17, 1862, and a resolution of Object. From estimates. Fromlastsear. .April4, 1862, in regard to assignment of command of troops and pay ancl emolu- r ments of certain officers, and provides that no officer in the military or naval serv- ice in time of peace shall be dismissed except in pursuance of sentence of court- THIS YEAR's LAW REDUCTIONS martial orin oommutation thereof. Pensions....................................... ...... . .... .. .. . . $466,500 00 3. Section6 provides t.hat the Superintendent and officers of the Military A.call- Military AcadAmy ... . . . .•.••• .••. .. •••••... ••. 147,405 00 74, 675 00 emy may be selected and detailed from any arm of the service, and its char~ e and Consular and diplomatic . . . . . . . . . . . . . • . . . . . . • . . l!l3, 905 50 216, 405 50 supervision shall be under the War Department, under such officers as the Sec.r e . Fol"tifications . .. . . .. . . .. • .. • . . .. . . . . • • . . . • • • • • . 3, 091, 000 00 535, 000 00 tar_y of War may assign. · Legislative, executive, andjodioial....... ...... 5, 462,347 00 3, 528,276 99 4. Section 7 provides for extra pa.y for soldiers emplored as artificers or laborers River and harbor • • • • • • . • • • . . • • • • • • . • • • • • . • . • • . ~::~~':~~e~~::::::::::::::::::::::::::::::::::: Naval service................................... !1, 301, 100 00 ~;~}~ ~~ 8,131,31100 1 643, 517 50 ~:~~~~~~ g~ 4,260,65100 I in constant labor of not less than ten days, &c. m3_~tion8 increases mileage of officers traveling under orders totencentsper · NAVY. Indian........................................ 1,117,878 58 690,437 53 1. Directions to Secretary of Navy in connection of purchase of S'ea.vey's Isl- Arm_y.......................................... 7,361,580 60 1,946,66210 and. Sundry civil ·-- .. • · • • • • • .. • • ·-- ·-- • ... • • · .. - ·- · 16, 21r~. 569 82 10, 286, 444 62 2. Section 2 amends act of May 21, 1864, apprepriating bounties for destruction · 1------·1------ of enemy's vesseL Total ·-- · • • • .. • • • · • • ·- • · ·- • • • • ·-- ·--- • .. · 55, :7!!, 950 63 . 29, 944, 252 86 3. Section 3 provides that no payment of the appropriations made by this act shall be made in violation of the act of July 2, 1862, to prescribe a.n oath of office. 1876. CONGRESSIONAL RECORD- · HOUSE. 5609 4. Section 4 repeals the act prohibiting allowance ro officers in the service for ARMY. rent of quarters, &c., and all ads or parts of acts authorizilig the appointment of 1. Proviso in reference ro the ownership, payment for keeping in repair, and :Navy agents. . . . manner of using the Rock Island bridge. • 5. Section 5 proVIdes that the Secretary of tbe Navy may threct the hme of ex- 2. Section 2 requires the headquarters of t.he General of the Army of the United amination of candidates for admission to the Naval Academy. States to be at tho city of Washington, and all orders and instructions relating to 6. Section 6 abolisbes office of assistant in Bureau of Ordnance. military operations issued by the President or Secretary of War shall be issued 7. Section 7 pmhibits vacancy in the fade of professor of mathematics. through the General of the Army, and, in case of his inability, through the next 8. Section 8revives the act of Angus 31, 18:52, for surveys and reconnaissances in rank. The General of the Army shall not be removed, suspended, or relieved of such parts of Tiehrin_g's Straits, North Pacifi11 Ocean, as are frequented by Ameri- from command or assigned to duty elsewhere than at said headquarters, except a.t can ships, and llirects the Secretary of the Navy to recommence surveys, &c., and his own request, without the previoas approval of the Senate, &c. continue in tho Pacific Ocean, and to use officers, vessels, &c. 3. Section 3 repeals the joint resolution relative to the appointments to the Mili- !>. Section !) authorizes transfer of appropriations for the pay of theNavy to the tary Academy of J nne 16, 1866. uses of the contingent fund. 4. Section 5 prohil>its whipping or maiming as a punishment by any pret~nded CONSUL.A:R A..'ID DIPLOMATIC. civil or military authority lately in rebellion until the civil government of such State shall have been re!ltored and recognized. 1. Section 2 provides for the appointment of a Second .Assistant Secretary of 5. Section 6 disbands all militia forces now organized in certain ·rebel States, state and an examiner of claims. . and forbids f~ organization, arming, or calling into the service of the same. 2. Section 3 provides as to the ~unting for and disposition of fees collected by certain consuls and commercial agents. · NAVY. 3. Section 4 provides that the salary of an envoy extraormnary shall be only that 1. Section 2. Secretary of the Navy authorized ro negotiate with the city of of a. minister resident, except when appointed to a. post where the United States are Brooklyn for an exchange of lands in Wallabout Bay. now represented by an envoy extraorOinary. 2. Section 3 prohibits Government officers or employ6s in navy-yards from re- RIVER AND HARBOR. questing of workingmen money for political purposes, and forbids removal on OO· count of political opinion. 1. Sections 2 and 3 instruct Secretary of War as to application of appropriations, lUVER8 A..""D HARBORS. as to making contracts, manner and matter of reports to Congress, as to proposals, ilisbursing officers, and forbidding the latter to receive commissions, (they being ·1. Section 2 revives previous unexpended appropriation, provides for the manner United States officers,) and places the appropriations at tho disposal of the Secre- of it~ expenditure, and that the Michigan City Harbqr Company shall eontribute tary of War. $100,000 for the same purpose, to wit, a harbor at that place, and provides for· the MILITARY ACADEMY. manner in which contracts shall be made and the work shall be done, &c. 2. Section 3 instructs Secretary of War as to manner of inviting proposals for any 1. Section 2 prohibits persons who have served in the military or naval service work, any material or labor, and as to security from disbursing officers. in the Confederate States from receiving an appointment as cadet in the Military or Naval Academy. INDIAN. POST-OFFICE. Sections 2, 3, and 4 provide for the manner of paying moneys or annuities t~ In- 1. Section 3 authorizes the Postmaster-General to employ sailing-vessels for the dian tribes; as to the duty of the Indian Bureau to report tabular statement at transportation of the mails between the United States and any foreign port, t~ fa- commencement of each December session, showing in detail expenditure, and· to cilitate the service. whom paid, and for what objects, and provide for vacancies in particular cases of 2. Section 4 requires the Postmaster-General t~ report his estimates annually to Indian subagents. • the Secretary of the Treasury prior to the 1st day of November. SUNDRY CIVIL. 3. Section 6 provides for manner of adverti~>mg notices and proposals for con· 1. Section 2 abolishes office of CommiSsioner of Pnb1ic Buildings, and devolves tracts for all the Executi'l'e Departments 1-equired by law to be published in the the duties upon the Chief of Engineers of the Unitoo States Army, including all city of Washlngt~n, and the amount of charge to be paid for such. the :public works of the Government in the District of Columbia not otherwise Im>IAN. proVIded for by law, and places appointment of Capitol police under the respective Sergeants-at-Arms. 1. Section 2 prohibits funds belonging to any Indian tribes under treaty relations 2. Sections 3 and 4 authorize Light-House Board rouse uneXJ)ended balances of to be applied in any mannernot a.uthonzed by such treaty, &c. appropriations for the Pacific coast for similar works upon the same coast, and to 2. Section 3 provides for payment, and the manner thereof, of $500,000 for sup- purchase necessary lands in certain cases and under certain conditions, and forbids 'Plies for the destitute Indians of the southern superintendency, and authorizes the certain superintendents of lights whose compensation as collectors of customs ex- Comptroller of the Treasury to take testimony as to amount due certain contract- ceeds $3,000 per annum from receiving compensation as disbursing agents, &c. ors upon principles of equity. Section 5 fixes salary of general appraiser and assistant appraisers. 3. Section 4 provides who and under what conditions may be Indian traders. 3. Section 6 grants relief to olerk of pardons, :::!tate Department. SUNDRY CIVIL. 4. Section 7 direct.q Clerk of House of Representatives to select newspapers in each of the ten rebel States in which laws, &c., shall be published, and the manner 1. Section 2 partially organizes the independent trea.aury ; also prescribes the and rates. manner and conditions under which payment of the commutation-fund (act of 5. Section 8 authorizes Secretary of Treasury to sell at public auction certain February 24, 1864) may be made. buildings and grounds belonging to the United States. 2. Section 3 repealR so much of act of April 7, 1866, as provides for compensation 6. Section 9 directs the Secretary of the Interior to examine condition of p11blic of revenue agent at New York. buildings in New Mexico and report, &c. 3. Section 4 ·supplies deficiency for the mail service, to tho amount of $925,000, 7. Section 10 directs as to advertisements, &c., to be printed in newspapers in tho out of the revenues of the Post-Office Department for the year ending June 30, District of Columbia, and as to other printing. 1866. 8. Section 12 directs Secretary of War to increase the pay of clerks in Springfield 4. Section 5 increases pay of certain watchmen to $000 per annum. armory. · 5. Section 6 increa.'>es pay of Metropolitan police force $20 per month, and pre- SEc. 13. That the laws relating to the Army, Navy, militia, and the Marine scribes the manner of providinrr 1:mch increase. Corps be published in the Army and Navy Journal at such rates as are fixed by the 6. Section 7 authorizes the SCcrtJtary of the Navy to dispose of the property Secretary of State. sa"ed from tho rebel steamer Florida, an(} to distribute the proceeds as otherprue- DEFICIENCIBS. m~~~e"ction 8 _gives millshipmen and acting midshipmen one ration, or comutation 1. Section 2 transfers unexpended balanc~ of appro:priation for legislative ex- penses of Nebraska fora geologicalsnrvey of said TerrJt{)ry. therefor. An increase. · 8. Section 9 repeals so much of" act appropriating salary for miuistor resident in 2. Sections 3 and 4 fix tax on gaugeable goods wit.hdrawn from bonded warehonse Greece. for export, asd fix pay of gangers at port of Now York after A:prill, 1867. 9. Section 10 pro,.ides for traveling expenses of First Michigan Cavalry in the 3. Section 5 construes portion of act of April 2, 1866, to a.uthonze and require the year 1866, ami subsistence at the tima of muster out from the service of the United Secretary of the Treasury to pay certain contractors. StateR. . 4. Sections 7, 8, 9, fix salaries of certain surveyors, clerks, and judges. \0. Section 1l cxtendd provisions of the act of June 22, 1860, to carry into effect 5. Section 11 gives notice of annulment of contract for publication of debates in treaties between the United States and China, Jap:1n, and other countries. Congress. · 1l. Sections 12, 13, 14, 15, and 16 provide for payment of bountieR to soldiers who 6. Section 12 authorizes Secretary of Interior to appoint in the Pelli!iQn Office enlisttld after tho 19th of April, 186L, and after tho 14th of April, 1861, or their eighty clerks for two years. · widows, minor children, or parents, the manner of payment, and provide conditions of circumstance nnder which paid, and prescribe the duty of Paymaster-General 1868. in tho reception, examination, settlement, and payment ef said bounty to sa.id sol- diers. or to their widows or heirs. LEGISLATIVE, EXECUTIVE, AND JUDICIAL. 12. Section 17 increases compensation of Senators, Representatives, and Dele- 1. Re-organizes partially the office force of the Department of State, and repeals ~ates in Congress to $5,000, and fixes mileage at twenty cents per mile, and that of the act of le56. tl.le Speaker of the House at $8,000 per year. 2. Makes special Commissioner of Revenue Chief of Bureau of Statistics. 13. Section 18 increases the compensation of all employes of the Senate and 3. Section 2 extends provisions of section 10 of sundrJ civil law of 1867, concern- House 20 -per cent., to commence with the present Congress. ing proposals for contracts for printing for all the Executive Departments, and 14. Section 19 provides for board of officers, to be appointed by Secretary of War, prmting the laws and treaties, providirig place, number of newspapers in which, to supervise the expenditure of $5,000 for the preservation of the harbor of Prov- and time of advertisements. incetown, Massachusetts. 4. Section 3 repeals the act authorizing the publiCation of debates in Congress, DEFICIENCIES. and directs the Joint Committee on Printing to invite proposals for the same. 1. Section 4 construes the meaning of the fourth section of the act ef March 3, 5. Section 4 directs the :u,anner of advertisements, &c., m the District of Colum· 1865, and authorizes the disbursement of certain money through certain agents bia, Mar:yland, and Virginia. referred to in said section. 6. Sectlon 5 fixes the pay of each night-watchman in the Treasury Department at 2. Section 7 directs Secretary of War to report estimates for the erection of suit- t-)00 per year. · able fire-proof buildings for ~be War Department. 7. Section 6 exclude.~ statuary, &c., property of private individuaJs, from the 3. Section 8 amends the fourth section of the act of March 3, 1849, bein~ "an act Capitol building. to provide for the payment of horses and other property lost in the serVIce of the NAVY BILL. ted States," l>y striking out all after the enacting clause_and substituting, "that 1. Section 2 establishes number of enlisted persons in the Navy at 8,500. the said fThird] Auditor shall in all cases transwt his adjustment, with all the 2. Section 3 covers in unexpended appropriations existing on the lst of J nl.v next. papers re1ating thereto, to the Second Comptroller, for his revision and decision 3. Section 4 directs Secretary of Treasury to state in his next Book of Estimates thereon, the same in all respect..'\ as is provided in the act of September 2, 1789, '' balances of appropriations made prior to prel!lent session of Congress for eaoh the same being "an act to establish the Treasury Department." branch of the public service and unexpend.e d on the 1st day of July next, stating the amount necessary to execute contracts and pay expenses properly chargeable 1867. to such balances. LEGISLATIVE, EXECUTIVE, AND JUDICIAL. SUNDRY CIYIL lJlLL. 1. Section 2 declares the scope of the proviso contained in the third section of 1. Section 7 covers in the moneys standing ta tho credit of patent fund, andre- act July 2, 1864, to embrace all suits to which the United States shall be a party in quiring hereafter detailed statement of expenditurAs. the Court of Claims. 2. Section 8 authorizes special tax for schools in Washington and Geor~etown. 2. Section 3 authorizes the Secretary of. War ro direct a geological and topo- 3. Section !) repeals law rernl.ating price of labor in Government Printin.~ 01ice, graphical exploration of the Territory between the Rooky Mountains and the and making it the dnty of t'he Government Printer to contract for such boor at Sierra Nevada. just rates. 56.10 CONGRESSIONAL RECORD-HOUSE. AUGUST 14, 4. ~ection 10 provides for payments to Maine and Massachusetts under the fourth 3. Section 3 makes provision aa to Light-House Board as to revenue-cutters on article of treaty of Washington, 9th of August, 1842. the northern and northwestern lakes, repealing the law directing them to be laid DEFICIESCY. up, and authorizin"' the sale of two of them. 4. Sections 5 anti 6 authorize canal comrpission in the city of Washington, and 1. To pay for services of the First Regiment of the Colorado Mounted Militia.. provide for the re-imbursement of the cost of the same by taxes, &c., anti author- 2. Section 2, to·re.im bursa the city of Washington for improving the property of Ize certificates of indebtedness to pay amount due by the corporation of Washing- the General Government, and repealing certain Mts. ton, due up to the 6th tlay of June, 1870. 3. Section 3 makes it a misdemeanor for any officer of the Government to con· 5. Section 13 permits the extension of the Junction and Breakwater Railroad tract for the erection, repair, or furnishing of any public building, or improvement over the iron pier at or near Lewes, Delaware. in excess of any specific appropriation. 4. Section 4 repeals laws appropriating for the solicitor, assistant solicitor, and deputy solicitor of the Court of Claims, and of the Assistant .Attorney-General for 1871. fiscal year ending June 30, 1869, and appropriates for two Assistant .Attorneys- LEGISLATIVE, EXECUTIVE, il"D JUDICIAL. General, one clerk, and two clerks of class four, for said year. 1. .Altering the law in regard to furnishing extra documents by the Government CONSULAR A~'D DIPLOMATIC. Printing Office. . 1. Section 2 forbids vay to diplomatic or consular officers while absent beyond 2. Modifying the law in regard to publishing laws or treaties in newspapers. the term of &ixty days many one year. a · 3. Section 3, increasing the salaries of the Chief Justice and as ociate justices 2. Section 3 provides fee for verltication of inveices. penalty for illegal charges, and circuit judges of the United States, aud prescribing duty of the latter in re~rd &c., and conditionally :fuolishes tonnage or clearance fees. to places of holoing court. 3. Section 4 provides for inspection of consular offices. ARMY. . 4. Section 5 provides a;.:.ainst willful neglect of consular officers to render ac- 1. Section 2 directs President of the United States to appoint three commissioners countq. of claims to examine, &.c., ancl report upon the justice, &c., of claims of citiZens 5. Section 6 provides that the consuls-general, respectively, shall hold but one who remained loyal during the war. office, limits e.xl'ense to stationery, &c. 2. Sections 3, 4, 5, and 6 provide for the manner, &c., and makes an indefinite 6. Section 7 fixes salary of consul at Bangkok, in Siam, at $3,000, and reduces appropriation. others. 3. Section 7 directs Secretary of War to build and operate a telegraph line from INDIAN BILL FOR 1868. Yankton to Fort Randall, and thence to Fort Sully; provides for the cost, rate per 1. Section 2 prescribes the mode of delivery of goods to Indians. mile, charges for trnnsmiaion of 'Dews, &c. 2. Section 5 directs Committees on Indian .Affairs of each House to examine the "4. Section 8 provides an indefinite appropriation for the same. Choctaw and Chickaaaw claim and report next session. 5. Section 9 direct~ Secretary of Treasury to pay certain Pacific Railroad Com- 3. Section 6 r68tores the Mendocino reservation to the public lands, provides for panies one. half of the compensation due them for services rendered or to be ren- it.s survey and sale, &c. dered. NAVY BILL. 1. Section 2 authorizes the Secretary of Navy to build a floating iron dock, at a 1869. cost of not more than one million, and prescribes the method of receiving bids, and AIWY BILL. that they be referred to a board of at least five officers, a maJority of whom shall be 1. Authorizes Secretary of :.War to have prepared and published the results of constructors and en¢neers, and provides for faithful performance of contract. the exploration of the fortieth varallel. 2. Section 3 provides for manner of making contracts for the Navy for supplies 2. Sections 2 to 7, both inclus1ve. Partial reduction of the .Army. for forei~ stations. 3. Section 4 authorizes the President to accept th~ resignation of any naval offi- NAVY BILL. cer until the number of the grade to which such officer snail belong is reduced to 1. Section 2. Thirty-three and one. third per cent. a day additional to ordinary the legal number, allowing one year's sea-pay conditionally. seamen employed as fuemen or coal-heavers. 4. Section 5 re-organizes the Medical Corps, active enlisted men in the Navy. 2. Section 3 fixes salary of secretary of Naval Academy. 5. Section 6 re-organizes the Pay Corps, Mtive enlisted men in the Navy. 3. Section 4 repeals the act that authorizes the annual enlistment of ten enlisted 6. Section 7, re-organization of En"'ineer Corps. apprentices for appointme.n t as midshipmen tQ the Naval .Academy. 7. Sections 8, 9, 10, 11, 12 provide fOr the re-organization of the Navy, specially DEFICIENCIES. as to staff-corps, and adjustmg the differences between staft' and line. 1. Re-organization of the labor force having in charge and general care the build· Th"DI.A.l{ DILL. ings occupied by the Treasury Department. 1. Providing as to right of certain mixed-blood Osaues, 2. Provides that no payment shall be made for goads or supplies furnished In- dians, or transportation thereon, or fer buildings or mMhinery, beyond 50 percent. 1870. of the amount due, until the accounts will have been submitted to the executive LEGISLATIVE, EXECUTIVE, ~'D JUDICIAL. committee of the commissioners appointed by the President under provision of the fourth section of the act of .AprillO, 1869. 1. Important l~gislation prohibiting pardon or amnesty of any claimant in the 3. Section.3 prescribes the manner of making contracts with the Indians. Court of Claims from being admissible to establish his standing in court, and order- ing the dismissal of cases where judgment shall have been rendered in the Court of POST·OFFICE BILL. Cfuima on other proof of loyalty than therein required, and setting forth what is 1. Section 4 requires bidders on certain mail-routes to send certified check with conclusive evidence of former disloyalty. · bid. 2. Requiring the proprietors of all internal-revenue bonded warehouses to pay to 2. Section 5 suspends the building of the bridge over the Ohio River, from Cin· the collector salaries, &c., of storekeepers or other officers in charge, and directing cinnati to Newport, until certain requirements shall have been complied with. \he Commissioner and accounting otti.cers of the Treasu~ to take steps to carry SUNDRY CIVIL BILL. law into effect., and authorizing the President in his discret10n to divide States and Territories into convenient districts. 1. Section 7 directs the proceeds of fines, penalties, &c., heretofore incurred or 3. Section 2 makes female clerks eligible to any of the grad68 known to the law. that may hereafter be incurred under the act of July 27, 1868, and the act of July 4. Section 3 fixes annual compensation of messengers, assistant messengers, labor· 1, 1870, shall be ,disposed of under the act to re~ate the disposition of the pro- ers, and watchmen. ceeds of fines, penalties, and forfeitures incurroo under the laws relating to the 5. Section 4 repeals all acta or resolutions granting exba. compensation; repeals customs, &c., approvee piers, abutments, &c. 2. Chief Engineer of the Army to notify Washington and Georgetown P..ailway NAVY BILL • . Company to remove track from over Aqueduct bridge, !Wck Creek. 1. As to rank of engineer officers graduated at the Naval .Academy. 3. Forming commission to dispose of Philadelphia. navy-yard. 2. Section :!, :ta to prize cases. 4. Secretary of War detailing medical officer to report on the reported existence 3. Section 3, as to retired officers. • of cholera in Mexico. . INDIAN BILL. 5. Section 3, providing for the redistribution of the national-bank currency, a.s per act. of .Tnne 20, 1874. 1. Authorizing Secretary of Interior to sell trust bonds of the Pottawatomie In- 6. Section 4, authorizing President to appoint board to test iron and steel. dians. 7. Section 5, international exhibition. 2. P.rohibiting traders from selling arms in any district occupied by hostile In- 8. Section 6, modifying section 25 of the Revised Statutes, prescribing time of di~ . holding elections for members of Congress. 3. Section 2, authorizing Secretary of Interior to sell trust bonds of the Ottawa 9. Section 7, pay of discharged clerks one month. Indians. 10. Section 8, to protect officials in their official acts. . 4. Section 3, snspending authorit-y to sell bonds of Choctaw Indians. 11. Section !l, concerning the printing and distribution of the Revised Statutes. 5. Section 4, settin~ apart frem funds belonging to Cherokee Nation $100,000. 12. Section 10, fixing maximum compensations of surveyors of customs. 6. Section 5, respecting sale of lands belonging_ to Kickapoo Indian.s of Kansas. 13. Section 11, authorizing Secretary of Treasury and prescribing manner of ob- 7. Section 6, providing for Indian inspectors ana their duties, and abolishing cer- taining bonds for the sinking fund. tain superintendencies. 14. Section 12, making it tlie duty of the CommiBBioner of Patents to furnil!h free 8. Section 7, prescribing the manner of issue of supplies. of cost one copy of the bound volumes of specifications, &c., of patents to each· of POST-OFFICE BILL. the Executive Departments. DEFICIENCY. 1. Authorizing Postmaster-General to re-adj"~st compensation for transportation of mails. 1. Directing certain action of the board of audit of the District of Columbia. SUNDRY .CML BILL. 2. Authorizing Secretary of Interior to sell United States stocks held in trust for 1. Authorizing sale of marine hospital at New Ol'leans, Louil!iana. the K.ickapoo tribe of Indians. 2. Section 1 amends laws relating to customs, commerce, and navigation, to ex- 3. Section 3, authorizing Postmaster-General to perform certain duties. tend them over Alaska. 4. Sections 8, 9, 10, ll, U, 13, 14, 15, 16, on various subjects, three last being on 3, Authorizing Secretary of Interior to purchase squares 687 and 688 adjoining Indian matters. Capit{)l building and sell old material. ~ 3. Sections 5, 6, 7, 8, !.1, 10, providing for assistant treasurers at Chicago and Cin- Mr. FOSTER obtained the floor. cinnati, and other pertinent matter. Mr. WILLIS. I ask the gentleman to yield to me to submit a res- olution for reference. 1874. Mr. FOSTER. I yield to the gentleman. LEGISLATIVE, EXECUTIVE, .AND JUDICIAL BILL, 1. Repeals eo much of the act as makes the Public Printer's election by Senate. SCHOOL SYSTEM OF DISTRICT OF COLUMBIA.. 2. Discontinues publication of laws in newspapers. • Mr. WILLIS, by unanimous consent, submitted the following reso- 3. Section 2 enacts that officers of the United States courts shall reside perma- ln tion; which was referred to the Committee for the District of Colum- nently at the place of official duty. 4. Section 3, restricting civil officers in receipt of compensation. bia, and ordered to be printed in the RECORD : 5. Section 4 re-organizes national loan force and fixes pay. Whereas it is the duty of Congress to provide for such an organization of the 6. Section 5, proV18ion r·especting,une:xpended balances. public schools of the District of Columbia as shall more effectually promote the ARMY BILL. ' canse of popular education; whereas frequent changes in the rnles and manage- ment should be avoided; and whereas it is alleged that such purposes are not at ~. Section 2, respec&ing balances of appropriations. present subserved: Therefore, IKDIAN BILL. Resolved, That the Committee for the District of Columbia be instructed tore- 1. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, as t<> Indian management and disburse- :port at the opening of the next session of Congress a bill for the permanent organ- fJent of appropriations, making of contracts, &c. IZation of said schools, and to prevent unnecessary changes before that time that the c.ommissioners of the District be requested to take such measures as may be' POST-OFFICi: BILL. necessary to prevent any changes being made or carried into effect in the by-laws 1. Sections 4 to 13, both inclusive, reyjse postal laws. aud re!rliiatione of the schools, text-books, and teachers as the same were in force SUNDRY CIVIL BILL. or employed at the close of the schools in June last until a{}tion ehall ha.ve been taken by Congress on the report of said committee, except in case of resignations 1. Guarding -and directing $1,300,000 for the District, and directing the commis- of teachers or organization of new schools or when the commissioners shall be con- sioners to care fclr the workingmen by retaining from the several contractors the ~ced from personal knowledge that changes of teachers are imperatively re- sum due them. qurred. · I},. Enacting as to the appropriations for charitable purposes, manner of payment, Resolved further, That said committee inquire whether the present btJ~rd of tTUst- &c. ees is legally organized and constituted; also into the acts of said board; also into 3. Declaring northern part of Woodlawn cemetery, New York, a national ceme- the expenditures, both as to character and amount, made or incurred in carrying tery. the present school system into operation, and report there~pon. • 5612 CONGRESSIONAL RECORD-HOUSE. ....A.'UGUST 14, :U~CREASE OF CAVALRY FORCE. preciated the demand of the country for economy, and were therefore Mr. BANNING. I ask unanimous consent to make a report of a prepared to join bands with any party in Congress to provide proper bill from the Committee on Military Affairs, to whom was referred mea~ures of economy that would not cripple the Government or cause the message of the President in regard to recruiting additional men friction in the workings of the Government machinery. for the Indian service. While the people of the country have rightly demanded economy at The SPEAKER pro tempore. The Clerk will report the bill. the hands of their representatives, they do not ask nor will they long Mr. RANDALL. I reserve pointa of order until I hear the bill perm.it the real functic;ms of government to be impaired or weakened read. ~ither at home or abroad. The Clerk proceeded to read tbe bill, as follows: . Since the culmination of expenditures in 1866 a steady, prudent, A bill to increa,e the efficiency of the cavalry force in the suppression of the Sioux and entirely safe reduction in the expenses of the Government .year Indian hostilities. . by year ha-s been the policy of the republican party. The precedent Whereas war With the Sioux Indians now prevails; and whereas in the conduct thus set should have been maintained until the expenditures ha,000 it. We believed that reductions and postponements might safely be authorized by the act approved July 24, 1876, making appropriations for the sop- made aggre~ating a sum of from fifteen to twenty millions of dollars. port of the Army for the fiscal year ending June 30, 1877. We now believe, after having thoroughly examined the subject, that Mr. COX, (interrupting the reading of the bill.) I object to that. reductions and postponements of expenditures for the present fiscal Mr. RANJ?ALL. I call for the regular order. year could properly be made to the full extent of $20,000,000 without LEAVE OF ABSENCE. seriously impairing the administration of the Government. We have not been able to agree in many instances with the uills as reported, Mr. RUSK. I rise to a personal matter. I ask leave of absence for and have tried to inilicate our objections by amendments in the the remainder of the session, on account of sickness in my family-. House. There was no objection, and leave of absence was granted. Ji'or myself, I believe that the appropriations as proposed by the ANDREW EV.ARTS. House would have, in many cases, caused serious embarrassment to the Government and that the appropria.tion3 as finally agreed upon will Mr. RUSK. I have charge of a bill for the ptesent Speake!' ahd have to be supplemented by increased appropriations when we meet had promised to call it up. It is to pension a soldier in his district. next session. In fact I am corroborated in this statement by t.he chair- Before I leave I ask unanimous consent to take that bill from the man of the committee himself, who, in order to carry his point when Speaker's table and put it upon its passage. · all other arguments failed him, has repeatedly stated on this floor that Mr. COX. The gentleman from Wisconsin [Mr. RusK] has got if the amount of appropriations then pending was not sufficient we leave of absence during the rest of the session. would be here next session when a further appropriation might be The SPEAKER p1·o tempm·e, (Mr. EDEN in the chair.) While the made if it was found necessary. He has suggested to officers charged gentleman is present, he is entitled to make this request of the House. with the administration of the Government when refusing to appro- There being no objection, the bill (S. No. 897) granting a pension priate the sum they deemed absolutely necessary, that it would be to Andrew Evarts was taken from the Speaker's table and read a m-ade right next session. I make the prediction now that further ap- first and second time. The bill was read. It authorizes and directs the Secretary of the propriations aggregating millions of dollars will be made at the next session to defray the expenses of the Government for the present Interior to place upon the pension-rolls, subject to the provisions and fiscal year. limitations of the pension laws, the name of Andrew Evarts, private FINANCIAL CONDITION OF THE TREABtTRY. Company B, Fourth Ohio Volunteers, at the rate of $8 per month from and after the paa.'3age of this act. No great financial embarrassment of the Government was or is im- The bill was ordered to a third readin·g; and it was accordingly read pending to in any degree warrant the postponement and withholding the third time, and passed. of any needful or necessary appropriation. On the scale of expenditures of the past two years our revenues ENROLLED BILLS SIGNED. have been ample for the discharge of every liability of the Govern- Mr. POPPLETON, from the Committ-ee on Enmlled Bills, reported ment, including the sinking fund, as the following letter from Assist- that tbe committee had examined and found trulv enrolled bills and ant Secretary Conant fully discloses: a joint resolution of the following titles; when the Speaker pro ten~­ TREASURY DEPARTMENT, July ·2l, 1876. pore signed the same : MY DEAR Sm: In compliance with your verbal request I have the honor t~ in· An act (H. R. No. 516) for the relief of Floyd C. Babcock; form yon that- An act (H. R. No. 2017) for the relief of Lizzie Irons, sister of Lien- The amount required for the sinking fund for the fiscal year ending tenant Joseph F. Irons, late of the First United States Artillery; · June 30, 1875, wM ...... --· ... . ..... . ..... . .......... .. .. .. ... .. . . $31,096,545 00 During that year 6 per cent. 5.20 bonds were redeemed and paid for An act (H. R. No. 2571) making appropriations for the executive, from cash in the Trea.sury to the amount of .. .......... . ..... . . . 25,170,400 00 legislative, and judicial expenses of the Government for the year end- In addition to which, under the provisions of the specie-resumption ing June 30, 18i7, and for other purposes; and act of January, 1875, 6,228,420 in legal-tenders were retired, mak- ing a total redemption of the debt on sinking-fund account during Joint resolution (S. No. 24) providing for the postponement of the that year of ....................... . ........... ... . ---·.. . ... ... 31,398,820 00 publication of the Army Regulations. The estimated amount to be applied to the sinking fund for the fiscal year 1876 was .. : . ............. -.. - -- .... ... . . .. --... . ... - . 32, 293, 692 32 ORDER OF BUSINESS. On this account 6 per cent. 5.20 bonds wero redeemed and paid for in gold to the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 444, 050 00 The SPEAKER pro tempore, (Mr. SAYLER.) The gentleman from Fractional currency was redeemed and applied to the account, un. Ohio [Mr. FoSTER] is entitled to the floor. der the provisions ofla.w, to the extent of ...... . .. . . . . . . . . . . . . . . 7, 062, 142 09 :Mr. HUNTON. The gentleman from Ohio has agreed to yield to Legal-tender notes amounting to $5,999,296 were also retired dnr· me . ing the year. .Mr. FOSTER. I would be glad, if in my power, to yield to all the These several items aggregate the sum of...... . . . . . . . . . . . . . . . . . . • . 31, 505, 488 09 gentlemen who have requests to make. The SPEAKER pro ternpol'e. The gentleman from Ohio cannot par- theItredemption will be observed from tho above statements that, during the fiscal year Je75, on the inking-fun rincipal on the public debt for sinking-fond purposea, Mr. FOSTER. Some reply is needed to the ingenious misstatements then the sinking fund dunng tb.tl past two yell.rs would more than have been pro- vided for. made by the gentleman from Pennsylvania, the chairman of the Com- Very truly yours, mittee on Appropriations. CH.AS. F. CONANT. Mr. RANDALL. I will.be glad to hear the gentleman do so. Hon. CHARLES FOSTER, Mr. FOSTER. Like the gentleman from Pennsylvania, I desire to House of Representatives, Washington, D. 0. go on without interruption. Since the commencement of President Grant's administration more Mr. Speaker, my purpose in addressing the House at this time is to than $500,000,000 of the public debt has been paid, thua more than show what has been done by the House in the line of economy and doubling the requirements of the sinking fund. reform. So much has been falsely claimed by the democratic side as If a reduction of expenses to the amount of forty millions had ob- to render a fair statement necessary. tained as proposed by our democratic friends, the surplus of revenue The minority of the Committee on Appropriations, supported by the over expenditures would have been $73,000,000 for the current year. minority of t.he House, entered upon their duties with the full derer- \Ve have the authority of the present Secretary of the Treasury mination of aiding the majority in making every possible reduction that the revenues for the fiscal year ending June 30, 1877, may be and postponement in the expenditures. We fully realized and ap- safely estimated as follows : 1876. CONGRESSIONAL RECORD-HOUSE. 5613 r::e~~i ~~~-~~~~·:::::::::::::::::::::::::::::::::::::::::::::::::::: e~~ ::: ggg existillg law. They estimate that the river and harbor improvements will cost fourteen and a. half millions, and this, too, in obedience to Miscellaneous . • • . • . . • • . . . . • . • . • • • • . . . . . • . . • • . . . • . . . . . . . . . . • • • . . • • . • • 19, 000, 000 the mandates of law. They do not ask Congress to expend a dollar, Total........................................................... 291,000,000 but their duty has been performed when they tell us the cost. Ex- Expenditures for the year 1876...... ... ...•.. .•••.••. ...••.. .•. •.••.• 258,000,000 amine the river and harbor bill passed this session by this House and Surplus .....•......•.•...•...•.•..... :..... .....••..••.••••.• 33,000,000 you will find the engineer force of the War Department is directed to .A.dd proposed reduction by the democratic House.................... 40, 000, 000 make surveys of river:s and harbors and canals and to make estimates of the cost thereof, the cost of which I will venture to say will amount Surplus for year ending June 36, 1877, if reduction had been to more than $20,000,000, and the most of it I might add is for the made . • • . • . • • . • . • • • . • . . • • . . . . • . . • • . • • . . . •• • . • . • • . . . • . . . . . . . . . 73, 000, 000 South. Will gentlemen claim next session when the estimates for I ask our democratic friends what they proposed to do with this these works are before us that the War Department is extravagant large surplus! Was the purpose the creation of a fund to aid Gov- because tlley have simply performed their duty as expressly required ernor Tilden to resume specie payments at an earlier date than 1879? by this Congress T . I would like a reply to this question from my soft-inoney friend from Take up the estimates for public buildings. Is the Treasury De- Indiana, [Mr. HOLMAN.] partment extravagant when they send us estimatesof the cost of the Was the purpose to aid the schemes referred to by the gentleman buildings that Congress has ordered to be built f Is this same De- from Mississippi [Mr. SINGLETON] early in the session, such as the partment extravagant when they estimate what it will cost to build building of the Southern Pacific Railroad and the Mississippi levees light-houses in aid of corru'nerce as required by Congress T or was it to pay the many hundreds of millions of claims, bills for I have named subjects enough for the purpose of showing that our which have be~n introduced by gentlemen from the South, which democratic friends are greatly in error when they charge extrava- would have been pressed but for the pendency of a presidt\ntial elec- gance upon the Departments of the Government in making up these tion! estimates. The fact is, once for all, they simply obey the laws which If for none of these reasons, what was the purpose l they are sworn to execute when they give us in the detailed form of If you desired to relieve the people, why have yon not proposed a estimates the cost of ad.lllinistering the Government for anotheryear. reduction of taxation ! I will not conceal the fact that a small portion of these estimates are Reduction of appropriations without a corresponding reduction of matters of discretion, but I have yet to find any item of discretionary taxes will not be appreciated by the people. expenditure upon which any serious charge of extravagance has been THE CREDIT DUE TiiE CHAIRHAN. made or can be made. The chairman of the committee claims much credit for the industry Our friends on the other Ride indulge in generalities and with a he has shown in the preparation and passage of his bills. I concede great flonrish of trumpets claim that the proposed appropriations are to him great industry and faithfulness to the purpose he had in view. largely below the estimates. Is there anything startling or new in He has carried them through the Honse substantially as he has re- that! I venture to say that never in the history of the Government ported them. He has done this in spite of the known fact that but has Congress appropriated the full sum estimated for. Since my serv- few members of his own party agreed with him. He has encountered ice here I have never known an instance where the appropriations the opposition of more than one-half of his political associates from were not largely below the estimates. The fact is the estimates are time to time to very many portions of these bills. I award him full valuable as forming a. basis of action by Congre88. Knowing what credit for his successful leadership, and trust in the future when be the full cost is, Congress can then intelligently exercise its discretion seeks higher honors from his party he may be better rewarded than as to how much of the cost may be postponed. This is the light in iu the past. · which intelligent men view this subject of estimates. But, Mr. Speaker, how were the bills made up and why the untir- REDUCTIONS. ing industry of the chairman T Before the committee had fairly looked inside the Book of Estimates Gentlemen on the other side have bad much to say of the reductions it was announced to tlle country by the chairman of the Committee proposed by the Hohseappropriaticm bills. They claim to have made ou Appropriations that reductions would be made to the tune of reductions of $64,000,000 from the estimates, and from the appropria- $40,000,000. How did he know these reductions could be made T He tions of last year of $39,000,000. Now a very large proportion of did not know it then and he does not know it now. The energies of these sums are not reductions at al1, but are simply postponement of the gentleman were exerted in making good his announcement that expenditure that must be made hereafter. In an analysis of these the reductions would reach $40,000,000, and to this end his labors were bills I shall give the amount of actual reductions and the amount directed. To make his word good he worked early and late. He was postponed, so that it can be seen exactly how much credit is due the ever unmindful of what service was to be the sufferer, nor did he seem action of this House on the score of reduction and how much for post- ever to care whether it was the soldier on land, the ga,ilor at sea, or the ponement. DEMOCRATIC FIGURES. skilled and unskilled mechanics and laborers who were to suffer. The table of the gentlmn~~tn from Illinois [Mr. SPRINGER] shows DEl'RESSION OF BuSINESS. the rednctwn of the appropriation bills as passed by the House Times are hard, but I sometimes think much is added to the general over those of last year to be 39,175,000, (but correctly footed should feeling of depression in the country by the c0ntinnal croakings which be $38,6.'31,511,) and the reduction on the estimates for this year at many of us are too apt to make. It is said that no one act of ours $64,362,000, whi~h when correctly footed is $641618,727.30. I p.se this during the rebellion gave more hope to our friends at home and abroad table because it is generally accepted by the democratic party. I and one that caused more consternation to our enemies than the com- shall show that the reductions and postponements are largely over- pletion of the Dome on our beautiful Capitol building. So now, a stated in this table. First, the reduction in the pension bill is $466,550. little more courage of this sort would encourage people to throw off That bill was passed precisely as recommended by the Pension Office, the lethargy of .the times and to go forward with their accustomed and therefore no credit can be due to this House for this reduction. energy and enterprise. In times like these, when a whole people are It simply shows that we have reached the maximum of expenditures, suffering and depressed, a great government like ours should be as and that this year, and for the years to follow, we are on the descend- liberal in continuing necessary appropriationli as the condition of the ing scale in the amounts to be appropriated for the payment of pen- Treasury will permit. · sions. It is also claimed in this table that there is a reduction on the E81'DIA.TE8. deficiency bill of $4,032,212.44. We have heard a great deal, Mr. Speaker, of the extravagance of this It is well known to every gentleman here that this deficiency biU Administrationinthematteroftheestimates. Muchill-advisedtalkon is for items of expense for the year ending J nne 30, 1876, not provided this subject has been indulged in. This matter of estimates is greatly for by appropriations made by the last republican House. It is true misunderstood. Gentlemen have stated that the estimates are the that the deficiency bill for the last fiscal year was about $4,000,000 sums asked for by an extravagant administration for the working of less than for the year previous. If anybody is to have credit for it the Government machinery. The fact is, these estimates are made it is not the present democratic House of Representatives but the in obedience to and in conformity with law. republican Honse of last session. It does not enter into the expendi- Let me illustrate this matter. The estimates for the maintenance tures for the year ending June 30,1877. of the Navy are made by men belonging to no party. They are offi- Then let me call attention to the fact that in nearly aU the bills cers of the Navy. The Secretary came 9efore the committee and passed by the House there are many re-app:ropriations of indefinite said, "Gentlemen, this is your Navy, not mine." The officers in sums once specifically appropriated, but by careful management the charge estimate tliat it will take about twenty-one millions to prop- entire sum appropriated was not needed, and which by a wise provis- erly care for your Navy. This estimate is made for the legal pay of ion of republican law would be covered back into the Treasury if not the legal number of officers and men, the maintenance of all the navy- re-appropriated. Of this class of appropriations there appears in the yards of the country, to complete as far as we can in one yea,r t.he bills some four or five million dollars. I have not had time to ascer- iron-clads and other vessels of war authorized by Congress, and cer- tain the precise amount, but for the present purpose will call it tain repairs of ships, together with the necessary incidental and con- $4,000,000, believing that I underestimate it. For instance, take the tingE-nt expenses thereof. "Now," he says, "ort of the Army, are estimated for on the basis of support about $900,000, which will appear in the expenditures for 5614 CONGRESSIONAL RECORD- · HOUSE. AUGUST 14, t.he current year, when in fact only about $300,00t) appears in ~e Now, I do not propose to detract in any way from wlw.tever credit footings of the bill. It is needless to go over the other items of re- is doe to the gentleman from Pennsylvania [Mr. R~l>ALL] and tho appropriations. I ·might add, withont_intendingto be offe!lsive.at all House for makiugthese 1arge reuuctions and postpouement. My pur- to the chairman of the committee, nor mdeed to the committee Itself, pose is simply to analyze the appropriations to state jnst wh1tt has that this is a dodge, pretty sharp practice, and to the man less char- been done, how much is due to reductions and how much of it is due itable than myself it would appear and .by him be characterized as to postponements, and how much of either was unwise or improper a cheat, a delusion, and a democratic trick thus to attempt to cheat or both, and how far the Senate has been willing to meet the Honse. the country as to the amount appropriated for the support of the Gov- MILITARY ACADEMY BILL. ernment. Take the management of the post-office appropriation bill as a~­ The reduction proposed by the House in the Military Academy bill other illustration of sharp democratic practice, an attempt to obtam was 133,499. This was made first by reducing the salary of each of e'redit where there is none. By examination you will find that in the cadets $50 per annum and the salaries of the professors was re- order to make the deficiency in the post-office appropriation bill ap- duced perhaps $10,000 in the aggregate. The balance of the reduc- pear less than the estimates of the Department, the committee esti- tion is mainly made by postponing the appropriation for tho comple- mated the receipts of the Post-Office Department for the current year tion of important buildings at the academy, the most important and at $600 000 more than the estimates of the Post-Office Department expensive of which is the hospital for the care and meilical treatment itself I 'We should then take this $600,000 from the total sum of pro- of the cadets, which by law and former appropriations in accordance posed reductions an_d postponements claimed by oru: democrati~ friends. therewith has been commenced and its early completion is regarded It will also be noticed that the sum of $250,000 1s appropnated for by all of the officers in charge aa of vital importance, and f;hat it is postal mail-steamship service, whereas in the last post-office appro- now an'd has been for years past demanded in the interest of human- priation bill it was $5~,000. This difference of ~0,000 ~s simply the ity. To swell tlie list of reductions the progress of this es~ntially difference in the reqwrements of law. Last year 1t reqrured $500,000, important work is stopped and the cadets are denied the privilege of this year only 250,000 is required. No credit, therefore, is due to the hospital accommodations, thus. leaving to a future Congress to pro- action of the Honse for this reduction. . vide a sum sufficient to complete it, as well as the other necessary To gain credit for economy the House refused to appropriate a sin- buildings at the a-cademy. PENSION BILL. gle dollar for the payment o! t~e judgments ?f t~e Court of Claims- a direct and square repudiatiOn of the obl1gatwns of the Govern- I have already referred to the reduction of $466,500 on account of ment as adjudicated by the Supreme Court of the United States for pensions, stating that the amount appropriated was the exact sum the mere partisan purpose (as it must appear to every one) of "re- recommended by the Commissioner of Pensions, and that the reduc- ducing expenses." These ,judgments must be paid. The Supreme tion was due to the fact that we are now on the descending scale on Court of the United States have ~o adjuuged, and there is no escape; account of pensions. and yet a clemocratic House, so far as it lies in its power, have repuui- CONSULAR AND DIPLOllATIC BILL. ated these judgments thus adjudicated, and leave for a fotm·e repub- The reductions a.nd postponements in the consular and diplomatic lican Congress to redeem the faith of the United States thus violated. bill foot up $42H,437 .50. This is accomplished by reductions, first, of The sum estimated for by the Court of Claims to pay these judgments the salaries of all the officers of the diplomatic service; and, second, by for this year is 2,000,000. Not a dollar has been appropriated. the discontiooa.nce ·of fortr-foor consulates and the reduction of the Mr. SPRINGER. Then their payment will be postponed all the salaries of the remaining consuls. As to the wisdom of this wholosale time. reduction. and withdrawal of our representatives from foreign c mn- Mr. FOSTER. I watched the gentleman from Pennsylvania [Mr. tries the future will surely give a. negative answer. We levy a tar ou RANDAI.L] carefully, but not an allusion was made in his speech to the commerce of the country for the maintenance of our consular sys- the payment of these claims. tem, and upon last year's basis, this tax more than pa.icl all the ex- Mr. RANDALL. WheH. the bill comes up fr~m the Senate I will penses of every kind for its support. The arguments made against these dii!cuss it at that t.ime. reductions by the two gentlemen from New York [Mr. WooD and Mr. Mr. FOSTER. Well, it is time it was discussed before the House. HEWITT] were not answered at the time they were delivered, nor have I would like to hear some defense of the action of the committee on they been answered since. I agree with them tbat the present is a the suuject. very inopportune time to abolish any of these commercial agencies by Then a~.in in order t.o reclnce the apparent amount of appropria- which our commerce may lote protected and extended. tions they make provis~on in the legislative bill for the support of One of the results of the depressed condition of the industries of the mints and assay offices out of the receipts of these offices instead the country is that the cost of manufactured art.icles in this country of requiring the revenues from this sour~, as heretofore, first to Le bas been very largely reduced, thus enabling our people to export paid into the Treasury and then appropnate such amounts as may many of our own manufa.ctured products, which heretofore we have from time to time be necessary for their support. The sum total for been unable to do. And now, simply to make political capital, a this purposo.will not be les8'than a half million of dollars. This sum d'3mocratic majority of the House undertakes to economize by with- does not appear in the footings of the bill, but will appear in the list drawing consuls (who are simply acting as aius to our commerce) from of expenditures when the account for the year is made up. It will forty-four important foreign stations and reducing the efficiency of he found that the items to which I have called attention should be those on duty by a decrease of their salaries, and this, too, at the deducted from the table of reductions as presented by our democratic very time when of all others iu the history of our co uri try this branch friends. Now, in addition t.o the appropriations which appear in the of our foreign service should have been strengthened and increased. table must be added 1,500,000 for centennial purposes; $200,000 for This is a. mockery of economy; besides, in taking the money exacted the erection of forts on the Yellowstone and Missouri Rivers; $200,000 fl'om the commercial interests of our people and placing it in the Trea- toward the·completion of the Washington Monument; $~27,000 for sury to l>e used for other purposes, no matter how worthy, is wholly post-office at New York, and$200,000 for repaving Pennsylvania ave- wronO', The implied pledge that the funds secured by this tax should nue. I do not pretend to enumerate the sum-total of appropriations go on~y for the support of the consular system has been violated, and made by this House, but simply present the larger items. The sum· every interest connected with the extension of our commerce an~ the total of the items ·to which I have referred which should be deducted increase of our exports, now so much needed, must coiTespondmgly from the statement of reductions made by the gentleman from Illi- suffer. If not a fraud upon our commercial interests, it is a betrayal nois [Mr. SPRINGER]is about $14,177,000, thus reducing the total sum of trust, and is wholly inexcusable. of reductions and postponements to about 24,500,000. The follow- ing table will exhibit the exact facts in relation to this matter. It FORTIFICATION BILL. will be seen that the boast of reducing appropriations by the sum of The reductions, compared with last year, are $535~000, and as com- $40,000,000 is made up of .an actual retluction and postponement of pared with the estimates, are $3,091,000. To thiS red notion the minor- $24,500,000 and the balance is wind : ity of the committee agreed. The bill was reported to the House by Mr. WHEELER, and the House was unanimous in passing it. But for Table showing what itent3 shoiLld ~e dedLtefed from the sum of t·edu.ctions all this it cannot be called a reduction. It is simply a postpone- claimed in the .Sp1·inger table. ment. The estimates made by the War Department show that nearly Am'o unt of reduction a.s claimed by Mr. SPRINGER ................. ~. 175,451 10 3,500,000 is needed to be expended on the forts of the country to Deduct error in additi\ln .................. -.......... .. .. .. . • • . . . .. 543, 940 00 make them what they ought to be. No one on the committee or in Total corrected amount ....................... . .............. 38,631,51110 tho House objected to the poatponement; but no one can fail to see From which deduct- that it is work which sooner later must be completed; and therefore Reduction claimed on pension bill......... . . -........ $466, 500 00 it is only a postponement which must some time in the future be pro~ Items in post-office ·bill for which no credi~ far reduc- vicled for. tion should be made ...•.......... -....... . . . . . • . . • • 850, 000 00 LEGISLATIVE, EXECUTIVE, AND JUDICIAL BILL. Deficiency bill, (belongs to last year) ............. -.-.- 4, 032, 212 44 no-appropriations . . ... ........ ........ . - ............ -. 4, 000, 000 00 The reuuctioni and postponements in this bill compare~ with the Inuefinito appropriations for assay ofiicel ..•...•.... ,. 500, 000 00 appropriations of last year are$5,724,417.30, and from the est1mate~ are Judgments of Court of Vlaims ............... ,., ...... 2, 000,000 00 $1,826,499.39. Twomillionsofdolla.rsoftheseseveralamonntsarewJped CentcnJ?i:U appropriation . ............................ 1,500, 000 00 Post-ofiicfl, New York . ··-·-·.......................... 227,000 00 out by the fai.Jure to appropriate. the necessa~y _Payments 0~1 acco~nt Forts in N{)rthwe!!t . ......... -........ . .. .. .. .. .. . .. . . 200, 000 00 of judgments of the Court of Claims, a half mlllion more by mdc~fl:lte R~paving Pennsylvania avenue. . . . . . • . • . . . . . . . • . . . . • . appropriations for the mints and assay o...ffices; anoth~r half mi~on 200, 000 00 Washin:ton Monume~t- ............ ...... ...... ...... 20o;ooo 00 byre-appropriations; and the balance, $2,,24,000, can fauly ~e ascnb~d 14, 175,712 41 to :reductions. Of this sum, $300,000 apply to the reduct10ns of the Net reductions and postponements........................... 24, 166,8!19 56 pay and salariee of members and officers of the House and Senate, 1876. CONGRESSIONAL .RECORD-HOUSE. 5615 $250,000 more to the salaries of the clerks in the various Departments DEFICIENCY BILL. in Washington, and probably another hundred thousand to reduc- The appropriations for deficiencies for the year last past made tions of salaries in different parts of the country. The balance is due by this Honse are something more than $4,000,000 less than the .appro- to the reductiop of the number of the employes. Having given the priations made last session for the then current year. As before stated, subject careful attention from the beginning of the session, I have boon these appropriations apply to the year that is past and in no way willing to make the reduction in numbers about 20 per cent., and I enter into the expenditures of the current year; and if any credit is believe that can be done with safety. The reduction proposed ie .due for this reduction it is to the Appropriation Committee of last something more than 25 per cent. I have been satisfied from the year and to the Administration for adhering so closely to the amounts start that if the House bill had been adoptecl the loss in the Internal appropriated. · Revenue Department would· have been ten times the amount which INDIAN BILL. is claimed would have been saved by reduction of force. That this The reductions by the Honse bill this year over last is $1,380,952.44; would have also been the case in other Departments-in the Pension over estimates, $1,80~,393.53. These reductions were proposed to Office and of all the offices dir~ctly relating the~to, such as the Sec- be accomplished by the transfer of the Indian Bureau to the War ond Auditor's, Adjutant-General's, and Surgeon· General's Offices, the Department, no provision being made for the current and con- reductions as proposed by the Honse would have caused serious delay tingent· expenses of the offices, amounting to three-fourths of a. in the adjustment of all .matters relating to pensions. This point is million of dollars. The bill assumed that the War Department could .now conceded by gentlemen in charge of the bill. take care of the Indian service, if it wa.s transferred to it, without The gentleman from Pennsylvania. stated in his speech to-day, if I any additional expenses. The difference is further accounted for by understood him correctly, that all of the Bureau officers of the Gov- failing to appropriat~ for plain treaty provisions. ernment refused to agree to the reduction in force; am I right f In the judgment of many of the best men of both Houses, among Mr. RANDALL. They all resisted it that I came in contact with; them the gentleman from New York, [Mr. Cox,] there waa no de- I thil)k every one. crease of expenditures in this transfer, and the Speaker of the House, · .Mr. FOSTER. I call the gentleman's attention to Mr. New, of the when ruling on this point, thought the bill did not on its face estab- Treasurer's Office. lish any such claim. . Mr. RANDALL. He did recommend some reductions, but not to I cannot give credit for any reduction whatever in the amount ap- the extent which we desired at all. propriated for the Indian Bureau. They are ·simply postponements, Mr. FOSTER. I call the gentleman's attention to the statements and such ones, too, as would have resulted in Indian wars, and thus add he bas made heretofore upon this fioorthatthese Bureau officers gen- largely to the maintenance of the Army. erally acceded to these reductions, but none of them acceded to the ARMY BILL. reductions to the extent made by the committee. I want to do the Bureau officers justice. While th~y have not agreed to the reduc- This hili proposes a reduction of $4,778,752.88 as compared with the tions proposed by the committee to that extent, they have in all cases appropriations of last year and the sumo~ $10,193,631.38 as compared agreed to a reduction and they have manifested a most commendable with the estimates for the current year. A million and a quarter is spirit, and I want to call the attention of the gentleman from Penn- due to re-appropriations of balances in the Treasury unexpended but sylvania [Mr. RANDALL] and the attention of the House to the fact re-appropriated by us this year, making the real reduction less by this that the greatest opposition that the Committee on Appropriations amount. A million and a half is due to postponements of purchases encountered wa.S from the officers of this Honse, who organized a of clothing, ordnance stores, and to the manufacture of arms. It has mutiny against it and one night came very near upsetting it. been·the custom in the Army heretofore to keep one year's supply of The gentleman from Pennsylvania says that the retention of the clothing in advance. Secretary TMt, after advising with the officers salaries of members was forced upon the Honse. It was the most of the Army, thought this was unnecessary, and having on hand a beautiful forcing I ever witnessed. The gentleman from Pennsyl- year's supply, he suggested that no money be appropria.ted this year vania sat in his seat; I do not know where the gentleman from In- for this purpose, and that hereafter the purchases be made for the cur- diana [Mr. HOLMAN] wa.s. The chairman of the Committee of Ways rent year. and Means made his speech, in which he said he was satis£ed that the The balance of the reduction is due to the postponement of the Senate would resist these reductions. We tried to get the yeas and building of arsenals, barracks, &c:, all of which are deemed neces- nays, but could not get them. sary by the War Department, and to a reduction in the numerical Mr. SPRINGER. Were you standing up calling for them f force of the Army. Recent events have shown the folly of the at- Mr. FOSTER. We tried then to get tellers, but could not get them; tempt of the House to reduce the Army; $2,500,000 are doe to this and I do not know of anybody who was more satisfied with this alone. There may be the sum of half a million due to the reduction forced work than my friend from illinois, [Mr. SPRINGER.] of the pay of the Army officers; I have not gone closely' into it, but Mr. SPRINGER. The gentleman knows that I stood up both for it is probably al!out that amount. tellers and the yeas and nays. Silli"DRY CIVIL. Mr. FOSTER. I do not want to be interrupted. The estimates for this year were ..•••••••••.••••••••••••••••••••••• $32, 560, 475 29 Mr. HOLMAN. I hope the gentleman will allow me to say I was Appropriations for last year . . . . . . . . . • • • . . • . • • • • • • •• . • • • . •• • • • • . . • . 26, 644, 350 00 ill and absent from the House at the time. Ron$ bill appropriations for~ year • ••• . • . • • •• • • . . • • • • • • . . • . • • • . 14, 857, 326 54 Mr. FOSTER. The gentleman was not here and he did not witness that beautiful scene, nor did the distinguished gentleman from New Less than appropriated last year...... . • • • • • • • • . . • • • • • • •• • • • • 11, 787, 023 46 York, [Mr. Cox.] But he would have enjoyed it. The forcing proc- Less than estimates .•.•••••••••.•.•••.• : ..................... 17,703, 148 75 ess gave great satisfaction to the magnates of the democratic party who were present, and they all accepted the fo11cing with great pleas- The item for public printing and binding for this year is $1,1::W,OOO ure. I never saw anything accepted with so much pleasure 8B this in Honse bill, was recommended by the Committee on Public Printing. forcing of the House by the Senate. The amount appropriated last year was a little over $500,000 more [Mr. Cox here approached Mr. FoSTER and addressed a private re- than this sum. The CommitteeonAppropriationsdoesnot know, nor mark to him.] does any member of this Honse know, save two of the democratic Mr. FOSTER. In justice to the gentleman from New York I take members of the Printing Committee, whether this sum is sufficient or back the statement about him. He says he was not absent when the not. It is quite probable that this estimate was made by the proprie- forcing passed the Honse. tor of the old Globe office, who is desirous of recovering the printing lost to him by the action of a former Congress. The Honse will be RIVER AND HARBOR DILL. called upon next session for more than a half million dollars to en- This shows a reduction of $770,667.50 over the appropriations of able this Bqreau to perform the work ordered by Congress, which last year, and of $8,4.28,250 below the estimates. As our democratic was never so large. It must be borne in mind also that the cost of friends are claiming so much for a reduction of sixty-four millions printing the voluminous testimony taken by the numerous commit- below the estimates, I beg to inquire of them, and I will wait for an tees of the House will probably add not less than $100,000 to the cost answer: Is it their purpose if they retain possession of the House to of the public printing. complete the works referred to in the estimates for the rivers and har~ ENGRAVING AND PRINTING. bors of the country f Amount estimated, $1,944,875, and the amount appropriated la.st Mr. HOLMAN. For one I say it without hesitation. year lt628.000, to which we had to add this session a deficiency of Mr. FOSTER. Do you speak for the democracy f $163,000. Mr.JIOLMAN. I speak for myself, so far as these appropriations Now it is evident that a large reduction can be made here because apply to works of national importance. I am in favor of appropri- of the substitution of silver coin for fractional currency, thereby ob- ating .for them from year to year until the works are completed, but viating the necessity of printing the fractional notes; although the as to the works of purely local concern and private enterprise, which sum appropriated is not the sum supposed to be necessary by the offi- involves $2,000,000 in this bill-- cers in charge, yet it is probably approximately so. This reduction, Mr. FOSTER. Cannot you answer yes or no f whatever it may be, is due to the action of Congress in substituting Mr. HOLMAN. No, sir; but I am opposed to these appropriations silver for fractional curreqpy, and not to any economy of the majority for local objects. . of this House. Mr. FOSTER. Do they regard this as a. reduction, postponement, PUBUC BUILDINGS. or au absolute abandonment¥ In my jougment a subsequent Con- Appropriated for this year, $2,371,500, The estimate for this P.nr- gress will make the appropriations, and in no sense can it be called a pose, including the new State Department, ia about $6,700,000. This reduction. is for buildings already commenced. 5616 CONGRESSIONAL RECORD-HOUSE. AUGUST 14, It must be remembered that in every locality where public build- NAVY APPROPRIATIOY BILL. ings are being erected the Government is paying rent to the full ex- The reduction from the estimates of last year is $8,438,811, and tent of 6 per cent. on the cost of the completed building. The post- the reduction as compared with the appropriations of last year is ponement of their completion entails a loss of a sum equal to ti per $4,578,451.50. To make this reduction the llouse baa cut down the cent. of the sum already invested; a sum aggregating in dollars and appropriation for pay of the officers and men of the Navy to the ex- cents more than 500,000 is lost to the people besiues the delay a_r:~d an- tent of $1,850,000 below the estimates and 500,000 from t-he appro- noyance to the public business because of the present·occupation of priations of last year. To enable the Secretary of the Navy to bring inconvenient buildings and the endangering of the safety d valuable the expenses for the pay of the officers of the Navy within the appro- public records. For instance, the present buildings occupied by the priation he will necessarily be compelled to furlough a l:Jrge number War and Navy Departments are very insecure. We have expended of his officers, thereby decreasing the efficiency of the Navy and en- 2,000,000 in partially building a new structure for their accommo- tailing upon these officers a vast amount of· inconvenience if not au- dation. One million three hundred thousand more will complete it. solute want and suffering. The other reductions are made simply by Us occupancy would place the valuable and precious records of these postponementa of ork on iron-clad_s and other vessels of war in two Departments in complete safety at once. course of construction, as witness the orders o.f the Secretary just There never was a time since the war when these works could be issued· to the several contractors who have had the work to do, and built so cheaply. 'Ve have the money in the Treasury to do it. The to the necessity of stopping the work on other vessels for the want laboring interests of the country are in need of the labor. of money to repair theml while other vessels are being put out of There is no reason except one of a. supposed party character onder commission. The minority agreed with the committee in some of the guise of the cry of economy why these buildings should not be these postponements, believing that there wn.s no immediate urgency pushed vigorously; any private individual similarly situated would for a portion of the work estimated for~by the Navy Department; be called a fool if he acted as our democratic friends have in this mat- but we thought then and think now that it was not economy to ter. make these wholesale postponements, thereby stopping most of tpe The postponements on account of public buildings are $4,400,000, work at the different navy-yards and throwinrr some of the best the appropriation for whic.h Congress cannot esca.pe; armories and skilled mechanics in th& world, a.s well as the unskilled laborers now arsenals, estimated to cost $917,000, appropriated $289,000, balance so much in need of something to do, out of employment. All these $628,000, only postponed; Light-!Jon!ie Board, estimates $789,000, ap- postponements must at some future day be provided for if we intend propria ted $273,000, postponed $516,000; which must be provided for to maintain a navy of only moderate proportions. in the future. EXPENSES OF UNITED STATES COURTS. · ·t 1 0 f $:3 000 OOO t·1 t d Tb'1 1 t- · d $2 500 OOO 1118 The followmg tables show the reductwns and postponements m a I . RECAPITULATI~N. • Appropnate ' ' ' ea( ' ' es ~a e : s as condensed form accordinrr to the details I have given: named amount was appropnn.ted last year. A defimency 1s asked for o ·bv the Attorney-General, with a sta~ment that this sum is utterly in- · .Statement showing amount of reductions a11d postponements itt House billiJ adequate to the necessities of the service. A deficiency in this item as cornpat:ed 'with the es(i'mates for the fiscal yea1· ending June 30, 1877. of at least $500,000 is among the strong probabilities. The Government. h~s invested in navy-yards property fr?m ~y Name of bill. Reduction. Postpone- to one hundred mllhou dollru·s. Not a dollar was appropnated m ment. House bill for their ca1·e and protection. POST-QFFICE APPROPRIATION Bn.L. Re4luction by Hoose bill below "the estimates $4,200,696.99; below ~~:io?. -~-c-~~~~: ::::::::::::::::::::::::::::: ~:: : .... !~~·-~~- ~ ~ ... !~~~~~~- ~ ConRnlar and diplomatic............................. 339,737 50 100,000 00 appropriations of last year $3,785,252. Forti Aoation . . . . . . . . . . . . . . . . • . . . . . • . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . 3, 09 L, 000 00 The estimated receipts by House bill over the estimates made by Legisla.tive, executive, and judicial.................. 2, 7i!4, 000 00 5, 1:.2, 499 39 the Postmastm·-General is $600,000 and the reduced requirement of River and harbor.................................... .... .. . . ... . . . 8, 428,250 00 Post-office ......... ................................. . 4, 200, 696 99 ............ . $250,000 for the Pacific Mail steamship service makes $850,000 which Navy . ............................................... 1, 500,000 00 6, 938,811 00 must be deducted from $4,200,696.99, the House reduction, which Indian ............................................... .... .......... 1,808,393 53 leaves $3,350,696.99 as the -r:eal reduction. Of thi:s sum 500,000 is credited to the reduction of the salaries of postmast-flrs, recommended ~~~--ci~::::::::::~:::::::::::::::::::::::::::::: 1.~:ggg g~ 1~:~~g:~~5 ~ Uy the Postmaster-General. Five hnnm- soldiers discharged by the democratic House since its organization last December. mittee has not reported any condemnation of such action. His fault consist.ed A number of these soldiers were disabled in the service. chiefly in trying to secure 388istance in this affair from the republican side of the There were appointed in their places1 as far as can be ascertained, in the Door- House. While Adams himself escapes any condemnation, the appointees under k eeper's department, 19 confederates; m the Clerk's office, 10; in the post-office, him have been less fortunate. 14; Capitol police, 1; and 3 committee clerks; making 47 confederate soldiers ap· The veteran journal clerk, J obn M. Barclay, wbo had held the posit,ion for thirty pointed. Tlie names of many of the employes of the present House, such as extra years, and was still a most valuable officer, was forced to resign, and his assistant, messengers, folders, and extra committee clerks, cannot be ascertaine.d, for t.h e J. W.Clavton, was dismissed. One C. H. Smith, of New Hampshire, was appointed reason that they are paid upon vouchers instead of a. rerrular rolL A great num- to succeOO. Barclay, and proved to be not only incapable, but dishonest. He was ber of these extra employes are ex-confederates, and if the facts could be ascer· caught using his position to secure business as a clarm agent in anticipation of the tained in all the cases, the numbel." of ex-confederate soldiers appointed would be p3883ge of tlie bill equalizin~ soldiers' bounties, and he was no doubt counting upon found to exceed the number of Union soldiers discharged. aiding the passage of the bill by using the influence of his office. He was investi- Tho post-office rolls show the most wanton disregard by the confederate House gated, threatened with dismissal, and resigned in disgrace. . of the obligations of the Government to its disabled soldiers, where nearly every The successor of Clinton Lloyd as. Chief Clerk in the office of the Clerk of the man discharged served in the l:Jnion Army, and with two ex.ceptions every man House is Green Adams, the uncle of the Clerk Adams: a case of nepotism re- appointed was a confederate. versed. Green Adams was formerly Auditor of t.he Treasury for the Post-Office The Postmaster, Henry M. Sherwood, was an officer of Company C, Fourth Mich- Department. While in that position the chief r.lerk, Sharretts,.aold waste paper igan Cavalry. He served with distinction in the Southweat, and lost a leg at the to the value of f5,392.76, and paid t<> Green Adams out of the amount $2,517.52. battle of Kenesaw Mountain. He was succeeded by Colonel Joseph M. Stewart. a Neither Sharretts nor Adams ever accounted for the money till both were out of confederate officer in Ashby's command of confederate cavalry. office. When the facta were partially discovered through the man who bou~ht the Joseph F. Wilson, the aBBistant postmaster, served with distinction in the war, paper, Sharretta refunded $2,345.24, and turned over Green Adams's receipts for the and was shot through the face at the battle of Fort Donelson and terribly disfigured. remainder to the amount stated above. Adams makes a long statement, which is He still suffers several~ from his wounds. He was the first one discharged to make in effect that he was informed by Sharretts that this money had been kept by the room for E. Snowden, Jr.J an ex-confederate, who was not, however, in the army. auditors because there was no fund into which it could be received in the Treas- He took the modified oatn in qualifyin~ for the oflice. ury Department, and Sharretts said, "If you pay it to any person, pay it to your F. A. Wardell was a member of the 8ixth Massachusetts Regiment, sArved wif.h successor in office." But Sharretts had never heard of this money being paid ov(lr distinction during the entire war, and was very severly wounded at Winchester. except by one auditor. Adams had intended to pay the money over to his succes- Hewaa dischar~ed early in the s688ion by Colonel Stewart to make room for :m ex- sor, but went home before his successor was appointed. These facts appear in the confederate soldier. public records, and show that the present Chief Clerk is either not a. very honest R. P. Bishop, in the postroffice department, belonged to a Michi~an infantry man or not a very competent officer. Adams is also an ex-member of the House. regiment, served during the war, losing an arm in the service. He, too, gave place The engi,neer, Ellison, is under investigation on variona char_ges, and no report to a confederate soldier early in the present session. has been made. It would req.uire more apace to set forth the nature of the charges R. S. McMichael was a soldier in a Wisconsin regiment, and is almost entirely affecting his character than Is warranted by the import.a.nce of his position. The blind from wounds received in the service. An ex-confederate soldier succeeded greatest trouble with him is his incompetence. Mr. HEWITr, who originally rec- Mr. McMichaeL ommended Ellison, withdrew his recommendation on discovering by inquiries of The Doorkeeper's department was notoriously the worst demoralized, however~ his own that Ellison did not know there was an~ difference between a high-pressure by the changes made of any. Mr. 0. S. Buxto11., a gentleman of intelligence ana and a low-pressure engine, and could not e~lam what he would do if he found the character, and a most efficien officer, was succeed-ed by L. H. Fitzhugh, an ex- water in the boiler had become too low. Ellison was afterward pot through a com- confederate and the sergeantrat.arms of the confederate congr688. This man Fitz. petitive examination, and came out at the head and was appointed. It is commonly hugh haa become famous by reason of letters in whlch he describes himself as "a supposed that he was "crammed " for the or,casion, and knew what questions to ex- biyer man than old Grant.. " The same lett~r graphically describes the importuni· pect. That he was incompetent was shown by the condition of the air in the ties of members of the reform Congress for offices for their friends, and tells how House, which never was so bad before, though the machinery remains unchanged. the writer is feted by wives of distinguished members because of the offices he The result of the investigation is unknown. has at his disposal. Fitzhugh was appointed because he ie supposed to have some J. J. Piatt, the Libranan of the Honse, a writer and scholar of some celebrity, of the blood of Patrick Henry coursing in his veins. The degenerate descendant was succeeded b~ John D. Young, a democratic ex-member of Congress. of a famous Virginian was ignominiouSly turned out of office, his truthful letter John B. Clark, Jr., a. Union soldier, superintendent of the document-room was suc- being made a pretext to cover the real reason, ~hich was a failure to distribute his ceeded byMorganRawles,anex-confederateand democraticex-memberof Congress. patronage so as to satisfy influential and exacting members. The committees have a. larger army of clerks than ever were· employed before. Under the Doorkeeper were a large number of Union soldiers, fourteen of whom They are supposed to be made necessary b:y the numerous investigations. Many were more or leas disabled in the Union service from a mere gunshot wound in clerks to committees are not re1$ularly appomted, but are simply employed and paid some ca.~es to the loss of an arm or leg, and even both arms. All-of these soldiers on vouchers, so their real positions will not appear in the records. The disgrace of were marked for discharge, and nearly all of them had been given notice to quit. two of the most important of the regular committee clerks is notorious. In a great majority of instances their places were filled by ex-confederates. There· MoRRISON appointed as clerk of the Committee of Ways and Means J.P. Ham- was~ however, so much disturbance raised by the Northern democrata about the bleton. This man was a cotton-claim ~ent and lobbyist, and, besides, was an un- discuarge of these crippled soldiers, that nine of them were re-instated in their usually bitter ;md vituperative rebel. He named a son John Wilkes Booth, for the places, one of whom has since been dischar()'ed, and the remainder probably will be assassm of Abraham Lincoln. This charge having been made, he denied it intem- discharged as soon as Congress shall have ac'ijourned. Some of the most notable of perately. The charge having been proved, MORRISON was unable to stand the the changes made are worth more consideration than will be allotted to them in pressure, and Hambleton resigned. this briefsketch. Boughton, clerk of the Committee on Military Affairs, was char,l!'ed with entering MaJor M. J. Bunnell entered the service in 1861 in the ThirteenthRe~ent New into collusion, while a. revenue officer, with fraudulent whisky distillers. and sharin~ York Volunteers. He participated in many of the important battles of the war. · the profits of the frauds. The investigation was made by his own committee, whi en In Oct<>ber, 1861, he was commissioned second lieutenant, and in January, 1862, was as lenient as l>ossible. The e3: pam case was clear against him, but division first lieutenant. He was engaged in all the battles from the siege of Yorktown to arose in the comm1ttee about the extent of the examination, and be was finally per- the second battle of Bull Run, in August, 1862, where he was severely wounded, mitted to resign, instead of being dismissed. His offense was outlawed under the having been shot through both lungs and the left thigh. He was left on the field statute of limitations. for dead, remaining in the hands of· the enemy. While he was still ill he was com- Several committee-clerks were discharged employ6a of the Departments. Such missioned a captain, remaining as such till the expiration of his regiment's term men seemed to be preferred for committee-clerks, and in one or two notable instances of service, when he was mustered out. He then ento-red the Veteran Reserve they used the committees a.sinstrnmentsfor revenge, not, however, very successfully. Corps, and did duty as provost-marshal till the close of the war. He was brevetted majorfor meritorious conduct on the field. The only reform in the democratic party that I know of is the 'l.'hls brave soldier and meritorious officer was succeeded by F. M. Schell, of In· reform of the chairman of the Committee on Appropriations. He diana. Schell is a big, pompons fellow, whose business it was to clear the floor of all person~:~ e::x:cept members previous to the calling of the House to order each day. has reformed, from being the leader of his side of the House iii all This duty he discharged in such an imposing and tremendous fashion as at first to forms of governmental extravagance, who has time and again on make him a butt for ridicule. He became disafeeable by his officiousness, and this floor advocated high salaries, even up to and including the closing grave char~ were also preferroo, whi&l cause his dismissal. He is still to be hours of the Forty-third Congress ; who once went so far as to say seen about the floor of the House, and it is said he has been "taken care of, "which probably means that he is :paid upon a voucher instead of appearing on the rolls. that a man who could not earn 7,500 as a member of Congress was The story of the charges against him is too indecent to print. He is, in short, known not fit to be one. He has now reformed and has even become a re- as the purveyor to members of the House of a nameless commodity, for the fur- former, and the democratic side of the House has reformed with him. nisbin~ of which he assisted at the beginning of the s688ion in setting up an estab- How long this will last is quite doubtful. Like all old and hardened lishment. William M. Gibson was a private in Company C, Thirty-sixth Dlinois Regiment. sinners, he and they are more than ordinarily zealous in their profes- He enlisted on the 1st of June, 1861, and pa"Iticipated in all battles through the sions of reform. It is to be hoped that unlike this class of zealous re- Southwest. At the battle of Pea. Ridge, Arkansas, he lost his right arm. formers generally they will not fall by the way-side after the election. Hudson Deeker was a member of the First New York Cavalry, and served from My purpose in briefly alluding to this matter of reform is to insti- 1861 to 1865, throu~h nearly all the cavalry engagements of t.he war. At Cold Harbor he was so injured by a fall from his horse that he has lost nearly the en- tute a number of comparisons of the expenses of_. the Government tire use of both hi8 hands. · · between the years of democratic rule and the present republican rule. J. J. G. Ball was a member of the Twenty-sixth Massachusetts Volunteers, from In 1859 the expenditures of ·the Government were $68,984,090 ; in which he was promoted to the position of captain in the Eighty-sixth Regiment 1876 they were about $258,000,000 in round numbers; making a differ- United States troops. On April9, 1tl65, at Blakely, Alabama, during the engage- ment which took place at that point, he was shot through the right chest and lost ence of $189,000,000 between the expenses of the Government in 1859 his 1 ight arm. = and 1876. • William Deplitch, anot.her of the disabled soldiers discharged by Fitzhugh, This difference can be a-ccounted for quite easily. Three causes served in Company E, Third Massachusetts, and lost a leg at Goldsborough, North Carolina. account for it: Charles H. Sewell, of Company G, Ninty-ninth New York Volunteers, was an- First, the war and the expenses incident thereto, which entail an expense of other victim of demooratio reform. He was twice wounded in aetion and saw four $170,000,000, divided as follows: years and more of hard service. J. B. EnL!'ene was a member of a Wisconsin regiment. He served during a large Interest on the pnblio debt about·-···················-·· .•••••••.••• $100,000, 000 part of the war and lost an arm in the service. Pensions a.bont. . . • . • • . • . • • • . • • • • • •• • • • • • • • • • • . • • • • • • • . • • • • • . • • • . • • . . . 28, 000. 000 J. E. W. Thompson was also discharged by Fitzhugh among the first of the Union Expenses incident to the war. • •• • • • • . • • • • • . • • • • • . • • • • • • . • . . • • • . . • . . . • 42, 000, 000 soldiers sent off to make room for confooe:ra.t~. He lost a leg in one of the notable battles of the war. Total war expenses............................................ 170,000,000 Philip W. Coleman was one of the recent discharges from the Doorkre:per's de- Second, natural growth of the service with the growth of the COt!lltl'y. 10, 000, 000 partment. He lost an arm while battling for the Union, and was four times se- . New service, not in existence in 1859 .•• -..................... . ,. .••.. 9, 000, 00() verely wounded at James Ialand, South Carolina. He served in the Eighth Michi- ..------- gan Infantry. Total expenses for 1876 in exces.s of 1859...... ••••.•. •.. .•.. .. . l89, 000,000 That the "Rouse was not fortunate in the character of its appointees has been Add expenses of 1859. • • . . • • • . . . . . • . • • .. • • •• • • • • • • • • • • • • • • • . • . • • . . • • . 69, 000, 000 well known, but a. brief summary of a. few instances is worth attention. The Clerk, l!r, Adaros,llas been under investi~ation. and of the chqrgea of corruption has Total for the service in 1876 ......................... , •.,, " " f f ~. ooo; OOo 5620 CONGRESSIONAL RECORD-HOUSE. AUGUST 14, Add nineteen millions to the cost of the service on account of the Comparatit•e staternent of the work pmformed at the several Bureaus oj the growth of the country fu the sixty-nine millions, cost for 1859, and Treasury Departnwnt, g-c.-Continued. we have eighty-eight millions as the present cost, less war expenses. population in 1859, 31,000,000; per ca.pUa, cost, $2.10; population in 1860. 1875. 1876, 44,000,000 ; per eapita cost, $1.85. The actual per capita expenses to-day (less expenses caused by the war) is twenty-five cents less than in 1859. FOURTH AUDITOR'S OFFICE. It will be seen by this table, which is entirely accurate, that in 1860 in the First Auditor's Office there were nineteen hundred and eighty- Number of accounts adjusted................ 320 1, lll Number of vouchers embraced in same •••••• 58,098 189.451 one subjects exaniined, against seven thousand and sixty-five in 1875. .Amount involved............................ $17,442,757 43 $42, 1()tJ, 798 61 In 1860 the amounts involved were $157,000,000, against $1,144,000,000 Number of prize-claims settled ....••••••••• . .••••••••••••••••• 2, 842 ju 1876. The expenses in that Bureau for 1860 were 42,340; in 1875 .Amount of prize-money distributed ..•..•..•...••••.••••••.••. . $358,588 39 '•76,780; whereas the work performed is more than fourfold, and with Number of general clal.ms adjusted.... ...... 346 1, 552 .Amount disbursed in above settlements...... $74, 682 15 t,243, 56 L 89 t his relative expense, namely, in 1860, it cost $4.10 to settle a single Monthly statements from paymasters re- account, whereas in 1875 it costs but $3.06. In the Third Auditor's Office the number of account-s settled was · · Ce~:i:d ~r:~~ fu~~i;~ · co~~j~: · ·... -- ......... -- ·1 sioner of Pensions ..••••.••.••.•••••..•...•....•••••..••.•• __ . 1, 500 34o 2,300 in 1860 and 19,138 in 1875, amounting in 1860 to $14,591,815; in Number of pay requisitions entered......... 780 1, 919 1875 it was $53,41!j,828.50. The average salary of each clerk in 1860 .Amount ......•....... - . . • . . . • • . . • • . • • . • • • • • • $11, 856, 201 98 t26, 498, 130 30 was 1,490.82, in 1875 it was 1,312.13; showing the average salary to Number of refunding requisitiona.... • • • . . • • . 115 218 be in 1875 $178 less than in 1860. So that after all the talk about .Amount . . . . • • . • • . • . . . . • • • . . • . • . • • • • • • . . . . • • . $326, 608 00 $4, 697, 428 00 hi~h salaries the average cost is 178less than in 1860. Number of allotments registered............. 1,867 1, 428 Number of letters received and registered... 5 252 17,383 · The cost of settling an account in 1860, in so-called good old demo- Number ofletters written................... 5; 673 21,859 cratic-reform times, waa $35; the cost now in times of so-called re- Number of clerks employed.................. 15 45 pubHcan extravagance is $12.30. An examination of all the Bureaus Expenses.................................... $27,740 00 $78,328 25 of all the Departments presents precisely similar results. The fact FIFTH AUDITOR'S OFl' ICE. is, examination discloses the fact that the average cost of settling Number of oocounts adjusted .•••••..•.•••.•. 1, 347 11,697 any given account is from 25 to 50 per cent. less now than in 1860; Number of clerks employed .••..•••.••..••••• 8 33 thus showing beyond controversy that the employes of the Treasury Expenses .••.•.•••••••.••••.••.•••..••...•• :. $17,840 00 f52, 400 00 to-day do at least from 25 to 50 per cent. more work now than then, Cost per settlement .••••••••••••••••••••••••. 1,324 4 4a and that, too, at an average annual expense of 178 less for ea{)h OFFICE OF CO:IDliSSIONER OF CUSTOMS. clerk. Receipts •••••••••••••.•..••••••••••••• .••••• t53,166, 728 09 $159, 117, 443 fl.7 Comparat·i ve statement of work pmforrned in the several Bureat(;8 of the Disbursements .•••••. ••.• •• . ...•.•. ••• .••.•. 6, 542,912 67 19, 726, 337 8 L Letters written.............................. 5, 4:26 12.345 Treasu1·y Dcpartrn.ent, below specified, dztring the yea,·s ending June 30, Letters received.............................. 3, 683 10,888 1860, aud June 30, 1875, respectively. Letters recorded............................. 5 426 10,318 Returns received and examined •••••••••.••••.•••••••••••• : •••. ,. 10,824 Number of oaths registered ...•••.•••••..••••...••••••••••••••• 5,8-H 1860. 1875. Number of appointments registered .••..•••••.•••••.•••.••.•••. 5,600 Number of clerks employed.................. 11 29 Expenses • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • $20, 440 00 $45,420 07 . FIRST AUDITOI~'S OFFICE. FIBST COMPTROLLER'S OFFICE. Number ofaccouuts for money received ..••. 1, 985 7, 065 .Aceo~~ revised and balances recorded...... 7, 580 21,533 .Amount involved ...•.•...............•....•. f157, 596, 761 36 $1, 144, 320, 298 80 R.eqUlSitions. ••..•.•.. .••. .. ••.•••• ••... •.•.. 1, 116 4,·fl5 Number of accounts for money disbursed .••. 8,334 17,994 Warrants entered andposted....... •••••• •••. 17, o-22 48,407 Amount involved .•••••.•.•••.•••.••••••.••.. $125, 630, 648 78 $1, 491, 427, 101 07 Letters written, &o .•..•. ...•••. ••.. .•...•••• 3, 732 12,252 Expenses ..•.••.•••••••..••.••...•.••..•••••• 42,340 00 76,780 00 Internal-revenue tax-lists recoived and en- . Cost per account .•••.••••••••••....••..•••••• 4 10 306 tered .•... --····· ---- -·. --·.- ... -·········· ··---- ···--· ••••.• 2, 715 Internal-revenue reports copied, &o .••••••••..•••••.••••••••••. ~. 5 J8 SECOND AUDITOR'S OFFICE. Powers of attorney examined and entered.... 68 1. 527 Expenses • • • • • • . • • • • • • • • • • • • • • . • • • • • • • • • • • • • . f,lS, 201 00 $73,768 00 Number of accounts settled .••.••••••••••••. 2,174 25,347 REGISTER'S OFFICE• .Amount involved .••••...••..••••.•.•••...••. fl}, 972, 757 31 $27, 536, 257 49 Letters, claims, &c., received .••..•..••••••.. 5,042 118,602 Certificates of registry recorded .••••••.•••••• 2,738 2,608 Letters written . •••.•••••••..••••.••••..••••• 8,00::1 131,321 Emoluments recorded'.••......•.•••••.•.•.•.. 7, 269 7,296 Number of employes .•••.•.•••••••••.••.••••• 24 176 Statements of. t.om:fe published .•••••••.••.. 7 26 ~~:J:J1~r... ::::::::::::::::::::::::: Expenses ..••••.•...•.........•••..•..•...... $35,540 $245,480 16, 376 47,979 Number of accounts settled to each employe. 90 144 13, 852 40,046 Number of letters received to each employe. 210 673 Entry of accounts, ,ionrnal pages . •••••••••••• • 1, 709 4,558 Number of letters written to each employe .. 333 746 Certificates for settlements of-accounts •••••• 3, 494 14, 972 Cost per account .••••.••.• ·•••••.•.•.•••••.••. $16 34 19 6B Accounts received .•.••.••••••.••..•••••.••.. 14,131 23,538 Division receipts and expenditures : THIRD AUDITOR'S OFFICE. Led!!;er headings ..••••••••••••••••••.•••••••. 1,213 3,305 Entries in ledgers .•••••.••••••••••••••.•••..• 26,120 66,661 ·Number of accounts settled .•••.•••.•.•.••••• 2, 300 19,138 Ledgeraccounts, loan division .•••••••••••... 1, 500 40,000 Amount involved .••••••.•••••••••...•.•.•••. $14, 591, 815 00 f53, 418, 8-28 50 Number of employes .•••••.•••••••.•••••••••. 37 208 Number of employes .•••.••••.•..•.• .'••...•• 61 173 Average salarj of ea~hemployli .••••••••••••. 81,397 fl, 176 Expenses ..••••••.•.•.••....•••••...•.•••.••. $90,940 00 $237,000 00 Average oa.lary of each clerk ................ . 1, 490 8-2 1, 312 13 I submit a table herewith show.iDg the receipts and disbursements .Average amount settled by each clerk .•...••. 239,210 00 308,779 30 Number of accounts settled by ea~h clerk ..•. 39! 111 59 of the Government since January 1, 1834. This table also shows the Average cost per oocount ••••••.•••••..•..••. $35 00 $12 30 receipts, losses, and ratio of losses per $1,000 to aggregate of receipts. TREASURY DEPARTMF.NT, Washington, D. 0., Ju~ 19,1876. Statement showing the receipts and disbursements of the Government from January 1, 1834, to June 30, 1875; exhibiting also the amount of defalcations and tho ratio of losses per $1,000 to the aggregate received and disbursed, arranged in periods, as nearly as practicable, of four years each, nnd also in the periods prior and sub- sequent to June 30, 1861; prepared under the direction of the Secretary, to accompany his answer to a resolution of the Unite..5 41 $10 17 Jn.nuary 1, 1839, to December 31, 1841. •. 26, 832, 178 67 127,825 40 4 76 94, 125, 586 95 392,328 34 129, 948, 548 91 392,328 34 3 01 Ja.nuary 1, 1842, to June 30,1845 .••••••• 8, 545, 68:1 07 175,042 36 20 48 87, 498, 012 09 4:29,981 39 4 91 116, TJ6, 004 87 429, 981 39 3 68 ,July 1, 1845, to June 30, 1849 .•••••••••. 12, 019, 158 04 10,390 87 86 122, 587, 147 61 18,109 98 14 201, B57, 508 45 18,109 98 08 July 1, 1849, to June 30, 18.)3 ........... 12, 6'24, 329 01 60, 521 50 4 79 207, 581, 775 49 216,270 58 1 3:J 211, 908,612 91 276, 270 58 1 30 July 1, 1853, to June 301 1857 ........... 37,024, 174 86 81,724 73 2 20 282, 172, 927 89 213,001 78 75 282, 1'i9, 8'29 56 213,001 78 75 July 1,18571 to June 301 1861 ....... : ... 12, 838, 290 35 155, 2~7 80 12 .09 196, 963, 373 20 194,003 83 98 312, ::159, 679 56 194,003 83 62 July 1, 18(il, to June 30, 1865 ........... 67,251, 745 08 53, 943 Ol 80 729,458, 335 99 508,493 60 w 4, 670, 460, 137 61 508,493 60 10 July 1,1865, toJune30,18(i9 ........... 91, 743, 064 -44 181,621 19 1 97 1, 716, 418, 954 21 2, 562, 721 90 1 49 4, 042, 316, 438 46 2, 562, 721 90 63 July 1, 1869, to June 30, 18TJ ........... 79, 624, 84~ 56 107,497 86 1 35 1, 457, 262, 842 50 954, 698 68 65 2, 576, 645, 585 22 954, 698 68 37 July 1, 1873, to June 30, 1875 ........... 51, 273, 027 73 35,581,01 69 583,961,862 25 32'2, 183 92 55 1, 420, 22'2, 898 62 32'2,183 93 22 Tot:M ............ --~ .••.•••••.... 462, 573, 453 51 1, 161, 634 89 - -1 29 - 14, 100, 631, 205 09 7, 255, 619 41 2 51 5, 611, 033, 789 95 1 7, 255, 61941 51 Jonuary 1, 1834, to June 30,1861. ....... 172, 680, 767 70 782, 991 82 =======-- 4 52 1, 123, 931, 795 00 2, 907, 5021 31 = = = = === 258 1, 390, 986, 145 18 2, 907, 521 31 2 09 July 1, 1861, to June 30, 1875 ........... 289, 892, 685 81 378, 643 07 1 30 4, 487, 101, 994 95 4, 348, 098 10 96 12, 709, 645, 059 91 4, 348, 098 10 34 * ~ncludes rece1pts for loans. Disbursements, losses, and ratio of loss per 1,000 to aggregate dishurse1itent-s. :I Miscella.neo1tS. Post-office. ,. I Period. Disbursements. Losses. Losson Disbursements. Loss on 1,000. Losses. $1,000. January I, 1834, to December 31,1E37 ............................................ .. $23, 9-21, 077 47 $300. 154 05 $12 54 $13,696 :u $1 17 January!, 1838, toDecember31,184L ............................................ .. 25 372 936 06 2, 485, 356 47 97 95 51, 809 86 2 83- January 1, 1842. to J nne 30, 184.5................................................... . 21: 535: 282 45 4, 008, 452 22 46 82 2,679 46 14 July 1 1 1845, to J nne 30, 18~9 - ..................................................... . 32, 133, f177 73 'W6 262 44 23 E4 2, 571 24 15 ~~~ ~: ~~: ~ ~~: ~: l~t:::::: :~::~::::::::::::::::: :::::::::::::::::::::::::: 68, 899, 995 00 8!)9: 785 74 13 05 52.946 20 1 99 111,122, 107 75 862, 034 11 7 75 280;128 05 692 July1, 1857, toJnne30,1861. ..................................................... . 101, 502, e26 81 8.14, 731 96 822 172,278 46 3 02 ~m t! ~ mi §~ mt::::~~:::::::::::::::::::::::::~:::::::::::::::::_:~~::. 115,145,844 93 1, 111, 2al 1:15 9 65 93,467 63 1 91 201, 9-26, 036 61 1, 000, 156 82 5 3t 167, 236 74 2 06 248, 032, 245 27 440, 953 04 177 117,797 60 1 13 156, 212, 296 59 217, 248 86 2 03 34, 970 63 53 989, 582 38 2 04 January 1, 1834, to June 30, 1861 ...... .•••.• .••• •• •••••• •••••••••••• •.••••••• .•. •• . JtM, 487,303 27 7, 156, 826 99 == 18 61 =====z======== 189, 490, 678 74 576, 109 78 3 04 July 1, 1861, to June30, 1875........ •• ...... .••••• .••••. ...... ...... ••••••• ........ 721,316,423 40 2, 949, 640 57 4 08 299, 665, 176 08 413, 472 60 1 38 ,. War. Navy. Indians. Pensions. Period. r:l • og. ~ §g §c::> Disbursements. Losses. ~8 ftl - Disbursements. Losses. r:no 11.) Disbursements. Losses. 11)0 f1J - Disbnrseroen ts. Losses. 11.)0 rn 0 • o""' o ...- 0-< 0""' r H• H• H• H• Jan. 1, 1834, to Dec. 31, 1837. $36, 885, 422 32 $502,062 83 J13 60 t20, 275, 832 24 ~13,405 94 $10 53 $12, 095, 456 75 130, 256 56 $10 76 $10, 873, 957 03 '17, 906 63 '1 65 Ja.n. 1, 1838, to Dec. 31, 1841. 37, 711, 097 43 206,873 89 5 48 24, 428, 848 64 101,256 23 4 14 12,879,740 60 4,215 61 32 10, 290, 804 48 101, 951 64 9 90 Jan. 1, 18t2, to June 30,1845. 20, 483, 584 91 48, 359 58 2 35 24, 920, 331 48 5.{, 291 93 2 17 4, 573, 35( 42 10,585 29 2 31 6, 650, 769 55 I u , 553 38 1 74 July 1, 1845, to June 30, 1849 . 88, 500, 208 38 747,275 33 844 33, 550, 831 62 115, 666 69 3 45 5, 084, 563 30 11,768 92 2 31 I 6, 112, 345 31 ' 71, 196 44 11 64 July 1, 1849, to June 30,1853. 40, 280, 994 32 373,158 05 9 26 36, 771, 937 67 141, 493 87 385 11, 417, 463 40 69,497 61 6 08 8, 318, 428 . 22 1,257 41 15 July 1, 1853, to June30,1857. 62, 492, 668 32 378,333 37 6 05 50, 843, i20 68 377, 505 68 7 42 11,322,01317 38,088 97 3 36 5, 316, 887 56 18,840 51 35-4 July 1, 1857, to June 30, 1861. 88, 307, 575 55 287,516 48 325 52, 645, 998 89 183,510 52 3 49 14, 325, 403 42 982,417 05 68 58 4, 577, 393 06 4,649 51 1 01 July 1, 1861, to June 30, 1865. 2, 713, 569, 422 83 4, 241, 868 55 1 56 314, _223, 986 21 1, 079, 639 44 3 43 13,169,317 i5 136, 582 62 10 37 23, 263, 779 07 29,650 45 127 July 1, 1865, to Jnne30, 1869. 5e3, 749, 510 99 542,547 69 92 120, 173,925 ~ 98, 42'2 Q-2 81 19, 135, 153 08 73,973 97 3 ~6 88, 810, 848 02 94, s4o 67 106 July 1, 1869, to June 30, 1873. 175,150,962 73 169' !100- 39 97 85, 987, 323 86 . 180,964 68 2 10 25, 848, 369 29 23,557 44 91 120, 616, 926 67 230,826 93 190 July 1, 1873, to June 30,1875. 83, 434, ~73 20 23,742 80 28 52, 430, 21.3 69 26,670 77 50 15, 077, 118 91 2, 676 38 17 58, 494, 630 88 . . ................... ........... Total .... 3, 930, 566, 021 03 7, 521, 638 96 1 91 - - - - - 3 15 ------ 2, 572, 8'27 77 816, 252, 950 88 144, 927,954 09 ------ 1, 483, 620 42 10 23 343, :'!86, 769 85 182, 373 57 1 69 Jan. I, 1834, to - - =-=-==- =-====== - - ====== - ---- - - J nne 30, 1861. 374, 661, 551 28 2, 543,579 5.1 6 79 243, 437, 501 22 1, 187, 130 86 487 71, 697, 995 06 1, 246, 830 01 17 39 52, 140, 585 21 227,355 52 4 36 July 1, 1861, tQ June 30, 1875. 3, 555, 904, 460 75 4, 978, 059 43 1 39 572, 815, 449 66 1, 385, 696 91 2 41 73,229,959 03 236, 790 41 323 291, 246, 184 64 355,018 05 1 21 Net total, exclusive of post-office. Gross total, exclusive of post- office. 1oo ·.' Period. Loss on Loss on Administration. Disbursements. Losses. Disbursements.* Losses. $1,000. $1,000. Janua.ry.1, 1834, to December 31, 1837 .............. $104, 051, 745 81 fl, 163, 786 01 $11 18 fUO, 309, 32.'i 19 $1, 163, 786 01 $10 55 J a ckson's. January 1,1838, to Deceml)er 31, 1841 •••••••.•••••• 110, 68.1, 427 21 2, 899, 653 84 26 19 137, 094, 438 34 2, 899, 653 84 21 15 V a.n Buren's. January 1, 1842, to June 30, 1845 ................... 78, 163,322 81 1, 133, ~42 40 14 49 109, 187, 401 24 '1, 1:33, 242 40 10 37 Harrison and Tyler's. July 1, 1845, to June 30, 1849 ...................... 165, 381,026 34 1, 712, 169 82 10 35 205, 194, 700 57 1, 712, 169 82 8 34 Polk's. July 1, 1849, to June 30, 1853 ...................... 165, 688, 818 66 1, 485, 192 68 8 96 194, 370, 493 14 1, 485, 192 68 7 64 'l'aylor and Fillmore's.. July 1,11:!53, toJune30,1857 ...................... 241, 007, 397 48 1, 674, 852 64 6 94 285, 638, 875 65 1, 1174, 852 64 586 Pierce's. July 1,1857, toJnne30, 1861 ...................... 261, 359, 197 73 2, 292, 825 52 877 328, 183, 268 39 2. 292, 825 52 6 91:! Buchanan's. July 1, 1861, to June 30, 11:!65 ..................... . 3, 179, 372, 350 79 6, 599, 022 91 207 4, 667, 457 921 22 6, 599. 0'22 91 1 41 July 1, 1865, to June 30, 1869 ...................... 1, 013, 795, 474 60 1, 889, 641 17 1 86 3, 891, 576, 259 10 1, 889, 641 17 48 } Lincoln and Johnson's. July 1,1869, roJun630, 1873 ...................... 655, 695, 827 82 1, 046, 202 48 1 59 2, 601, 158, 569 90 1, 046, 202 48 40 July 1, 1873, to June 30, 1875 ...................... 365, 648, 883 27 370,338 81 1 01 1, 406, 699, 819 31 370,338 81 26 }Grant's. -------- Total ........................................ •.Tanua.ry 1, 1834, to June 30, 1861. .................. 6, 340, 937, 422 52 1, 126, 424, 936 04 = 22, 266, 928 28 = = -10-97- 12, 361, 722 91 3 51 13, 936, 870, 072 05 1, 369, 977, 502 52 22, 266, 928 28 12, 361, 722 91 1 59 902 - .. Julyl, 1861, toJune30, 1875 ...................... 5, 214, 512, 486 48 9, 905,205 37 189 12, 566, 892. 569 53 9, 905, 205 37 78 *Includes expenditures for public debt. POSTAL MONEY·ORDEua.-A.monnt involved to June 30, 1875, $389,718,785.38; loss, $156,818.42; loss per 11,000, forty centa. 5622 . CONGRESSIONAL RECORD-HOUSE. AUGUST 14, NOTES TO l'RECEDING TABLES. admit there is corruption in Government officers; I do not expect it 1. In cases where the accounts of defaulting officers embraced more than one to be otherwise as long as human nature is what it is. period the losses, unless known to have occurred in other periods, have been charged To the charge of extravagance and corruption against the Adminis- to the periods in which the accounts were opened in this Department. In cases of tration so often made, I desire to say that in the discharge of my duty defaulting banks, however, for want of other information, the losses have been as a member of the Appropriation Committee I have had occasion to charged to the periods in which they are reported on the books, though doubtless in several instances they actua.lly occurred in previous periods. No losses of the meet many of the officers directly in charge of the expenditures of latter kind, however, have been included unless known to have occurred within the appropriations made by Congress. the period covered by this statement. It affords me pleasure to say that they are a snperior body of men 2. No deductions have been made for amounts which may be collected hereafter, thon:;h a large percentage of the recent losses will doubtless be yet recovered. in all that pertains to genuine manhood, and they will rank in intelli- 3. m preparing this statement the receipts and disbursements since J nne 30, 1843, gence and honesty and in au honest discharge of duty with any pri- have been classified by fiscal years as in the published official reports · the losses vate employment in this or any other country; while private employ- have in all cases been classified by calendar years, it not being practicable to sepa- ers pay for similar service greater salaries than these men can possi- rate the losses occurring in the :fraotional years of each period, but the periods com· pared being of the same length the result is substantially correct. bly ·receive. It therefore iR a duty and a pleasure to say this for n. class of men who are constantly maligned by the opposition for the From customs receipts the loss during Jackson's time from 1834 to sole purpose of making party capital. There are, possibly, among 1837 on $1,000 was 17.26; in Van Buren's time; $3.93; in Grant's ad- these men, here and there, one who is wanting in official integrity. ministration, two cents loss on each $1,000. It is expecting too much of human nature not to find it so, as the From January 1, 1834, to June 30,1861, tho losses to the $1,000 was reign of democracy for a. period of a quarter of a. century conclusively $2.23 per $1,000; from July 1~ 1861, to June 30, 1875, dnril;tg repub- proves. Investigation shows that the average of this class was far lican administrations, fourteen cents per $1,000. The internal-rev- greater in numbers and costs to the Government under democratic enue system did not exist during democratic administrations. The than during republican rule. losses per $1,000 of receipts have been 1.70; from miscellaneous I make the statement deliberately that, in my judgment and in sources during Jackson's term, $2.75 per $1,000; during Van Buren's the judgment of all candid men having knowledge of the subject, service, $4.76. per 1,000; during Buchanan's time, 12.09; and now, never in the history of the country was there as much capacity and General Grant's term, sixty-nine ceuts per 1,000! The average losses integrity exhibited by the officers in charge of the administration of during democratic administrations, $4.53 per thousand; in republi- the Government as there is to-day. In making this statement I make can administration, $1.30 per thousand. full allowance for all the disclosures made by the committees of in- On the total receipts from all sonrces the loss during democratic vestigation this session. My opportunity for knowing these officials administrations was $2.09; during republican administrations, thir- has been that of an actual, personal contact with and knowledge of ty-four cents. Now take the disbursements, the losses, and ratio of them such as is enjoyed by but few of the public men of the country. loss per 1,000. In the War Department during good old democratic I do not believe that any of the walks of society can show an equal times-General Jackson's term-the losses were $13.60; during Van nun1ber of men more capable, more honest, and more deserving in Buren's term, $5.48; during Polk's four years as President, $8.44; d.ur- all respects than these men. ing Pierce's term, $6.05; during Buchanan's term, $3.25; durmg •As an illustration of the loose manner in which the House con- Grant's administration, twenty-five cents. The total losses on dis- ducts its bqsines8-1 I will t.efer to one case as a sample. A demo- bursements of offices belonging to the War Department in clemocratic cratic member offered ~resolution calling for a liMt of the names, times, from 1834 to 1861, was $6.79 per thousand; total losses from places of residence, and number of shares held by each of the stock- 1861 to 1875, $1.39 per $1,000. holders of the national banks, the object being to obtain the names In the Navy Department, in the disbursements the losses during of members of Congress who were shareholders. To answer this re- Jackson's term per $1,000 were $10.53; in Pierce's term, $7.42; dur- quest it requiredfifty-twomonths of the labor of the clerks, equal to ing Buchanan's term, $3.49; during General Grant's term, fifty cents the labor .of one clerk for four and a half years. The cost of answering per $1,000. Total democratic, $4.87; total I'epublican, $2.41. Indian this resolution, including the labor, stationery, and printing, was Bureau: Here our democratic friends have so much to say about ex- about $20,000. . travagance that this table will be read with interest. The losses dur- This Honse haa utterly failed to act on a proposition of the SeCI·e- ing Jackson's administration per $1,000 were $10.76; in Buchanan's tary of the Trerumry, agreed to by the republican Senate six months time, $68.58 per $1,000. (I suppose these were the reform times that ago, relating to the refunding of the 6 per cent. bonda into a boncl our democratic friends desire to bring us back to;) during Grant's bearing interest at the rate of 4t per cent., thereby savin~ to tho time, seventeen cents pe:r 1,000. The total loss in democrat.ic times, country the sum of five millions annually in the payment of mterest. $17.39 per $1,000; during republican administrations, ::t23 per$11000. If the House had acted promptly on this matter, by this time the Losses on account of pensions during democratic administratiOns, refunding would probably have been an accomplished fact and the $4.36 per 1,000; during republican administrations, $1.21 per $1,000. sum named above saved annually to the people. In the Post-Office Department during democratic administrations, There are lying in the committee-rooms of this House bills unacted losses on each $1,000 were $3.04; during republican administrations, upon, introduced by gentlemen from the South, aggregating a sum $1.38. From miscellaneous sources, losses in democratic times was of not less than 2,000,000,000, to be warmed into actual, real life by $18.61 per $1,000 as against $4.08 in republican times. The total the success of Tilden and Hendricks. losses per 1,000 on disbursements from all sources from 1834 to 1861 Not acted on this session; why f Because if pressed now theywoul(l during democratic administrations was 9.02, while during republican injure the prospects of democratic success. times it was only seventy-eight cents per $1,000. And it may be added .Another of the reform movements of this House was the passage of here that the losses during republican administrations are recent, and the following proviso to one of the clauses of the sundry civil bill: it is estimated at the Departments that 25 per cent. of what is put Provided, That all of the provisions of title 26 of the Revised Statutes of tho down as losses recently will finally be recovered, so that actually the United States in relation to the registration of voters and the appointment of su- losses dt!ringrepublican administrations will be probably 25 percent. pervisors of elections, and deputy and special deputy marshals, and touching the less than the figures here given. supervision of elections are hereoy repealed. When the republicans came into power it was found that looseness It will be seen that the repeal would remove all restraint against and disorder in all the departnfents of Government were the rule and dishonest voting in the great cities of the country as well a.s in the order and care were the exception. States where the rights of the colored men to vote are ftagrantly in- Con...gress was in the habit of making appropriations in gross and terfered with. With this law repealed, Tammany Hall and John Mor- in inaefinite sums. The Departments were permitted the widest range rissey could give 'filden so large a majority as to overcome the honest and discretion. vote of the State, as was done in 1868, when General Grant and John Under republican rule all appropriations were made in the greatest A.. Griswold were cheated out of the vote of the State, and that too, possible detail and in specific sums, leaving little or nothing to the under the management of the present democratic candidate for Pres;- discretion of the officers of the Government. dent. I make this statement on the authority of the last domocra1 i<. Now the conditions that obtained in democratic times are reversed, candidate for the Presidency. and we find order, care, and integrity the rule, and looseness and I put with it the circular letter sent to the faithful all over the State; disorder the exception. the compliance with the suggestions therein contained enabled tho As a sample of the way things were done in old times, I give the present democratic candidate for the Presidencyi the then chairman following: of the democratic State committee, to (by withho ding the announce- On pages 257 and 262, finance report for 1854, in the report of Special Agent ment of the count in the city of New York until he beard from the Gouue, of November 27, 1354, will be found statements showing the careful method State) count enough votes in the city to give the State to Seymour in whlch public moneys were kept in the better days of the Republic, and the and Hoffman : unique, economic method by which transfers of such moneys were made in those rPrivate and stri~tly oonfl.dential.J days. :Mr. Minor, whll undertook to transfer the $100,000 from New York to New Or· RoOMS OF DEMOCRATIC STATE COMMITI'EE. leans, as far as lrnown to the Department, has not yet reached his destination. October Z'l, 1868. The amount appears on the list of defaulters sent the House by the Treasury MY DEAR Sm : Please at once to communicate with some reliable person in three Department, charged against the City Bank of Columbus, Ohio. or four principal towns and in each city of your county, and request him (expenses · duly arranged for this end) to telegraph to William M. Tweed Tammany Hall, at This is but a sample of hundreds of others that are shown on the the minute of closing the polls, not waiting for the count, such person's estimate books of the Treasury Department and in the report sent to the House. of thevote. The system of checks and balances, instituted since the republican Let the telegraph be as follows: "This town will show a democratic gain (or loss) over last year of (number.") Or party came into power, renders such a transaction impossible. thi!! one, if sufficiently cert-ain: "This town will give a republican (or democmttc) The burden of the democratic song is now the cry of corruption. I m!\jority of-." 1876. CONGRESSIONAL RECORD-HOUSE. 5623 There is, of course, an important object t~ be attained by a .simultaneous trans- the fiscal years from 1865 to 1876, inclusive, with the reduction each mission at the hour of -closing the polls, but not long:er waiting. Opportunity can year from 1865 : be taken of the usual half-hour lull in the tele!rrapllic communications over lines before actual resulta be~ to be declared, and before the Associated Press absorb 1865 ................... $1, 297, 555, 224 41; maximum. the telegraph with returns and interlere with individual messages; and give orders 1866...... . . . . . . . . . . . . 520, 809, 416 99 ; reduction.. . . • • • • • . • • • • • i776, 745, 807 42 to watch carefully the count. 1867 ...•.. .••... ...... 357,542,675 16; reduction............... 163,266,741 83 Very truly, yours, · 1868.................. 377, 340, 284 86; increase................ 19, 797, 609 70 SAMUEL J. TTI..DEN, Ohairman. 1869...... .••... ...... 322,865,211 80; reduction............... 54,475,007 06 1870......... .. .•... .. 309,653,560 75; reduction............... 13,211,717 05 I submit that this gentleman will ma:ke an excellent reform candi- 1871.......... .. .... .. 292,177,188 25; reduction .•...••....•.•. · 17,476,372 50 date for the democracy. 1872.... .• .. .••.. ... .• 277, 517,962 67; reduction............... 14, 659,225 58 Aa a further proof of the reform qualities of this model reformer, 1873............ . • . . . . 290, 345, 245 33 ; increase . • • . . . . • . • . • • • • • 12, 8-27, 282 G6 1874............ .•...• 287,133,873 17; reduction .........••..·•. 3, 211,372 16 the democratic candidate for the Presidency, I append here a letter 1875. ..• .• ... . •• ... .. . 274, 623, 392 84; reduction............... 12,510,480 3:1 from the last democratic candidate for the Presidency, a witness who 1876. .•.•.•. .••. ...••• 258,500,000 00; reduction............... 16,123, 30'2 84 certainly will not be impeached. _ While this constant reduction was going on Congress gradually re- In the New York Tribune of November 9, 1869, Mr. Greeley, in a duced taxation, maKing the reduction of expenses and the reduction second letter to ,Samuel J. Tilden, chairman of the democratic State of taxation go hand in hand. Our present pretended reformers pre- committee, arraigns Tilden for his complicity in this gigantic villainy tend to large reduction of expenses, but are not willing to reduce and holds him to a just accountability. In this letter Mr. Greeley taxes. reviews the labors of the constitutional convention of 1867; the defeat This illustrates the difference between the policies of the two par- of the results of its labors, the ''reform constitution," by the great ties now contending for supremacy. champion of reform, Samuel J. Tilden, at the election of 1869; the The following table shows the dates of the acts of Congress reduc- defeat of a fair registration and the means of purging the ballot-box ng taxes and of the amount of the annual reduction : of its notoriously infamous frauds, and of securing to the people and State a fair election. Mr. Greeley reviews all in detail in the light REDUCTION OF TAXES BY ACTS OF CONGRESS. of incontrovertible facts, Rond says: • The following exhibits the estimated reduction of annual internal taxation and customs duties under the la.ws mentioned : :But while honesty and law act spa.smodioally, villainy ever sleeps with one eye Act of July 13, 1866 ...........•.....•.•.......•.•...•.•...•..•••.•• 165,000,000 00 open1and plans new and more subtle devices for Cll'cumventingjustice and overthrow· Act of March 2, 1867. . . . . . . . . . . . . • . . . . . • . . . . . • . . . . . . . . . • • • . . • . . • • . . 40, 000, 000 00 ing right. Had no illegal vote been polled in this city and Brooklyn, General Franz Act of Februa.ry 3, 1868 . . . . . . . . . . . . . . . . . . . . . . . . . . • . . • . . . . . . . • • • • • . • 23, 000, 000 00 Siegel would now be our secretary-elect, as Grant, m the absence of fraud, would Acts of March 1 and July 20, 1868.... .. . .....•..• ..•••. .•..•• •••••• 45,000,000 00 have received the eleotoral vote of our State by more than 20,000 majority. Let me Acto£ July14,1870 . ....... ...................................••••• 78,848,827 33 multiply demonstrations on this point: Since your party' pretends to believe our Acts of May 1 and June 6, 1872. ... ..•.••. ....••... ...... ..•. .. . .••• 51,823,761 38 last State census erroneous and imperfect, I put that aside and appeal to officiBJ returns whereof no one can even affect to doubt the accuracy. Here follows the Time will not permit me to go further into details. number of deaths in several of the lowtlr wards of our city, where your party has The great republica,n pn.rty, besides saving the Republic whose de- ~welled ita vote so ~onstrously in the past two or three elections: struction was sought not only by the rebellion but by all tho crowned Number of deaths iR the lower wards. heads of the world, (save the Czar of Russia,) has shown itself capable of adjusting the delicate task of reconstruction, and to-day, but eleven Wards. 1855. 1858. 1859. 1861. 1862. 1864. 1868. years since the close of the war, every State is fully represented on this floor. -------'--- ------ ------ - - - - - - 1 - This great party has given freedom and citizenship to all its peo- Fourtb .••••• ....... •. . 844 934 817 781 768 838 649 ple. Every one of its great fundamental principles form a part of the Sixth.................. 1,142 874 933 1, 054 928 970 697 Seventh............... 1,189 1, 134 1, 040 1, 017 1, 018 1,156 1,103 Constitution and are the accepted principles of all parties. As a prac- Fourteenth............ 776 913 858 806 798 1, 006 736 tical business-like party it has reduced the per capita expenses (less ---------!--------- - - war expenses) twenty-five cents below what it was when it assumed Total... • . . . • . . . . 3, 951 3, 855 3, 648 3, 658 3, 512 3, 970 3, 185 governmental power. Since this party assumed control it bas reduced the average annual Now, Mr. Tilden, you know that those wards have not increased in aggregate cost of clerks by the sum of $175 each and they do 50 per cent. more population since 1855. People who live packed up in tenement houses fronting the work. • narrowest, crookedest, worst smelling streets of our city die at least as fast as those The losses on the collections and disbursements of the public funds who live in more cleanly, airy, and commodious quarters; and the increase or dim- inution of the population of these wards is accurately reflected in their annual return have greatly decreased. of deaths. Now look at their total vote at our several pr&!idential elections since The system of checks and ba.lances in the keeping governmental 1855 and at our State elections last week : accounts is vastly improved. The character and capacity of Government officials are greatly bet- Wards. 1856. 1860. 1864. 1868. 1869. tered. • - - - - - - - - - - - - - -1- - - - - - - - - - - - - - - The Government credit which stood at 12 per cent. interest on its Fourth............. . . • • . • • • . • • • • . • • . . . . 2, 689 2, 535 2; 820 4, 310 3 865 loans is now reduced to 4-! per cent. · It has gradually year by year since the war reduced expenses and L~~\i"h:::::::::::::::::::~:::::::::::: ;::~ ~~ Fourteenth.................... . ........ 3, 218 ~:~~ 5,252 3, 578 5, 000 ~:~~ ~:~: 4, 214 taxation. · It has paid nearly 600,000,000 of the public debt in the last eleven - - -13,- Total.......... . • • • • • . • . . . . . . • • • • . 13, 241 ------- 837 16, 920 23, 123 20, 037 years. - It has provided for every obligation of the Government, including the sinking fund. . You know what these figures prove as well a8 I do. You know that every vote It has reduced the annual interest burden by $45,000,000. It haa ·was drawn out that could be in the intensely contested election of 1860, and that not a few were then polled which had no right to be. You know that the popula- pensioned the brave soldiers who fought to save the country. tion of these wards bas not increased, ;vet tliey polled over 9,000 more in 1868 than It may not at all times have done the wisest thing, and some of its they did in 1860, and over 6.000 more m 1869, when the sixth ward cast 873 more officials have been dishonest and corrupt. than her monstrous vote of last yoor, and considerably more than double her vote But it has a glorious record, one that causes its adherents to rejoice ·n 1860 or 1864. I do not inst&lce these cases as worse than others. Probably none of them are and be glad that they share its glories. so bad a.s that of the twenty-first ward, where your sheriff bears sway. But the To put against this party, the democra-cy propose economy and re- twenty-first is a growing ward; so I confine myself to those which the bills of form, when they have not showl! a single charact-eristic that entitles mortality clearly show to be less populous to-day than they were when their aggre- them to the appellation of reformers. Under this cry they will try to gate vote wa.a but 13,241 against the 23,232 they rolled up lor Ho:trnian last faJl. Mr. Tilden, you have confederates who will chuckle over this ezpose as showing have the people forget that the complete fruition of reconstruction that "the democrats know how," and that. they can never be driven from power. is· not yet an accomplished fact. "Wb&t if the public judgment condemns us~ Let our repeaters vote twice more They want us to forget that democratic success means the practical all round, and we'll come out all right." But I believe in God, and feel a profound loss of the rights of citizenship to the colored people of the South. conviction that the fruits of ·triumph• thus achieved will turn to ashes on t'he lips of the victors. I believe you will yet realize that an honest defeat would have With democratic success these rights will exist only in name. been more advantageous to you in the long run than either of your fraudulent vic- They want the people to forget that hundreds of millions of war tories. claims are to be paid, dependent upon their success. I will print here a table showing the reduced cost of Government ex- They want the people to forget the many schemes of southern plunder penditures year by year since 1866, which conclusively shows the gen- that will be accomplished facts with their ascendancy. eral good management of the Administration. A constant decrease The people who saved the Republic are ever watchful and alert. of expenses is shown in all Departments of Government except the They who have sacrificed so much to make the old flag an emblem Post-Office Department. of freedom and glory will not trust gentlemen with power who sou(Tht In making these reductions the number of clerks has been reduced to trail it in the dust and substitute in its place the stars and b~rs, in the Departments at Washington to the number of twenty-five until they manifest a .spirit that will assure them that the great prin- hundred and to the number of five thousand ruen throughout the en- ciples fought for and won are secure in their hands. tire country. The Post-Office Department of course shows an annual The spectacle of a people turning over the destinies of a great coun- ·ncrease in proportion to the growth of the country. try to the very men who songht to destroy it will not be witnessed REDUCTION OF PUDLIC EXPENDITURES. for four years to come at least. The following statement shows reductions and postponement!J The following table shows the expenditures of the Government for finally agreed upon by both Houses : 5624 CONGRESSIONAL RECORD-HOUSE. AUGUST 14, Statement slwwing the reduction and postponements of appropri{ltions as In the mean timo Brooks claimed that he had collected six hundred and forty- finally ag1·eed upon. four bales of cotton under the contract, and made a claim therefor, which, on the Pension............................................................. $466,500 00 30th of April, 1866, evidently with some hesitation, the Secretary of the Trea.!nry decided to allow to the extent of one quarter of the six hundred and forty-four Military Academy.................................................. ·74, 675 00 bales in fnll, and ro credit the a.mountallowed upon the notes given by Parkman & Consular and diplomatic............................................ 216,405 50 Brooks. Fortificatioll • • . . • . . . . • • • • • • • • . . • . • . • • • . • • • • . . . . • • . . • • • • • . • • • • • . . . • . • 535, 000 00 This credit. amounting in the whole to $24,315.75, was accordingly indorsed upon iie~~dh~b~;: ::::::::::::::::::::::::::::::::::::::::::::::::::: ~:~~:~I~ ~ the note of $94,000, namely, May 18, 1866, $21,112.55, and .Tune 25, 1866, $3,203.20. This is all the money ever awarded ro Parkman & Brooks by the Treasury De- Deficiencies......................................................... 3, 886,975 62 partment for cotton collected under the Risley contract, as appears by the records. Pos~ftice .••••• .••••• •..•.•. .•• •••.••.••• •••••• .•..••••••. .•..•...• 2, 408,707 00 NavaL.............................................................. 4, 260,651 00 They were allowed, however, another sum, amounting ro 133,297.28, the historv of which is a.s follow8: Some time in May, 1865, a claim was made by one A. X:. Indian ••••. - ••••.••••••.•.•• -- •••• -- .••• -----------.................. 690,437 53 Shepard and Parkman & Brooks for the proceeds of 19,700 bales of cotton collected by ~lr;.·-~i~:::::: :::::::::::::::::::::::::::::::::::::::::::::::::: 1~: :: ~ ~~ the agents of the Treasury, on the grounds that the claimants had purchased it un- der proper authority from the confederate government for delivery to the Treasury 29, 944, 352 86 Department. The Secretary declining to consider the claim thm presented, the parties then Deduct deficiency .•••....••.•.•••••..•....••.•.••• ~ •••••••.••• · 3, 886,975 62 made a claim for salvage, alleging that, having acquired. an interest in the cotton, 26, 057, 317 24 they had, through their influence with the military authorities of both armies and by the expenditure of money and personal attention, saved the same from loss and Deduct Court of Claims ............................... $2, 000, 000 00 damage. . Indefinite for assay office. . • . . . • • . . . . • . • . . . . . . . . . . . . . 500, 000 00 In this form the Secretary decided to allow $157,944.66, dividing t~is Bum into Indefinite ..•.••••••• ~................................ 500,000 00 three drafts, for the Plll1lose of keeping the interest of Parkman &. Brooks, which 3, 000, 000 00 was 40 per cent., amounting to f33,297.28, separate, for the reason that at the same 23, 057, 377 24 time he determined: ro apportion the share of that firm in part payment of the in- debtedness due from them to the United States on their five notes. Deduct also- This application was made with the knowledge and consent of Parkman & Brooks Centennial. .•..•••••...•••.•••••.•••.•...•..•........ $1,500,000 00 and their attorney, and the amount was afterward sent to the Treasurer of the U uited WashingtonMonument............ ..••.. .•••••••.••• 200,000 00 States, and, in point of fact, credited to the indebtedness of Carleton, which was Pennsylvama avenue................................ 200,000 00 the·same thing, for what wa.s paid on the notes of Parkman & Brooks would liqui- Fortifications . • . • . . . . • • • . . • • • • • . • • • . • . . . • . • . . . • . . . • . . 200, 000 00 date to that extent the indebtedness of Carleton. NewYorkpost-office....... ..•••. ....•. ...•.•..•.. .•. 227,000 00 Parkman & Brooks, not having paid the balance due on their notes, they were Agricultural Reports.... • • . • . . . . . . . • • • • . . • . • • • . . . . . . 130, 000 00 afterward, namely, .Tune 25,1869, put in suit by the United States attorneyatMcm- 2,457, 000 00 phis, Tennessee, which suit was pending until May, 1874, when it was dismissed by direction of the Secretary of the Treasury. Actual reduction and postponement .••....•••..••••.•.••.•••• 20, 600, 377 24 The reason of the dismissal was as follows: On the 13th of December, .1873, one Mr. SAVAGE. Mr. Speaker, in the time granted to me I shall not P. D. :lli>ddy made an application to the Secretary of the Treasury for tho $.13,297.28, the history and the disposition of which I have Just related, on the ground that this be able to elaborate any.of the points upon which I propose to touch. sum had been adjudged ro Parkman & Brooks m settlement of wluit was known a.ct But I cannot resist the temptation which the opportunity affords to the Shepard ca.~e. and that the interest of Parkman & Brooks in thi!l ca.se and in me of indnlgin~ in a few remarks upon the testimony taken by the other cotton and confederate property reported by Brooks under the Risley con- Committee on ..t!jxpenditures in the Treasury Department. And the tract had been assigned to him previous to the settlement. temntation is greatly enhanced when I consider some of the speeches ·n will be observed that in the first settlement with Carleton, the macfe npon the opposite side of ~h~s Ha1:J., con;tparing the coiT~ption defaulting agent of the United Stat-es, the special agent sent to settle and stealing of the present Admm1stration wtth the democratic Ad- said claim sacrified more than one-half of the entire claim ; the orig- miniatrations before the war and with the manarrement of the present inal claim being $556,945, and the agent accepting the notes of Park- House of Representatives1 • notably the speeches delivered by the man & Brooks for $'201,003.12 on their admission that they were in- gentleman from lllinois [.Mr. HURLBUT] and the gentleman from debted to the Commercial Bank in that amount. Dnring the years of Maine, [Mr. HALE.] 1865 and 1866 Parkman & Brooks, it will be observed, had by their The first case of improper conduct (which out in the country where dealing with the Government obtained credit upon said not-es to the I was raised would be called stealing, but which, I suppose, out of def- amount of $57,613.03, np to this time at lea.st not claiming that ther. erence to the custom which has grown up of late years I must call" an had anv defense to saicl notes. And thus the matter runs along until irregularity") is the case of Parkman & Brooks; and tha_t I may do 1869, when the balance dne on said notes not having been paid they no injustice I will give you a brief statement of the case m the_lan- were pnt in suit, so says the Solicitor of the Treasury; and said suits gna~e of Mr. Wilson, the Solicitor of the Treasury, as contained man wore permitted to drag along until May, 1874, w~en they were dis- offiCial letter to Secretary Bristow, bearing date December 31, 1874. missed by direction of the Secretary of the Treasury, as will be seen The letter of the Solicitor is printed in full, commencing on page 79 by examining the following letters. I read first the letter of the Sec- of the. statements and le~rs relative to captured and abandoned retary of the Treasury on page 74 of the document to which I have property. The extract which I wish to read is as follows: referred: DEPARTMENT OF .JUSTICE, TRRASURY DEPARTMENT, OFFICE OF THE SECRETARY, OFFICE OF THE SOLICITOR OF TilE TREASURY, February 20, 1874. Washington, D. December 31, 1874. a., Sm: It having becn decided by the proper accounting officer of this Department that. certain notes executed by Parkman, Brooks & Co., now in your possession, Sm: * * * It appears that in theyear1865, George L. qarleton, then l!nited "are invalid and impose no obligation on the makers," I have to request that they States depositary and acting surveyor of cu~toms at Memphis, Tenness!le, 1ssuod may returned to this office, and that any suits now pending in relation to saili. to J. W. Page, jr., presidjlnt of the CommerCial Bank a.t that place, certificates of notesbe may be discontinued. deposit on acaount of subscriptions to 7.30 Government bonds ro the amount of Very respectfully, $556 945 taking therefor, instead of money, Page's individual checks. WM. A. RICHARDSON, It' is ~lleged by Paae and the evidence tends ro show, that neither the bank nor Secretary. himself received any"'advantaae from these transactions other than the difference of exchange, but that the proce:is of the sales of these bonds were all plaeed, as soon Hon. E. C. BANFIELD, as received ro the cred1t of Parkman Brooks & Co., and drawn out by them. Solicitor of the Treasury. In May, i875, the checks of Page, thns held by Carleton, were given up by him, and canceled at the solicit.'\tion of Page, on the gr~~d ~at ~arkman & Brooks I shall examine hereafter who this "proper accounting officer'' of had received t.he proceeds of the bonds, Carleton recmvmg m thelf place from Page the Treasury waa to whom reference is made in this letter. the checks of Parkman, Brooks & Co. of like date and amount. The evidence shows, however, that the checks of Parkman, Brooks & Co. were I now read the letter of Mr. Banfield, the then Solicitor of the obtained by Page in April, 1865, in their absence from Memp~s, from a. Mr. Learne~ . Treasury, from the same page, and it will be observed that Mr. Ban- who was claimed to be their partner, and who was anthonzed to dra.w checks m field, the law officer of that Department, did not concur with the the firm-na.me in tbe ordinarv course of business, and who also was accustomed ro Secretary's" proper accounting-officer" of the Treasury. sign na partner the name of the firm. In May, 1865, Parkman, Brooks & Co. denied the authority of Learned to sign It is as follows : their name ro checks. DEPARTMENT OF J'USTJCE, In this state of affairs t.he Secretary of the Treasury sent a special agent to in- OFFICE OF THE SOLICITOR OF THE TREASURY, vQStigate the matter. From his report it appears that Parkman, Brooks & Co. ac- Wtuhington, D. March 6, 1874. a., know1ed~e themselves indebted ro the Commercial Bank and were willing ro as- Sm: It has been decided by the Treasury Department that the note11 of Parkman, sume and secure, as be8t they could, '201,603.12 of the checks held by Carlet.o• on Brooks & Co., upon which suits arependirig in yourdistrict, areinva.lidandimpose being discharged by the bank. no obligation on the makers. Acting upon the conclusion that tbe proposal of Parkman & Brooks wM the best WhiTe I cannot agree with the decision reached by the Department in this regard, on the facts that could be had, the agent of the Treasury obtained from them, on I am constrained by the terms of the Secretary's letter to me, a copy of which I in· settlement of the checks held by Carleton, five notes aggregating f201,003.12, four close, to ask yon to comply with the request therein contained. of them dated August 14, 1865, and one August 16, 1865. . The e,gent, however, did an unautho~ed act himself in thi;s matter which he ~as Very respectfully, E. C. BANFIELD, investigating. He made at thesametime-August14, 1865-m behalf of the Umted Solicitor of the 1.'ruuury. States a contract with F. W. Brooks, one of the firm of Parkman, Brooks & Co., for W. W. MURRAY, Esq., collecting and delivering to Treasury agents certain lots of eonfiscable cotton and United States Attorney, Memphis, Tennu1ee. property. . The controot was ma.de, as is alleged by the agent, for the purpose of secunng Now how was this decision arrived at, and what was the occasion the payment of Parkman & Brooks's note. for itf I will explain. On the 13th of December, 1873, one P. D. By it.s terms the share of Brooks in the proceeds of property delivered over and Roddy filed a petition in the Treasury Department, claiming to be the above actual expenses was to be applied to the payment of four of Parkman & Brooks's notes, amounting to $150,000. Brooks understood when the contract was owner of the interest of Parkman & Brooks, and also claiming that made that it was saQ.1ect to the approval of the Secretary of the Treasury, but, the original notes were VQid and created no obligation on the part of without waiting for thls approval, agreed, in writing, to this application of the said firm of Parkman & Brooks, and asking the Department to pay proceeds, and proceeded to collect the pr~erty. The Secretary, however, refused to ra the contrao and Brooks was notified to him the amounts which had been credited upon said notes. This that it terminated on the 20th of August, 1 . ~petition it will be observed was filed more than seven years after tho 1876. CONGRESSIONAL RECORD-HOUSE. 5625 date of the credits upou ~aid notes; and I might say right here, as I ined and passed it, and I being in charge of that branch,idich:•t llke it: I thought go along, by a party who was before or about the sa.me time mixed at some future day the case mi~ht be brou~:ht up and the question asked who was in charge of that. up with thi~t same Brooks, of the fum of Parkman & Brooks, in a dis- -By Mr. STENGKR: reputable swindle of the Treasury Department with a certain seal- lock, with which they swindled the Government out of thousands and Q. The warrant was dated the 7th f .A.. The warrant was dated on the 7th of Febrnary, and the account.wN. brought thous:mds of dollars, and therefore the Secretary of the Treasury in to me to be examined and passed and entered on my book on the 9th, two days should have been upon his guard, unless he was a party to the steal, afterward. for I can call it nothing 1~. This petition was referred to Mr. So- By the CHAIRlL\N: licitor Banfield, the only person who, in the language of the SecretarY,, Q. Proceed now .w ith the history of the case • could be called ''the proper accounting officer of the Department," to .A..• .A.bout a. week after that Mr. Lockwood came in and laid down on my desk give an opinion upon such a subject. Mr.Banfield gave the matter his another account of Parkman, Brooks & Co. I didn't know that was goino- throuj!h. I immediately got up from my desk and told Mr. Lockwood that I wo;:id noither attention and had prepared a letter givin~ in full his reasons for examine nor pass that account, nor enter it on my book. Says I, "There i8 the deciding against Mr. Roddy's claim, but which had not yet been for- book; you can enter it yonraelf." .And it is entered in Mr. Lockwood's hand- warded to the Secretary of the Treasury, when on the 28th of J anu- writing. ary, 1874, he received the following polite note from Mr. Sawyer, the Q. It is entered f A.. Yea, sir; it is the only case in 1he book that is entered by Mr. Lockwood, or Assistant Secretary of the Treasury: any oue else but myself. I declined even to enter that account. ~.B~~D: . 0. Lockwood held what position 7 . Please return the Roddy claini. and papers, and oblige yonra~,...very trnlyf J... He was then chief clerk. .!!·• .A.. SAWYER. Q. What was the amount of this last claim f Q. Twenty.fourthonsand dollars and odd. The first was $33,000 and some odd, Now, why was this claim taken out of the hands of Mr. Banfield and I think the next was $24,000; or it may have been vice verBa; I have forgotten now which. Those are about the two amounts. just at that timet Plainly for the reason that it had been discovered Q. .Any further facts within your knowlege about that matter~ that he was going to decide against it. There can be and there is no A.. No, sir; not that I know of, of my own knowledge. other reason given for the act. . By Mr. WILSO~: It was no sooner taken out of his hands than it was referred to a Q. What position did you say Lockwood held t Mr. William T. Haines, the Commissioner of Customs, whom the Sec- A. He was then chief clerk. retary designates as "the proper accounting officer of the Depart- Q. Chief clerk of what 1 ment." The only reason which I can see from the testimony why he .A.. Of the Commissioner of Customs. . 0.. .And he is now what! should be called that is that he had his mind made up to allow the A.. Deputy commissioner of customs. Mr. Lockwood was working under the in· claim before it was referred to him, as I think the testimony which I structions of the Commissioner. He could not do. otherwise. shall quote hereafter will abundantly prove; but on this particular Q. Under the instructions of Mr. Haines! point I desire now to read from the testimony of Mr. Joseph Burr, an .A.. Yes, sir. He was authorized to do what he did; he· could not help himself. Q. Wa8 he aware of the nature of the claim! · · employe of the Treasury Department at this time. He said: .A.. I presume he was. but his reply was that the Secretary had ordered it; the Question. Please state to the committee, if you can, who was the proper account- Secretary and .Assistant Secretary had ordered it. ing officer to pass upon the validity of these notes ~ · • Q. The Soo1etary of the Treasury¥ .Answer. There is no accounting officer that has that power. .A.. Yes, sir; it was approved by Rjcha.rdson. , Q. Do you .know, in fact, what officer it was that assumed t{) have that authority Q. .And the assistant had ordered itt and power¥ - .A.. F . .A.. Sawyer. the.A.ssista.ut Secretary, and also the Commissioner of Customs; .A.. I know who it was that reported that they were invaliu. so he had no one to go to. Q. State to the committee who it was. By Mr. STENGER: A. It was William T. Haines. Q. What was his position 9 Q. Could he not have done what yon did, and said he could not eut.eritf- .A.. Com.missioner of Customs. .1... I presume he could. Q. He was not any more bound to do it, was he, than you! I have read from page 38 of the testimony taken by said commit- .A.. I don't know as he was. Neither one of the accounts were signed by any tee, which I think sh8WS very satisfactorily that the reference of this clerk. matter to Haines was a mere arbitrary exercise of power on the part By Mr. WILSON: of the Secretary of the Treasury, and it might as well have been re- Q. The entry of it iu your book was not necessary to the payment of it f .A.. Not necessary to the payment; only recording. · · ferred, so far as the propriety of the thing is concerned, to any other By the CHAIIWAN: officer of the Treasury. The motive which actuated the Secretary, then, must be looked for somew1tere else than in the propriety of re- Q. You have been speaking now of the manner and mode in which the Parkman, Brooks & Co. claim was pasSed 1 ferring it to this officer. I think, however, before I get through I .A.. Yes, sir. shall be able to show from the testimony, in the most conclusive man- Q Do you know anything about a claim which was made as against this fund of ner, just the motive actuating all of the parties to this most infamous captured and abandonevernment. \ I ha.ve no disposition, Mr. Speaker, in this matter to go beyond It is not tJO be wondered at, Mr. Speaker, that deficiencies should what is required of a faithful representative of those wh