426 CONGRESSIONAL R.ECOR.D-SENATE. JANUARY 14, 

route from Newhall to Elizabeth Lake, California-to the Committee on the Postr-Office and Post-Roads. · Also, the petition T. D. A. Collins and 28 others, for the establishment of a post-route from Tulare City, via Hunsucker, Woodville, 

Herrick's Cross, and Deer Creek, to Plano, California-to the same committee~ 

By !-Ir. WILLIAMS, of New York: The petition of Mrs. J. L. Beman, L. M. Howe, and 72 others, of Crown Point, New York, for legislation to make eifective the anti-polygamy law of 1862-to the Committee on the Judiciary. 

By 1\fr. WRIGHT: The petition of l\Iary Byrd Dallas, of Tennessee, . widow of the late Commodme Alexander J. Dallas, United States 

Navy, that her pension may be increased to $50 per month, the amount 

originally granted, and for arrears of pem~ion-to the Committee on Invalid Pensions. 

IN SENATE. 

TUESDAY, January 14, 18"79. 

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. 

The Journal of yesterday's proceedings was read and approved." 

HO"t;SE BILLS REFERRED. 

The following billa, received yesterday from the House of Repre-

:aentatives, were severally read twice by their titles, and referred.to 

the Committee on Claims : A bill (H. R. No. 5i98) for the relief of Balaam A. Bridges, of Bartow County, Georgia; · A bill (H. R. No. 5799) for the relief of Sophia B. Moore, of New 

Berne, North Carolina; 

A bill (H. R. No. 5800) for the relief of Mrs. Julia Elliott; widow .&nd administratrix of Newell D. Elliott, deceased; and 

A bill (H. R. No. 5803) for the relief of William Johi:J.son and John 

R. Francis, of Edgar County, illinois. 

Tbe bill (.H. R. No. 1827) for the relief of D. W. McClnngJ of Woodsdale, Butler County, Ohio, was read twice by its title, and referred 

to the Committee on Military Affairs. 

The bill (H. R. No. 4186) confirming and vesting the title to a cer- tain tract of land in Burlington, Iowa, in the independent school 

6.istrict of said city was read twice by its title, and referred to the 

.Committeeion Private Land Claims. 

EXECUTIVE CO)fl\IUNICATIONS. 

The VICE-PRESIDENT laid before the Senate a com~unication from the Secretary of War, transmitting, in compliance with the river 

and harbor act of June 18, 1878, a letter from the Chief of Engineers .and a report from Major G. K. Warren, of the Corps of Engineers, of ·the resuits of examinations at Westport Harbor and at Wood's Holl, 

Massachusetts; which was referred to the Committee on Commerce, 

.and ordered to be printed. 

He also laid before the Senate a communication from the Secretary 

of War, transmitting, in compliance with the river and harbor act of 

J nne 18, 1878, a letter from the Chief of Engineers and a report from 

S. M. Mansfield, Corps of Engineers, of the results of a survey of 

Portage Lake, Michigan ; which was referred to the Committee on Commerce, and ordered to be printed. 

He also laid before the Senate a communication from the Secretary 

of War, transmitting, in compliance with the river and harbor act of 

June 18, 1878_, a letter from the Chief of Engineers and a report from 

Major D: C. Houston, Corps of Engineers, of the results of an exam-. ination of Wolf River, from Lake Poygan to Red River, Wisconsin; 

which was referred to the Committee on Commerce, and ordered to 

be printed. · • PETITIONS A1>.""D l\IE)IORIALS. 

Mr. FERRY presented the petition of Alfred A. Miller and 53 others, 

citizens of Blissfield, Michigan, praying for the passage of the uill ~H. R. No. 4234) granting arrears of pensions ; which was ordered to 

lie on the table. 

:Mr. CHRISTI.A.NCY presented the petition of !\-Irs. E-v-a Hamill and 

2,000 other gentile ladies, of Utah Territory, praying for the passage 

of an act making effective the anti-polygamy law of 1862; which 

'Was referred to the Committee on the Judiciary. . Mr. BUTLER presented the petition of the trust.ees of the Washington street Methodist church, of Columbia, South Carolina, praying compensation for property destroyed by fire dnril).g the late war, 

.and alleged to have been destroyed by United States soldiers; which was referred to the Committee on Claims. 

Mr. VOORHEES. I pre ent the petition of David T. Land and 40 

.others, citizens of Rockport.; Indiana,· praying for the pa-ssage of the 

bill (H. R. No. 4234) granting nrrears.of pensions, which, as they 

allege, is intended to cancel the obligation of a just debt resting on the country and in accordance with the fulfillment .of a contract of .the Government when our citizen soldiers entered the service. I move that the petition lie upon the table. 

The motion was agreed to. 

11Ir. VOORHEES presented the petition of W. W. Hunter and others, .citizens of Somerville, Indian~, praying for the passage of the bill 

(H. R. No. 4234) granting arrears of pensions; which was ordered to 

lie on the table. 

Mr. MO~GAN presented the petition of James L. 'Villiams, of Clay County, Alabama, praying for the passage of an act authorizing the 

Commissioner of the General Land Office to issue to him a patent to 

certain land in that State· which was referred to the Committee on Public Lands. 

Mr. McPHERSON presented the petition of William G. White and 

others, citizens of Vineland, New Jersey, praying for the passage af 

the bill (H. R. No. 4234) granting a1-rears of pensions; which wa ordered to lie on the table. · Mr. WALLACE presented the petition of Emma M. Barboc and 

other ladies, of Buffalo Valley, Pennsylvania, and the petition of 

Sarah J. Reiten bach and other ladies, of Buffalo Valley, Pennsylvania, 

praying for the passage of an act making effective the anti-polygamy 

law of 1~2; which were referred to the Committee on the Judiciary. 

1\Ir. WINDOM presented the petition of John Millington and others, 

citizens of Summit Lake, Minnesota, prayin~ for the passage of the 

bill (H. R. No. 4234) granting anears of pensiOns; which was ordered 

t{) lie op the table. · Mr. ARMSTRONG. presented the petition of Robert Brady and others, 

citizens of Jefferson County, Missouri, praying for the passage of the 

bill (H.R. No. 4234)granting arrears of pensions; which was ordered 

to lie on the table. 

Mr. PADDOCK presented the petition of Henry Storm and others, 

citizens of Nebra.ska, praying for the establishment of a mail-route 

from· Keya Paha, Holt County, Nebraska, to ·Rosebud (Spotted Tail 

agency) in that State; which was referred to the Committee on PostOffices. and Post-Roads. 

He also presented the petition of John B. Drew and others, citizens 

of Holt County, Nebraska, praying for the extension of a mail-route 

to a point thirty miles w:est of Keya Paha, and for the establishment of 

five new post-offices on said route; which was referred to the Committee on Post-Offices and Post-Roads. 

He also presented the petition of A. Jones and others, citizens or Nebraska, praying for the discontinuance of the mail-route from 

Arcadia to Kent, and the extension of the mail-route from The Forks 

to Kent in that State; which was referred to the Committee on PostOffices and Post-Roads. 

He also pr~ented t.he petition of Seth Motley, of Nebraska, praying for the establishment of a post-route from Grand Island to 

Hastings in that State; which was referred to the Committee on Post-Oflj.ces and Post-Roads. 

He also presented the petition of A. G. Kendall and others, citizens 

of Nebraska, praying for the establishment of a post-route from Saint 

Paul to Jacksonville, Greeley County, in that State; which was re- ferred to the Committee on Post-Offices and Post-Roads·. He also presented the petition of W. J. Whiting and others, citizens o£ N'ebraska, praying for the establishment of a }lOSt-route from 

Spring Valley to Nelson in that State; which was referred to the 

Committee on Post-Offices and Post-Roads. 

He also presented the petition af P. M. Gall and others, citizens of 

Nebraska, praying for the establishment of a post-route from Kearney to Sweetwater in that State; which was referred to the Committee on Post-Offices and Post-Roads. 

He also presented the petition of Edward S. Towle and others, citi- zens of Nebraska, praying for the establishment of a post-route from 

Falls City to Brownville, in that State; which was referred to the 

Committee on Post Offices and Post-Roads. . He also presented the petition· of IraP. Conger and others, citizens 

of Nebra-ska, praying for the establishment of a post-route from Syra- cuse to Tecnmseh, in that State; which was referred to the Committee on Post-Offices and Post-Roads. 

The VICE-PRESIDENT presented resolutions adt>pted at a conven- tion ofmerchants, manufacturers, and other businessmen, held at Chicago, Illinois, November 12, 1878, for the promotion of American com- merce, in favor of such legislation as will seonre the development of commerce wUh other countries and promote the opening and improvement of such lines of transportation by land and water as are of 

general and national importance. 

The VICE-PRESIDENT. This communication comes to the Chair 

in duplicate, and so much of it as ref~rs to the subject-matter of com- mm:ce is referred to the Committee on Commerce, and so much as re- lates to the matter of railroa-ds to the Committee on Railroads. 

Mr. WAD LEIGH presented the petition of Harriet Flagg, of Dover, ~ew Hampshire, praying to be allowed a pension; which was referred 

to the Committee on Pensions. 

Mr. COCKRELL pre"sented additional papers and affidavits in support of the bill (S. No. 1535) for the relief of George Heard; which was referred to the Committee on Public Lands. 

Mr. INGALLS presented the petition of Henry B. Taylor, of Mooers 

New York, prayjng for the passa~e of the bill (S. No.1500) to amend 

the laws relative to pensions; wnich was referred to the Committee 

on Pensions. 

Mr. BRUCE presented the. petition of Charles A. White, late first 

lieutenant Company I, Thirteenth Pennsylvania Cavalry, praying to 

be allowed arrears of pension; which was referred to the Committee on Pensions. REPORTS OF CO)fbfiTTEE • 

Mr. COCKRELL. The Committee on Military Aftairs to whom wa-s 
1879. CONGRESSIONAL RECORD- SENATE. 427. 

referred the bill (H. R. No. 591) for the relief of James Smith, late first 

lieutenant Company F Forty-sixth Missouri Infantry, have duly con- sidered the same, and have instructed me to report it adversely and 

recommend that it do not pass. I ask that the report be printed and 

the bill placed on the Calendar. 

The report was agreed to, and ordered to be printed. 

Mr. COCKRELL, from the Committee on Military Affairs, to whom was referred the bill (S. No. 1540) for the relief of Emanuel Klauser, 

reported it without amendment, and submitted a rep-ort thereon; 

which was ordered to be print-ed. 

He also, from the same committee, to whom was referred the bill 

(H. R. No. 556) for the reliefof.James A. Bile, of Lewis County, ~Iissouri, renorted it without amendment, and submitted a report thereon; 

which was ordered to be printed. 

Mr. BURNSIDE, from the Committee on .Military Affairs,.to whom was referred the bill (H. R. No. 521) for the relief of Thomas F . .Alexander, of Illinois, reported it without amendment, and submitted a report thereon· which was ordered to be printed. 

Mr. \VINDOii. I ask leave to report back from the Committee on Appropriations a letter from the Secretary of War, communicating 

information in relation to the surveys in the territory west of the 

Mississippi River and recommending appropriations for continuing 

the same. I move that it be printed and recommitted to the Committee on Appropriations. 

The motion was agreed to. 

Mr. DORSEY, from the Committee on the Dist1·ict of Columbia, t.o 

whom was referred the bill (S. No. 1529) to authorize the commission~ 

ers'hf the Di trict of Columbia to adjust aml fix: the water-rates within 

said District, reported it with an amendment. 

Mr. DORSEY. I am directed by the Committee ou the District of 

Columbia to report back a draught of a bill making a permanent appropriation for the payment of the interest on the funded debt of the 

District of Columbia and ofthe cities of Washington and Georgetown, 

and for the grauual redemption thereof, and for other purposes, together with certain communications from the Secretary of the Treasury. This bill was prepared at the Treasury Department, and tho 

Committee on the District of Columbia think it ought to go to the 

Committee on Appropriations. I move that the Committee on the 

District of Columbia be discharged and the subject referred to the 

Committee on A.ppropciations. • The motion was agre~d to. 

Mr. SPENCER, from the Committee on Military Affairs, to whom was referred a letter from the Secretary of War recommending legislation to permit the appointment of William English, late a cadet, to a secon·d lieutenancy in the Army, submitted a report thereon, accom- panied by a bill (S. No. 1611) authorizing the appointment of William 

En"lish to a econd lieutenancy in the Army. . 'l~e bill was read twice by its title, and the report was ordereu to 

be printed. · Mr. PLUMB, from the Committee on .Military Affairs, to whom was referred the bill (H. R. No. 4190) for the relief of William H. Baldwin, 

reported it without amendment and submitted a report thereon; 

which was ordered to be p1inted. 

BILLS INTRODUCED. 

Mr. SAUNDERS (by request) asked, and by unanimous consent ob 

tained, leave to introduce a bill (S. No .. 1612) to provide for punishing persons who steal horses, mules, and other property from the 

Indians; which was read twice by its title, and referred to the Committee on the Judiciary. . Mr. HARRIS asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 1613) for the relief of the Louise Home; which was read twi-ce by its title, and referred to the Committee on the District of Columbia. 

Mr. WALLACE asked, and by unanimous consent obtained, leave 

to introduce a bill (S. No. 1614) to provide for the recomputation of 

the accounts between the United States and the several States, and 

between the United States and the city of Baltimore, growing out of 

moneys expended by the several States and the said city of Balti- more in the war of 1812 with Great Britain ; which. was read twice 

by its title, and referred to the Committee on Appropriations. 

Mr. SARGENT asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 1615) relating to the tax upon the deposits in 

savings-banks; which was read twice by its title, and referred to the 

Committee on Finance. 

Mr. MATTHEWS asked, and by unanimous consent obtained, leave 

to introduce a bill (S. No. 1616) for the relief of Faran & McLean; 

which was read twice by its title, and .referred to the Committee on Finance. 

Mr. MORGAN asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 1617) for the relief of the estate of George M. 

Hamner; which was read twice by its title, and referred to the Committee on Claims. . Mr. BUTLER asked, and by unanimous consent obtained, leave to 

introduce a bill (S. No. 1618) to make appropriation for the continuation of the work on the jetties in Charleston Harbor; which was read 

twice by its title, and referred to the Committee on Commerce. 

Mr DENNIS (by request) asked, and by unanimous consent obtained, 

leave to intrqduce a bill (S.Ko. 1619) for the relief of John H. Sothoron; which was read twice by its title, and referred to the Committee on the Judiciary. 

Al\IE'XD:\IESTS TO POST-ROtJTE BILL. 

:Mr. PAD DOCK and Mr. WALLACE submitted amen aments intended to be proposed by them, respectively, to the bill (H. R. No. 

5218) to establish post~ routes herein named; which were referred to 

the Committee on Post-Offices and Post-Roads. 

PRINTIXG OF GEOLOGICAL SURVEYS. 

.Mr. CHAFFEE submitted the following concurrent resolution; 

which was referr&l to the Committee on Printing: 

Resol~:ed blJ the Senate of the United States, (the House of Representatives concur- ring therein.) That there shall be printed as issued 5,000 copies of each of the 

quart!> reports and accompanying topog1-aphical and geological atlas sheets of the Unit~ States ~eogra.phical f!Dr'\"evs west of the one hnnuredth meridian, under 

the En!!ineer Bureau of the War Department, and in charge of First Lieutenant 

George M. Wheeler, Corps of Engineers; 3,000 co .pies for the House of Representatives, 1,000 copie1:1 for the Senate, and 1,000 cop1es for the use of the 'Var De· partment; the printing from the stereotype plates and binding to be done by the 

Government Printer, and the style of the text, together with the accompanying 

plates, maps, and atlas sheet.s tO correspond witli those now printed, the latter 

from proofs corrected and approved at the office of the Uni'ted States geographical 

surveys. 

ARl\IY REG ULATIOXS 01!' 1863. 

l\Ir. ALLISON submitted the followingconcnrrentresolution; which was referred to the Committee on Printing : 

Resolud by the Senate. (the House of Representatives co1u;urring.z) That there ..be 

Winted 1,500 copies of the Army Regulations of 1863; 500 copies tor the use of the :senate and 1,00U copies for the use of the House. 

PLANS FOR DISTRICT SEWERAGE. 

On motion of Mr. ANTHONY, it was 

Ordered, That the Public Printer be, and he hereby is, authorized to print a sufficient number of the maps and drawings accompanyin,~r Senate .Miscellaneous Doc- uments 11, 19, 25~ to stitch into the reserve number of said documents for the file 

of the Senate ana House. 

NARRATIVE OF POLARIS EXPEDITIO:Y. 

1\Ir.ANTHO~-ry submittedl.hefollowingconcurrentresolution; which was referred to the Committee on Printing: 

Resolved, (the House of Representatives concurring.) That there be printed 1,000 

copies of the Narrative of the Polaris Expedition for sale by the Public Printer, 

under the direction of the Joint Committee on Printing; at the cost of publication 

with 10 per cent. added thereto. . ' 

RAILROADS IX ARIZOXA. 

Mr. BUTLER submitted the following resolution; which was con- sidered by unanimous consent, and agreed to : 

Resolred, That the Secretary of the Int~ior be, and "he is hereby, directed to inquire and report to the Senate at as early a day as practicable what railroad com- pany, individual or individuals, if any, are constructing or building a railroad 

through the public domain in the Territory of Arizona, and under and by what 

authority the same is being constructed or built. 

THE CALENDAR. 

l\Ir. ANTHONY. We are far into the closing session of the present 

Congre s, and there are many bills upon the Calendar that are unobjected to, which have gone through all the preliminary stages of legislation, and many of them have passed the House of Representatives. 

I think it is time that we shor.ld take them up. I therefore offer the 

following resolution: 

Resolved, That on Friday next, at one o'clock, the Senate will proceed to the 

consideration of the Calendar, and bills that are not object~d to shall be taken up iB their order, and each Senator shall be entitled to speak once, and for five min- utes only, unless, upo~ motion, the Senate should at any time otherwise order; and 

the objection may be interposed at any stage of the proceedings. 

By unanimous consent the Senate proceeded to consider the res- olution. 

MI·. DAVIS, of West Virginia. 'Qle Senator from Rhode Island 

Cloes not propose to interfere with the appropriation bills, I take it f 

Mr. ANTHONY. Certainly not. 

Mr. DAVIS, of West Virginia. I make the inquiry because the chair- man of the Committee 01.1 Appropriations is not in his seat at present. 

Mr. ANTHONY. Nothing interferes with appropriation bills here. 

Mr. WITHERS. I call the attention of the mover of the resolution 

to what I consider a. defect in it, and that is permitting an objection 

to be interposed at any time during the progress of the bill. It seems to me if an objection is to be interposed at all, it ought to be at first. 

After the Senate.shall have taken up a bill and possibly considered 

it for an hour under the five-minute rule it is to be placed in the power 

of a Senator then to interpose an objection and cause the bill to go 

over, as I understand the resolution. 

Mr. ANTHONY. That is the way the rule has always been observed. The objection, if there is objection, would naturally be made 

at the beginning; but if it is found that a bill is to occupy the whole 

day, it is better to postpone it eyen after half an hour or an hour 

spent in its consideration than to let it go on till the adjournment. 

Mr. WITHERS. I think it likely to produce a necessarily greater 

consumption of time than the rule I suggest. That is my impression. 

Mr. ANTHONY. That is the way the rule has always been observed, and I think it has given bett-er satisfaction to the Senaw than 

if the rule required the objection to be confined to the beginning of 

the consideration of a bill. 

The resolution was agreed to. 
-428 JANUARY 14, 

BE~. HOLLADAY. , i PERSO:XAL E."'U'LA....~ATION. . ~. Mr. )llTCHELL. I desire to give notice of my intention to call DE~~S. I ~h to s~te ~hat ~y colleague [Mr. WHYTE] is 

np the bill (S. No. 1398) for the relief of Ben. Holladay at a very early ed at home by sickness rn h1s family. · 

day. I desire to premise the notice by a remark or two, if the Sen- ADV A...'\CE.1IE~T oF AGRICULTURAL INTERESTS. 

ate will indulge me. I shall make a single remark, as I do not wish DAVIS, of West Virginia. Mr. President, I move to take up 

to detain my friend from \Vest Virginia, [Mr. DAVIS,] who has given the concurrent resolution offered byrne early in December, in relation 

notice that he will occupy the floor at the conclusion of the morning to the advancement of agricultural interests. 

business. The motion was agreed to; and the Senate proceeded to consider 

The memorial of ~lr. Holla-day wa.s before the Committee on Claims the following resolution submitted by Mr. DAVIS, of ·west Virginia, 

at the :first session of this Congress. On the 26th day of November, December 4, 1878: 

1877, the committee submittecl a report to the Senate sending the ca.se Whereas agriculture is the foundation of nearly all our wealth and it is mainly 

to the Court of Claims; but after a discussion of some two or three through the exportation of its products that we are payin~r off our large ind_ebteddays at different times in the Senate, the Senate recommitted the case ness, foreign and domestic, and have the present large "balance of trade m our 

' · b th d t• f th f ll · cr • I t• · • favor; and to the comrmttee Y e a op lOD 0 e 0 owrno reso u IOn· Whereas although about one-half of the people of this country are engaged iR 

Resolved, That the bill referring the claim of Benjamin Holladay to the Court of agricultural pursmts and all other interests are dependent upon this, our leading Claims be recommitted to the Committee on Claims. with instructions to report to and most important interest, commercial and otherwise, yet but little bas been don& 

the Senate what amount, if any, is equitably due the claimant on account of his by the General Government to promote agriculture, while other less general and 

claim ; and the said committee shall ha;ve power to send for persons and papers important interests ha>e been largely aided: Therefore, 

and take testimony. Resolved by the Senate, (the House of Representatives concun·ing,) That tho com- mittees on agriculture of the respective.Houses be, and they are hereby, instructed 

Under that instruction the"Committee on Claims has investigated to consider generally the subject of agriculture, and report, by bill or otherwise, .:~~~ f 1 · h t what can or ought to be done by the General Government to better ·a.dcvance, en- this claim thoroughly' and in a manner UilJ.erent rom any .c aliD. t a courage, and foster agricultural interests, and that said committees shill have tbs 

has ever been investigated by that committee since I have been a mem- power to send for persons and papers. 

ber of it; that is to say, it called witnesses and examined them under :Mr. DAVIS, of West Virginia. Mr. President, in inviting the attenoath. On the 13th of June, 1878, in compliance with the instructions tion of the Senate to this resolution and asking its pa.ssage I feel 

of the Senate, the Committee on Claims reported a bill to the Senate, that there is no subject of more importance and more moment to thewhich is on the Calendar. I think it is but due to this claimant that country, none around which so many interests cluster and in which sO> 

the bill should be taken up at an early day and considered in the Sen- many center, as American agriculture. · 

ate; and I give notice of my intention to call it up at a very early day· It is a subject so broad, so national, so unit·ersal, so 110n-part~an, soHESRY c. DE ~A. non-sectional, so jar-1·eachi11[J in its effects and important in its results,. 

that it should at once command the patient attention of all, and in 

Mr. DAWES. I call up now the bill which I reported yesterday from its consideration party feeling and party passion should ha>e no_>oice. 

the Committee on Finance, and ask for its present consideration. It The country has been, and is, weighed down with a heavy national,. 

will take but a moment. State, municipal, and individual debt, held at home and abroa.U, theThe VICE-PRESIDENT. The Senator from West Virginia [Mr. interest and principal of which must be paid; business has ,been, 

DAVIS] has given notice several times that on this day, at the con- and is, depressed; commerce languishes; confidence is destroyed~ 

elusion of. the business of the morning hour, he would submit some altnost numberless remedies e.nd suggestions have been ,proposed t() 

remarks to the Senate. The Chair feels bound to recognize that Sen- bring relief and restore prosperity, but, in the prolonged stagnation, 

ator. most all have failed and are distrusted. 

:Mr. DAWES. I shall not-interfere with the Senator from West Vir- This resolution is not brought forward as n, panacea for all our ills 

ginia. The Committee on Finance instructed me to ask the indul- and the only safe road out of onr troubles, but it is claimed that for 

gence of the Senate for a moment for the passage of this bill, as there what has been done in the past to bring relief, and for whatever of are pe~nliar circumstances requiring final action at once. I do not light and hope there is ahead of us, the country is mainly indebted 

think it will take a moment if the Senator from West Virginia will to agriculture; and if anything can be done to stinmlate and better 

indulge me. I shall not interrupt the Senator if he objects to it. promote this great national interest, the greatest of all, it will not 

Mr. DAVIS, of West Virginia. At the solicitation of several Sen- only continue largely to aid in bringing relief and rest-ore prosperity, 

ators I feel that I must give way; but if the bill should lead to any but remain a lasting and substantial benefit to the country in the 

debate, of course the Senator from Massachusetts himself will with- future. 

draw it and allow me to proceed. • Mr. DAWES. I will. . 

There being no objection, the Senate, as in Committee of the Whole, 

proceeded to consider t.he bill (S. No. 1592) for the relief of Henry 

C. De Ahna, late collector of customs at Sitka, Alaska. It directs the 

proper accounting •fficers of the Treasury, in the settlement of the 

accounts of Henry C. De Ahna, late collector of customs at Sitka, 

Alaska, to allow, in addition to the salary and fees to which he is 

entitled under existing law, the further sum of 3,500 in full compenation for all expense incurred and losses sustained by him in traveling to and from Alaska and in obtaining and furnishing the Treasury 

Department with reports concerning the condition of public affairs in 

that Territory. 

The biU was reported to the. Senate without amendment, ordered 

to be engrossed for a third reading, read the third time, and passed. 

JA-\IES CHESXuT. 

Mr. BUTLER. )Jy friend from West Virginia has consented to 

allow me to call up House bill No. 5503. 

By unanimous consent the Senate, as in Committee of the \Vhole, 

proceeded to consider the bill (H. R. No. 5503) to remove the political disabilities of James Chesnut, of South Carolina. 

The bill was reported to the Senate without amendment, ordered 

to a thi1'd reading, read the third time, and pas ed, two-thirds of the 

Senate concurring therein. 

PRESIDE~TIAL APPROY ALS. 

A message from the President of the United States, by Mr. 0. L . PRUDEN, one of his Secretaries, announced that the President had on the 13th instant, approved and signed the followin~ act : · An act (S. No. ) for the relief of Jame W. Ricnard and J. S. 

Brown & Brothers, of Denver, Colorado ; 

An act (S. No. 347) to remove the political disabilities of ~Ianning 

31. Kimmell, late of Cape Girardeau County, Missouri; 

An a-ct (S. No. 88-2) to authorize the proper accounting officer of the 

Treasury to audit and pay the claim of the State of Tennessee for 

keeping United States military prisoners; 

An act (S. No. 992) for the relief of Columbus F. Perry and Elizabeth H. Gilmer, of Chambers County, Alabama; and 

An act (S. No. 1244) for the relief of the legal repre entatives of 

George 'Villiams, dec.ease·d. 

D.IPORTASCE OF AGRICULTL"RE. 

It is impossible to measure, or even estimate, the importance of 

agriculture to a people. It is the foundation upon which civilization and society rest ; the basis and source of the permanent wealth 

of a nation. No people in history have made substantial progre sin 

civilization, the arts and sciences, and have remained long prosperous, 

if they neglected agriculture. It is the most universal of all arts, 

the parent of manufactures and commerce, and the basis of all other 

industries, and without which all others must decay and perish. 

In all countries, its rudest beginnings have marked the first steps 

in the emancipation of thepeoplefrom_barbarism and their approach t() 

civilization and organized society. This fact is fully established by 

annually appropl'iating and expending large sums and sending agents 

to induce the savage Indian to adopt farming instead of hunting for a living, and when successful much has been accomplished, and theIndian is 011 the hlgh road to become a good and useful citizen. 

Adam was the first agriculturist. We read in Genesis: 

And the Lord God took the man, a-nd put him into the garden of Eden to dress 

it and to keep it. 

In the earliest times the Egyptians were devoted to agricultural 

pursuits, and Egyptian civilization only took form and hape after 

her people learned to till the soil. 

The Israelites were one of the greatest agricultmal nations of an-· tiquity: nearly the w.hole people were engaged in agriculture; it 

constituted the chief source of their wealth. Nearly every Israelite- was a land-owner, and literally sat ''under his own vine and fig tree.'" 

Noah was a husbandman. Abraham had flocks. Job, in addition t() 

owning large herds and :flocks, had five hundred yoke of oxen, with 

which he plowed. Isaac was a farmer, and Jacob tended :flocks and 

herds. David was a farmer and also a shepherd. 

The Greeks, though possessing a sterile soil, gave great attention 

to agriculture. ROME .A.."\"D AGRICULTURE. 

In the early history of Rome the people were thoroughly devoted 

to agriculture, and were proud of it ; it was their chief source of 

wealth. They were a nation of farmers, and it was during the period they paid the most attention to agriculture that they enjoyed themost substantial progress, prosperity, and success. The state allotted 

to each citizen a certain parcel of land, and he who .was not content 

to _qwn' and till the land was deemed dangerous to the state and toociety. One could not hold office unless he was a land-owner and a 
.... 

1879. OONGRESSIONAL REC_ORD-SENATE. 429 

.cultivator of the soil; and it is a remarkable fact that th:e decline of 

agriculture, more than anything else, marks the decay and dissolution 

()f the Roman Empire. When her people neglected tilling the soil and 

tend"ing their herds, and depended upon the neighboring provinces for 

supplies and food, her glory began to depart. _ Cato, distinguished as a ~eneral, statesman, and orator, fpund time 

to write books upon farmrng. Cicero, the renowned and eloquent 

()rator, prided himself upon his agricultural attainments. The agricultural literature of Rome wa-s unsurpassed in its time, and is only 

inferior to that of. a few nations to-day. 

Cincinnatus was a farmer, and after havi~g been chief ruler of his 

country and one of its great generals, returned to his plow. He was called from thence to save his country a second time, and, having 

accomplished his high purpose, be returned to it again. 

In Spain, under the Saracens, followed by the Moors, agriculture 

reached a high state of~perfection, which baa not been surpassed in more modern times. The revenue from it alone amounted to $30,000,000 

per annum more than the combined revenue of all the other monarchs 

()f Europe at that time. During the dark ages, when the Goths, Vandals, and other barbarian conquerors overran nearly all Europe_, agriculture was not only neglected and abandoned but it sunk into the 

lowest condition of contempt. It seemed as if civilization had taken 

its flight and barbarism was about to claim the world. 

WHAT AGRICULTiffiE HAS ACCOMPLISHED. 

About the fourteenth century agriculture r~vived and the improvement and elevation of the lower and middle classes began, and, with 

its advance, has gradpally gone on all over the world. 

Agriculture started England on her high road to prosperity and the 

commercial supremacy which she has maintained in the worldforfi.ve 

hundred years. 

Through agriculture a large part of Holland was reclaimed from 

the sea,. and it is now the foundation of her great wealth and prosperity. • The people comprising the great German Empire, one of the most 

powerful of nations and respected all over the world, are largely. 

devoted to agriculture and are greatly indebted to it for their wealth 

and power. · . It has been the glory of France and the chief occupation of her 

people for centuries, and through it, though but a few years ago a conquered people and compelled to pay a war indemnity whose :figures are staggering, but which was paid in less time than any other nation ever paid so large an amount, to-day her people are proud, rich, and 

prosperous. 

It is agriculture that gives greatness to Russia and enables her to 

contend for supremacy in European affairs and carry ou her great wars. . Belgium and Switzerland, though small, owe their prosperity and 

importance largely to agriculture. 

Indeed, all history attests the fact that where a people have devoted 

themselves to agriculture they have beeu uniform!~ prosperous and 

progressive, while those nations and the people who have abandoned or "'ven neglected it have declined. 

The majority of all people, in all times and ages of the world, from 

the humblest to the highest, have engaged in agriculture. Presidents, 

emperors, kings, and nobles have not thought it a condescension to 

be farmers, but rather an honor and a credit. The greatest names in 

gur history have been those who were practical farmers and devoted 

to agriculture. "\Ve have been from the beginning, and must remain, a nation of farmers. 

WHAT WE OWE TO .A)IERICAX FAIDIEBS. 

From the time of the landing at Jamestown and Plymouth Rock, 

the American farmers have always constituted the advance guard and 

the largest part of that grand army of progress and liberty which in 

its triumphant march in the face of dangers, trials, privations, and 

the cruelty of tbe savage has gradually subdued forests, crossed rivers, 

and climbed mountains, until civilization, society, churches, schools, 

and happy homes have been established from ocean to ocean and from 

the lakes to the Gulf. · The American farmers have laid the foundation of an empire on this continent, destined, largely through their efforts, virtues, industry, 

courage, and devotion to free government, to surpass in substantial 

glory, grandeur, wealth, progress, and prosperity all the nations of this 

world and the achievements of all history. 

Our liberties were conquered and our Constitution made mainly by 

farmers, and to them in any and every great crisis we must look for 

the safe-keeping and protection of both. 

As a rule the agricultural classes have always been devoted to liberty, peace, and good order, and the friends of established society and 

the enemies of disorder, wrong, change, violence, and unjust revolution; they constitute the reserve forces of conservatism in all governments, particularly in ours. The collection of large populations in commercial centers, by depleting the country, has a dangerous tendency. It is in the cities and 

these great centers that rings, strikes, frauds, trades unions, centralization, and consolidation are born, fostered, and best flourish, while 

in the agricultural districts the tendency is in the opposite direction. 

EMINEh"T MEN Al\1> AGRICULTURE. 

Washington, called from his farm to command the armies of the 

Revolution, having gained our liberties and started our Government 

in its grand experiment, against the unanimous entreaties of his conntrymen to remain in public life, returned to his farm at Mount Ver- non and superintended it until the close of his exemplary and patriotic life, nearly the last act of which was to ride over and inspect his 

various fields and give orders concernin~ the same. In a letter to Sir John Sinclair, Washmgton said: 

I lmow of \ll.O pursuit in which more real and important service can be rendered to any country than by improving its agriculture and its breed of useful ani.mal.s. 

And in his messages to Congress he more than once called attention 

to the great importance of agriculture. . General Jackson, in his fourth annual message to Congress, (December, 1832,) in speaking of agriculture, says: 

· The weAlth and strength of a country are its population, and the best part of 

that population are the culti..-ators of the soiL Independent farmers are every- where the basis of society and the true friends of liberty. 

Another great mind has said : "A virtuous and intelligent farmer 

has attained the highest estate of fallen man." 

Mr. Jefferson, when not attending to his public duties, spent most 

of his time upon his estate at Monticello. He said that agriculture 

wa{J the highest calling of man, the surest road and safeguard to a nation's prosperity and liberty. 

Mr. Webster, perhaps the greatest constitutional lawyer this country ever produced, was fond of agricultural pursuits, and spent all of his 

leisure time u.t Marshfield, where biB great mind found ample scope 

and occupation in attending to his farm and stock. 

Mr. Clay, that great patriot of the West, who knew noN orth, South, 

East, or West, spent much of his time at Ashland, and while there 

devoted his great talent to farming; and when permitted to retire 

from public life be returned to his farm. 1 

That able, pure, and great man, Silas Wright, when he retired from 

public life, went direct to his farm and gave his personal attention 

to its management; and \he last work of his pen was to write an a~ricultural addresf?, which he did not live to deliver. It is a proud 

dlStinction to agriculture in our country that it numbers among its 

advocates and followers such names as Washington, Jefters<m, Adams, 

Madison, Jackson, Webster, Clay, and Wright. 

Napoleon the },irst said that agriculture was the body and soul of 

the empire; and, in the height of his glory, he gave the subject much 

attention and encouragement, and established-in France a department 

oi' agriculture. 

Dr. Johnson remarks that agriculture not only gives riches to a nation; bot the only riches she can call her own. Prince Albert, a model farmer, said that agriculture waa the foundation of the social state. 

Gibbon says that agriculture is the foundation of manufactures, 

since the productions of nature are the materials of art. 

THE .ilTED STATES AXD AGIUCULTUilE. 

The following table presents the number of persons engaged in the 

different occupations in the United States at the last enumerations: 

Pop.nlation. 

Total over10 years ... _ . .. ___ ..•. "·---- . . Males in all occupations ------ ·--- __ ... . Agriculture .... -- ..•. -- -----.------- .. . Manufacturing and mining ...•.•....... Professional ;md personaL ...... ___ . ___ . Trade, commerce, and transportation. __ 

1870 (census.) 

Number. 

~. 228,945 

12,505,923 

5 92"2 471 

~ 707:421 

2, 684, 7!13 ~ 1!11, 238 

Per 

cent. 

47.35 

21. G5 21.47 

9.52 

um. 

Number. 

:l4, 000,000 

15,000.000 

7, 600,000 

2, !100, 000 

3, 000,000 

1, 5001000 

Per 

cent. 

!;0.66 

H.l.33 

20.00 

10.00 

The census of 1870 gives an aggregate valne of all personal and real 

property for that year of $29,82'2,535,140.· 

The agricultural interest being valued at 3· per cent. of all others 

combined the value of farms and property is 11,12-1,9i>9,037. Value of farms, 1870 .. ___ ... ___ . . ... __ .. ____ ... _ .. _ ·9, 262, 803, 861 

Value of farm animals,·! 70·----· ------·----· ·----- 1,52iJ,27G,747 Value of farm implements, 1S70 . ___ ... _ ... ___ .. ___ . 336, 879,429 

Total .. ---..•• -••. ----... ---.. -.-...•• -.. . . . . ll, 124, 9i>9, 037 

In the United States about half or twenty-three millions of the 

people are engaged in agriculture. It is the fundamental business of 

the country, the leading commercial interest, and the most important 

home industry. We are a nation of farmers, and because of tile Y::tst area of our soil and its great fertility we must remain so. Our agricultural products not only support our people, but pay for what we buy abroad; tl!ey furnish our greatest source of revenue, and to them we are indebted for the balance of trade now being largely in our favor, and that our bonds and other indebtedness heltl abroad are so rapidly coming home. Ordinarily upon the results of our crops hinge our prosperity for a given year or period. If the crops are good, 

business is good; if short, business is dull. 

The crops exert a controllirig influence upon the moneyed operation. 

of the people at home and abroad. The bankers, manufacturers, aml 

merchants, in fact all classes of business men, watch if possible with more interest and concern the growth and gathering o:fthe crops than 

the farmer who sows and reaps them. Mr. Jefferson declared that 

one-half of our old war debt was paid through the produots of n.gri-
II

 

430 CONGRESSIONAL RECORD- SEN ATE. JANUARY '14 ,. ' 

culture, and it is through them mainly that our new war and other The annual production and value of cereals for the ten years end- , debts have been and must be paid. If the farmers for a given year ing 1877 are given in the following table from official sources: should only raise enouah for their own support the consequences to THE CEREAL CROPS OF THE miTrED STATES. . the other classes wonl be almost ruinous; and if the crops should Statement showing the annual production, acreage, total 1;alue, value pe)• al:>solutely fail for a year the ruin and the starvation that would follow 

would be beyond description. bushel, yield per acre, and value per acre of the cereal crops of the United 

We have rich gold and silver mines, inexhaustible iron, coal, cop- States, ft·ont 1868 to 1877, incluBiv6. 

per, and lead mines, great salt and petroleum wells, large forests of COR..V. 

timber; but none of these, nor all combined, are equal to agriculture. 

Value Av'g& Not only are the people of the United States interested in American Total Total value A..v'ge value agriculture and dependent upon it for support, for revenue, and for Yea:r. production. Total area. of crop. per per per \ prosperity, but the whole world, because America is the granary of the • acre. acre. acre. 

world. ------ In the United States a more general and better interest is being Bushel$. Acres. Oents. Bush. 

awakened in agriculture; its importance is fast beqoming better un~ 1868 .•••• _ 906, 527. 000 34,8 7, 246 $569, 512, 460 62.8 25.!J 16 3"2 

derstood and appreciated; the people are beginning- to learn and " 1869 ...... 847, 320, 000 37,103,245 658, 53-2, 700 75.3 23.5 17 74 1870 .... -- 1, 094, 255, 000 38,646,977 601, 839, 030 54.!) 28.3 15 57 understand that mainly to agriculture, now and in the great future, 1871. ..... 991, 898, 000 34,091,137 478,275, !JOO 48.2 29.1 14 0'2 we must look for our prosperity as a nation. It is not so much dis- 1872 ...... 1, 092, 719, 000 35,526,836 435, 149, 290 39.8 30.7 12 24 

credited and abandoned for the overcrowded professions and cities, 1673 ...... 932,274, 000 39, 1!J7, 148 447, 183, 020 48.0 23.8 1141 

for mercantile pursuits, and for clerkships now as in times past. 1874 ...... €50, 148,500 41,036,918 550, ().13, 080 64.7 20.7 13 40 1875 ...... 1, 321, 069, 000 44,841,371 555, 445, 930 42.0 29.4 12 38 The following fi~ures, taken from official sources, will serve to show 1876 .. ." ... 1, 283, 827, 000 49,033,364 475, 491,210 37.0 26.1 9 69 what agriculture as done and is doing for the country: An ofticial 1877 ...... 1. 342, 558, 000 50, 36!), 113 480, 643, 400 35.8 26.6 954 

statement of the Treasury Department, dated January 1, 1879, shows ------------------------ that- Total ... 10, 689, 595, 500 404, 733, 355 5, 252, 116, 020 ........... ............... ........ ........ ====-:-==-== = ::= ==== --------- The imports for the twelve months ending November Average. 1, 068, 959, 550 40,473,335 525, 211, 602 49 .. 1 26.4 12 97 

30, 1877, were ........ ---··· ......... ·---·· ------ .. $48'2,292,9 4 

And for the twelve ntonths ending November 3~ 1878, WHEAT. 

were . . • . . . . . . . . . . . . . • . . -• ~. . . . . . . . . .. . . . . . . • ..... 430,661,99 

1€68 .... ~. 224, 036, 600 18, 460, 132 1 319, 195, 290 142.4 12.1 17 29 

Decrease of imports ... _ •................. _. __ ...• 5'1.,630,986 1869 ...... 260, 146, 906 1!J, 1 1, oo4 I :!44, 9'24, 120 94.1 13.5 12 76 1870 ...... 235, 884, 700 18, !J92, 5!J1 245, 805, 045 104.2 . 12.4 12 94 

The exports for the twelvemonths ending November 30, 1871. ..... 230, 722, 400 19,943, 93 290, 411, 820 12.;. 8 11.5 14 56 1872 ...... 249,997,100 20,858,359 310, 180, :175. 124.0 11.9 14 87 1878, were. . . . . . . . . .• --......... _. . . . .... _. . . ..... 739,971,739 1873 ...... 281, 254, 7~~ 22, 171,676 323, 594,805 115.0 12.7 14 59 

And for the twelve months ending November 30, 1877, 1874 ...... 308,102, 70 24, !)67, 027 291, 107, 895 94.4 12.3 1166 

were ...... ___ ... --- - 623,016,613 1875 .•.•.. 292, 136,000 26,381,512 294, 580, 990 100.0 11.0 1116 ·----· ..... ·----.... ---· -··- ....... 1876 .. -- .. 289,356,500 27, 6~7. 021 300, 259, 300 1D.I. 7 10.4 10 86 ------ 1877 ...... 364, 194, 146 26,277,548 394, 695, 779 10.2 13.!) 1'568 lrrcreaso of e::q>orts.... . .. . .. .. . .. . .. . • .. ........ 116,955,126 -------- --·- ------ ==--== Total ... 2, 735, e31, 746 22-t, ~· 768 I 3, 014, s 1s, 419 · · ··· ··- ..... . . .. -····-- The exports for the twelve months ending November 30, Average. 273, 583, 174 22, 4 6, 076 1 301, 481, 541 . ll0.2 ! 1~ 13 4.0 1878 . -. --.. --- -. -.. - . - - -.. --. -. . -. -- -. -.• -... ---•. 739,971,739 

The imports for the same period .................... ·: 430,661,998 RYE. ------ Exports over imports···-·····-···----- ........ · 309,309,741 1868 ...... 22,504,800 1, 651, 321 28,683,677 127.4 13.6 17 37 This is a good showing in round numbers during 1878. We bought 1869 ...... 22,527,900 1, 657,584 21,877,294 97.1 13.5 13 19 $5,000,000 less and sold $116,000,000 more than we did in 1877, and we 1870 ..... - 15,473,600 1, 176, 137 12,612, 605 81.5 1:l. 1 1l 72 

sold ~09,000,000 more than we bought. This is principally owing to 1871 .••••. 15,365,500 1, 069, s:n 12,145,646 79.0 14.3 10 35 

agriculture. 1872 ...... 14,888,600 1, 048,654 11,363,693 76.3 14.1 10 ~3 

1873 ...... 15, 142,000 1, 150, 355' 11,548,126 76.2 13. 1 10 04 The following table, taken from the official report of the Bureau 1874 .. -- .. 14,990,900 1, 116,716 12,870,411 ~. 8 13.4 11 52 of Statistics, dated September, 1878, speaks well for agriculture: 1875 .~ .. -- 17, 72-2, 100 1, 359,788 13,631,900 76.9 1:1.0 10 02 1876 ...... 20,374, spo 1, 468, 374 13, 635, :26 66. !l . l:l. 8 9 2 tat-e-meut shou;ing the value a-nd pet·centage of agricultural products (in - 1877 ...... 21,170,100 1, 4t:!, 902 12, 542. 893 I 59. 2 14.9 887 

eluding p1·oducts of the forest) exp01·ted front the United States for each ---- year f1·ont 1850 to 1878. TotaJ. .. . 180, 160, 300 13.111, 362 150, !J12, 073 .. . . .... 

Average. 18,016, 030 1, 111, 130 15, O!J1, 207 I 83. i 13.7 11 51 ft • ~e -~~:3 r:nP< ~p~ OATS • -- .... -ga '"'= Total domes- 0~ o'"'c 

<ll ~'t;) Year ending June 30- tic exports. ~~ .s~~!3 1868 .••••. 254, 960, 600 9, 665,736 142, 484, 910 55.!} 26.3 14 74 ... p . 1869 ...... 288, 334, 000 9, 461,441 137, 347, 900 47.6 30.4 14 51 o"' @ ;:;~ ~ 

'lfi~ c~...,.~ 1870 ...... 247, 277, 400 8, 702,395 107, 136, '110 43.3 21.1 12 18 

s e.s ~ 1871. ..... 255, 743, 080 ,365,M9 102, 570, 030 40.1 30.5 12 26 ~=-o H . 1872 ...... 271,747,000 !l, 000,169 91,315,710 33.6 30.1 19 14 I 

1873 ...... 270, 3-10, 000 9, 751, 7JO 101,175,750 37.4 27 .7 10 31 

1850 ------ ... --- ··------........ ---.- .... --. 136, 946, 912 $123, 825, 808 90.44 1874 ...... 240, 369, 000 10,897,412 125, 047,530 52. 0 22.0 11 47 

1875 ...... 354, 317, 500 11,915,075 129, 499, 930 36.5 2!1. 7 10 86 1851 .............. -- ........... -- ....... --- . 196, 689, 718 165, 8'l8, 736 5. 69 1876 .. .... ,. 320, ~84. 000 13,358,908 11~. 865,900 :l5.1 24.0 84-1 1852 -- .. -- ..... -- • --- ... -- -- . -- -.. - - - . ----.. 192, 368, 984 144, 037, 465 74.85 1877 .. -.. - 401l, 3!J4, 000 12,825, 148 118, 661, 550 29.2 31.6 925 1853-- .. ------- ................... ------.--. 213, 41!7, 697 176, 529, 418 2. 74 -------------- 1854- .... ----------- ..... --. ---·--- ...... --. 2.'>2, 647, 806 195, 258, 95:l 77.48 

Total.i I 2, 910, 366, 700 104, 035, 393 1, 168, 105, 920 1855.- ... --.--...... ------ .... ------ ........ 246, 708, 553 175, 385, 3'28 71.09 .................. ... ............ . ............ . 

1-856--.. --------------- ... ---·-- ---------- .. 310, 586, 330 248, 091, 084 79.91 --- - - 1857.----- .... -. --- .. ---- ............ -- ..... 338, 98~ 065 260, 13!), !125 76.75 A..vcrage. 291, 036,670 10,403,539 116, 810, 5!J'2 40.·1 28.0 11 2-~ 

1858 •• -.: .. -... --·-- ... ------- .. ------- .. --. 293,75 '279 232, 478, 953 79.49 

1859.---...... ----------------- ..... -------. 335, 894, 383 258, 44!J, !J90 76.96 DARLEY. 

1860 ...... ------------ ----·- ------ ...... -- .. 373, 189, 274 2!)5, 081,484 78,61 

1861 ............ ------- ......... ---------- .. 228, 699, 486 180, 5lfl, 442 82. 46 1868 ...... 2"2, 896, 100 937,498 29, ao9, 931 130.2 24.4 31 ·79 1862 .... ------------------------------.--- .. 213, 06!J, 519 HiO, 821, 597 75.50 

1863--------.---•• -- .. --------------------.. 305, 884, 998 215, 273, 568 70.36 1~9 ...... 28,652, 2CO 1, 0'25, 795 23,387,909 81.6 27.9 2"2 79 

1864 ........ --------- .......... -....... ----- 320, 035, 199 183, 356, 276 57.29 1870 ...... 26,295,400 1,10 '924 22,244,584 84.5 23.7 20 05 

1865 ................................ · ........ 323, 743, 187 207,232, 749 64.01 1871. ..... 26,718,500 1, 177,666 21,541,777 80.6 22.6 18 29 

1866---- ........ ------··--............... -- . 550, 684, 277 416, 157, 242 75.58 1872 ... --- 26,846,400 1, 397,082 19, 8.17, 773 73.8 19.2 14 19 

1867- ......... -- ........ -.... -- ....... ---- .. 43~. 577, 312 330, &13, 246 75.35 1873 ...... 32,044, 490 1, 387,106 29, 3.13, 529 91.5 23.1 21 15 

1€68 ---··----- .......... -------------...... 454, 301, 713 319,004,531 70.22 1874 ...... 32,552, 500 1, 580,626 29,983,769 92.1 20.6 18 96 

1869 ..... -.. --------------------.. -------- .. 413,961, 115 311, 756, 665 • 75.32 1875 ...... 36,908,600 1, 789,902 29,952,082 81.1 20.6 16 73 

1870 .. ------........ ----.... --------------.. 499, 092, 143 391,269, 605 79.01 1876 ...... 38,710,500 1, 766,511 25,735,110 66.4 21.9 14 56 

I 1871 .... --.--.------.----------- • ----- -- . .. - 562,518,651 397' 963, 220 70.75 1877 ...... 34,441,400 1, 614,654 22,028,044 63.9 21.3 13 64 

1872 ............... -- ..... -----------------. 54!J, 219,718 407,141,706 74.13 ------

1873 ....... . ........... --· .................. 649, 132, 563 493, 962, 697 76.00 Total ... 306,066, 091 13,785,764 253, 854, 508 -·······- ····--··· ........ ·-· 1874 .......... .............................. 693,039,054 550, 043, 638 79.37 =-===== ------ 1875 ..... -............................ ---··· 643, 094, 767 479, 893, 212 74.63 Average. 30,600, 609 1, 378,576 25,385,450 82.9 ~2.2 18 41 

1876-.--.. -----......... -- --·· .... --------.. 644, 956, 406 514, 339, 866 81.30 

1877-- .. ------.......... , ........ - -------- .. 676, 115, 592 517,737,998 76.58 DCCKWB.EA.T. 

1878-----------.......... ---------- ......... 722, 811, 815 592, 475, 813 81.98 

1868 ...... 19,863,700 1, 113,993 20,814,315 104.8 17.8 18 68 

This statement shows that in 1878 our agricultural products, includ- 1869 ...... 17,431,100 1, 028,693 15,814,265 90.7 16.9 15 3i 1870 ...... 9, 841,500 536,992 7, 725,044 78.4 18.3 1438 ing forest, were about 82 per cent., and since 1850 they have averaged 1871. ..... 8,328, 700 413,915 6, 900,268 82.8 20.1 16 67 about 74 per cent. of our total exports. 1872 •••••• '133, 500 448,497 6, 747,618 82.9 18.1 15 04 

. 

' 

. . . 
. ' 

1879 . . CONGRESSIONAL RECORD-SENATE. 431 

Statement showing the annual production, q·c., of the cereal crops of tlte · U1tited States-Continued. 

BUCKWHEAT. 

Value .Av'ge .Av'ge Total . Total value value YeaJ.'. Total area. production. of crop. per per per acre. acre. acre. ------

Bmhels. Acres. Gents. Bmh. 1873 .••••. 7,837, 700 454,152 $6,382,043 81.4 17.2 $14 05 

1874 ...•.. 8, 016,600 452,590 6, 477,885 80.8 17.7 14 31 

1875 ...... 10,082, 100 575,530 7,166, 267 71.0 17.5 12 45 

1876 ...... 9,668,800 666,441 7, 021,498 72.6 14.5 10 53 

1877 •••••. 10,177,000 649,923 6,998, 810 68.7 15.6 10 76 

---------- Total' ... 109, 3e0, 709 6,340, 726 92,048,013 ................. ............. .............. -------- .A<verage. 10,!.138, 070 634,072 . 9,204, 801 84.1 17.~ 14 15 

Total cereaJ products of the United States. 

Year. • ~ Total production .. Total area. Total >ahie of 

crop. 

1868 ............................ . 1869 . ... : ........ .............. .. 

1870 .. -.... -.-....... ----.------ 1871..-- ...................... --. 1872 ............................ . 1873 ........................... .. 1874 ............................ . 

1875 .............. -- .. - ... -- .... . 1876 ............................ . 1877 ............................ . 

Bushels. 

1, 450, 789, 000 1, 491, 412, 100 1,,629, 027,600 

1, 528, 776, I 00 1, 664, 331, 600 1, 538, 89-2, 891 

1. 454, l80, 200 2, 032, ~. 300 1, 962, 821, 600 '2, 178, 934, 646 

Acres. 

66,715,926 

69,457,762 

69,251,016 

.65, 061, 951 68,280,197 

74, 112,137 

80,051,289 

86,863,178 

93,920,619 

93,150,288 

1, 110, 500, 583 1, 101, &34, 188 997,423,018 

911,845, 441 874, 594, 459 919,217,273 

1, 015, 530, 570 1, 030, 277, 099 935, oos, 844 1, 035, 570, 478 

Total....... . . . . . . . . . . . . . . . 16, 931, 401, 037 766, 867, 363 9, 931, 851, 953 

=======================1,=========== .Average ........ :"........... ,1, 693,140,103 76,686,736 993,185,195 

This table shows the average bushels and value per annum for ten 

years, 1868 to 1878, as follows: 

Products. 

Corn .............................................. . Wheat. ........................................... . 

~i:a- :: : : : : : ::: :: : ::: : :: : : : ::: ::: : ::::: ~ :: ~: :: : : : :: . Barley ... : ........................................ . Buckwheat ...................................... .. 

Bushels. 

1, 068,959,550 

273, 583; 174 18, Oi6, 030 291, 036, 670 30,606,609 

10,938,070 

Value. 

$525, 211, 602 

301,481,541 

15,091,207 

116,810,592 

25,385,450 

9,204,801 

These figures are of great importance and value and show the enor- mous amount in bushels and dollars of one branch of agriculture. 

The following official statement, dated November 14, 1878, shows 

the amount of our exports exclusiyely agricultural from 1875 to187tl: 

tatemen.t showing the currency value of the agricultural products herein 

Tnentioncd exported j1·on~ the United States du:ring the yea1·s ending June 

30, 1875, to um:l, inclusive. 

Products. 

.Ahlmals, living: Hogs ..................... .. Horned cattle .............. . Horses ................. ... . Mules ..................... . Sheep ...................... . .All other, and fowls ........ . 

1875. 

739,215 

1,103, 085 242,"031 

356,828 

183, 89ti 47,448 

1876. 

$670,942 

1,110, 703 246,964 

2-24, 860 171,101 

24, 617 

18Ti'. 

1;699, 180 1,593, 080 301,134 

478,434 

234,480 

18,895 

1R78. 

~267, 259 3,896,1318 798 7'23 

501:513 

333,499 

46,841 

------1-----1---·-'------- Total animals living...... 2, 672, 505 2, 436, 28.7 3, 325, 203 5, 844,653 

Statement showing tlte currency 11alue of the agricttltural p1·oducts Twrein. 

mentioned. <fc.-Continued. 

Products . 1875. 1876. 1877. 1878 . 

Bread and breadstuffs : 

tre!Y ~d·b~c;di::::::::::: $61,408 ~'210,586 708,541 2,565,730 

610,092 63'2,580 626,034 730,317 Indian corn ................. 24,456,937 33,265,280 41,621,245 48,030,358 Indian-corn meal ............ 1, 290,533 1. 305,027 1,511,152 1,336,187 Oats ........................ 290,537 588,583 1, 150,686 1,277,~ 

WJa:~~--:·:·:·:·::::::::::::::: • 204,590 480,083 1, 8'22,966 3, V51, 739 54,964 39,054 39,672 . 30,175 

'59, 607, 863 68,382, 89!J 47,135,562 96, 87'.l, 016 Wheat flour ................ 23,712,440 24,433,470 21,663,947 25,095,721 Other small grain and pulse 804,193 1,136, 515 876,665 1, 077,433. Maizena, farina., and all other 

E~~~n:or f<>!d ~~~~~-- 364,708 7Q7,4i'8 650,206 1,709,~ 

---- Total bread and breadstuffs ................. 111, 458, 265 131, 181, 555 117,806,676 181, 777, &41 

Fruits: 

Apples, dried . . . . . . . . . . . . . . . 326, 193 67, 915 920, 292 260 085 .Apples, green or ripe........ 72-2,247 2-21,764 986, 112 386; 261 Other fruit, green, ripe, or dried .. . .. . .. . .. .. . .. .. .. . 269, 632 210, 177 268, 282 296, 3Ur Preserved in cans or otherwise . .. .. . .. . . . .. .. .. .. . .. 315, 931 327, 432 762, :!44 435, 450 

-·-------------- Total fruits... . . . . . . . . . . . . 1, 634, 003 827, 278 I 2, 937, 030 1, 378, 1p& 

Seeds: I -.--

CottA:Jn .. .. .. . . . .. . . . . . . . . .. . 63, 128 69, 605 130, 062 179, 602 

Flaxseed or linseed. . . . . . . . . 137 257 8 431 

Clover, timothy, garden, and I 

all other . .. . . . . . .. .. .. . .. . 1, 227, 750 1, :;48, 750 3, 403, 6!l5 2, 085, 887 

Total seeds.............. . 1, ~!, 015 1,418,612 3, 533,755 2, 265,926 

Textiles: . ------ ~ 

Cotton, raw ................. 190,638,625 19-2, 659, 262. 171, 118,508 180,031, 484 Wool, raw.................. 62,754 13,845 26,446 93,358 

Hemp, raw.... . . . . . . . . . . . . . . 21, tl56 8, 318 12, 182 18, 210 

---- '.:vtal textiles ............. 1!!0, 723,235 192,681,425 ,171,157,136 180,143, 052.. 

Vegetablo oils and oil-cake: ========l=======l I 

Cotton-seed . . .. . .. .. . . .. .. . . 216, 640 146, 135 842, 248 ~. 514, 320- Linsecd... . .. . .. .. .. .. . . . . . . 30, 689 23, 770 43, 435 27, 232 Oil-cake . .. . . . .. .. .. .. .. . .. . 5, 138, 300 5, 774, 585 4, 818, 14;:1 ~95, 163 

T~~c:k~~~~~~- -~~~- ~~ --; 385,629 1 5, 944, 490 5, 703,828 1 7, 636, 715 

Miscellaneous : : 

*~;~~~-:::::: :::::::: ~ ~:::: m: ~ ~~: ~r~ i~~: = 

Hops . .. .. . . . .. .. . . . .. . . . .. . 1, 286, 501 1, 384, 521 2, 305, 355 Rice........................ ;"'19, 831 $30,918 $78, 112 Tobacco-leaf......... . ...... 25, 241,549 2-2, 737,383 28, 8'.l5, 521 Potatoes .. .. . . . .. . .. .. . . . . . . 522, 182 431, 443 533, 187 

497,247 

141,340 

2, 152;873 

$33, 953" 

2~. 803,165 

541,593 

Onions............ .. .. . . . . . . 51, 259 54, 015 48, 081 I 44, 52-~ 

Other vegetables, raw, pre- • if . pared, and :preserved...... 169,325

1 

133,272 116,518 138,509 .All other agncultural prod- . ucts unenumerated. . . . . . . . 791, 197 665, 202 1, 154, 437 1, 251, 53-f . 

Total >alue of miscellane- ---------- ----- ----

ons ..................... 28,850,995 26, 217,_728 33,740, ~ 29, ~-4, 736• 

Total value agricultural -------- ----- ---- products included in 

this schedule ............ 430, 575, 923 !456, 429, 995 459, 439, 233 536, 03~. 951 Total value of exports of • domestic merchandise .. 559,237,638

1

594,917, TI5

1

632, 980,854 695,749, 930- Per CfAD.t. of agricultural 

products to total domestic exports.. .. .. .. .. .. .. 77. 00 76. 72 72. 59 77. 05 

== -====== =-==---====== == Animal oils: For the. year 1878 our exports from agriculture alone 

Lard oil . .. .. .. . .. .. .. . .. .. . 147, :>84 149, 156 281, 551 994, 440 reached the enormous sum of ............... , . • • • .. $536, 03 , 951 ~ eatsfoot and other animal Wb ·1 t · rts fr ll th · I - oils . .. .. .. .. .. .. .. .. .. . .. . 12, 515 24, 498 19, 720 17, 447 . 1 e ou~· enltlre exf po1878 om a ot toer sources, me na- a9:::., ... ,49, 930 ____ ---,-------!----- mg a.grwu ure, or , amoun ...... ...... .•.. u " 

Total animal oils ......... . 1[.9,899 173,654 301,271 1, 011,887 

I======= I======== --- ----=--== ------------- Pronsions: 

Bacon and hams . . . . . . . . . . . . 2tl, 612, 613 39, 664, 456 49, 512, 412 

=~: ~~ ·o; <:;;;ed.:::::::: .. 4; i97." 956 · .. 3; i86; 3o4 · · ~ ~~: g~ Butter. . . . . . . . . . . . . . . . . . . . . . 1, 506, 996 1, 109, 496 4, 424, 616 Cheese.......... .. .. .. . . .. . . 13, 659, 603 12, 270, 083 12, 700, 627 Condensed milk ............ 123,565 118,54!> 123,801 

Eggs . .. . . .. .. .. .. .. .. .. .. . . 8, 743 8, 300 · 8, 429 

Lard ........................ $'.22, 900, 52-2 $2-J, 429, 485 $25, 562, 665 Meats, preserved . . . . . . . . . . . 735, 112 99 , 052 3 939, 977 Mutton, fresh.............. . . . . .. .. .. . . . . . . . . . .. . . . 36, 480 Pork........................ 5, 671, 495 5, 744, 022 6, 296, 414 

------------ Total provisions ......... ~ 77,416,1)05 85,528,747 110, 108, 896 

Hides and skins, other than fur .. 4, 729,725 2, 905,9-21 2, 480,427 

Tallow .......................... 5,692,~3 6, 734,378 7, 883,616 Bones and bone-dust ............ 132,246 69, 159 121,493 Hair ............................ 429, 59@ no. 761 338,487 

Total animals and their products ................ 10,983,772 10,020,219 10, 824, 0'23 

-.--- ~----- ====== =---= 

51,752,06 

5, 009, 8S6 2, 973,234 

3, 931,822 

14, 103,529 

128,284 

14,880 

$30, 014,254 

5,102, 625 9,272 

4,913, (,.)7 

-----

117,953,481 

== 1,286,840 

6,695,377 

78,989 

361,348 

'42-2, 554 

=== 

Total exports, less agriculture.................. 159,710, 979· 

This shows that agriculture furnished full three-fourths of our en- til-e exports, and amonnted to more in dollars than our imports. 

These statements establish the fact that as in the past we have 

mainly depended upon agriculture, so in the future we must look to- it for our support and ability to pay for what we purchase abroad, as also the payment of our foreign debt and interest. 

COTTO::-<. 

The soil of some .of our States is so well adapted to the growing 

of cotton that we are the chief producer of the world, and must remain so. It constitutes-the largest factor in our exports, bringing us. since 1865 an ave~~e of more than $200,000,000 per annum, or more· 

than .two and a hau billions for the thirteen years-which is more' 

than our national debt. Without cotton our foreign trade would 

have been largely against us. There are good rea-sons to believe the 

production will increase from year to year. This large amount is 

part of the aid and contribution the Southern States bring to us in: . 

restoring prosperity to the whole country. 
• 

432 CONGRESSIOKAL RECORD-SENATE. JANUARY ' 14; 

BREADSTUFFS, INCLUDISG ALL CEREALS, The following table gives some of the principal items, showing the 

(}onstitute the next largest item in our exports, yielding last year increase of exports of 1878 over the yeaT 1877: 

$181,777,841, and an average since 1865 of near $100,000,000 per annum. Increase in horned cattle ___ _-_ ......•...•.......... _._ ........ _ ..... __ . t2, 303, 703 

rank next in ~;n:~o:~~s~=~~: ~:~~;:; :G$i33,232,575, an ~~Es~~~~~~~~~~::::::::::::::::::::::::::::::~::::::::::::: J:r~:5 

:~~~~:~:~~ ~~~ !:'~:!::~!=-i~ W:t~um. For this EffiE~ a:.<~~~~~~~~~:~~~~~;~~:~:·;::~::;;;~~~~~~~;:~::;~:~:::: f f.4 [@ 

This is an important farming and 'agricultural interest which has Increase in preserved meats........................................... 1,160, 000 

not hitherto attracted the attention it deserves, and one that is fast These tables speak volumes for agriculture and show a great ingrowing in our country. It is estimated that last year the total pro- crease in the last few years. · duction of cheese was 350,000,000 pounds, and bf butter 1,500,000,000 

pounds; estimated value of both being about $350,000,000. This is 

the .contribution of the whole country, and is the leading agricultural interest next to corn, being only one-fourth less in value, one- third more than cotton, and one-seventh more than the hay crop. 

The exports for 1878 were: cheese, $14,10::J,529; butter, $3,931,822. 

The number of cows in the United States is estimated at about 

12,500,000-over six times the number in Great Britain, and twice 

the number in France. 

VALUE OF FARM PRODUCTS AND F:XPORT . 

The following statements, also from official sources, show the value 

()f farm products, and exports of the same, a-s also estimated value of 

farm animals, and increase in the exports of some of the leading 

products, for 1876 and \877: 

Value of farm p1·oducts and expm·ts of the sa·me, and ?·atio of exports to 

total prodlwtimt, for 1876 and 1877. 

1876. 

PrOducts. 

Indian corn ................................ . 'Vheat ...... .................. -----· .... -.-- Rye ........................................ . Oats ....................................... . 

:Barley .................. ---·--:··· .. ... .... . Cotton .............................. ....... . 

Total ................................ . Potatoes .................. ------------------ Hay ........................... _ ........... . 

Grand total .......................... . 

1877. 

Products. 

Indian corn ............... _ ................ . 

iti~~:~-:-_::·:·::·:·_::·::~-::·:·::::·.--:::: ::::::: :_:::: 

:Barley ..................................... . Cotton ..................... · ................ . 

Total ................................ . Potatoes ................................... . Hay ........................................ . 

Grand total. ......................... . 

Total values. 

$475, 491, 000 300, 259, 000 13,636,000 

112, 866, 000 25,735,000 

229,445,000 

1,157, 432, 000 83,861,000 

300, 901, 000 

1, 5«!, 194, 000 

Value of ex- ports to June 

30, 1877. 

$43, 000, 000 69,000,000 

1, 850,000 

1, 230,000 

708,000 

171, 000, 000 

286, 788, 000 

9.0 

22.9 

13.6 

1.1 

2.7 

74.5 

24.8 

Value of ex- .$ ~ <!) 

Total Yalues. ports to June fi! ~ 

30, 1878. ~ ~ 

~<I) 

$480, 643, 000 394, 696, 000 12,543,000 

118, 662, 000 2'2, 029, 000 215, 000, 000 

1, 243, 573, 000 76,249,000 

271, 935, 000 

-----

1, 591, 757. 000 

$49, 365, 000 122, 000, 000 3, 082,000 

1, 278,000 

2, 566, oob 

18P, 000, 000 

358, 2!H, 000 

10.3 

30.9 

24.6 

1.1 

11.6 

83.7 

28.8 

Estimated val~es of fm'nt animals. 

Classes of stock. 

Horses ............................................. . cattle ............................................. . Sheep ............................ ................. . Hogs ....... ·-..................................... . 

1876. 

$610, 000, 000 615, 000, 000 81,000,000 

171, 000, 000 

1877. 

600, 000, 000 628, 000, 000 80,600,000 

160, 839, 000 

Total .......... ------........................ 1, 477,000,000 1, 469,439,000 -

Value of agricultural exports. 

Products. 

~;!d:~-~ ~~-~~~~~:::::::::::::::: :::::: 

Cotton ................................ ............. . Wood .... ,,,,,,,,,,,,,.,,,,_,,._,,,_,,,.,,,,,,, __ ,, 

Jdiscellaneous ..................................... . 

Total ........................................ . 

1876. 

113, !141, 509 131, 212, 471 200, 382, 240 21, 620,486 

46,079,567 

513, 236, 273 

187i. 

$140, 564, 066 118, 126, 940 183, 253, 248 23,422,966 

58,652,719 

524, 019, 939 

POPGLATION. 

France, with an area of 201,000 square miles, has a population of 

about 36,000,000, or 182 persons to tbe square mile. A.t the last cen- sus Texas, with an area of 274,000 square miles, had a population of 

less than 1,000,000, or about 4 people to the square mile, while her 

soil and climate is equal, if not better, than.that of France or auy 

other country. 

Belgium, with an area of 11,373 square miles, has a, population of 

5,336,634, or about 469 people to tlle square mile, wl1ile we have a 

dozen ~tates with a larger area, equally fertile soil and better climate, with less than 20 people to the square mile. 

Germany, with an area of 212,091 square miles, has a population of 

42,727,360, or about 200 persons to the square mile. , Great Britain and islands, witn a population of 31,628,:338, has an area of 121,230 square miles, or about 268 persons to the square mile. 

The United States, with an area of 3,603,884 square miles, has a population of about 45,000,000, or 13 persons to the square mile, and 

if we take the States only and exclude the Territories the population is 22 persons to the square mile. 

We have more than 2,000,000,000 acres of land, with a soil and climate unsurpassed and adapted to the production of almost everything necessary to the wants and comfor.t of mankind, three-four1lhs 

of which can Qe used for agricultural purposes, and much of it, indeed more than one-half, can be purchased for less than the rental value 

per acre for a single year of the agricultural lands of England, France, 

Germany, and Belgium. 

These figures show that we have ample territory with agricultural 

facilities to support a population of many hundred millions, and then 

not be so densely populated as the countries above named. 

In substantial prosperity and progress, in all that makes ::t nation 

great, we must soon take the lead of all other countries; and New 

York, supported by our vast agricultural, manufacturing, and com- mercial resources, at no distant day ought to and will be the financial 

and commercial center of the world as London is to-day. 

This prospect should stimulate the encouragement of agriculture 

and commerce, which must contribute so largely to this result. It 

must, however, be admitted that, instead of doing so, the tendency 

and effect of our natioH.al legislation has been to encourage other 

industries and the building up of towns and cities at the expense of 

the soil, the mine, and commerce. · Several of the countries of Europe are now overcrowded with people, and it is a question whether or not they can long support t4e 

increasing population. There is trouble to-day ,in England and Germany from this source. Lord Derby, in a recent address made at Liverpool on the subject 

of the present depression in England, stated in substance, "after 

much reflection," that England could not afford to pay large sums for food to America and other countries and compete with them in 

manufactures, and advised as a remedy wholesal~ emig-ration to 

.America and Australia. , While we do ~ot want the paupers from other countries, yet we have ample farmmg lands and room for all persons devoted to honest 

industry. 

TARIFF AXD OTHER LEGISLATIOX AGAIXST THE FAR~R. 

The dutY on articles used by fanners averages about 42t per cent. 

' Percent. 

On iron and steel it is from ... _ ..... --- . ---..... __ •. - . _.... 35 to 50 

Leather . _ ..... -.... --..... -- ... -.....• 1 - • • --.-. _.- _ ••• -.. • 25 

China and earthen ware ... _ .•. _. -- ...... -- ... _ ........... 40 to 50 

Hosiery . __ •.• . -.• -. _ . __ .. _ ••..... _ ..... __ •• ___ ..•.• -- ... _ 35 to 60 

Hats, bonnets, &c . ____ •.. _ ....•..••••••.• _ ..•.• -. _ .. ~ . __ . 40 

Carpets . _ .....• -• -. : . ...• -•...• -..•••••. -•••• --- - ...... _ . 50 to 68 

Salt ...•......•• ---..... -.. -•• -•. _ .... _ .•• _ ... -- ... _. _ . _.. 60 

Ready-made clothing ... __ .. _. __ ....• ~ •.. __ ••. ___ .. ... __ . _ 50 to 60 

The farmer pays the above duties and many more, and the eastern or manufacturing States receive the greater part of the benefit. 

Then, again, most all the internal revenue comes from the tax on two items of agricultural products, one produced directly ::md the 

other indirectly from the soil. 

The revenue from the tax on tobacco in lSi was $40,091,754.67; 

spirits and liquors, $60,357,867.58-total, $110,459,622.25; and this comes almost entirely from the Southern and Western States. 

In 1877 Virginia paid internal-revenue tax to the amount of 

$7,932,220, which is more than twice as much as all the New England 

States combined paid, and West Virginia paid $461,030.50, which is 
1879. CONGRESSIONAL RECORD-SENATE. 

more than the States of Maine7 New Hampshire7 and Vermont together 

pa~he following table shows the receipts from tobacco and spirits in 

the States named for the year 1878: 

States. 

Connectictlt ....•.. ----·----------- -- 11linois .....•.........••..•••...•••.. Kentucky . ....•.•..•••.•.. . ......... Maine .............•......••....••.•.. Massachusetts •.....••••..•.•.••••••. New· Hampshire ...•........... ---- .. ()bio . .•......••....•..•.•.••••••••••• Rhode Island ••••.. .•••••. .••••.••.•. 

~r:;~:::::::::::::::::::::::::::::: 

Spirits. 

$270, :tlil .89 16, 072,539 33 

4, 866, 480 32 

15,217 42 1 055 739 29 I 65:144 06 

10,127,172 80 39,072 21 

11,752 32 

30-2,580 21 

Tobacco. 

$156,348 63 

2, 829, 805 58 1, 746, 118 21 

46,356 84 693,925 63 

30,572 51 

3, 476, 501 63 

63,254 00 23,348 14 

6, 145, 442 85 

Aggregate 

receipts. 

$580,335 59 19, 668, 791 32 6, 880, 614 15 

70,695 78 

2, 424, 363 77 228,188 11 14, 770, 506 37 

246,759 65 44,339 49 

6, 501, 730 29 

This tax is mainly paid by agricultural States, as the above table 

shows, and falls directly or indirectly on the farme1·, while manufact- ures and other industries of the non=agricultural States are aided by 

protection at the expense of the former. 

So in one way or another the burdens o~ taxation fall heaviest on the farmer and agricultural interests, against which there should be some relief. 

AID RE!iDERED BY DIFFERENT GOVERN~!ENTS TO AGRICULTURE. 

From reliable sources we learn there was expended for the year 

1877 by some of the governments of Europe in aid of agriculture the 

following sums: 

Austria and Hun~ary ••.•.......••••...•.. £1,099,025 or France, for agnculture and com- merce ............•.•...........•. 110,672,050 francs or Prussia ..........•.................. 10,459,343 m~ks or Italy, for agriculture and commerce .. 10,863,98llivres or Russia, for agriculture and public 

lands ..............••.•...••...... 181434,912rublesor 

Great Britain ............••..•... .......•.. £159,118 or Sweden .•• ~ .........•••..•............•••.••.. _ ..•.. . United States ...••..• , •...•••.....•.....•....••....... 

5,495,125 

20,534,410 

$2,612,340 

2,715,995 

14,826,184 

$795,590 

$651,737 

$174,686 

The following appropriations for the yeru:s named will be sufficient 

to illustrate the difference in the amounts appropriated for the vari- ous departments of the -General Government: 

Departments. 

Department of State ..••.•...... "Treasury Department ...•.. . ..•. War Department ..............•. Navy Department. .... .....•..•. Interior Department ............ . Post-Office Department .......•.. Department of Justice ... ....... . Department of Agricnlture ..•... 

1877. 

1, 377, 428 43 

163, 015, 647 68 

39, 251, 271 81 13, 115, 176 55 

3'7, 673, 054 12 

6, 422, 283 49 3, 364, 343 31 

174,686 96 

1878. 

$1, 353, 807 50 159, 2'22, 392 61 

4, 245, 628 00 

13, 745, 42-2 90 36, (i74, 573 32 

3, 469, 045 00 3, 424, 9;)0 00 

188,640 00 

1.879. 

7, 134, 325 64 

167, 122, 213 75 

68, 263, 792 48 

20, 684, 4~ 83 38,245, 551 74 

71 295, 389 98 3, 918, 913 94 204,900 00 

These figures show how liberally the prosperous and progressive 

European governments aid and encourage agriculture and bow little we do for this great interest. Russia, our great and principal agri-

-cultural rival, spends in support of agriculture and in respect of her 

public lands more tha.n seventy times as much as the United States, 

and the little Kingdom of Sweden more than three times as much as this great nation. 

We have what is called a Department of Agricultnre, with a com- missioner at its head, whose salary is $3,000 per annum, and the next 

highest salary is 1,900, while there are a large number of employes 

-in other Deparlments whose chiefs of divisions or heads o£ bureaus 

receive from $3,000 to 6,000 salary per annum. The salaries of the 

Agricultural Department are either too low or the others are too high. 

In the Senate the Committee on Agriculture is composed of five, w-hile most of the other committees ha-ve from seven to nine members. 

"The Committee on Commerce bas nine and on Railroads eleven mem- bers. Why should not the Committee o~ Agriculture be made equal 

to any committee of the Senate f The slender aid we render in the 

way of appropriations and the attention given to agriculture in Congress indicate that we hold it inferior in importance to industries of 

much less magnitude and moment. The Commissioq_er of Agriculture 

witMn the last few years has done well, considering the limited means at his command, and deserves credit. Considering the vast importance 

of agriculture to the country, the number of people engaged in it, the 

interests dependent upon and affected by it, it-· seems to me that it 

-deserves and demands at our hands more attention and substantial 

aid. There is nothing sectional or political about agriculture, and 

all parts of the country are interested in it. ' 

AGRICULTURAL IMPORTS. 

A large amount of agricultural products are imported which might .nod ought to be grown within our own borders. 

Vill--28 

The following table from the Bureau of Statistics shows the amount 

and value of sugar and mol~es imported from ~869 to 1878: 

Sta-tentent of imports into the United States of suga.r, ntelada, and nwla.sses 

dztring tile years1.869 to 1878, inclusi1·e. 

I I 

Brown sugar. I Melada and simp of t Mob.sses. sugar-cane. 

Pauna... ' I p~'""· Gallo,... I . 1869. ••. 1, 229,329,259 $59,728, oo8 17,294,314 $5-.-Q{i, 013 53,304, o301 $12. on, 147 

1870.... 1; lfiO, 460, 114 55,655,679 36, 161,935 1, 258,672 56,373,5371 12, &!8, 250 1871.-. - 1, 189, 155, 938 61, 249, 621 87, 118, 535 3, 296, 877 . 44, 401, 359 10, 192, 384 

1872 -.-- 1, 457,294, 818 79, 129, 059 51, 673, 3'75 2, 066, ()427 45, 214, 403\ 10, 627, 511 1873 •• -- 1, 454, 124, 259 77, 953, 470 113, 670, 829 4, 722, 165 48, 533, 909, 9, 901, 051 

1874 ..• - 1, 594,300,354 77, 459,968 106,952,236 4, 424,356 47, 1l:i9, '1 10, 94~, 824 1875 .. -- 1, 695, 726, 353 70, 015, 757 101, 768, 386 3, 313, 597 49, 112, '255 11, 685, 224 

1876 .• - - 1, 414,254, 663 55, 7~ 900 79,702,878 2, 415,995 39,026,200: 8, 157, 410 1877-•• - 1, 584, 162, 924 81, 187, 504 39, 461, 057 1, 654, 165 30, 188, 963! 7, 808, 257 

1878 .• -. 1, 475, 480, 604 69, 642, 368 31, 520, 907. 1, 123, 613 27, 490, 0071 6, 764, 119 

14, 254,295,286 687, 724, 337 665, 819, 452 24, 861, 480 435, 834, 500 100, 983, 237 

For the year 1878 the value of these imports was about "77,000,0007 

and for the nine years named we paid for sugar and molasses the enormous sum of about $600,0007000. 

Nearly if not all of this vast sum paid to foreign countries might 

have been saved had the overflowed and swamp lands on the Mississippi and other rivers (a large portion of which is especially adapted 

to the growth of sugar-cane) been reclaimed and the overflow provided against and prevented. · If -the half of $17,000,000 we pay in a. single year for sugar and 

molasses should be expended in reclaiming the swamp lands and preventing the usual overflows of the Mississippi and other rivers it 

would not only save to the country annually wha.t we pay out for · these articles, but restore from ten to fifteen million acres of rich, 

arable, and most productive farming lands to this and other agricultural uses, now abandoned and utterly useless. How long would 

France, England, Germany, Russia, or Holland suffer such a vast 

body of fertile soil to lie idle and go to waste while paying for what 

might be produced upon it annually nearly a hundred millions of 

dollars! The power of the General Government to levee the Mississippi River I believe is admitted. This being the case, is not the 

duty of Congress from-an economical stand-point clear in the premises f 

The following table shows many other agricultural products imported by our people, many, if not all, of which might be produced 

at home and save to the United States ancl its people more than a hundred million dollars per annum: 

Statement shmoing the quantities and valu.es of certain imported commodi- ties entered for consumption. in the United State.s, 1oith mte of duty and amount of duties collected, dut'ing the fi.scal yeat· ended Jttne ao, 1878. 

Commodities. Quantities. 

Barley .............•....... bush.. 5, 806,191.24 

~~tyu=~~;,_ct~Wi:: ~ _-: ~~~:: :::::::::::::::: 

~:J~\··-·-· ............ -----·doz .. ~ 6, 084,063.00 

raw ..•••••.....• . ..•.•.... tons.. 4, 005.20 seed ..••.•••............•. bush.. 1, 284, 862.00 

Fruits and nuts .. .......................•......... Fruits and nuts ... ............•.•.....•........•.. Hemp, raw ................. tons. . 21,3:25.31 

Jute, raw .................. tons.. 24,663.~ 

Melada ....................... lbs.. 3G, 691,376.00 

Molasses ..••...•.....•.. ... gall.. 26,855,565.85 

Mol38ses .•••.•.... .•••.... .. galL. *87, 534.00 Paper materials: 

Values. 

Total value 

and duty 

combined. 

$3, 493, 556 65 401,816 06 

495,316 00 

726,030 01 

788,988 00 1, 880, 197 {)() 

10, 084, 838 63 ~ 

546,732 56 5 

2, 213, e'J8 00 

1, 100, 0 ll 00 1, 383, 482 {)() 

6. 860, :m 83 ~ 

14,449 2-2 5 

4, 364, 485 35 482,179 27 

495, 316 00 726, 0'.!0 01 

8i2, 239 47 ' 2, 137, 169 40 

13, 322, 675 62 

2, 695, 829 28 

1, 247, 993 81 

2, 071,445 36 

8, 553, ~1 flO 

~~:~:: ::::::::: ~ :·: :::::::: -Jg::: Rice, cleaned, uncleaned, & paddy. Rice, cleaned, uncleaned, & paddy. Silk, raw ...•.•..••....•..••. lbs .. 

93, 002, 422. co 2, 838, 743 65 

41,552,618.00 1,150, 444 00 

41,414, 88!3. ()() 1,109, 466 01 ~ 

*6, 063, 514. 00 209,041 92 5 

2, 838, 743 65 1, 150, 444 ()() 

2, 352, 566 41 

5, 116, 707 00 Sugar: . 1, 186, 172. 00 5, 116, 707 00 

brown ............. , ...... lbs.. *30,368, 3~- 00 brown .....•............... lbs .. 1, 552, 875,ll2. 00 refined ............•.•...... lbs.. 216, 294. 00 

Tea ...•...... .•.......••..... lbs.. 65,366,449.00 

Tobacco: .J. 

leaf .•• ..... : ••....•..••.•.• lbs.. 7, 458, 344. 00 cigars .•..........•....•.... lbs. . 551,056. 3i other ................... -... lbs. . 172, 834. 00 Wine: 

in casks ..••..........•..•. gall.. 3, 653,760.00 

in bottles .••..•••••.••..•.. aoz.. 326, 9'-lO. 00 

Wool, unmanufactured ...... lbs.. 39, 801, 161.00 

Sttawandpalm-leafmanufactures ......•.......... 

2, 274, 430 3a ~ 117 6.1n 284 .,..,. 78, 969. 204 69 5 ' ....,, ... 16, 866 00 27, 680 70 15, 665, 742 07 15, 665, 742 07 

3, 909, 061 34 2,117, 510 31 46, 721 52 

1, 874, 859 09 

:l, 186, 647 58 

6, 995, 366 69 

1, 681, 330 01 

6, 519, 481 70 4, 024, 540 2-2 133, 81!2 28 

3, 336, 363 10 

3, 190,793 513 

9, 709, 762 89 

2, 263, 018 12 

-----------1------ Total. .•••.••••••••..••. .. .....•.•........•. 156,151,723 70 210,918,125 46 

*From Hawaiian Islands. 

I 

~ 
434 CONGRESSIONAL RECORD-SENATE. JANUARY 14, 

From the abov-e official table it will be seen that thehomevalueof 

articles imported in 1~ was .•••••.•....••••••..• $156,151,723 70 

Value of duty-added in 1878wa.s ..•.••.....•...•.. 210,918,125 46 

This is a. large amount of money paic). for agricultural products 

that ought to be produced in our own country. We find by this 

table we pay•foreign countries for- 1 

Snga.r and molasses, annually, nearly.. • • • • • • . • • • . . . . • . $90, 000, 000 

Tobacco rmd ci~rs, annually, nearly .••••••. _ ••.. __ • _. 6, 000, oeo 

Wine, annually, nearly .• -•...• -•••.• -•..•... --.... --.. 4, 000, 000 

Wool, annua'lly, nearly .......••. ·----· •••. ···--··----· 7, 000,000 

Barley, annually, nearly .... ------ .••••• ··---·-----·.. 4, 000,000 

Eggs, annually, nearly .••••• ·----··---···----·........ 726,000 

Eggs come in free. of duty, and the amount paid is so large for so small an article that the following official table is given, which shows 

quantity, amount paid, and where from: 

Quantity and t•alue of eggs imported intQ the United States du ring the fiscal yea1· ended June 30, 1878. 

Countries. Quantity. Value. 

China ............................ ~ ...................... . Dozens. 87,800 

1,096,963 

4, 866, 981 1, 695 

210 

$6,022 

126,574 

593, 297 

100 

44 

Nova Scotia, New Brunswick, andPrinceEdwnrdlsland .. 

~:~~0~~~·-~~~~~~~~: ~~-~~r:.~~-~~~~.:~~?.': Mexico .••••••••••.••••••••••••••••••.••••••••••••......•. 

Total .................... ......................... . 6,053,649 726,037 

Excluding silk and tea, the successful production of which is yet 

doubtful, and we pay annually more than one hundred millions for 

products that might be grown in our own country. 

In the face of these figures and facts argument is not needed to 

show that agriculture is of the first and highest importance t.o our people and should be properly aided and encouraged. 

A nation, like a corporation or individual that lives beyond his incom~ must in time become poor and in debt. After the war, be-

' tween 1865 and the panic in September, 1873, we had what is nsuaUy 

eailed good times, when in fact as a nation we were paying to foreign 

countries much more than we received from them; that is, our imports were more than our expo:rls, as the following official table will 

show: 

:\'ET IMPORTS ..C.'"D DOMESTIC EXl'ORTS OF l!ERCH.U.'"DI.SE, CO~, .A}.'"D BlJLLIO:s'. 

Statement showing the total net imports* of merchandise, coin, and bullion 

into the United States, and the domestic ex.J.Jorts. ofmerchandise, coin, and 

bullion fr01lt the United States, f7"01ll- 186? to 1878, incltUtit:e. 

Year ending Total net im- Total domes- Excess of im- Excess of exJuno30- port .a. tic exports. ports over ports over im- exports. ports. 

1860 .•••••.•.•••• eJ3!), 233, 232 f373, 189, 274 · · • · $86,' ao5; 246 · $37,956,042 

1861 •••••• . ·-···· 315, 004, 726 228, 699, 486 .............................. 1862 .••••..•••••. 188, 902, 263 210, 688, 675 ............... ...... ... .... 21,786,412 

1863 .... . . . ...... 226, 796, 336 241, 997, 474 ............................ 15,201,138 

1864 ...•.. . •••·•• 309, 305, 955 243, 977, 589 65,328,366 .......... . .............. 1865 ............. 216, 441, 495 201, 558, 372 14, 883, 12.'3 ....................... ..... 18(16 .. . .......... 430, 770, 041 420, 161, 476 10,608, 565 ........................... 1867 ••••••.•••••• 397,220 063 334, 763, 005 62,457,058 ............. .. .............. 1868 ••••••.•••••• 349,:1.682 353. 135, 875 ....................... .. .. .. .. .. 4, 112,193 

1869 ••••••..•••.. 412, l I 841 318,082,663 94,058, 178 ... ... .......................... 1870 ............. 431, 950, 428 420, 500, !l75 11,450, 153 .. .......................... . 1871. ••••. . ····-· 513, 033, 809 512, 802, 267 231 ,542 .................. . .............. 

~::::::::::::: 617, 569, 017 501, 285, 371 116,283, 646 ···-·· ·-· ·---- ·- 635, 467, 636 578, 93S, 985 56,528, 651 ... ........ ............. 1874 ............. 572, 080, 910 629, 133, 107 -----·····--- -- 57,052, 197 

1875 ...••.••••••. 531, 472, 529 583, 141, 229 .............. ........ .. .. 51, llCS, 700 

1816 ............. 455, 407, 836 575, 620, 938 .......... ...... ............. 12tl, 213, 111"2 1877 ............. 466, 265, 045 632, 804, 962 .. ............ ... ........... 166, 539, 917 

1878 ............. 446, 039, 908 707, 738, 783 ............................. . 261, 698, 875 

•Net imports mean total imports less imported merchandise, coin, and bullion afterward exported to foreign countries, (specie values.) , 

The above stateme:at clearly shows we paid, between 1860 and 

1873,$439,087,737 more for imports than we received for exports. 

In 1873 trade reversed, and has been largely in our favor np to this 

time. During the five fiscal years between 1t373 and 1878 we exported or sold $659,072,791 more than we imported or bought. This is a good 

sign, and shows we are winding on and not off; and if we continue 

to export largely more than we import, it is only a question of time, 

which I believe is not distan\, when we will be a prosperous and 

happy people. 

Europe, in addition to paying us the large balance of trade now in 

our favor,a.ccordingto arecent statement of DavidA. Wells, expends an average annually of $1,500,000,000 for war and the support of standing armies, while smce the formation of our Government our average 

expenses annually for these purposes have been about $45,000,000. 

In most of the governments of Europe all young men between the 

ages of twenty and twenty-seven are obliged to serve in the standing armies, thereby taking seven years of each man's life from useful 

mdustries. 

If we had no other advantag~ than these named, we would in time grow rich and Europe poor. 

WEST VIRGINIA, 

And now, Mr. President, I trust I will be pardoned for turning aside 

and briefly referring· to the State which I have the honor in part to 

represent, whos6 minera.l and agticnltural resources are so great and so varied. They are largely undeveloped as yet, the greater part of 

them lying dormant; but when the treasures of this mountain State are unearthed, as they must in time be, they will astonish the world. 

In minerals, such as coal, iron, and salt, \Vest Virginia stands unrivaled, 

with the one exception, Pennsylvania. In the pl'Oduction of 9il, which 

has become one of our largest industries and oue of our most produc- tive sources of national revenue, West Virginia and Pennsy 1 vania are entitled to all the credit. 

West Virginia has also agricultural and other resources of which 

the general traveler, in passing tln:ough the State over our principal 

t,horoughfares, has but an imperfect idea-. The Baltimore and Ohio 

and Chesapeake and Ohio, the principal railroads which pass through 

the Sta~ in t~eir search for the lightest grades follow closely the 

streams m the1r deeply sunken channels cut through the mountain 

gorges, and the stranger, seeing nothing, comparatively speaking, bu.t 

wild, rugged, and picturesque scenery, would natura.lly have erro- neous impressions as to soil, topography, and resources. 

BOIL. 

Professor Manry, in his WOl"k on West Virginia, says that the large 

proportion of the State is fortunate 'in having a loam soil, composed 

of clay and sand mixed in about equal proportions. It may be said 

to be the characteristic soil of the State. 

The " bottom lands" along most of the rivers are widely celebrated 

for their productiveness. The mountain and hill sides and even the 

tops are unsurpassed for grazing. Some of the finest and largest cattle 

sold in the eastern markets are from West Virginia.. 

Indeed, the State presents grea.t advantages to the successful prosecution of farming and other industries. We are progressing intellectually and morally. There is no State in the Union that has made 

greater advances in schools within the last dec:lde. Our taxes are about as low as any State in the Union. 

COAL. 

The coal-fields of West Virginia. are, beyond question, the most 

remarkable in the world. It is in this State tha.t the veins of bituminous coal exhibit their maximum thickness, having in the Kanawha 

Valley a combined thickness of fifty feet. This State is the only place 

in this country where cannel coal is found in good quality and paying 

quantities; and it is said to be fully equal to the best English or Nova Scotia. The splint coal of the Kanawha Valley is one of the 

best non-coking coals for smelting iron that can be found anywhere. 

Another advantage our coal possesses is that it is nearest to the sea- qoard, and consequently the rates of transportation a.re, or ought to 

be, greatly in our favor. The excellent gas and steam qualities of our bituminous coal are known all over the country. 

The anthracite coal is confined to an area of about 470 square miles 

in P~nn~ylvania., where it alone is found in this country. The production m 1877 amounted to .. _._ •.............. _.. 21, 323, 000 tons. 

The. coal area of West Virginia. comprises near 16,000 

square miles, with a production in 1877 of........ 1, 000,000 tons. 

While the whole of Great Britain has but 11,900 • Rquare miles, with a production in 1877 of ........ 1:.H, 179, 968 tons. 

Germany 1,779 square miles, producing in 1877. ___ .• 48,337,950 tons. 

France 2,086 square miles, producing in 1877. . . . . . • 16, 763, 779 tons . 

A report made b-y the engineer department of the United States to 

the Secretary of War (Ex. Doc. 110, third session, Forty-first Congress, page 49) makes the following reference to West Virginia. coa.ls: 

It is well known t-o geological men that the veins of bituminous coal. which per· vade the entire western slope of the .Appala{lhian chain of mountains have their wmruum aggre~ate thickness in the Kanawha Valley. Fron1 a. late authentic 

work on the subject of KaDQwba coals the following extract is made: •· The coal-fields of the Kanawha region are superior to those of Great Britain or Pennsylvania. They are regarded by eminent gentlemen aa the finest ~Bit of coal in the world. The quality of Kanawha cannel is equal to the best English; its 

bituminous is equal to tho best found in Pennsylvania, and Kanawha splint~ for 

smdting \ron, is unsurpassed. The veins lie nearly horizontal, a.nd vary from three 

feet to tifteen feet in thickness ; and the aggregate thickness of tho various seams in some localities amounts to forty and fifty feet of solid coaL" ' 

In the Piedmont or North Branch region the coal is fully equal to 

that in Kanawha. Valley, and some of the veins now being worked are from fifteen to twenty feet thick of pure coal. 

S.U.T .L'\"D N.A.lLS. 

The salt of the Kanawha and Ohio Valleys has the great advantage 

of being manufactured very cheaply; and it is a most superior article, as is attested by the preference given it in every ma1·ket where it has 

been introduced. I doubt if there is another place in this whole 

country where salt can be ma.de as cheaply as in the Kanawha. and 

Ohio Valleys. There are over twenty salt-furnaces in the State, with 

an annual capacity of six million bushels. 

·west Virginia. produces about one million ke~s of nails annna.lly,or 

about one-sixth of the whole amount of cut nails made in the world. I P.RTROLEIDL 

Among the important productions of onr State is petroleum. In 

the past three years 1876, 1877, and 1R78, there were produced in the 

oil regions 'of West Virginia and Pennsylvania 34,384,275 ba.rrels or 1,444,139,550 gallons of petroleum, and of this amount there were exported 891,~6,235 gallons of th6 va.lue of $141,279,198,or an average 

of about $50,000,000 per annum. The production of petroleum in 1860 
/ 

1879. .CONGRESSIONAL . RECORD-SENATE. 

was but 10,542,000 gallons, while in 1878 it amo~nted to 619,_007,004 

~allons. The exportation of petroleum began m 1862, and m 1878 

It amounted to near 66 per cent. of the entire production, being 

407,482,175 gallons. It now ranks as the fifth article of export from 

this eountry. TIMBER A-'ll ffiON. 

The timber of our State is probably as good in quality and large 

in amount as that of any State in the Union. Almost every description 

of timber is follnd in the State, some of the most important varieties 

in gt·eat abunda.nce. 

The iron ore of \Vest Virginia is abundant and varied. There are a number of iron-furnaces and rolling-mills in the State, and they all 

find a ready sale for their productions, which are of the best quality. 

AGRICULTURE. 

Thon~lr our State bas such immense mineral resources, yet a large 

proportiOn of her population is engaged in agriculture. Until of 

late years, although th~ soil is ric~ and gives g_e~erous ret?-rns, our people have paid but httle attentiOn to the raiSmg of agr10ult1;tral 

products for exportation. They were ·content to produce suffiment 

for home consumppon. But now they are becommg more and more interested in the pursuit of aw-iculture and the development of the 

great resources of the State. fhis is evidenced by the interest taken 

by the people in the different county fairs, and the number of granges 

in the .State. It was at first feared that the Patrons of Husbandry 

would drift intopolitics and lo!.'e their usefulness, but such is not the 

ease. They are doing a good 'York in ~est ,Virginia. No S~ate ~as a greater or better.variety o~ s01l, and w1t~ n:creased attentiOn g1ven 

tb' agriculture, w1tb our cl_Ima:te and proX!~!t.y to th~ g_re,at ~arkets, 

it may be predicted that m the near future West Vrrgm1a will take 

high rank as an agricultural as well as a mineral State. 

.AID TO AGRICULTURE. 

The General Government has from time to time found warrant in 

the Constitution to aid directly and indirectly other industries of 

minor importance. Then why not seriously take in hand the great 

underlying and fundamental interest upon which all others depend, 

and do what may be properly done to promote and encourage itT All 

other interests and industries in comparison are subordinate and in- . significant. 

The extremities should not be nursed and nourished and the body 

and heart remain abandoned and neglected. 

There is a feeling in the minds of the people t h&t there is too much 

political agitation and contention in Congress and out of it; that too 

much effort is made to gain and maintain party supremacy while 

weighter matters and the things that make for peaoo and tend to promote prosperity are neglected. · The-country ~nd the business interests want quiet and repose. Prog- ress success, and prosperity such as never blessed another nation or people are within our _grasp ; our ~anufacturing, commercial, ~d agricultural supremacy m the wqrld IS no longer doubtful, but certam 

and assured if only proper effort is made. 

Just to what ext-ent and in what manner and by what methods the 

great agricultural inter.ests of our entire country may be best promoted it wm be the duty upon the adoption of this resolution of the 

Senate and House Committ-ees on Agriculture to determine, and I 

have no doubt they will bring to the subject that careful and thoughtful consideration which it so justly merits. 

France has very recently appointed through her department of agriculture a commission of able and distinguished persons to examine 

into the subject of agriculture and to report what should be done to 

advance and encourage it. 

In urging the attention of Congress to agricultl!l'e I do not wish to 

detract from the importance of mining, manufacturing, and com- merce. The latter especially ought to be considered by Congress. Between 1850 and 1860 American bottoms or vessels carried fully 75 per 

oont. of our commerce; now only about ~ per cent. This ought not 

to be, and a remedy is needed·. 

CO:SCLUSIO:S. 

Heretofore much attenti.on and encouragement has been given by 

Congress and the departments of the Government to banks, railroads, 

tariff, &c., and but little to agriculture, which is the great interest 

upon which all depends. It is to be hoped there will be a change for 

t)le better and that the farming interest-s will receive more attention 

and encouragement. · President Hayes said, in his last message to Congress: 

The great ext.ent of our country, with ita diversity of soil and climate, enables na to produce within our o~ borders, and by our_ o~ ~~bor, not onl.Y the necessa- ries but most of the luxunes that are consumed m c1Tilized countnes. Yet, not- withstanding our advantages of soil, climate, and intercommunication, it appears from the statistical statements in the report of the Commissioner of Agriculture, t.bat wo import annually from foreign landS" many millions of dollars' worth of agrieultural products which could be raised in our own country. 

Mr. President, the world has had many grea.t and able men in sta.te 

and in war, among them, Alexander, Cresar, Napoleon, La Fayette, 

Wellington, Cicero, Burke, Pitt, Franklin, Hamilton, Jefferson, and 

Lincoln ; not one of these was, nor has the world yet produced, the 

equal of our great and pure Washington, who was "first in war, first 

in peace, and first in the hearts of his countrymen." 

In his eighth message to Congress he said: . 

It is not to be doubted that with reference either to individnal or national :welfare, agriculture is of primary importance. In proportion as.nations advance in 

population and bther circumstances of maturity thiS trn th becomes more apparent, 

and renders the cultivation of the soil more and more an object of public J,>3.tron- age. Tnstitntions for promoting it grow up, sup:pqrted by thepublic.purse; :and io 

what\)bject can it be dedicated with greater propriecy 7 : · . . · .. ... :: . 

Here we have iu the early days of our Government; when most of 

the makers of the Constitution were yet alive; from Washington, who 

did more to give us our liberties a.nd the Constitution· we ~ow. ~njoy 

than any other man, a. direct recogniti9n of the neceBIQ.ty and advantages of and the power and duty of Congress to encoUI1lge and foster 

agriculture. . · . . ., . . Mr. President, I ask the passage of this concurrent resolntio~,. and 

trust it may pass unanimously, as I think it ought to .. : . .. . Mr. PAD DOCK. Mr. President, I do not wish to retard .t.be .adoption of the resolution introduced by my colleague of the Comt;n~ttee 

on Agriculture, but I desire myself to speak briefly to this resolution, and I ask, therefore, that it may lie over for a time. 

Mr. DAVIS, of West Virginia. As a matter of course, when the 

cl1airman of the Committee on Agriculture request-s a po!itponement, 

I cannot refuse; but I will say to my friend, who is chairman of the 

committee of which I am a. member, that I hope that at as early a day a.s practicable, or as may be convenient for him, he _will caH :the 

resolution up, because if we are to have action upon it during this 

Congress, it ought to go to the House soon. . Mr. PADDOCK. I feel the same interest in the adoption of the 

resolution that my colleague on the committee does. Therefore I 

shall at the•earliest practicable day submit the few remarks that I 

may have occasion to submit. 

The VICE-PRESIDENT. The resolution g{}es over by .. common consent. 

lllSSOURI JUDICIAL DISTRICTS • 

Mr. THURMAN. I now ask for the consideration of·the ·bill of 

which I gave notice yesterday. , 

The VICE-PRESIDENT. The Senator from Ohio, in accordance 

with the notice given by him yesterday, a.sks the Senate 'to consider . at this time the bill (H. R. No. 5067) to divide the western district of 

Missouri into two divisions, and to prescribe the times and places for 

holding courts therein, and for other purposes . There being no objection, the Senate, as in Committee of the Whole, 

proceeded to consider the bill. 

An amendment was reported by the Committee on·the Judiciary, to 

strike out all after the enacting clause of the bill and in lien to insert the following: 

The western district of Missouri ia hereby divided into two divisions, whlch 

shall be known as the eastern and western divisionsof the west~rn district of :Missouri. The western division shall include the counties of Andrew, Atchison. Bar- ton, Bates, Buchanan, Caldwell, Carroll, Cass, Chariton, Clay, Clinton, Daviess, De Kalb, <rtmtry, Grnndy, Harrison, Holt, Jackson Jasper, La Fa.:vette, Linn 

Livingston, Mercer, Nodaway, Platte, Putnam, Ray, Saline, Soll.iyan, 'Vernon, and 

Worth; and a t.erm of the district court and circuit court of the United States forsaid district ehall be held therein a.t the city of Kansas on the third Monday in 

May and the third Monday in October of each year. The remaining counties 

~r:~~~~ts~~ ~::.1~ ~:~a~r:::Uu~i~ s:f:v;::~~r:;i!1A~bci: therein a.t the timee and place now prescribed by law. 

SEC. 2 . .All offenses hereafter committed in either of said divisions shall be cog- nizable and indictable within the division where COIIlKlitted; and all grand and 

petit jurors summoned for service in each division shall be inhabitants thereof. 

And all offenses heretofore committed within said district shall be prosecuted and 

tried as if this act had not passed. . 

SEC. 3 . .All civilsuita not of a local character which shall be heret}fter brought 

in the district or circuit courts of the United States for the west.ern district of 

Missouri in either of aa.id dhi.sions, against a sin~le defendant, or where all the 

defendrurt.a reside in the same division of said diBtrict, shall be brought in the 

division in which the defendant or defendants reside; .but if thero are two or more defendants residing in difl'erent division!!, such suit ma:y be brought in either divis. 

ion, and all1nesne and ·final process sn'bject to the proVlsion!t'of this act, issued in 

either Gf said divisions, may be served and executed in either or both of the divisions. 

SEc. 4. The clerks of the circuit and district courts for said district shall each 

appoint a depu~ clerk at the place where their respective courts are required to be held in the d1~ion of the district in which such clerk shall not himself reside 

each of whom shall, in the absence of the clerk, exercise all the powers and per: form all the duties of clerk within tho division for which he shall be appoint.ed: 

Provided, That the appointment of such deputies shall be approved by the court for which they shall be respectively appointed, and ma.y bo ann\llled by snch court at its pleasure. And the derk shall be responsible for the official acts and ne!7-

lects of all sueh deputies. . . -

SEc. 5. All civil suits and proceedings now j)ending in the circuit or district court of said western district of Missouri, and which wonld if ~stituted after 

the passage of this act, be required to be brought in the western division of said 

district, may be transferred, by consent of ·au the parties, to said western diVision 

of said district, and there disposed of in the same manner and with like effect as if the same had been there instituted; and all prooess, writs, and recognizances 

relatincr to such suits and proceedings so transferred shall be considered as belong- ing to the term of tho court in tho west.ern division of said district, in the same manner and with like effect as if they had been issued or taken in reference thereto 

originally. . . . . , . . . 

The amendment was agreed to. . . r · 

The btU wa.s reported to the Senate as amended; and the amendment wa.s concurred in. · 

The amendment was ordered to be engrossed and-' the . bill to· be 

read a third time. · 

The bill was read the third time, and passed. 

MESSAGE FROM THE HOUSE. . . . A messa~e from the Honse of Representatives, J>y Mr. GEORGE M. 

• 
/ 

436 CONGRESSIONAL RECORD-SENATE. . JANUARY 14, 

ADAMS, its Clerk; .._alin.o\Ulced that the Hotlse had concurred in the 

report! of the- committee o1 con.ference on the disagreeing votes of the 

two Hou.ses on' the< bill (H. R. No. 5230) making appropriations for the 

support of the Militai'y Academy for the fiscal year ending Jmfe 30, 

1880, and for other purposes. 

EXECUTIVE COMMUNICATION • 

T~e VICE-PRES~ENT laid before. t~e Se.nate a message from the 

Prestdent of the Umted States, transmitting, m answer to a resolution o~ the 17th of June, 1818, certain ~ports of the Commissioner of Agriculture on sheep husbandry; which wa.s referred to the Committee on Agriculture, and ordered to be printed. 

He ~o laid before the Senate a message from the President of the 

United States, transmitting, in answer to a resolution of June 3, 1878, a copy of the correspondence between the Government of the United 

States an1l that of Her Britanic Majesty in regard to invitin(J' other 

maritime powers to accede to the three rules of neutrality laid down 

in article 6 of the treaty of May 8, 1811 ; which was referred to the 

Committee on Foreign Relations, and ordered to be printed. 

He also' laid before the Senate a communication from the Secretary 

of the Navy,- transmitting, in answer to a resolution of February 6 

1877,-a narratiye of the second. expedition to the Arctic regions by ·the late Captam C. F. Hall, dnrmg the years 1864 to 1869; which was ordered to lie on the table and be printed. 

REVISIO~ OF THE PATE~"T LAWS. 

The VICE-PRESIDENT. The Senate will now proceed to the con- sideration of its unfinished business. 

The Senaw, as in Committee of the Whole, resumed the consideration of the bill (S. No. 300) to amend the statutes in relation to patents 

and for other purposes, the pending question being on the amendment 

proposed by Mr. MORGAN, to strike out lines 30 to 35, inclusive, of the 

second section, in the following words: 

' And whenever the court shall be of opinion that the suit of the plaintiff or the 

defense of the defendant was vexatious ud malicious, or the infringement was willful, the wurt nmy award against the defeated party such sum, by way of conn-· sel fees OoDd expenses of suit, as it shall deem just and reasonable. 

And to insert in lieu thereof: 

And whenever the court shall be of opinion that the suit of the plaintiff or the 

defense of the defendant was vexatious or malicious, or the :inf:i:in~ement was willful, the court may award against the party guilty of such vexatious or malicious conduct, or of such infringement_, such sum by way of counsel fees and ex- penses of suit as it shall deem just ana reasonable. 

Mr. MATTHEWS. Mr. President, the section of the bill that I suppose to be prominently in view of the Senate now is the second sec- tion, which I regard as the most important section of a very impor- · tant bill. It is evident from the course of the debate that the bill 

itself has received long and careful consideration from the Committee- on Patents, who have been assisted in their own reflections by 

argume:t;l.ts had before them frum persons qualified to represent all 

the vanous interests whiob are involved in legislation of this character. In consequence of the carefulness of the consideration which 

this bill bas received from the ha:t;1.ds of its framers, it is rather an uugraoiOU8 taak to enter upon a work of criticism; and yet, as every 

Senator musj; vot-e in accordance with the results of his own reflections upon t'he subject, I feel it due- to myself at least, and to such 

Senators as may choose to listen, to submit some objections which it 

seelll8 to me- are worth consideration in reference to this section of 

the bill. It may not be my good fortune to sAy anything which has 

not already been considered by the committee, and to which the advocates of the bill may not be ready at any time to furnish satisfactory answers-; but as I have not yet heard any such I am compelled 

to make the objectiom which seem to me to avail. 

The first criticism I have to make in reference to this section is a verbal on& and easily obviated if there be a-nything substantial in it. 

The first sentence of the second section applies to pending snits, and 

prescribes that in such in which no final verdict has yet been ren- dered, or in which no decree for an account or settlement of damages has yet been pronounced,. the measure of the plaintiff's recovery 

shall be the same, whether the suit be a't law or in equity. Theremainder of the section, as I suppose and assume, was intended to 

prescribe & rule of damages for fut~ suits and actions; and yet the 

language of the remainder of the section does not so express the intention, and· it might not be consideTed any extraordinary refinement 

of interpretation which· should restrict and confine all the clauses of 

that section to p_ending snits, leaving the rule of damages as it now exists to be- appli,ed to. all future actions and suits. · It is true that in the second sentence it is provided that if a license 

fee has already been established by a reasonable number of transactions ap~licable to the case at bar, such license fee .or a proportion 

thereat according to the extent and duration of the infringement 

proved shall be the measure of the plaintiff's recovery in :ill cases, 

which would seem perhaps to be large enough to include possible as well as aetual cases; and yet there would be nothin~ at all unreason- able in restricting that language to the cases mentiOned in the first 

<llanse of tho second section. It says : In all finit:a for the infringement of a patent, in which, at the date of the passage 

of this act, BO final verdict has been rendered, or no decree for an acconn.t or assess- ment of damages bas been pronounced, the measure of the plaintiff's recovery shall 

be fhe aame, botll in bow and in equity. · 

Mr. HOAR. That aeems to me to incluue all future verdicts and 

all future decrees, whether in pending snits or in suits hereafter to 

be brought. 

Mr. MA'f'FHEWS. _It may possibly mean that; and yet that is 

not the obv1ous meanmg of it; and if we are legislating certainly 

the matter ought to be put beyond any reasonable doubt; 1 indeed it 

ought to be put beyond any doubt. 

But t.he next objection I have to this section Mr. President is of mor~ co~seq uence. After providing that in actio~s at law or in ~nit in 

eqmty, if such be the application of the langua(J'e a license fee predicated upon an established and reasonable numbe~ ~f transactions shall 

be the measure and li~it of th.e plaintiff's recovery, an exception is 

made, and ~hat exceptiOn applies to cases both at law and in equity. 

The exceptiOn covers those "cases where the defendant has made an actual profit from making for sale or selling t.he thincr patented or the product thereof," and pre cribes that in such excepted cases, where 

the defendant has made such an actual profit from the making for 

sale or the actual sale of ~he thing patented, "the proportion of the 

actual profit of snob ~aking for sale or selling due to said infringement shall be determmed," and that "that proportion" as and when ~etermined of such actual profit "shall be the measnr~ of the plaiD tIff's rewvery." ~d now, in order, in actions at ·law, to provide a .mode for ascertammg such profit and such proportion of the profits as may be duet? the use of.the infringement, it 1s provided that "the 

court may. appo~t an_ auditor to _ascertain the same, and his report 

shall bepnmafacu eyidence; but if such proportion shall not be equal 

to the amount of a license fee established or to be determined in the manner hereinafter provided, the plaintiff shall be entitled to recover such amount or so much thereof as shall be in excess of the profits so awarded." . . 

Now, it is to ~.remembered that it is an attempt to provide the 

mode for ascertammg the dama~es to be assessed and for which judgment is to be rendered in an act10n at law to recover dama(J'es for the infring~mentof a patent. linquireofthecommittee bywha.tanthority 

they withdraw from the consideration of the jury empaneled to try ~uch a cas~ the question of :the amount of the recovery and seek to mterpola~mto that proc~edmg a proceeding at common law, the report 

of an auditor to ascertain the dama(J'es for which the verdict should 

be rendered, which it is declared in the same terms is not to be con- clusive bnt only prima facie evidence of the amount to be rendered as the judgm~nt, and to whose discretion is that matter subsequently 

to be_ submitted T Thatof.thecourtT Oris thejurytopnsswiththeaid ?f thi.s report from. an ~uditor ~pon the €{nestion of the damages l And ~f so, at what ~enod m the history of the suit, and when and how is 

1t ~ be determm~ that the case is one for the interposition of an au~ tor to ascertam thes~ facts f At what stage of the trial, on whose 

motion, by what suggestiOn, upon what testimony 'f Because it is not 

and cannot be known in advance by either court or jury when the case !s about to b~ submitted to the jury, when the jury is s~orn to try the 

18Suesoffactmvolved upon the pleadings, when the testimony is taken 

whether the case is one of the excepted cases in reference to which an ~udjtor shall be appointed, or whether it is a case in reference to 

whtch the s~tutory rule measuring the damages is to be applied. Is 

th~ court to mterrnpt ~he co~e of proced~ on the discovery upon - eVIdence of the fact which constitutes the contingency for the appointment of the auditor and thereupon appoint the auditor and dismiss 

the jury, or what is to become of the case T 

I doubt, Mr. President, very seriously whether these provisions are either practicable or constitutional. The Constitution of the United 

States expressly provides, in the seventh article of amentlmeuts, thatIn ~nita a.t common law, where the value in controversy shall exceed ew, the ri~ht 

of trial "!lY Jury shall be preserved, a!ld no fact tried by a jury shall be otherwt86 

re-exammed in any court of the Umtoo Staies than according to the rules of th6 common law. 

Is this fact to be passed upon by the jury and then re-examined 

upon the report of an auditor by the court, or is the cause to be 

arrested prior :to the verdict by the judge, the jury dismissed, and the cause submitted without a jury upon the question of damages, and 

without the consent of the parties f 

It seems to me that these provisions are lackin~ at least in that 

definiteness of detail which if prescribed might possibly extricate the 

whole section from the category in which I think it now stands both ~ being impracticable of ·execution, or if practicable then in ~ola­ tion of a fundamental principle of the Constitution. 

But I object further, Mr. President, to the entire section as it stands, 

to its substance, to it.s merits, as undertaking to originate and prescribe a statutory rule for the measurement of damages recoverable 

at law or in equity for the infringement of natents. By the terms of 

the Constitution, under which the jurisdiction of Congress to legislate at all upon this subject vests, it is provided thatThe Congress shall have power *' " * to promote the progress of science 

.and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. 

The very means by which Congress is toO exert its authority as con- ferred in this section is provided by the Constitution itself. It is a recogn?-tio~ perhaps of. t~e natura~ righ~ of property in ideas when 

embodied m useful wntings and mvent10ns ; bnt whether it be the 

creation merely of law or a declaration by law of that which nature 

has previously declared and established, Con~ss is required in ita 

legislation to do one· thing. in all that it does; mall that it attempts 
. .... 

1879. CONGRESSIONAL RECORD-SENATE. 437 

it has one object in view; and that is to secure for a limited t ime to 

authors and inventors an exclusive right. An exclu.sive right is a right which excludes that of all others. It is a monopoly. It is a declaration of a title to private property vested in the originator and owner and sanctioned by this constitutional prescription. Congress 

in pursuance of that power has legislated and undertakes to secure to mventors and to authors for the times named in the. various statutes on that subject the ~xclusive ~ght of property in that which thus 

is secured. How is that right ut~fended from inva.sion, for no con- gressional legislative declaration could ue self-executing f Remedies 

for the wrong which is correlative to this right must be provided, and 

they must correspond to the nature of the right and be coexten ive 

with it. Accgrdingh- that wonderful weapon of .equity courts, both 

for offense and defen'se, the writ of injunction, is the substantial and 

efficacious remedy that steps in to redress wrong by preventing 

wrong. It comes in at the beginning. As soon as tbe knowledge of 

the infraction of the right comes home to the owner of the right, he can appeal-to the preventive justice of courts of equity and obtain an order prohibiting the wrong-doer from continuing his wrong-doing. 

Without that there would be no security for this right. Without that. all other remedies provided for the security and protection of it would 

be illusory, would certainly not be adeqna.te. It is the injunction 

granted upon proper prima facie evidtmce of the existence of the 

right and of its infringemenit, perpetuated upon :final hearing upon 

proof of the facts at issue. The question of damages is either a question that is merely auxiliary and accessory to that, incident to it, as compensation for the infringement during the period when the cause was pending or before the bill was filed and before the injunction 

could h;we been obtained; or it may be, at the election of the owner of the patent, compensation to him in full for all that he asks; and 

in that case it ammmts to a license; for 'Yhim the owner of a patent 

chooses not to insist technically upon the specific enforcement of his 

exclusive rig:bt, but is willing to obtain money compensation in lien 

of it, that is granting, during the time for which damages are recov- ered, a lawful license to the defendant to do that for which he thus 

pays. This bill, Mr. President7 in the second section undertakes to do 

what I believe never was undertaken before in a statute. Indeed, it 

undertakes to do two things in respect of which I now recollect no precedent. It undertakes to prescribe a rule of damages by stJltute 

which is not certainly usnaJly done except in statutes of a penal character. Damages for the infringement of ordinary rights at the com- mon law are provided by roles either of law or of practice established 

by judicial decisions, and are largely in the discretion of the tribunal 

to whom the actual computation is submitted. That is one cf the 

very offices of a jury. It has been considere.d one of the very grounds 

of commending that institution, that the average good sense of twelve 

true and lawful men selected from the vicinity could judge without 

arbitrary, technical, arti1icial, and exact rule, from their common knowledge of the common affairs of men, what unde:r the circumstances ought to be and would be a fair eompensation for the injury 

proved. This bill not only undertakes to introduce-into our jurisprudence a fixed statutory rule for the measurement and computation of 

damages in this specified class of cases, but it undertakes to do that 

by breaking down and overruling a series of judicial dec~sions which 

have been built up according to the principles of equity jurisprudence 

and of common law from year to year for many years until it has ac- quired the proportions of a system. 

Mr. President, that system may not be a good one; it may ~ot be 

the best. It may have been the cover for many abuses. That I do 

not deny; but I am very fearful that this attempt by a iix.ed statutory provision to set aside those decisions and to introduce a new rule will lead to far Jl\Ore abuses in number and far greater abuses 

in importance than those it is sought to remove. I have adverted to the use of the injunction as a means for the 

specific protection of t.llis exclusive right. That is not touched. 

As to the question of damages, why not leave it just as the question 

of damages is left in any other case f If it is thought,that an error has crept into the system by treating the wrong-doer in equity as a trustee for the owner of the patent, and so holding him to an account 

of the profits which he has made by the use of another's property, 

why not, then, simply content ourselves with abolishing that as the 

exclusive rule, and leaving the whole ground and area of compensation for damages before the jury and before the court, both c£S to evidence and as to argument f . The damages in one case may be no rule for damages in another. 

What are the damages f For the ordina'ry breach of a right they are that sum of money which, in thejudgmentof the tribunal, ought 

to be considered a fair compensation t-o the plaintiff for the loss of 

that of which he ha.s been deprived by the a-ct of the defendant.. 

Why not allow that loss to be measured by the rules of the common law in actions at common law, by applying them to this subjectmatter, and leaving open to the consideration of the court and jury 

every single circumstance that can properly reflect upon it f \Vhy 

not leave the whole question of profits and of savings1 both in the 

manufacture for sale and the actual sale, as well as the use of the 

thing patented together with every other item of evidence which can be addn.ced either to show the utility or the inutility of the improvement pa-tented, open for consideration, in order that in each case, ac- cording to its individu al circumstances, the jury, if that be t he tribunal selected by the party, or tire court, if it be required to. act as an assessor, to awam damages ior the ail iJ~teri-llJ. breach of the right, may 

be at liberty to :fin.d.in any of the rules of la.w 01: equity or in llil the 

facts which may be brought to its attention by competent evidence, 

wherein the plaintiff has been wronged and how much he has lost, 

in order that he may have full compensation made to him for this 

loss which he has suffered f Then it would be appropriate to add to 

that, as is done in one of the cla.uses of this section, in cases of vexa- tious and malicious snits ordefenses,such additional amount maybe 

awarded by way of penalty proportioned to tho expense of the litigation as shall make the amount awarded a full .compensation not only 

for the breach of the right, but for the expense of maintaining it. 

This section does not conform to that idea. It undertakes to introduce and e tablish a new rule, by o'\"'erthrowing in many of the cases a part of that which ha.s been established, drawing aline of distinction where to my mind there can be no diff~r.ence, excluding, as -it 

does positively and peremptorily in all cases any· account oi sa.viugs 

effected by reason of an improvement, when the very profit whioh 

otherwise is allowabl~ may depend entirely on the fuct and the amount 

ofsaving. • Therefore the section, as it seems to me, is not only impracticable, 

bnt is inconsistent, unjust, and violates fundamental provisions-of 

constitutional law. Unless these objections are removed by what I 

sh:ill hear further from the advocates of the bill, I shall be compelled, 

if for no other reason yet for these reasons, to vote against the en-tire 

proposed statute. 

Although I have not formally submitted any such amendment, and 

I do not know whether the bill is in a st.ate where it would be proper 

for me to move to amend it, inasmuch as there are two pending 

amendtflents I think, I would propose after the word 11'bases," in line 

10 of the second section, tQ strike out all of that clause of the section 

down to the word "awarded'' in line 23; so that the clause would then 

read: 

If a license fee has already been established by a rea.BOJ)able number of transac- tions applicable to the case at bar, such license fee, or a DOrlion thereof, according to the extent and duration of the infringement proved, sliall be the measure of the 

plaint:i.Jf's recovery in all cases. 

Then leaving out that which intervenes and beginning again on line 

24, it· would read: · 

If a. license fee has not already been esb.blishecll>y a.reaso]lable nQ.JDber of trans- actions applicable to the case at bar, a. license fee lor the use actually made shall 

be detemuned 'from all the eTidence in the case. · 

Leaving out _the words which follow in that clause down to and 

including the word "recovery," in line 29, the section would then 

continue as follows, as it now stands: 

And whene'"er tlie court shall be of opinion that the suit of the J;~lainti1f or the 

defense of the defendant was vexatious and malicious, or the infringement was willful, the court may award against the defeated party such sum by way of coun- sel fees and expenses of suit as it shall deem just and reasonable. 

Then strike out in the next clause all that follows down to the proviso, and insert in lien of it : 

Yo account Qf profits or savings shall in any case be allowed-

)leaning by that, shall be allowed as a measure of damagesbut evidence thereof may be admitted as tending to prove what shall be deemed a reasonable license fee as compenS&tion for the infringement. 

At the proper time, if this be not that time, I propose to submit the 

amendment I have suggested. 

The PRESIDING OFFICER, (Mr. L~GALLS in. the chair.) The 

pending question is on the amendment offe.red by the Senator from 

Alabama, (Ur. MORGA..~.] 

}fr. CONKLJN"G. Let it be reported. 

'fhe PRESIDING OFFICER. The a-mendment will be read by the 

Secretary. 

The Secretary read as follows : 

trike out lines 30 to 35 in lusive~ of section 2, and insert as a substitute therefor: 

And wheneYer the court shall be of opinion that the suit of the plaintiff or the 

defense of the defendant was vexations or malicious, or the infringement was willful, the court may a. ward against the party guilty of such veDJ.tious or malicious 

conduct, or of such infringement, such ~um, by way of counsel fees and expenses 

of sliit, a it hall deem just and reasonable. 

The amendment was agreed to. 

Mr. D.4..VIS, of illinois. I would state, Mr. President, that I share 

the views of the Senator from Ohio [Mr. MATI'HEWS] in relation to 

this section, as I expressed before the recess; and if his amendments are adopted and they can come in before mine I shall withdraw my 

amendments. If they are not adopted I shall inaist on mine. 

Mr. MATTHEWS. Then I now move, Mr. President, aa an entire 

amendment the matters which I have stated,- to wit, to strike out, 

after the word "cases," in line 10 of section 2, all of that.olause; including the word "awarded," in line 23; all.d in the second clause, to 

strike out, beginning in line Zl, the words '

1 and if the case shall not 

fall within the exception aforesaid the same shall be adopted as the 

measure of the plaintiff's recovery." . That is necessary to be stricken 

out if the other is. Then also I move to strike out, beginning with 

line 36, all that part of that clause to the proviso, and insert instead 

thereof the following: 

No account of Jlrofi.tsor savin~s shall in any case be allowed, but eviden~e thereof may be a<lmitted as tending to prove what shall be deemed a rea.'30n:lble license fee as compensation for t he infringement. . 

.. 

; 

' 

/ 
438 CONGRESSIONAL RECORD-SENATE. JANUARY 14, 

These constitute the whole amendment. I understand by the use of tte word "account" there the teohri:ical accounting as usual in 

equitv in a suit for that purpose, compelling a discovery nnder oath or pl-Oof by boO~ and papers, &c., of the details of the items in each case. · · · · · 

Mr."W AD LEIGH.- Mr. President, if I correctly understand the Senater from Ohio, his first objection to the second section rests upon the 

unoonstitotianality of that proviso a1lowing the appointment of an auditor bv a <iourt of law to ascertain the amount of profits made by 

the deferiJant, and making the report of that auditor prima facie evidence iil the subsequent proceedings. That objection rests, as I understand, on that provision of the Constitution of the United States which 

requires. tliat i~ all cases involving $20 and over the right of trial by 

jtlry shall be preserved. 

Mr." President, if tbat clause of the Constitution makes this provis· 

ion of the secOnd section unconstitutional, it makes unconstitutional 

the laws of all those St'ates which allow courts of law to appoint an auditor whose report shall be printajacieevidence before a jury. That 

is the law in my own State, ~d has been for a long time. I understand \t to be the law in all the New England States and in the State 

of New York, and probably in many other States. The constitutionality of those proVIBions has been attacked, and the courts of the vari- ous States have uniformly, with one exception, (and that I think is 

in Rhode Island, and rests upon peculiar provisions which do not 

exist anywhere else, and of course the reason is not applicable here,) 

held t:bat notwithstanding that provision of the Constitution such 

laws are constitutional. I am not aware that the point has ever been raised in the courts of the United States; I have been unable to 

find any decis\ons there; ·but with the overwhelming weigh\ of au- thority in the State corirts that provisions of this character do not 

conftict with the Constitution of the United States, the committee 

has deemed it proper to insert this provision in this bill, believing it 

to be reasonable nndjnst. 

Now, Mr. President, one object of this bill was to prevent different 

recoveries in different courts; ·to provide that the rule of recovery 

should be the same in courts of equity as in courts of law, and that 

the measure of damages iu both courts should be the same. If that 

is toLe carried out, there must be some provision for taking an·account in a court of law. , The Senator from Ohio says that the absence of any provision in 

this bill as to the detail of procedure renders this obuoxioUB. Why, 

sir, the courts themselves, if this bill becomes a law, will make rules 

l,>y which their proceedings will bezoverned. Can there be any doubt 

that a court of law can make a pf'oper rnle as to when a party shall 

ask for the account, as to the evidence upon which it shall be granted, as to the cases in which it is proper, and as to the mode in which that ~ccount when taken shall go to the jury! I do not see that there can 

be any difficulty about that. 

My friend the Senator from Ohio says t.hat this second section 

excludes the.consideration of savings. Mr. President, it does no such 

thing. What are savings! Savings consist merely in the advantage 

which the new machine bas over the old method ; in that consists the 

utility of the machine or invention. Now, this section provides that 

the utilitv of the invention shall be one of the elements to be con- sidered ill making up what damages the plaintiff shall have. '.I;'his 

matter of savings can be gone into as evidence to show what the 

license fee should be; but this section changes the law in that, whereas now the savings are considered as profits when they are not justly ~Q, and become the measure and the inexorable measure of damages. 

If 'thiS section becomes a law the amount of savings or the utility of 

the invention becomes simply evidence to enable . the tribunal to 

judge of·what the license fee should be. 

Mr. MATTHEWS. Will the Senator from New Hampshire allow me to inten-npt him a moment to call his attention on that very point 

to the language of the bill which I think excludes the very idea that 

he now insists upon, because it says in the proviso "that nothing 

herein contained shall exclude other evidence." Other than what Y 

Other than these very savings. And does not that e~clude evidence 

of the savings of which it is said no account shall be taken! 

Mr. WAD LEIGH. It may exclude evidence of what the savings 

of that particular machine may have been in the case in whi~h it has 

been used. 

Mr. EDMUNDS. That is the very case where the question would 

arise. 

Mr. WAD LEIGH. The amount of savings always depends upon 

very many things which cannot properly be taken into the account. 

It depends upon the skill of the defendant, upon a great many other 

patented inventions perhaps, and upon many things. As the law is 

now, whenever it is ascertained what the amount of savings has been, 

they are deemed to be profits, and they become the measure of the 

damages of the plaint-lffl= The defendant has to account for the 

amount of those savings. As I stated the other day, those savings are not the. real profits of the defendant in any case, and it is unjust 

to allow them t.o Le considered so. This bill says that that account 

of savings shall not be evidence, but that the plaintiff may show what 

the machine will save, what the invention will do, how much may be 

made out of it, and what the advantages that it possesses are over the 

old method by which the same work can be done. It seems to me that that is all that should be required in reference to this matter. 

Mr. CHRISTIANCY. 1\Ir. President, while I am not prepared to 

con cUI' at present in the constitutional view presented by the Senator 

from Ohio, l'am still muc~ "inclined to think that the amendment 

which he has proposed would make this bill better. I wish to see that 

amendment and see it in its connection, and I think every Senator 

would like to see the same thing. I would therefore suggest that the 

matter be now informally laid over and that the proposed amendment 

be printed, so that every Senator may see and consider it. 

The PRESIDING OFFICER. Is there objection to the suggestion 

made by the Senator from Michigan T The Chair hears none, and the 

order will be made. 

Mr. HOAR. Mr. President, I desire to say a word or two in reply 

to the Senator from Ohio. Perhaps, as what he has said is now fresh· in the memory of the Senate, I had better say it at once. It seems to me that this question about which the Senator from Ohio 

finds a constitutional difficulty, is a very simple one. I suppose that it is no infringement upon the constitutional right to a trial by jury in all cases involving more than $'20, to make provision by law for the perfection of the mechanism in cases in regard to which the intelligent action 

of a jury is impracticable. Now, there are many caUBes which arise 

for trial in courts of justicei in regard to which an intelligent determination by a jury is simp y impossible ; and they are cases which 

arise upon issues joined upon pleadings at common law, cases which 

involve complicated and profound mathematical calculations, cases which invol-ve survey , cases which involve accounts including large 

numbers of figures to which the human memory is absolutely inadequate without the service of experts, and without the power to write 

down results, and without the power to make calculations, which are impossible in the ordinary course of ajnry trial. For that class of cases the service of an auditor is absolutely indispensable, preserving of course the right of the jury to overrule the decision of the auditor and come to a different result whenever any mistake is pointed out by 

either side ; and that has been held to be constitutional, if I am not 

mistaken, in every court in this country in which the question has 

been raised. 

It has been a practice in the New England States and in other of 

the States time on t of mind, and it is by no means taking from a j nry 

the constitutional power of determining cases; it is simply supplementing and perfecting the mechanism of jury trial in cases where 

without such supplementing and perfecting by this additional use of 

the audit~r a jury trial is totally inadequate and impossible. The 

Senator might as well claim that the use of a microscope or that the use of a yard-stick or that the use of a bushel-basket for the purpose 

of scrutiny or weighing or measuring if a jury should weigh and determine the resul~ was unconstitutional as to argue at this time in 

the history of American jurisprudence that the use of an auditor is 

unconetitutional. 

Mr. MATTHEWS. Will the Senator allow me to make an inqniryf 

Mr. HOAR. Certainly. 

Mr. MATTHEWS. If I understand him, this report of the auditor 

is to be submitted for the consideration of the jury. 

Mr. HOAR. Undoubtedly. 

Mr. MATTHEWS. Now, then, the case, as I supposed, has been 

commenced, and must have been, according to the bill, before the 

fact is known whether or not it is one of the excepted cases in which 

there are profits which have been made from the sale or use of the 

thing patented. Now, as a matter of practice, I beg to inquire of the 

Senator from Massachusetts what would be the working of the sill 

after a snit has begun Y The trial is on, and the fact arise-s in the case which necessitates its interruption in order to refer it to au au- ditor to make an inquiry. 'Phen what becomes of the casef What 

becomes of the jury! And to what jury subsequently is this report 

of the auditor to be submitted f The same jury that was impaneled 

originally or some subsequent jury which a year or two afterward 

may still survive for that purpose Y 

Mr. HOAR. Well, Mr. President, that question is a mere restatement of the second point of the Senator from Ohio. I was dealing 

with the first point, the constitutional question, but I will come to 

the second point and answer the Senator's question. 

In practice, as every Senator knows who is familiar with those 

jurisdictions where this method is common, that creates no difficulty. 

In nine cases out of ten where au auditor is desired, it is desired by 

both parties, and counsel inform the court before the case is reached 

of the necessity for an auditor. It is preci86ly similar to a good many cases where a master is appointed by a court of equity to examine 

accounts. In other cases, where the counsel are not agreed, it is 

usual either to give the court a brief information of the nature and 

character of the cause, or at any rate in very rare cases the question 

does not come up until the case is opened and the judge sees that 

such an inquiry is to be ordered. The pleadings iu nine cases out of 

ten will so inform the court. That objection of the Senator would 

apply not only to all patent causes, but to all cases tried by a jury in 

which the services of an auditor are called in. 

Then I wish to say one word in regard to the Senator's criticism upon 

the rule of damages laid down by this bill. The Senator does not 

attack this section of the bill by any suggestion that the rule of damages which it proposes is unreasonable or unjUBt, if I understood his 

very clear and lucid argument correctly, but it is that the rule of damages is prescribed by statute at all when he thinks it.should be left 

to a jury. But certainly, Mr. President, the measure of dama~es in any case, whether in law or in equity, is a question of law i it 1S dEr 
-

1879. CONGRESSIONAL RECORD-HOUSE. 439 

clared by the court. An erroneous declaration of the rnle of damages 

by the court to the jury is ground of exception and new tria1. So that 

the power which declares the law, and not the power whioh ascertains 

the facts, is the power which is to declare the rnle of damages which 

is to prevail, and it follows from that that the rnle of damages must 

be the same for all like cases. Well, now it has been found that the rule of damages in these patent causes which holds the defendant to be a trustee for the plaintiff 

in relation to all the profits which he ha.s made by-the use of the 

invention in case of an infringement has in practice become an intolemble grievance. It is an intolerable grievance for two reasons: :first, because ordinarily it is an incorrect rule and the injury to the 

plaintiff is ordinarily far short of the saving which an infringer may 

have mac1e by the nse of a labor-saving invention. In the next place, 

it is an intolerable grievance because of the opportunity which it 

offers for oppressiQn of poor defendants by complainants and the oppression of poor but honest complainants by defendants. The undertaking to enter upon and to delay the final judgment of a patent cause by inquiries into the profits of va.st business undertakings in 

which patented inventions are used occasions very often years of 

delay and the most enormous expenditure, and it is the one blot on the patent law. Tho large number of persons before us, representing 

all the interests of inventors, infringers, lawyers, plaintiffs, defendants, all agree that complainants are often debarred from asserting 

and maintaining just claims by the cost of being compelled to go 

into these expensive and protracted investigations when they were required by the defendants, and that on the other hand the defendant was overburdened by costs and delay and to his ruin by being com- pelled to go into this class of investigation; and, therefore, the com- mittee were of opinion that on the whole justice was best attained by 

adopting the simple, clear, practical ru1e which is set forth in the 

second section, which, although not absolutely complete for all cases, 

is the most complete practical ru1e for all cases which the committee, 

hearing all interests, have been able to devise. 

If that be true, and we are justified in affirming to the Senate that 

it is the result of the greatest experi_ence ·in patent causes in this 

country so far as we can learn that resUlt, then it seems to me that it 

is proper for the law-making power to enact a ru1e of law by which 

damages are to be assessed hereafter just as much as it was proper for 

the Judiciary in the beginning to decL'tl'e, in the absence of the statute enactment, the rule which they would lay down. 

The PRESIDING OFFICER. The Secretary will report the pending amenclment. 

Mr. DAVIS, of Illinois. The motion of the Senator from Michigan was to have the billlaJd over and the amendment printed. 

The PRESIDING OFFICER. The Chair understood the suggestion 

to be made that the amendment be printed, but did not understand 

that the bill shou1d be laid over. Mr. DAVIS, of Illinois. He• said temporarily laid over, at any rato 

until we could get the amendment in print. 

Mr. CHRISTIANCY. Mr. President, I have on.e word to say which 

is suggest~d to me by the argument of the Senator from Massachusetts upon the constitutional question which is raised by the Senator 

from Ohio. · 

Mr. President, although the Constitution give~ an exclusive right 

to an inventor to his invention or discovery, I do not therefore think 

it incompetent for Con~ess to provide a remedy and in the providing 

of that remedy to provide rules of damages or as to amounts of recov- ery. All the duty which devolves upon Congress in that direction is 

that they shall give a competent remedy for the violation of the patentees' rights, and it makes no difterence in my view what that form 

may be~ that it remains a competent remedy and will give ai adequate compensation. -

Mr. HOAR. Mr. President, I propose to offer an amendment to the 

.sevent].t section. It was intended to 'Qe inserted by the committee 

when they reported the bill, but was omitted by accident. All the 

memb13rs of the committee assent to it, I believe. . The PRESIDING OFFICER. Does the Senator desire the amendment to be printed T : Mr. HOAR. I submit the amendment, and wou1d like to have it 

printed. • The PRESIDING OFFICER. It will be so ordered. 

Mr. WADLEIGH. I offer a similar amendment, which has been 

agreed to by the committee, and which was handed me by the chairman, on going away, wit.h the request that I should submit it. 

The PRESIDING OFFICER. Does the Senator desire to have it 

printed f 

Mr. WADLEIGH. Yes, sir. 

The PRESIDING OFFICER. That order will be made. 

Mr. CHRISTIANCY. I renew the suggestion which I made a little 

while ago that this bill be informally laid aside until to-morrow, and 

that in tho mean time the amendments be printed. 

The PRESIDING OFFICER. Is there objection to the pending bill 

ibeing informally laid aside until to-m!Jrrow f 

Mr. CHRISTIANCY. I shall not insist upon it if the committee 

.oppose it. 

The PRESIDING OFFICER. Is there objection to the bill being 

informally laid aside until to-morrow, then to be resumed as the 

unfinished business f The Chair hears no objection, and that order 

Mmade. 

Mr. DAVIS, of illinois. I wish to Jpove an amendment to the fifth 

section, which I submit to be printed. · 

The PRESIDING OFFICER. The order to be printed. will be made. 

Mr. HOAR. I should like to have the Senator's amendment read 

for information. 

The PRESIDING OFFICER. The amendment of the Senat{)r from 

Illinois will be reported. 

The SECRETARY. It is proposed to add to section 5: 

Prwided, That it shall not be lawful to grant any reissue of any patent fur any invention except the invention which was embraced in the original patent. 

EXECUTIVE SESSION. 

The PRESIDING OF~"'ICER. The Calendar of general orders is now before .the Senate. The Secretary will report the first bill. 

The first business on the Calendar was the joint resolution (8. R. 

No. 8) authorizing Captain Jonathan Young, of the United States 

Navy, to accept a betel-nut box: and a silver medal from the Emperor of Siam. 

Mr. SARGENT. I move that the Senate proceed to the consideration of executive business. 

The motion was a~reed to; and the Senate proceeded to the con- sideration of executive business. After fifteen minutes spent in ex- ecutive session the doors were reopened, and (at three o'clock and 

twelve minutee p.m.) the Senate adjourned. 

I' 

HOUSE OF REPRESENTATIVES. · 

TUESDAY, January 14, 1879. 

The Honse met at twelve o'clock m. Prayer by Rev. W. V. TUDOR, 

Methodist Episcopal Church South, Saint Louis, Missotll'i. 

The Journal of yesterday was read ·and apprqved. 

ORDER OF BUSINESS. 

Mr. HASKELL. I move that there be so much of a morning hour 

this morning as will permit the call of State.s and Territories for the 

introduction of bills. There was no morning hour yesterday for that 

purpose. 

Mr. Mc~IAHON. I object. 

Mr. COX, of New York. I hope we will have a morning hour for 

the introduction of bills. 

Mr. McMAHON. I object. 

The SPEAKER. It requires unanimous consent. 

THE LATE ALPHEUS S. wlLLIAl\IS. 

Mr. HUBBELL. I ask unanimous consent to submit for consideration at this time the resolution which I send to the Clerk's desk. 

The Clerk read as follows: 

Resolved, That the Committee on Appropriations be instrncted to include in the 

sundry civil appropriation bill an item aJ.opropriating a sum sufficient to pay the widow of the late Alpheas S. Williams, late atRepresentative from the State of 

~hl~~~ ~-::: e!:t!d.t he would have received for the remainder of the term for 

Mr. COX, of New York. Why cannot we also include in that resolution a provision for the salary of the late Represent.ative from 

Texas, Hon. Mr. Schleicher f 

The SPEAKER. That has already been provided for. 

There being no objection, the resolution was adoptedMr. HUBBELL. I desire to give notice that on Thursday, the 6th 

day of February next, I will call up the resolution in relation to eulogies upon my late colleague, Mr. W~ams. 

ORDER OF B'US~'"ESS. 

Mr. Mc~IAHON. I call for the regular order . . Mr. DURHAM. I desire to submit a privileged report. 

Mr. REAGAN. AHow me to ~sk an order of the House for the 

printing of ·certain documents for the use of the committee . The SPEAKER. The gentleman from ·Ohio [Mr. McMAHo~l demands the regular order. The gentleman from Kentucky [Mr. DURHili] is on the floor by reason of his right to submit a conference 

report; and he bas no power to yield the floor for some other purpose. 

Mr. DURHAM. If I bad the power I wou1d yield; btit the gentle- man from Ohio [Mr. McMAHON] calls for the regular order. 

The SPEAKER. The Chair does not think it is in the power of the 

gentleman to take the floor upon a privileged report and then parcel 

it out to others. 

MILITARY ACADEMY BILL. 

Mr. DURHAM. I submit the report which I send to the Clerk's 

desk. 

The Clerk reacl us follows: 

The committee of conference on the disagreeing votes of the two Htm.ses on the 

amendments of the Senate to the bill of the House 'No. 5230, making appropriations for the support of the Military Academy for the fiscal year ending .Tune 30, 1880, 

and for other purposes, having met, after full and free conference, liave agreed to 

recommend and do recommend tQ their respective Houses as follows: 

That the Senate recede from ita amendments numbered 1, 2, 3, and 4. That the Hou.se recede from its disagreement tQ the amendment numbered 9, and 

agree to the same. That the House recede from its disagreement to the amendment numbered 5, and a,.aree to the same with an amendment, as follows: In lieu of the sum proposed. 

insert " 900 ; " ood the Senate agree to the same.