1888. CONGRESSIONAL RECORD-HOUSE. 

John W. Brown, to _be postmasJ.erat Ness City, in the county of Ness 

and State of Kansas. 

Frank S. Blades, to be postmaster at Sterling, in the county of Rice 

and State of Kansas. · _ 

John F. Baker, to be postmaster at Ellsworth, in the county of Ellsworth and State of Kansas. 

William W. Threlkeld, to be postmaster at Scott, in the county ·of 

Scott and State of Kansas. • Louis E. Humrichouse, to be postmaster at Dighton, in the county 

of Lane and State of Kansas. 

Lewis R. Norton, to be postmaster at Westfield, in the county of 

Hampden and State of l\Iassachusetts. 

Henry'N. Pardee, to be postmaster at Northford, in the county of 

New Haven and State of Connecticut. 

Charles H. Edwards, to be postmaster at Portland, in the county of 

Middlesex and State of Connecticut. . Isaac R. Wilkinson, to be postmaster at Pawtucket, in the county of 

Providence and State of Rhode Island. • Charles H. George, to be postmaster at Providence, in the county of 

Providence and State of Rhode Island . . Susan C. Lewis, to be postmaster atOlneyville, in the county ofProvidence and State of Rhode Island. 

Frank,E. Fitzsimmons, to be po~tmaster at Lonsdale, in the county 

of Providence and State of Rhode Island. 

John F. Galvin, to be postmaster at East Greenwich, in the county 

of Kent and State of Rhode Island. 

Daniel W. Pratt, to be postmaster at Farmington, in- the county of 

Franklin and State of Maine. 

Oliver N. Goldsmith, to be postmaster at Englewood, in the county 

of Cook and State of Illinois. 

John W. Arnold, to be postmaster at Lockport, in the county ofWill 

and State of Illinois. - -

Lewis H. Wilcox, to be postmaster at Corunna, in the county of _Shiawassee and State of Michigan. 

Elvin L. Sprague, to be postmaster at Traverse City, in the county 

of Grand Traverse and State of Michigan. 

George W. Brown, to be postmaster at Cherokee, in the county of 

Crawford and State of Kansas. 

William -F. Trough ton, to be postmaster at Seneca, in the county of 

Nemaha and State of Kansas. 

Seneca B. Sproule, to be postmaster at Greensburgh, in the county of 

Kiowa and State of Kansas. 

GeorgeS. Selvidge, to be postmaster at Meade Centre, in the county 

of Meade and State of Kansas. 

Leonidas T. Reese, to be postmaster at Smith Centre, in the county 

of Smith and State of Kansas. 

Anna E. Ratcliffe, to be postmaster at Cimarron, in the county of 

Gray and State of Kansas. 

Patrick J. Morgan, to be postmaster at Solomon City, in the county 

of Dickinson and State of Kansas. 

John B. Kessler, to be postmaster at Ottawa, in the· county of Fl'anklin and State of Kansas. 

Isa-ac E. Johnson, to be postmaster at Syracuse, in the county of Hamilton and State of Kansas. 

David S. Gardiner, to be postmaster at Downs, in the county of Osborne and State of Kansas. 

James N. Fike, to be postmaster at Colby, in the county of Thomas 

and State of Kansas. 

George W. Farrelly, to be postmaster at Chanute, in the county of 

Neosho and State of Kansas. 

John E. Chapman, to be postmaster at La Cygne, in the county of 

Linn and State of Kansas. 

Daniel D. Murphy, to be postmaster at Red Jacket, in the county of 

·Houghton and State of Michigan. 

John G. Mansfield, to be postmaster at Buchanan, in the county of 

Berrien and State of Michigan. 

Julius Granger, to be postmaster at Fort Gratiot, in the county of 

St. Clair and State of Michigan. _ ' 

Leon Ephraim, to be postmaster at Manistique, in the county of 

Schoolcraft and State of Michigan. 

William Dester, to be postmaster at Berrien Springs, in the county of 

Berrien and State of l\Iichigan. 

Martin Cremer, to be postmaster at Ypsilanti, in the· county of Wash- .tenaw and State of Michigan. 

John H. Chapman, to be postmaster at Whitehall, in the county of 

Muskegon and State of Michigan. 

Theron L. Arnold, to be postmaster at Three Rivers, in the county of 

St. Joseph and State of Michigan. 

Thomas F. Gorman, to be postmaster at Whitinsville, in the county 

of Worcester and State of Massachusetts. 

Clarence L. Clark, to be postmaster at Janesville, in the county of 

Rock and State of Wisconsin. · Sarah Hodgdon, to be postmaster at Deming, in the county of Grant 

and Territory of New Mexico. _ Robert H. Hopper, to be postmaster at Kingston,·in the county of 

Sierra and Territory of New Mexico. 

Executive nominations confirmed by the Senate January 26, 1888. 

UNITED STATES . .ATTORNEY. 

John Blair Hoge, of the District of Columbia, to be attorney of the 

United States for the District of Columbia. 

.ASSOCIATE JUSTICE. 

Martin V. Montgomery, of Michigan, to be associate justice of the 

supreme court of the Dis~ict of Columbia~ 

HOUSE OF REPRESENTATIVES. 

THURSD.A. Y, January 26, 1888~ 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. 

H. MILBURN, D. D. 

The Journal ofyesterday's proceedings was read and approved. 

RECEIPTS .A.N~ EXPENDITURES, TREASURY DEP .A.RTMENT. 

The SPEAKER pro temjJore laid before the House a letter from the 

Secretary of the Treasury, transmitting statement of receipts and ex- penditures of that Department for the-fiscal year ended June 30, 1885; 

which was referred to the Committee on Expenditures in the Treasury 

Department, and ordered to be printed. 

MARRIA.GE BETWEEN WHITE MEN .AND INDIAN WOMEN. 

The SPEAKER pro tempore also laid before the House the bill (S. 

928) in relation to the marriage of white men and Indian women, re- called by resolution of the Senate on the 25th instant; which was read a first and second time, and referred to the Committee on the Judiciary. 

CHANGE OF REFERENCE. 

The SPEAKER pro tempm·e. .A. communication from the clerk of 

the Court of Claims, transmitting findings of fact in the French spoliation claim "Ship Joanna," was erroneously referred to the Committee on War Claims. Without objection, that committee will be discharged from its further consideration, and the same will be referred 

to the Committee on Appropriations. 

There was no objection, and it ':as so ordered. 

LE.A. VE OF ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. HoPKINS, 

of Virginia, ~or four days. 

DIRECT T.A.X. 

Mr. ELLIOTT, by unanimous consent, introduced a bill (H. R. 

5996) to settle claims arising out of the execution of the direct-t:tx: act 

of Congress, in Beaufort district, South Carolina; which was read a - first -and second time, referred to the Committee on the Judiciary, and 

ordered to be printed. 

PETITIONS REFERRED UNDER THE RULE. 

Mr. JACKSON. Mr. Speaker, I rise to a question of privilege. 

The SPEAKER pro tempo1·e. The gentleman will state it. 

Mr. JACKSON._. Within the last ten days I have, in accordance 

with the rules of this House, sent to the desk and had deposited in the 

petition-box, for reference, certain petitions addressed to the Congress, 

asking for legislation, that have not appeared in the RECORD at the 

proper time. One of these petitions was from the citizens of my dis-: trict against the admission of the Territory of Utah as a State, another was a petition asking Congress to increase the compensation of fourthclass postmasters, and a third was a numerously~signed petition by 

citizens of Pennsylvania asking the passage of a law prohibiting the 

manufacture and sale of intoxicating liquors within the District of Columbia. -

In the case of neither petition did ther~appear in the CONGRESSIONAL 

RECORD of the following morning any notice of its_..presentation. Under the rule lists of these petitions are made up in the Clerk's office and 

sent for publication in the RECORD. I made inquiry; and in one case the petition clerk made search and found one of the petitions some time 

after among other papers, and on the following day it appeared noted in 

the RECORD. The others have not as yet been noticed in the RECORD, so far as I have been able to learn. One of these was presented yesterday, and another on Friday last, and the other on the Thursday preceding. 

I desire, therefore, to call the attention of the proper officers of the 

House to some app~ent oversight or clog in the maphinery regulating 

this part of the proceedings of the Honse. 

I need not say that this is a matter of considerable importance, not 

only to members of Congress themselves but to the people whom they 

represent, who desire to know that their petitions are duly presented 

and referred, as the right of petition is one of the highest privileges of 

the citizeil, and one t,hat shpnld in no manner be abridged. .A. notice 

in the RECORD at the time is, the only way our constituents have of 

knowing that their petitions have been properly presented to Congress. 

The officers of the House are usually so accurate and· careful in their 

duties that I know they will prefer to have their attention called to 
750 CONGRESSIONAL RECORD-HOUSE. J .ANU.ARY 25, 

the matters I have stated. I am aware that the new rules make it very 

difficult to properly refer petitiops promptly, and it may be that the 

Clerk is not furnished with sufficient help for the purpose. 

The SPEAKER pro te-npore. The Chair will state that .as this is operating under a new rule, it is possible some friction arises at first; but 

the Chair hopes and believes that timewillremovethe trouble of which 

the gentleman complains. 

INTERNATIONAL .AR:BITRATI.ON. 

Mr. BROWNE, of Indiana. Mr. Speaker, I ask unanimous consent 

t~ put in the RECORD the memorial of the Society of Friends of the 

United States, England, Canada, and Ireland, asking the establishment 

of an international tribunal to sec~ peace on earth and good-will 

amongst men. 

There was no objection. 

The memorial is as follows: 

To !he Senate and House of Representatives of the United States : 

The memorial of members of the Society of Friends assembled in a conference at Richmond, Ind., the 28th, 29th, and 30th of 9th month, 1887, respectfully showeth: '£hat we have met in conference as delegates from the religious Society of Friends in America, with the presence and concurrence CJf delegates from Eng- land and Ireland, to consider the great question of peace and good-will among nations. The people of the world are now happily at peace with each other. Let us seize this opportunity to prepare for a perpetual peace. Surely the sword 

has devoured enough, and the time has come for Christian nations to heed the message from heaven to the shepherds of Judea on the advent of the Messiah, "On earth peace, good-will towards men." 'Ye rejoice to obsen·e that successive administrations during tbe last twenty years have been seeking to introduce arbitration as a means of settling inter- national disputes. We especially rejoice that during the last Congress the United StatesSenateuuanimouslyapproveda hilldesigned to promote an agree- ment between all independent American nations to snhmit any future di:ffer- ences to arbitration. 

We hail as an evidence ofa.dvancedChr.istiancivilization and of true national fraternity the memorial in favor of i~ternational arbitration presented tO our President by 233 members of the British House of Commons, who pledge them- selves to urge their government to accept a treaty with the United States con- taining provisions by which any dispute which may arise between the two na- tions shall be peaceably adjusted by this means. It is time that the two great English-speaking nations, having the blood of a 

'COmmon ancestry and making Orristianity their common law, should add to their constitutional guaranties of civillibertya united pledge of perpetual peace. 'Ve desire that our beloved country may respond to the aforementioned me- morial. and that our President may be authorized to propose to the Queen of Great Britain and to arrange with her gove1:nment that arbitration shall in future be used as the means of settling any disputes between the two countries which can not be adjusted by diplomatic agency~ ' · Desiring that our heavenly Father, who can raise up nations to honor Him, or chastise them for disobedien~, mn.y gh·e you wisdom and willingness to do what is right, in His love and fear, we are, with great respect, your friends. 

Signed on behalf and by authority of the aforesaid conference. 

Wlii. G. HUBBARD, 

H.Al>"NAH w. BLACKIJ.URN, 

Secreta1'ies. 

AUGUSTINE JONES, 

· Chainnan. 

Timothy B. Hussey, for New Eng nd Yearly Meeting; Mary J. Weaver, , for New York Yearly :Meeting; Joseph Sholl, for Philadelph1a. Yearly 

Meeting; ]fary W . Thomas, for Baltimore Yearly Meeting; Abigai1 F . Mendenhall, for North Carolina Yearly Meeting; Edward G. "Yood, for Ohio Yearly Meeting;_ Daniel Hill, for Indiana. Yearly Meeting; Eamn.- bas C. Hobbs, for \Vestern Yearly Meet-ing; John T. Hanson, for Iowa Year~y Meeting; Washington Hadley, for Kansas Yearly Meeting. Supported by: George Gillett, of London Yearly Meeting; George Grubb, of Dublin Yeady 1\leeting; Samuel Rogers, of Canada Yearly Meeting. 

OOIDIITTEE SERVICE. • 

J\1r. CHEADLE. l'tlr. Speaker, soon after the announcement of the 

committees of the House I requested the Speaker to e~cuse me from 

service on the Committee on Claims, but I presume that in consequence 

of his sickness no action has been taken upon the request. I now ren ew it, and I:espectfully .ask to be excused from service on that committee. 

The SPEAKER pro tempore. Without objection·, tbe request of the 

gE:ntleman from Indiana. will be granted. 

There was no objection. 

favmable recommendation the bill (H. R. 5539) for the relief of John 

J. Coughlin; which was referred to the Committee of the Whole Honse 

on .the Privat-e Calendar, and, with the .accompanying report, (}rdered 

to be printed. 

WILEIAM GRAY~ 

Mr. SHAW also, from the Committee on Claims, reported back with 

a favorable recommendation the bill (H. R. 750) for the relief of William Gray; which was referrP.d to the Committee of the Whole House 

on the Private Calendar, and1 with the accompanying report, ordered 

to be printed. 

MESSAGE FROM THE 'SENATE. 

A message from the Senate by Mr. ::M:cCoox, its Secretary, informed 

the House that the Senate had pass~ witb a,mendments in whlch the 

concurrence of the House was requested, the bill (H. R. 4271) making 

appropriations to supply deficiencies in the appropriations for the fiscal 

year ending June 30, 1887, and for prior years, and for other purposes. 

FORFEITURE OF LANDS GRANTED TO MINNESOTA. 

Mr. LIND, by unanimous consent, introduced a bill (H. R. 5997) to 

forfeit certain lands heretofore granted to the State of Minnesota; which 

was read a fust and seoond time, referred to the C.Ommittee on the Public Lands, and ordered to be printed. 

ORDER OF BU~SS. 

The SPEAKER pro tempore. The call of committees for reports has 

•been completed. ~lr. DINGLEY. I ask the attention of the Chair for a moment. 

When the Committee on ~Ierchant ~!arine and Fisheries was called in 

the morning hour the other morning, a bill they desired to have considered had not been printed, and that committee was passed over. I 

ask tmanimous consent that that committee be called .after the business 

now pending in the morning hour is disposed of. The bill makes some 

slight amendments to the shipping act. . 

The SPEAKER pro tempore. Is there objectlon to the request of the 

gentieman from Maine? 

Mr. PERKINS. If! understood the gentleman from Uaine correctly, 

I do not desire to interpose any objection to his request. I understood 

him to ask that the bill he indicates be taken up in addition to the 

morning hour. 

The SPEAKER pro tempore. At the expiration of the morning hour. -

The Chair hears no objection to the gentleman's request. The call of 

committees for the consideration of 'bills in the morning hour rests with 

the Committee on Indian Affairs. T.be gentleman from Arkansas [Mr. 

PEEL] is entit1ed to the floor. 

Mr. PERKINS. Before the gentleman from Arkansas proceeds I 

would like to ask if we can not come to SOIJl.e understanding with regard to the time to be consumed by the pending bill. I Will say to the 

Chair there are a number ofgentle:lnen who would like to speak five or 

six or seven minutes; and I ask unanimous consent that the 1ime of the 

morning hour be extended twenty minutes, so that we may have t:p.irty 

minutes for debate on each side and then twenty minutes for the consideration of amendmenm. If there be no objection that arrangement 

will give thirty minutes to those in opposition and thirty minutes to 

the friends of the bill. 

1\:Ir. 1\fcA.DOO; If that request is granted, I wish to claim the time 

in opposition. 

Mr. PERKINS. I am not particular who controls the time in opposition. We l'>ropose to give thirty minutes to those against the bill, 

and I am quite willing the gentleman from New Jersey should control 

that time. 

l'lir. WEA. VER. And there will be no objection to amendments bein~ 

offered? 

Mr. PERKINS. The am.endments c.a.n be offered dm:ing tbe twenty 

minutes we have pro-vided. The SPEAKER pro tempore. Is there ohjection to extending the 

SECTION 683, UJWISED .STATUrns. morning hour twenty minutes, as requested by the gentleman from 

Ur. CASWELL, .from the Committee on the Judiciary, reported Kansas [Mr. PERKINS]? 

baek with a favorable recommendation the bill (H. R. 1860) to amend There was no objection, and it was so ordered. 

section 683 of the Revised Statutes of the United States; which was re- OOINAGE OF THREE-cENT PIECES. 

ferred to the House Calendar, and, with the accompanying report, 

ordered to be printed. Mr. BLAND. I ask the gentleman from Arkansas to yield to me 

CITIZENS OF THE DISTRICT. that I may make a report. Mr. PEEL. I yield for that purpose. ltfr. CASWELL also, from the Committee on the Judiciary, reported Mr. BLAND, from the Committee on Coinage, Weights, and J\Ieas-

~ack "':ith an adverse recommendatio.n the bill (H.~· 180~) to a~~or- ures, reported back with a favorable recommendation the bill (H. H. 

IZe Um~ ~t.."'.tes courts t_? t;ake cogmzance of as~ m which a c~~en 4342) to discontinue the coinage of the three-cent piece; which was 

of tbe District ?f Columb_1a IS a party, the same as if he wer~ a Citizen ' referred to the Honse Calendar, and, with the accompanying report, 

of a State; wh1c_h was la1d on the table, and the accompanyrng report ordered to be printed. 

ordered to be pnn ted. 

UNITED STATES COURTS IN NEW.AR.KJ N .J. 

Mr. PARKER, fmm tbe Committee on the J"ndieiary, reported baek 

with ~n amen._dment the bill {H. R. 1648) providing for the }lolding of 

United States courts in the city of Newark, N. J.; which was referred 

to the Honse Calendar, and, with the amendment and accompanying 

report, ordered to be p1inted. 

JOHN J. 'COUGHLIN. 

Mr. SHA. W, from the Committee on Claims, reported back with a 

EXEMPLIFICATIONS OF LAND PATENTS. 

1\fr. McRAE. The gentleman from .Arkan£-as yields to me to make 

a~~ . The SPEAKER pro temp01·e. It is not in Qrder in the morrung hour 

to entertain requests to submit reports. Hereafter such requests will 

not be entertained. • l'tfr. MoR~ from. the Com.m."ittee on the Public Lands, rep01~ted b~ck 

with a. favorable recommendation the bill (H. R. 5723) to amend sect10n 

451 of the Revised Statutes, regulatmg fees for the exempl~cations of 
1888. CONGRESSIONAL RECORD-HOUSE. 151 

land patents, and for other purposes; which was referred to the House 

Calendar, and, -..vith the acoolll±k1.IlJ'ing ;r~ort, ordered to be printed~ . NEW YORK INDIAN LANDS, XANSAS. 

The House resumed the consideration of the bill (H. R. 14D:6)to provide for the sale of certain New York Inilian lands in Ka.nsas. 

l'rlr. PEEL. Mr. Speaker, I supposethat ·all who listened to thediscn;'>Sion of this bill yesterday discovered that the oniy question in ilispute, or that ev-er has been in ·dispute, is as to the price to be paid for 

ithesc lands. That, I think, was clearly sbnwn yesterday. Notwithstanding the argument made here in op-position to this bill, in reference 

to the title to these lands, the case narro-wed itself down to that one 

proposition; -and while upon this subject I desir0. to eall the attention 

of my friend from Louisiana T1\1r. BLANCHARD] to tb.e fact that he, 

unintentionally of course, to some extent misled the Honse with reg-ard 

to the title held by the. Indians, the allottees of these lands. I understood him to say repeatedly that they owned the fee title in the property. If that wns true, then -congress wauld have no right to interfere 

with the lands one ay or the other. If they owned the fee-1n other 

words, if t a tent 'had issued from the Go-vernment to these -allottees, 

or to any other individuals-the question would be bey-ond .COngressional action, and would be a matter entirely for the courts. In order 

that the House may correctly and fnlly understand the real title, the 

real rights, which the e allottees acquired under these allotments, I ask 

to have the Clerk read the p6rtion which I bave marked of the letter 

of the Commissioner of Indian Affairs accompanying his report made 

to the Forty-sev-enth Congress, whieh was alluded to yesterday by my 

friend from Louisiana. 

The Clerk read as follows: 

bnt they did not choose to go. They did not go, and the $400,000 provided by that treaty for their removal was never nsed, because the 

Indians never went. It is daimed tha.t a few :individual membe1·s of 

these New YoLk tribes did go out there and .did live for a. time upon 

tbese lallds in com~ on; and in 1800 the Department, without any mare 

authority than 1 have, issued allotment certificates to those thirtv-two 

Indians for these ilan.ds. 

Now, it will not be pretended that there was any authority oflaw for 

that. TheSecretary had no morerightinlawtoissueacertificatetothem 

than to me. It w.as provided by the treaty itself that if these several 

tribes or any of these tribes sh{)uld occupy these lands they might use 

the landsamong:themselveseither in common orin severalty; butallauthority for that purpose was confined strictly to the Indians themselves 

and left to their own discretion. There nev-er was any tribal authority 

whatever for the severalty occupation of these thirty-tw{) Indians; and 

they subsequently abandoned absolutely these iands. If they eve1· occupied them in 1860 at all, there is no evidence that they .ever occupied them since that time; but I am assured by men who have been 

well acquainted with the oldest settlers there for many years-the 

United States atfm'ney for the district of Kansas told me this morningthat since that time certainly these Indians had Dever occupied these 

lands; they had voluntarily g.one hack to their tribe, the place where 

their ancest{)rs were buried, as all Indians usually do who for a time go 

roaming over the country. · 

lli. CUTCHEON. I would like to ask the gentleman a question. 

Have these lands been held subject to entry at the local land office in 

Kansas since 1860? 

.Mr. RYAN. Certainly not. 

Mr. CUTCHEON. They have been segregated from the public doUnder these provisions, tlrlrt.y-twQ New York Indians removed to a.nd re- main? 

mained in the territory now em.braoed in the State of K,ansas prior t.o ;rune 16, 

1860, at whiCh time the honorable Secretary :of the Interim· approved to thent Mr. RYAN. Certainly; becn;use of the unlawful action of the De· 

selections of 320 acres, for which, on the 14th of September. 1860, "Certificates of partment in allotting them to these Indians. 

allotment we:re issued to each of said reservees, the certificates specifying that [Here the hammer fell.] the allotments were for the exclusi vo use and benefit of the re ervees, and were not subject to be alienated in fee, leased, or otherwise disposed of, except to the Mr. PERKINS. Mr. Speaker, I desire to reserve the residue of time 

United States. , remaining to the friends of this bill, and will hereafter yield totbe genMr. PEEL. The House will observe from the statement made by tlemanfrom illinois [Mr. PAYSON]. The gentleman from New Jersey 

the Commissioner that the allottees received certificates of allotment [1\lr. I\IcAnoo] on the other side can pro.:.eed now. • 

only, in which it was particularly specified that the lands allotted The SPEAKER pro tempore. The gentleman from Kansas has sixwere inalienable, and that the allottees were not allowed to lease, as- teen minutes rem:.tini.ng. 

sign, or transfer those lands to any one except the G{)-vernment of the :M:r.'PERKINS. I desire to yield six minutes to thegentJeman from 

United States. Tha.t was the real character of the title, :and the {)n}y Illinois. 

title which these allottees a-cquired under that allotment. Mr. PAYSON. I will reserve that time until the gentleman from 

Now, the question for the House is, how much is that worth? lt has ' New Jersey shall have been heard. 

been said, and not controverted, that these allottees can not acquire Mr. McADOO. Mr. "Speaker~ I can best present my objections to 

possession of this property. Notwithstanding any wrongs trot may this bill by sin.ting the story of these Indians as I understand the ea..o::e. have been done to them originally in this matter, I think it is not prof- In 1838 there was in the State of New York a remnant of the once 

itable to stop to recount those wrongs at this late day, and the only powerful Six Nations of Indians, probably the greatest confederation 

question for this House to det£l'llline is whether $2./?0 per acre, as pr6- of tbe aborigines of this continent, whose savage valor is conspicueus 

Yidedinthisbill, is sufficient considention for the characterofti.tl-e inourhistory. TheStateofNewYorkw:1sbeingrapidlysettJed. The 

which these a:Uottees hold under the certifica.tes of allotment. That is irrepressible tide of white imm~ration made it apparent to the Indians 

simply n. question of opinion, and I for one have no objection to any that they must go with their red 'brethren to the West. The United 

.gentleman offering an amendment to increase the compensation to what States Government selected as a western reservation for these Indians 

his judgment may dictate as right and proper. Let any gentleman who about 1, 800,000 acres in the then Territory of Kansas. By a solemn 

thinks fit offer such amendment, andletthe House vote npoD the ques- treaty with the Indians this land was set aparlfortheNewYo:rk tribes 

tion. In my judgment, when you t~ke into consideration the flimsy of Indians, whetber in that State {)r in the State of Wisconsin, and a 

title which the allottees acquired under these allotments, which title removal fand of some $400,000 was provided, which, however, -was never 

really amounts to nothing when you conside1· that possession of the la.nds paid out. After this treaty had been made between the Indians and 

is beyond their control or right, $2.50 or $3 an acre, or some such the Government, two hundred and fifty of these semi-civ-ilized Inprice, would be ampl-e for these settlers to pa;y. T.his, Mr. Speaker, is dians, under the leadership of one Dr. Hogeboom, removed to the State 

all that I desire to say on this occasion. I only took the iloo.r for the of Kansas .and located upon this .reservation. From that time up to 

purpose of informing the House, by the extract wlllch I have had read, the year 1800 these lands were not public lands, but were the Indian 

of the real character of-the title in question and the point rea1ly at issue reservation of theN ew York Indians and known as such to all persons. 

in this controversy. I now yield the floor to my colleague [Mr. PER- One proYisio.n of the treaty was that the Government would allot to 

KINs], the gentleman who has -charge of the bill. each indiYidual member of tb.ese Indian tribes 3'20 acres. 

Mr. PERKINS, I yield fi:ve minut-es to my colleague [Mr. RYAN], 1\Ir. PERKINS. Will the gentleman permit me 3>moment? 

of Kansas. !tlr. McADOO. Certainly. 

1\Ir. RYAN. Mr. Speaker, this bill proceeds upon the theory that Mr. PERKINS. I do not wish to trespass on the gentleman's time, 

thirty-two of these New York Indians have at least some oolor of rig~t but I know he desires to state the facts accurately. 

to the lands in controversy. In Yiew of our relations as a nation to ' Mr. McADOO. Certainly. 

the Indians this may, perhaps, be proper. We ought rather to err on 1\Ir. PERKINS. I wish, therefore, tocall thegentleman'sattention 

the side of justice toward those who are wards of the nation than oth- to a mistake into which he is falling. The treaty proYides that apaterwise. ent shall issue ro the tribe, and confers upon the tribe tb.e right to make 

But the fact is, Mr. Sp.ea..Ker, that those Indians havenot in law even individual selections and allotments; bnt there is no authority of that 

a color of right to these lands. Under the original treaty they had a kind .reserved to the Government {)f the United States. 

right to a tribal occupation of these lands. It was proVided by that l\1r. McADOO. But the GoTm'IIID.ent of the United States sent out 

treaty that a patent might be issued to them under the provisions of commissi-onersforthepnrposeofmakingallotments; and theydidmake 

the law of 1830. The law of 1830provided that a fee-simple title·conld allotments in 1800.. N owJ right here is a question between the gentleonly be granted to the tribe, to Indians only in their tribal capacity, man from Kansas and myself. Yesterday I asked him whether these 

and then only to hold the same so long as they occupied them. The la;nds had been allotted to these thirty-twQ individual Indians who relaw expressly pl'Ovided that when occupatiDn ceased the lands should sided on the. reservation, before the land had been opened to public setrevert to the United States. tlement or afterwaTd. He said it was afterward. 

Now, it is not pretended here by .anybody that there ever was any Mr. PERKINS. Let • expla:in--

trib.al occupation of those lands by the New York Indians. Undoubt- Mr. McADOO. At least I so understood him. 

~y the object of that treaty was to get those tribes of New Y-ork In- Mr. PERKINS. Ifthegent1eman willpermitme, Iwillrepeatwha.t 

dians ollt of the Stat-e of New Yo:rk ,and -upon this Westem te:o:itory; I said. I said that in 1858, when the then Secretary of the Interior 
: 

752 CONGRESSIONAL RECORD-HOUSE. JANUARY 26, 

decided that these lands were public lands, some of the Indians called 

his attention to the fact that they had acquired rights under these 

treaties; and commissioneTS were sent out who investigated the facta, 

and found that there were thirty-two Indians upon the reservation. 

Then, in 1860, the Secretary issued his proclamation opening these 

lands to settlement. - But the allotments were made before. 

Mr. McADOO. As to that I will in a few momenta read the report 

of the Indian Commissioner. In 1858 or 1860 the United States Government sent out a commission to find out what had become of these 

two bundred and fifty Indians who had removed from the State of New 

York. The commissioner took a great deal of evidence as to the history of this settlement in Kansas. He found that there were thirtytwo Indians remaining on this reservation. And, Mr. Speaker, the ev- idence taken by this commissioner as to the treatment of these com- paratively civilized, peaceful red men, the real pioneers in that settlement, would, if these men were anything but Indians, if they had 

white, black, or yellow skins, excite the universal sympathy of all 

mankind. The sworn evidence presents a sad story, and not overcreditable to us in our dealing with this strange race. 

1\fr. Speaker, I will read. a few extracts to this House from the evidence presented on the part of the settlers upon these lands as to what 

these semi-civilized, helpless people endured at the hands-it may not 

be of the men who now occupy the lands-but at the hands of the men who were then surrounding them and pouring into this the most fertile 

portion of the then Territory of Kansas. Dr. Block swears he went onto the New York Indian lands in 1853, and re- mained there until 1858, when he was kicked about, and had his house torn down one night by a man named Keller, when he left. 

Sally Abner swears she went onto the New York Indian lands in 1853, on In- dian Creek, and that about three months afterwards their house was burned 

down, with all her furniture. 

Sally Littleman swears she came to Kansas twenty-one years ago (that is, in 

1838). One year ago she was threatened by a man named Perry, when she and 

her husband left and went to the house of C. Seth. Soon after the death of her 

husband she returned to her place and found Bassmore Hutton in possession, 

who told her she should not live there nor cultivate the land. Last spring Mike 

Hadrick, from Missouri, borrowed her two-horse wagon and did not return it. In 1856 Riply borrowed her husband's oxen to break, and therr drove them to Missouri and kept them. Five years ago three ponies were stolen, and her husband found them in possession of one r.rhomp.son and brought them home,·and soon ~r three men, armed with guns, came and took them. 

Daniel :Mart-in swears he came to Kansas in 1854, and wentontothe New York 

Indian tract in 1855, and was driven off by a white man, who threatened to shoot 

him if he did not leave, and he went and settled on land near the Osage River, 

where he now resides. 

Angelina Charters swears she came to Kansas fourteen years ago (1845), and went directly onto the New York Indian lands near the Little Osage River, and 

built a house, but" there was so much disturbance and threatening made by the 

whites, and such hard times, that she left, and a white man named Atkins took 

the house and claim and sold it to another man." 

Mutah Gideon Williams swears she came to Kansas in 1839; that her husband was murdered Hy two white men, .Jack Miller and Tom 1\lorrow, who cut his 

throat a year ago last fall. 

Now, sir, a great deal has been said, and can truthfully be said, and a great deal will be said on behalf of the white settlers on these lands, 

and we are fell owing our usual cours~ in dealing with Indians when 

the House draws away from the side of these unfortunate and wronged 

red men and gives its entire sympathy to the white pioneers of the 

West. Civilization, busy and complacent, has little time for the case of these children of Hagar. Now these simple and poor people from 

New York, who were in many cases as much civilized as their white 

neighbors, were as much entitled to justice as any white men on these 

Kansas lands. · In my judgment it is not a matter to excite laughter, this story of 

one of these humble women wl;J.O was induced by the solemn treaty of our Government to leave her native State of New York, leave the forests and hills, the valleys and the lakes to which she and her people 

had been accustomed from a time unknown to history, and go to the 

then wild, unwooded plains of Kansas, where she was so maltreated, 

subjected to indignity, robbed, cheated, and ruthlessly driven from her 

new home, and where her people were treated as though they had no rights under our Government or claims on our common humanity. 

The gentleman from Kansas []')fr. PERKINS] diSputes as to the time 

these allotments were made, and as tow hether these were public lands 

at the time. they were made. I will read to the House from the state- . ment of ~Mr. Hayt, the former Indian Commissioner. Here is a statement in a nutahell so far as the right and title of these red men to 

these lands are concerned: 

Under the treaty of 1~ theN ew York Indians were entitled to 1,824,000acres 

ofland in Kansas, and a removalfund of &100,000, which the United States never provided. Notwithstanding the failure of the United States in this regard, por- tions of the Indians removed to Kansas subsequent to the treaty, with a view to making that country their permanent home, but on account of their rapid depletion in number from sickness a majority afterwards returned to New York. 

By decision of April19, 1858, the honorable Secretary of the Interior held that 

those of the New York Indians who had not removed had thereby forteited their 

title to the reserve, and that the same should be opened to settlement; but in 

the execution of said decision, and prior to the proclamation of December, 1860, 

opening the lands to set.tlement, the allotments under consideration were made to the thirty-two Indians who were then in Kansas, and certificat~s were issued to them therefor. It follows, therefore, that an equitable interestf in fee in the lands vested in these Indians, by virtue of the grant contained in the treaty at the date of their 

removal and long prior to the settlement of Kansas, although the evidence of 

title did not issue until1860. • 

The first link in the chain of this title is the treaty made with this 

tribe of Indians. Under that treaty the tribe became the possessor of 

this tract of 1,824,000 acres upon a condition-subsequent; that is, that 

theyshonldavail themselve!'l, or any number of them should avail themselves, ofthetreatywithinalimited time. Twobundredandfiftyofthese 

people, accepting the solemn pledge of the Government, went on these 

lands and settled there. But, sir, when the Government came to make 

these allotments they found from the hard treatment they had endured, 

from thechangeof climatetowhich they had been subjected, but thirtytwo of these poor people remained upon the lands, and to them allotmentwas made. Now, thefirstindividual members ofthattribe having 

gone there before the period mentioned in the treaty had expired, they 

acquired a title, and now have an individual title to these lands. Why, 

Mr. Speaker, the very fact that this bill is before Congress, the fact 

that it has _been in many preceding Congresses, is the best argument as to the right and title of these red men to the land claimed in Kansas; 

for if this was a part of the public domain, if these white men went on - it and settled under the ordinary rules established by the Government 

and made their settlements, then they are the legal owners, and can so claim before a court of law or in the Department of the Interior. 

I wish to call the attention of the House to one or two features of this 

bill which to me are somewhat suspicious. 

I notice in the first section of the bill not alone are the men who actually occupy these lands to buy them at $1. 25, as first provided, and now amended and increased to $2.50 per acre, but tenanta are also to 

be permitted to purchase them. What is the meaning of that word 

" tenant " in this bill ? We are asked as a Congress to do justice to 

innocent white settlers who did not know their title was clouded by 

this Indian treaty when they settled upon these lands and went on to 

cultivate them. But who ar-e these tenants? Why are they to be protected and cared for? To whom are they the tenants? Who is their 

landlord? They are the tenants of speculators in Western lands, tenanta it may be of those who, with savage ferocity, lacking common honesty and genuine civilization, drove off at the muzzle of the shotgun 

or the point of the knife these Indians from the claims which-had been 

allotted to them and installed in their place their own tenanta.- They 

and their kind will be beneficiaries under this bill as it now reads. 

Now, 1\fr, Speaker, the late able Commissioner of Indian Affairs who 

made this terse and vigorous statement in opposition to this bill when 

it was before Congress on a former occasion suggesteq. what to my 

mind is the proper course to be pursued in regard to this measure, that 

it be recommitted, and that these lands be sold for something akin to 

their market value for the benefit of these Indians. I have little doubt, 

sir, and I call the attention of the House to the fact, that as these 

lands are located in Bourbon County, Kansas, a most fertile portion of 

the State, t'b.ey are worth to-day, if sold in open market, not less than 

$5 an acre. 

A MEMBER. Not less than twenty. . ·Mr. McADOO. A gentleman..---Suggesta $20 an acre; but if they are sold by the Government to these people now occupying them for $3. 75, or $4, or $5 an acre, the margin between that sum and the actual open 

market value of the lands will do more than compensate these settlers 

for any improvementa they might have put upon them. 

Before yielding the floor I wish to give notice to gentlemen advocating this bill that! will move its recommittal to the Committee on Indian Affairs with instructions, and I enter that motion now. 

I reserve the balance of my time. 

The SPEAKER pro tempm·e. The gentleman bas eight minutes of 

his time remaining. 

Mr. McADOO. I yield four minutes of that to the gentleman from 

Mississippi [Mr. HOOKER]. 

SPECIAL DEFICIENCY BILL. 

On motion of Mr. BURNES, the bill (H .. R. 4271) making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 1887, and for prior years, and for other purposes, returned 

from the Senate with amendmenta, was taken from the Speaker's table, 

the amendments ordered to be printed and numbered, and referred to 

the Committee on Appropriations. 

NEW YORK INDIAN LANDS, KANSAS. 

Mr. HOOKER. Mr. Speaker, I desire to say but a word in reference 

to the bill which has been reported from the Committee on Indian Affairs, upon the question raised by the gentlemen making or favoring that 

report as to whether the fee-simple title to the lands in question was in 

the United States or in the Indians themselves. · It seems to me, sir, that the report of the Secretary of the Interior at 

that time and the Commissioner of Indian Affairs settles that question 

beyond all dispute, and I ask particular attention to the following extracts from the report of E. A. Hayt, Commissioner of Indian Affairs, 

bearing date March 29, 1878. 

Under these provisions [the treaty in question] thirty-two New York Indians 

removed to and remained in the territory now embraced in the State of Kan- sas prior to .June 16,1860, at which time the honorable Secretary of the Interior 

approved to them selections of 320 acres each, for which, on the 14th of September,1860, certificates of allotment were issued to each of said reservees, the cer- tificates specifying that the selections were fo:r the exc!usive use and benefit of 
I • 

I 

1888. CONGRESSIONAL .RECORD-HOUSE. 

\ 

the reservees, and were not subject to be alienated in fee, leased, or otherwise 

disposed of, except to the United States. 

* * • * * * Under the treatyof1838 the New York Indians were entitled to 1,824,000acres 

of land in Kansas, and a removal fund of$400,000, which the United States never provided. Notwithstanding the failure of the United States in this regard, por- tions of the Indians removed to Kansas subsequent to the treaty, with a view to making that country their permanent home, but on account of their rapid de- p letion in number from sickness, a majority afterwards returned to New York. 

By decision of Aprill9, 1858, the honorable Secretary of the Interior held that 

those of the New York Indians who had not removed had thereby forfeited 

their title to the reserve, and that the same should be opened to settlement; but 

in the execution of said decision, and prior to the proclamation of December, 

1860, opening the lands to settlement, the allotments under consideration were made to the thirty-two Indians who were then in Kansas, and certificates were issued to them therefor. IIi follows, therefore, that an equitable interest in fee in the lands vested in 

these Indians, by virtue of the grant contained in the treaty, at the date of their 

removal and long prior to the settlement of Kansas, although the evidence of 

title did not issue until1860. 

* * * * * * * The lands are in Bourbon County, one of the richest and most fert.iJe counties 

in the State. They are within a few miles of Fort Scott, and near the line of 

the Missouri, Kansas and Texas Railroad-the Missouri River, Fort Scott and 

Gulf Railroad running nearly through the center of the body of the lands, 

which lie in close proximity to the corner of townships 23 and 24 in ranges 24 and 25 east. The records of the General Land Office show that there is scarcely a vacant forty-acre tract of land in or near the townships named. With these 

facts in view, it is safe to assume that the several tracts were, in 1873, worth the 

full amount at which they were appraised, and that, in view of the rapid development of the country, and the present price of uncultivated lands in that 

vicinity, there has, at least, been no depreciation in their value. 

The settlers have been in possession of these lands for years, to the exclusion 

of the Indians, and have had every advantage and opportunity to pay for the 

lands from the products of the same. The title of the Indians is, under treaty stipulations, similar to those with 

the Shawnee, Miami, and other Indians in Kansas, whose lands have been held 

by the Supreme Court of the United States (5 Wall., 737) tQ be excluded from 

the jurisdiction of the State, and not subject to taxation, a.nd it is fairly presum- able that the settlers have availed themselves of the benefit arising under this 

decision. 

Also, I ask your attentio;ll to the following extract from a communication of Secretary Schurz of date April 6, 1878: 

In accordance with the request of the Commissioner of Indian Affairs, based upon the report of the commissioners, the Department approved of the selections of the thirty-two Indians in question, and, on the 14th of September following, certificates of allotment were issued to each of said reservees. In 1858 petitions from settlers in Kansas were presented to the Department 

asking that the lands be opened to settlement, and in December, 1860, the lands 

known as the New York Indian lands in Kansas, excepting those allotted, were accordingly opened to settlement. • But a short time elapsed, however, before troubles between the settlers and 

the Indians were of constant occurrence, and in 1873, when the act of February 

19, 1'!73 (17 Stat., 466), was passed, the commissioners appointed thereunder to appraise the lands of the thirty-two New York Indians stated in their report that none of the allot tees were to be found upon the lands. The files of the In- dian Office show abundant proof that they did not voluntarily relinquish their 

occupation. Be this question as it may, the act of February 19, 1873, fully recognized the 

right of the Indians or of their heirs to the proceeds of the lands; and applications are now before the Department, which when perfected will call by legal representation for nearly all of the proceeds of the allotments of lands in ques- tion. 

By the act of February 19, 1873, provision was made for the benefit of certain 

settlers upon and occupants of certain Indian lands in Kansas, permitting such 

settlers to enter and purchase at the proper land office said lands so occupied 

by them, in tracts not exceeding 160 acres, according to the Government sur- veys, on paying therefor in lawiul money of the United States the appraised 

value of said lands respectively, to be ascertained by three disinterested and 

competent appraisers, to be appointed by the Secretary of the Interior, who shall 

examine in person each tract and report under oath its value, exclusive of all 

improvements; and patents shall issue therefor as in other cases, but no sale 

shall be made under this act for less than $3.75 per acre. 

From these extracts it is evident that the Department of the Interior 

took the same vievy- that I take in reference to this question, namely, 

that under the terms of the treaty in question these Indians were entitled to that land; and that the thirty-two persons who made their 

settlements and to whom allotmenU! were made by the Department under the terms of the treaty, were vested with an equitable fee-simple 

title in the lands because of the considerations which operated upon 

them to execute the treaty which was supposed at the time to be equally 

beneficial both to the United States Government and to the Indians. 

Mr. PAYSON. Let me interrupt the gentleman to ask, if that be 

true, how can Congress divest them of their fee? 

Mr. HOOKER. Congress has not the power to divest them of their 

fee at all. The Commissioner of Indian Affairs, as I have shown, says 

that the Indians have an equitable title; in other words, that they have an equitable interest in fee in the lands. Congress, therefore, can not 

divest them of that equitable interest, but it can do this: it carl and 

ought to carry out, in terms, the purpose and intent of the treaty by 

which the Indians acquired this equitable title in the lands; and whether 

the fee-simple has been divested out of the United States, and vested 

in the Indians absolutely or not, can there be any reason, I ask gentlemen, for the proposition here suggested, that the land shall be sold 

at an arbitrary price? The report of a commission which went out to 

investigate this question under the act of 1873 decided these lands to 

be worth $4 an acre. That was some twelve or fifteen years ago; and 

if the lands were worth $4 an acre at that time, I ask if it is reasonable 

to suppose that they have been diminishing in valt:1e since, ~nd are less 

valuable to-day than they were then? 

And if there be a disposition to divest the Indians of their equitable 

title and give it to actual settlers upon this part of the public domain, 

XIX-!8 

let it be done by a commission on appratsement, which is provided for 

in the proposition I had the honor to submit when I was a member of 

the Committee on Indian Affairs in the Forty-seventh Congress, in connection with my friend, the gentleman from Louisiana [:M:r. BLANCHARD], who was the chairman of the subcommittee. In tha.t Congressthe Forty-seventh-we recommended that the bill then pending upon 

this subject, if passed, should be al.llended by striking out from the fifteenth and sixteenth lines of section 1 the words ''at not less than $3 

per acre," and inserting in lieu of it "the appraised value of the said 

tracU!, as heretofore ascertained by the. Secretary of the Interior, in accordance with the provisions of t.he act uf :n2'ebruary 19, 1873, entitled 

'An act to provide for the sale of certainNewYorkindianlandsin Kansas.'" 

\Ye proposed that this amendment should be made a part of that act, 

and that the lands should be sold to the actual settlers at the appraised 

value. That became a law, but the settlers afterwards applied for an, extension of the time allowed them for payment. That was granted 

to the actual settlers. So, Mr. Speaker, whether there has been or has 

not been an absolute divestiture of title from the United States and the 

vesting of title in the Indians themselves, they are entitled to the equitable fee, and ought to be paid and are entitled to be paid for the lands, 

if at all, what they are worth according to an appraisement made in 

this manner and·not according to an arbitrary sum to be fixed by Congress, which has no power to do this, whether it be with reference to 

the property of an Indian or a white man. I append as a part of my remarks the second article of the treaty referred to: 

ARTICLE 2. In consideration of the above cession and relinquishment on the 

part of the tribes of the New York Indians, and in order to manifest the deep 

interest of the United States in the future peace and prosperity of the New York Indians, the United States agree to set apart the following tract of coun- try, situated directly west of the State of Missouri, as a permanent home for all 

the New York Indiansnowresidingin the State of New York, or in Wisconsin, or elsewhere in the United States, who have no permanent homes, which said 

country is described as follows, to wit: Beginning on the west line of the State 

of Missouri, at the northeast corner of the Cherokee tract, and running thence 

north along the west line of the State of Missouri 27 miles to the southerly line 

of the Miami lands; thence west so far as shall be necessary, by running a line at right angles and parallel to the west line aforesaid to the Osage lands, and 

thence easterly along the Osage and Cherokee lands to the place of beginning, to include 1,824,000 acres of land, being 320 acres for each soul of said Indians as theh· numbers are at present computed. To have and to hold the same in 

fee-simple to the said tribes or nations of Indians, by patent from the President 

of the United Stat-es, issued in conformity with the provisions of the third sec- tion of the act entitled "An act to provide for an exchange of lands with the 

Indians residing in any of the States or Territories, and for their removal west of the Mississippi," approved on the 28th day of May, 1830, with full power and 

authority in the said Indians to divide said lands among the different tribes, 

nations, or bands in severalty, with the right to sell and convey to and from 

each ether, under such laws and regulations as may be adopted by the respective 

tribes, acting by themselves or by a general council of the said New York 

Indians, acting for all the tribes collectively. It is understood and agreed that 

the above-described country is intended as a. future home for the following 

tribes, to wit: the Senecas, Onondagas, Cayugas. Tuscaroras, Oneidas. St. Regis, Stockbridges, 1\funsees, and Brothertowns, residing in the State of New York, 

and the same is to be divided equ~lly among them according to their respective 

numbers, as mentioned in a schedule hereunto annexed. 

The SPEAKER pro tempore. The gentleman from New Jersey has· 

four minutes more than the Chair formerly stated. He has now eight 

minutes of his time remaining. 

Mr. McADOO. I yield four minutes to the gentleman from Louisiana [:Mr. BLANCHARD). • Mr. BLANCHARD. Perhaps I stated the question a little too 

broadly on yesterday, when I said that the legal fee in these lands was 

in the Indians. I find upon a re-examination of the report of the the]l 

Commissioner of Indian Affairs that the status of the Indians with ref- erence to these lands before his brueau was that they had an equitable 

interest in fee in these lands. · The bill under consideration, Mr. Speaker, permiU! these lands to be 

sold at a dollar and a quarter an acre. The Committee on Indian Affairs have recommended that those words, " a dollar and a quarter an 

acre " be stricken out, and the words "two dollars and a half an acre" 

be i~serted. Two dollars and a half an acre is not one-third of the 

actual cash value at this time of those lands. There should be legislation on this subject as well to protect the Indians as the settlers; but 

that legislation should be in accordance with the recommendations of 

the Indian Bureau. I therefore send up an amendment, which I offer 

as a substitute for the amendment recommended by the committee. I · 

ask the Clerk to read it. 

The Clerk read as follows: 

Substitute for the amendment offered by the Committee on Indian Affairs: 

Strike out in lines 15 and 16 of section 1 the words " at $1.25 per acre," and in- sert in lieu thereof "the appraised value of said tract as heretofore ascertained 

by the Secretary of the Interior in accord~nce with the provision~ of the act of 

February 19,1873, entitled 'An ad to provide for the sale of certam New York 

Indian lands in Kansas.'" . " .Also, strike out in line 4 of section 2 the words '' $3 per acre" and 1nsert the 

appraised value." , 

The SPEAKER pro tempore. The Chair understands this amendment 

is pending. 

Mr. BLANCHARD. If that amendment be adopted it will make 

this bill exactly conform to the recommendations of the Indian :Sureau, 

and it will then be doing substantial justice alike to these Indians and 

these settlers. I hold in myhand a statement of the appraised value 
754 CONGRESSIONAL RECORD-HOU_S]l JANUARY 26, 

of these lands as made under the acij. of Congress of 1873; and that ap-

- praisement show& that not one.- acre of these lands was- appraised for 

less than $3. 7.5 an• acre, and it went from that up to $10 an acre. 

- Mr. LONG. Will the gentleman allow me a question? 

Mr. BLANCHARD; Yes, sir. 

1\:lr. LONG. Does this matter as to appraisement provide for deducting the value derived from improvements? 

.f\1r. BLANCHARD I will starte to the gentleman from Massachusetts that the instructions to these appraisers when they were sent out 

by the Interior Department was to appraise the actual value of the 

lands exclusive of the improvements. 

~fr. LONG. That would be the appraised value provided for byyaur 

amendment. 

Mr. BLANCHARD. Yes; the appraised value provided for by my 

amendment is without regard to the improvements. 

Mr. LONG. Has the gentleman any idea what the value would be 

after deducting the improvements? 

1\fr. BLANCB;ARD. The value after deducting the improvements 

is exactly the value placed upon, the lands by these appraisers from 

$3.75 to $1D an acre. The improvements belong to the settlers. The 

lands belong to these Indians to the extent they have an equitable· interest in fee in them. 

])Ir. McADOO. I reserve the remainder of my time. 

Mr. PA.Y.SON. I think thedifferelll!esofopinion which have been expressed with reference tothisbillgmwoutofwhatlregard to bean entire 

misapprehension. on. the part of the gentleme_n who have spoken on the 

other side of the Chamber as to the legal status of this land. I undertake. tQ say here at the outset that it is susceptible of the veiy easiest 

demonstration that notwithstanding the opinion of the Commissioner 

of Indian Affairs, whose report has been referred to so frequently here, 

these lndjans, the. beneficiaries of this bill, harve no interest whatever 

in these lands and neve:r. had an interest in them beyond the bar~ right 

of occupancy. That expre.ssion may be as well understood by gentlemen who are laymen as by-lawyers; ~nd to the demonstration Qf that 

proDosition I now address. myself. 

F~TI>t, the Government, a.t tha-t time, did not deal with Ip.dians as Indians, and this treaty which was made with the Six Nations dealt with 

them as a nation and as an entirety. The treaty provided in terms 

that if they should remove from the lands which they then occupied in 

New York and Wisconsin to the then Territory of Kansas, a. reservation containing 1, 800,000 acres of rand s-houid be set apart for them, and 

a.lso provided that when they should remove, a.s a tribe, the Indians 

themselves might mak the allotment of this- land to the individual 

members, not exceeding 320 am·es to each individual; and provided for· 

an evidence of title, which was that. a. patent should issue to the tribe 

under the provision of the act of 1830, which is tllis:-

That the United States will cause a patent or grant to oe made and executed to them for the same, provided that such land shaH revert to-the United·Stfl.t-es if the 

Indians shall become extinct or-cease to occupy the same. 

There is the provision, of the act· of Congress providing for the patent 

· which was to issue to these Indians as a tribe, allotments to be made 

by the Indians themselves among- themselves;. and whatever rights 

passed by rea-son of the treaty, by reason of the act of Congress, and by 

reason of the patent, were to cease and determine if the-Indians should 

become extinct or should cease to occupy the lands. Now, Mr. Speaker, 

it is undisputed as to the history of this transaction, that the Six Na-, 

tions never attempted to remove to Kansas. As a tribe they never accepted any of the provisions of this treaty. No steps ever were taken 

by them, as a tribe, with reference to it in any way whatever: That is 

undisputed. .A. few scattered Indians-no estimate makes the number 

exceed 3CO-wentoff one by one, to the promised land. They got there 

and went upon these lands; but, as is stated by the Commissioner of 

Indian Affairs, by reason of sickness in consequence of their not being 

used to the climate, the blizzards sweeping across the prairies of Kansas--byreason of sickness, discontent, and dislike to the locality, nearly 

all of them returned to New York. But in 1860, thirty-two of those 

Indians were still found there. 

At that time the land was declared to be public land, out because 

these few Indi3ns were still remaining, the Secretary of the Interior, 

without warrant of law-and I ask the special attention to this point 

of gentlemen who are insisting here that there was a fee, or any interest in the fee, or any legal right whatever on the part of these Indians 

to those lands, I ask the attention of those gentlemen to this pointthe Secretary of the Interior, without any authority of law whatever, 

did appointacommission and did make these allotments. Now, what 

right attached b;treason. of that action, even- assuming that the Secretary liad the power to appoint the commission? It simply gave tbe 

Indians the right of occupancy or a naif' section of land each, and that, alone. Nobody will pretend anything else from the treaty, from the 

statute, or from the action of the Department under it; and even if a, , 

patent· had: gone from the Government to the tribe, as a "tribe, as soon 

as the occupancy of the land ceased the right of the Indians to it would 

be determined. 

Nobody disputes or will dispu.te that proposition. I agreB-that the 

then Commissioner of Indian Affairs says that an equitable. interest in 

the fee attached. That was his opinion- It might have been good for 

him, but I do not believe that any lawyer who looks at the language 

of the treaty and of the statute will indorse that opinion. But the Indians abandoned these landsJ Where is there anything tending to show 

that they were driven. off by people who went out there? Where is 

tliere anything tending to show that the right of occupancy which 

they had was taken from them by force? There is nothing of the kind 

in the record; and I appeal to the autiliority of the gentleman from 

Kansas that the fact is as r h-ave stated, tlmt there was. an abandonment by the Indians. of their right of occupancy. 

~:t:r. LA FOLLETTE. Will the-gentleman yield fOT"ll correction-the 

reading of two lines from the official record? 

M"r. PAYSON. Yes, sir. 

Mr; LA FOLLETTE. I read from the letter of Secretary Schurz: 

The files of the Indian Office show abundant proof that they did not voluntarily reUnquish their occupation. · 

Mr. PAYSON. Well, Mr. Speaker, nothing has appeared in this debate as to that. At all events, the occupancy has ceased, and here are 

left these twenty-four half sections. 

Mr. LONG. Thirty-two. 

~1r. PAYSON. The gentleman from ~fassaehusetts corrects me by 

saying thirty-two, but I am accurate in saying twenty-four, because 

eight of these tracts have been already piOvidedtor-by legislation. The 

Indians abandoned theirQCcupancy, and settlers-went upon these lands. 

Some gentleman on the other side asked the question, why the 1igbts 

of those settlers were not recognized bythe Interior· Department-. For 

the plain reason, as has been stated time and again in this House, that 

when any public land is placed in a state of reservation by the Interior 

Department no settlement rights are ever recognized by- any local land 

office. This·la.nd was placed in a state of reservation by the then Secretary of the Interior, so that to-day it stands as public land, ii·ee and 

clear from any claim of title save the record evidence of its reservation 

in behalf of these Indians, which reservation, until removed by competent authority, prevents the settlers from acquiring any right. So the 

question here is, how much shall these men be com pelTed. to pay? I do 

not sympathize, Mr. Speaker, with the sentimentadity which runs out 

in favor of an Indian who can not- be found or heard of as against a white 

man who is in pQssession of Government lands, 

In the race that has been going on, and that is going on to-day in the 

Southwest between the cattle-men and the settlers, I have always insisted that I preferred babies to calves- on the public lands. So I am 

in favor of protecting the meu who went out in. the· early day upon the 

frontiers of Western Kansas.. I know something of the privations 

which they endured, because I was a pioneer myself in the e::rrly days 

in illinois. I went there when the smoke was still rising from the 

tepees of the Indians in Northern Illinois. I know something, I say, 

of the hardships ofpioneer life, and I am not in favor now and here of 

compelling men who endured what those men endured to pay more 

for the-little homes they have built up for themselves there than their 

neighbors round abou.t them were compelled to pay, a dollar and a 

quarter an acre. · 

Mr. BLANCHARD. The gentleman has stated that these Indians 

could not be founcl. Perhaps he is not aware that in the files of the 

Interior Department is a list of the names of these Indians, which list 

I hold in my hands. 

l'llr. PAYSON. I know a.Il about that. I have made my statement 

because the gentleman from Kansas [Mr. PERKINs], whom I do not now 

see in hi<> seat, stated, when advo~g this bill yesterday, tha-t the 

committee was not advised of the w nereabouts of any of these Indians, 

except some-two or three; that the rest of them could not be found. 

Mr. BLANCHARD. Here is a list of their names. 

Mr. PAYSON. Yes; but that documentwM issued years.ago. 

Mr. HOOKER. I would like to ask the gentleman what title the 

Government of the United· States acquired to the lands on Green Ba.y, 

whi~h the Indians ceded? Was it simply a title of occupancy? 

Mr. PAYSON. No, sir. The Government acquired because the 

lands ceded in Wisconsin had passed by patent, {IS these lands never 

did._ 

.:f\11' •• HOOKER. Did they not pass by the treaty? 

.f\1r. PAYSON. Nothing of that kind passed by the treaty. Let mo 

ask my friend from Mississippi whether the treaty does not provide 

that the evidence· of title shall be a.. patent issued under the provisions 

of the statute of 1830? 

lli. HOOKER. Unquestionably. But the point of my inquiry is 

whether the Government ceded these lands to the Indians in Kansas 

on account of their relinquishing to the Government of the nited 

States all their right, title, and interest in the lands on Green Bav? 

1\Ir. PAYSON. Why, 1\fr .. Speaker, that question does notarise here 

in. au}L way. 

This bill is sufficiently liberal for any rights of the Indians, and in 

my judgment imposes all the burdens on the settlers which should he 

borne by them, and I hope it may pass as reported by the committee. 

Mr. McA.DOO. I desire to ask how much of my time remains . 

. The SPEAKER pro-tempore. The gentleman from New J el'Sey [Mr. 
1888. CONGRESSIONAL RECORD-HOUSE. 755 

McADoo] has four minutes remaining, and th~entleman from Kansas 

ten. 

Mr. McADOO. I reserve my time. 

The SPEAKER pro tempore. This time runs into the twenty minutes' extension. 

I\Ir. PERKINS. I have, as I understand, ten minutes for debate. 

The SPEAKER pro tempore. Yes, sir. · 

Mr. PERKINS. I yield three minutes to the gentleman from Iowa 

[Mr. WEAVER]. 

Mr. WEAVER. I reserve my time. I simply wish to offer an amendment when the proper occasion arrives. 

Mr. PERKINS. Then I yield three minutes to the gentleman from 

Alabaiilll. [Mr. CoBB], a member of the committee. . 

:Mr. COBB. Mr. Speaker, it can not be pressed upon the attention 

of this Honse with too much emphasis that these Indians; about whom we are talking to-day, never acquired any right, legal or equitable, 

under the treaty stipulations of 1838. The provisions of that treaty 

were never carried into effect; and if they were, there was by the sti~ 

ulations of that treaty an express reservation of the rights of the United 

States to this land as provided by the treaty of 1830; and by reference 

to the provisions of the latter treaty it is perfectly clear that no provision was ever made under the operation of which these Indians, either 

as a tribe or as individuals, could acquire a legal, fee-simple, absolute 

title to these lands; they could only acquire the right of occupancy. But I have Il.O-f;ime to press this point. I allude to it simply for the 

purpose of showing that even if these thirty-two Indians held these 

lands under the treaty stipulations of 1838, they as individuals never had a legal title to them. But inasmuch as the stipulations of the 

treaty of 1838 were never executed, these separate thirty-two Indians never acquired any right whatever under that treaty. 

It is true that the Interior Department did undertake at a particular 

time to se.t apart to these thirty-two Indians a certain quantity of land 

for each; but this was done without any authority of law whatever, and 

the act of the Interior Department in that behalf was wholly and en- tirely void. It is true that under the act of 1873 the action oi the Interior Department was so far recognized that these lands which, under 

the direction of the Interior Department, had been assigned to these 

thirty-two Indians were reseTved from the entry then pl'ovided n.s to 

other lands. 

[Here the hammer fell.] 

Mr. PERKINS. I desire to yield two minutes to the gentleman 

from Texas [Mr. HARE]. 

Mr. COBB. I would like one minute to answer a question just asked me. 

:Mr .. PERKINS. I yield a moment more to the gentleman. 

Mr. COBB. It was my purpose, Mr. Speaker, if I had the time, to , assail directly this report of the Indian Commissioner, and to show that 

any concessions therein made are not based upon Jaw and can not be 

accepted as the ground of any action on our part. The whole argument 

here in opJlosition to the report of the committee is based upon that report 

of the Indian Commissioner; and if I had opportunity I could show be- yond question that the conclusions of this officer as to fact and law are erroneous; so that any argument founded upon that report must mislead this House. 

:Mr. PARKER. Why, then, do you propose to pay the Indians ::my- thing? 

Mr. COBB. Simply because I want to do abund::mt justice to them; 

that is all. 

Mr. HARE. Mr. Speaker, as I understand, these Indians never did 

have a perfect legal or equitable title to these lands.- It may be admitted that they had a colorable eguitable title in_ this, that the Government, in its action in reference to these Indians, gave them the right 

of occupancy; but in case of alienation these lands were to be sold to no other party than the Government of t:tJ_e United States. Simple 

occupancy, then, with power to alienate to the Government, is their 

title, a title which could not, so faT as title is concerned, have a_ny 

marketable value. The settler comes in and by purchase extinguishes 

the title of the Government. Thus we have the colorable equity of 

the Indian and the title by purchase of the settler. Mr. McADOO. Will the gentleman permit me .to ask him where 

there is evidence that any of these white settlers ever purcbased any of 

these lands? • Mr. HA.RE. I so understood. 

1\fr. McADOO. No, sir; they never made any purchase whatever. 1\lr. HARE. I understood that to be t.he case. Mr :McADOO. No, sir; it is not. 

1\lr. HARE. I may he mistaken about that, but they settled on them 

with a view to purchase. The Indian title is what is under consider- ation. The Indian holds a bare equity by reason of occupancy of these 

lands, and in case of alienation can only sell to the United States. They 

can not hmre title which will be equal to its marketab1e value. Therefore, in adjusting the value of the title the Indians hold, it should be 

measured with that of the settler. 

The SPEAKER pro lempo're. The gentleman's time has exphed. 

l\Ir .tiOOKER. I would like to ask the gentleman from Texas, before he closes, if the Indians got no title to the lands under the treaty 

of1838, did the Government of the United States get any title to the Green Bay lands which the Indians conceded to the United Slates-, as consideration?· · 

lli. PERKINS. I believe I am entitled to the floor, and will Yield 

for a moment to the gentleman from Iowa to make his motion. 

Mr. WEAVER I move to strike out the wonls "cash at the time of purchase," in· lines 16 and 17, and insert in lieu thereof "four an- nual installments, with interest at the rateof 4 percent. perannnmfrom 

the date of the first payment." I also move to amend by striking out 

section 2 of the bill. 

lVIr: PERKINS. I will reserve the remaining portion of my time, 

yielding to the gentleman from New Jersey [!fr.l\1:c.A.noo], who has a few moments remaining. 

The SPEAKER- pro tempore. The gentleman from Kansas has- four 

minutes of his time remaining, and the gentlemanfrom New Jei"Sey 

also has four minutes of his time remaining. l\fr~ McADOO. There are pending, Mi·. Speaker,. two or tliree mo· . tions, onefrommyself, to recommit, onefrom thegentlemanfrom Louisiana [Mr. BLANCHARD], and one from the gentleman from Iowa [Mr. 

WEAVER]. 

While I have the floor I now propose a substitute for the _one proposed by the gentleman from Louisiana, which is substantially the same as that offered by him, except it provides these settlers shall pay for 

these lands by installments. But I wish before doing that to tn,ke no· 

tice of the rem:rrk made by the gen.tleman from Illinois. 

The gentleman from Illinois has said with a great deal of enthusiasm 

that he is in favor of babes instead of steers on the public 'domain. I 

agree with him. I am also an advocate of babies instead of steers, but 

I do not wish these fathers to get play-grounds for their progeny by 

driving away the red men at the muzzle of the gun and the point of 

the bowie-knife from their own lands. I agree as to the sentimentality surrounding this bill. I have often 

witnessed a torrent of mingled indignation and sympathy poured out 

on questions of-racial sentiment in this House. I have seen this Honse stirred from its l(}west depths to it~ highest altitude in behalf of the 

Chinese murdered in Wyoming Territory; and I would like to see an 

occasional ebullition of like feeling on the part of the Honse fOl' the poor 

Indians massacred in- Kansas, from whom their lands were taken by 

force. 

Now I ask the Clerk to read the amendment which I have offered as a substitute to the one proposed by the gentleman from Louisiana [.l\1r. 

BLANCHARD], which is the one suggested by the foTmer Commissioner of Indian Affairs. 

The Cle:rkread as follows: 

Strike out and insert as follows: "At any time within one year from the passage of this act said lands so occu- pied by them in tracts not exceeding 160 acres, according to the Government sur- veys, at not less than the appra ised valu~ of the said tracts, as heretofore ascer- tained by the Secretary of the Interior, in accordance with the provisions of the act of February 19, 1873, entitled''.An act to provide for the sale of certain New Yorlt Indian lands in Kansas,' payment to be made in three annual installments, one-third at date of entry, one-thir.d at the end of one year from date of entry, and the balance in two years from date of entry, with interest on said amounts, 

respectively, fro:P-J. date of entry, a.t G per cent. per annum; and the moneys arising from such sales shall be paid into the Treasury of the United States in trust for, and to be paid to, said India ns, respectively, to whom said certificates were ll!sued, or to their heirs, upon satisfactory proof of the:r identity to the Secretary of the Interior, at any time within three years from the passage of this act; and in case such proof is not made within the time specified> then the proceeds of such sale, or so much thereof as shall not hrwe been paid under the provisions of this act, shall become a part of the public moneys of the Unit-ed States. . "SEc . 2. That any lands not entered by such settlers at the expiration of one year from the passage of this act shall be offered at public sale, in the usual manner, at not less than the appraised value, notice of said sale to be given by 

public advertisement of not less than thirty days; and any tract or tracts not then sold, together with such tracts as have heretofore been or may hereafter be entered, and wherein default has been made in the payment of any por- tion of the purchase-money, or the interest thereon, as herein or heretofore pro- vided, shall be thereafter subject to private entry at the appraised value of said tracts." 

l\Ir. 1\IcADOO. I" want to call the attention of the gentleman froJll 

Louisiana to-that substitute. 

l\Ir. BLANCHARD. I will accept it at the proper time. 

1\Ir. PERKINS. I yield now one minute to the gentleman from 

lowa [Mr. WEAVER]. 

Mr. WEAVER. A word in explanation· of the amendment I have 

offered. The bill as reported from the committee compels the settlers 

to pay $2.50 per acre, or $400 for each quarter-sectio~, ~nd to do that 

within twelve months, or, under the second section of the bill, the 

lands must be offered at public sale and they will be sold out. 

The effect of that section is to run the settler directly into the trap of 

the loan agent and compel him to borrow money to meet that payment inside of twelve months. Hence I offer the amendment. 

[Here the hammer fell.] 

Mr. PERKINS. Mr. Speaker, in conclusion of this debate I desire 

to ask the House simply whether it will do justice to these men who 

for thirty years have occupied these lands in good ·faith, who have impro>ed them nnd cultivated them, and sustained themselves and those 

dependent upon them by their labor upon them, or whether it will 
756 I CONGRESSIONAL RECORD-. HOUSE. JANUARY 26, 

run wild with the sentiment that ignores justice to everybody and 

does justice to none. There is not a beneficiary of these allottees, or any one of the allottees, 

who can be found to oppose this bill. In fact, in the Forty-seventh 

Congress the beneficiaries had an attOrney to represent them before the 

Committee on Indian Affairs, asking legislation giving the right to sell 

the lands to the settlers at $2.50 an acre, and no protest against such 

action bas ever come up or been made by any one-of them in opposition to sach legislation. 

It is not shown by any evidence on file, nor is it claimed by any one conversant with the facts, that any of the Indians in question have occu- pied any one of these thirty-two pieces of land allotted to them. 

There bas never been, so far as the evidence shows, any actual occu- pancy by the Indians. The thirty-two Indians were simply within 

t.be borders of that great reservation, embracing 1,824,000 acres; but 

it is not claimed or shown in any manner that they ever occupied a 

single acre of the thirty-two pieces allowed to them. The settlers were there upon the lands, and the Indians selected lands already oc- cupied in good faith by actual settlers because of the fact that two 

years before the Secretary of the Interior had decided that these lands · bad not been secured by the Indians and were public lands. These 

settlers went upon them in pursuanee of that deeision, and have held 

possession continuously. 

Now, the treaty in question was made in 1838, and was promulgated 

and approved in 1840, and by its terms these Indians were to go upon 

the lands within five years. If you observed the reading of the dates 

and figures given by the gentleman from- New Jersey [Mr. 1\fcAnoo] 

you saw that not one of the Indians went there within the five years as required by the treaty. 

As was shown by the arguments of my colleague [Mr. RYAN] and 

the gentleman from Illinois [I'tfr. PAYSON], there was to be a tribal oc- cupation oCthe lands in obedience to the terms of the treaty. The 

treaty was made with them as a tribe, and they were to occupy the 

lands as a tribe, and it was not reserved under the treaty that the Government shouldallotin severaltyland to anyofthe individuallndians 

who chose to go upon them. But the committee, over-anxious to do 

justice to the allottees1 have been willing to do more than justice to the 

J ndians, and provide in this manner that they shall be the actual beneficiaries under the treaty, allowing at the same time these settlers who 

have been working and starving there for years an opportunity to protect and secure their homes. 

[Here the hammer fell.] 

The SPEAKER pro tempore. The time allowed for debate has ex- pired. 

Ir. PERKINS. I now demand the previous question upon the en- grossment and third reading of the bill and pending amendments. 

The previous question was ordered. 

The SPE.AKER pro tempm·e. The fhst question will be taken upon 

the committee's aD;lendments, which the Clerk will report. 

The Clerk read as follows: 

I!ITlie committee propose to amend the bill by striking out" $1.25,'' where it oc-· curs in the first section, and inserting" $2.50." -

Mr. BLANCHARD. :M:r. Speaker, I offered a substitute for that 

amendment. 

The SPEAKER 1Jro tempore. The Chair will state that the text or the bill must first be perfected before the -substitute is in order. 

The , endment of the committee was adopted. 

The SPEAKER pro tempore. The question is now upon the amendment in the nature of a substitute proposed by the gentleman from 

Louisiana. 

Mr. BLANCHARD. I desire to accept the substitute proposed by 

the gentleman from New Jersey for mine, which is the recommendation of the Indian Bun:au. 

The SPEAKER pro tempore. If there be no objection, that ~ill be 

done. 

M:r. WEAVER. I believe the vote should first be taken upon my 

amendment, which was offered before the substitute. 

The SPEAKER pt·o tempore. The Chair understands the gentleman 

from Louisiana to accept the substitute of the gentleman from New 

Jersey. 

1\Ir. WEAVER. But my amendment is to the text of the bill. It 

pc1·fects the bill, and I am satisfied the House desires that amendment 

to be adopted. 

The SPEAKER pro tempore. But the Chair understands the gentleman from Louisiana to accept the substitute of the gentleman from 

New Jersey. 

Mr. WEAVER. That is a very different question. I never con- sented to that substitute and the House bas never consented. The 

gentleman from Louisiana may accept it, but it is for the House to act 

upon it. 

The SPEAKER pro tempore. Objection being made, the Chair will 

put the question to the House again. Is there objection to the substitute? 

1\Ir. HENDERSON, of Illinois. I would inquire whether the amendme!lt of the gentleman. from Iowa should not firs~ be -voted upon before 

actwn lS taken on the substitute? 

The SPEAKER pro tempo-re. Objection being made, the Chair will cause the several amendments to be reported·and voted upon in the 

order in which they were presented. 

The first amendment hac; been adopted. 

The question now is on the amendment proposed by the gentleman 

from Iowa, which has been read. 

1\fr. WEAVER. 1\fy amendment also provides for striking out the 

second section of the bill, which is the penalty section. 

Mr. BLANCHARD. My acceptance of the s1.1bstiiute of the gentle- man from New Jersey places his substitute where mine was. Are we not entitled to a vote upon that substitute before we are called upon to 

vote upon the amendment of the gentleman from Iowa? 

1\Ir. WEAVER. The gentleman has no power to accept a substitute 

for the House. 

The SPEAKER pro ternpm·e. The Chair put that question to the 

House, and objection was made. 

The question is on the amendment of the gentleman from I own. [Mr. 

WEAVER], which is in the nature of a substitute. 

Mr. WEAVER. It is not a substitute, but simply an amendment to 

perfect the bill. 

The question was taken on the amendment of :Mr. WEAVER; and on a division there were-ayes 49, noes 79. 

So the amendment was rejected. 

The SPEAKER pro tempore. The question is on agreeing to the 

substitute proposed by the gentleman from New Jersey, which has 

been read. 

Mr. WEAVER. I offered two amendments. There is another 

amendment pending, to strike out the second section. 

The SPEAKER 1J1·o tempore. We have not yet come to the second 

section. The question is on the substitute of the gentleman from 

New Jersey. 

Mr. BLANCHARD. Let it be rea.d. 

The proposed substitute was again read. 

The SPEAKER pro tempore. The Chair was not advised that the 

substitute of the gentleman from New Jersey applied to the second 

section as well as the first; so that, properly, the amendment of the 

gentleman from Iowa will take precedence. The vote will therefore be on the amendment of the gentleman fi·om Iowa, which the Clerk 

willxead. 

The Clerk read as follows: 

Amend by striking out the second section of the bill. 

Mr. BL.A:. CHARD. Do we take the vote now on the amendment 

of the gentleman from Iowa? 

The SPEAKER p1·o tempo're. Cextainly. We perfect the text before 

taking the vote .on the substitute. 

I'tlr. WEAVER. Let the second section, proposed to be stricken out, 

be read. 

The Clerk read the second section, as follows: 

SEc. 2. That any lands not entered by such settlers at the expiration of twelve 

months from the passage of this act shall be offered o.t public sale, in the usual manner, at not less than $3 per acre, not.ice of s:tid sale to be given by public ad- vertisement of not less tha n thirty days; and any tract or tracts not then sold 

shall be thereafter subject to private entry at $3 per acre. 

Mr. WEAVER. If that section remn,ins, the settlers will be sold out 

in less than twelve months or be compelled to borrow money from a loan agent. 

Mr. BLANCHARD. Was it nob that amendment that the House 

voted down awhile ago? 

The SPEAKER pro tempore. It was not. The extension of twenty 

minutes for the consideration of this bill has expired. 

Ur. PERKINS. I ask unanimous consent that the time be extended 

ten minutes for t,he purpose of completing the bill. 

Mr. McADOO. I object. 

l'IIr. PERKINS. I would like to call the attention of the gentle- man from New Jersey to the fact that I think it was not understood we were consuming any part of the twenty minutes in debate, and it 

certainly is not ten minutes since the debate closed. It was my understanding that w~ had reserved twenty minutes to dispose of the n,mendments. 

Mr. Mc.ADOO. If I withdraw my o~jection, shall we have n, vote on my substitute? 

1\Ir. PERKINS. Certahly. I do not limib my request to the ex- tension of ten minutes, but until we complete the bill. 

The SPEAKER pro tempore. The Chair hears no objection, and the 

time will be extended ten minutes. 

The question being taken on the amendment offered by Mr. WEAVER, 

there were-ayes 21, noes 109. 

So (further count not being called for) the amendment was not 

agreed to. 

The SPEAKER pm tempore. The question is now on the amendment, in the nature of a subsii~ute, proposed by the gentleman from 

New Jersey [Mr. Mc.Anoo]. 

The question being takeu, there were-ayes 81, noes 83. 

1\Ir. ·McADOO. I call for the yeas and nays. 

The yeas and nays were ordered, 37 members voting therefor. 

1\fr. COBB. Let the nronosed substitute be read. • The substitute was again- read. 
1888. CONGRESSIONAL. RECORD-HOUSE. 757 

The questior\ was taken; and there were-yeas 99, nays 151, not voting 73; as tollows: 

YEA8-99. 

Abbott, 

·Allen,C.H. 

Anderson, C. L. Baker,C.S. 

Baker, Jehu 

Barnes, 

Barry, 

Blanchard, 

Blount, 

Bryce, 

Buckalew, 

Burnett, 

Bynum, 

Campbell, Felix 

Campbell, T. J. Candler, 

Caswell, 

Catchings, 

Cheadle, 

Chipman, 

Clardy, 

Clements, 

Cogswell, 

Compton, 

Cothran, 

Adams, • Allen, E. P. Allen,J. M. Anderson, A. R. Anderson, G. A. 

And_erson, J. A: 

Atkmson, 

Bacon, 

Bankhead, 

Belden, 

Bland, 

Bliss, 

Boothman, 

Bound, 

Bowden, 

Bowen, 

Breckinridge, C.R. 

Brewer, 

Browne, T. M. Brown,J.R. 

Brumm, 

Bunnell, 

Burrows, 

Butterworth, 

Campbell, J:. E. Cannon, 

Caruth, 

Clark, 

Cobb, 

Conger, 

Cooper, 

Crain, 

Crouse, 

Culberson, 

Cummings, 

Dalzell, 

Darlington, 

Davidson, A. C. 

Cowles, 

Crisp, 

Cutcheon, 

Dargan, 

Davidson, R. H. M. Davis, 

Dibble 

Enloe, 

E"I"mentrout, 

Finley, 

French, 

Fuller, 

Glass, 

Granger, 

Greenman, 

Hall, 

Hemphill, 

Henderson, J. S. 

Hires, 

Hogg, 

Holman, 

Hooker, 

Hovey, 

Hutton, 

Jones, 

Kean, 

La Follette, La~n, 

Landes, 

Latham, 

Lawler, 

Lee, 

Lehlbach, 

Lodge, 

Lynch, 

:Mahoney, 

Mansur, 

McAdoo, 

McClammy, 

McCreary, 

McKinley, 

McMillin, 

Montgomery, 

Moore, 

Morgan, 

Neal, 

Norwood, 

O'Neill,J. J. Outhwaite, 

Parker, 

NAYB-151. 

Dingley, 

Dockery, 

Dorsey, 

Dougherty, 

Dunn, 

Elliott, 

Farquhar, 

Fisher, 

Flood, 

Ford, 

Forney, 

Funston, 

Gaines, 

Gallinger, 

Gear, 

Gest, 

Goff, 

Grosvenor, 

Grout, 

Guenther, 

Hare, 

Harmer, 

Hatch, 

Haugen, 

Heard, 

Henderson, T. J. Herbert; 

Hiestand, 

Holmes, 

Hopkins, A. :J. 

Hopkins, S. T. Hudd, 

Hunte1·, 

Jackson, 

Johnston, J. T. Kelley, 

Kennedy, 

Kerr, 

Ketcham, 

Laffoon, 

Laird, 

Lane, 

Lanham, 

Lind, 

Lyman, 

Macdonald, 

1\laish, 

Martin, 

Mason, 

McComas, 

McKenna, 

McKinney, 

McRae, 

McShane, 

Milliken, 

Mills, 

Moffitt, 

Morrill, 

Morse, 

Nelson, 

Newton, 

Nichols, 

Nutting, 

Oates, 

O'Donnell, 

O'Neill, Charles 

Osborne, 

Owen, 

Patton, 

Payson, 

Peel, 

Perkins, 

Perry, 

Peters, 

Post, 

Pugsley, 

NOT VOTING-73. 

Arnold, Dunham, Long, 

Bayne, Felton, 1\faffett, 

Belmont, Fitch, Matson, 

Big-gs, Foran, McCormick, 

Bingham, Gay, McCullogh, 

Boutelle, Gibson, Merriman, 

Breckinridge,WOP Glover, Morrow, 

Brower, Grimes, O'Ferrall, 

Browne, T. H. B. Hayden, O'Neall, J. H. 

Brown, C. E. Hayes, Phelan, 

Buchanan, Henderson, D. B. Phelps, 

Burnes, Hermann, Plumb, 

Butler, Hilt, Rayner, 

Carlton, Hopkins, S. I. Russell, C. A. 

Cockran, Houk, Rus;;eli,J. E. Collins, Howard, Rlusk, 

Cox, Johnston, T. D. Shively, 

Davenport, Kilgore, Spinola, De La no, Laidlaw,_ Stewart, J. W. 

So the proposed substitute was not agreed to. 

Penington, 

Pidcock, 

Randall, 

Rice, 

Richardson, 

Robertson, 

Rowland, 

Shaw, 

Sowden, 

Spooner, 

Stahlnecker. 

Stewart, J. D. 

Stockdale, 

StoneofKy. 

Tarsney, 

Townshend, 

Turner, H. G. 

Vandever, 

Walker, 

Washington, 

Wheeler, 

Whitthorne, 

Wilkinson, 

Wilson, W. L. 

Reed, 

Rockwell, .. Rogers, 

Romeis, 

Rowell, 

Ryan, 

Sawyer, 

Sayers, - Scott, 

Scull, 

Seney, 

Sherman, 

Simmons, 

Smith, 

Snyder, 

Springer, 

Steele, 

Stephenson, 

Stewart, Charles 

Stone of Mo. Symes, 

Taulbee, 

Taylor, E. B. Taylor, J. D. Thomas, G. M. Thomas,O. B. Tillman, 

Turner, E. J. Wade, 

Weaver, 

White, J. B. 

White, S. V. Whiting, William . Wickham, 

'Vilson, Thomas 

Yardley, 

Yost .. 

Struble, 

Thomas, J. R. 

Thompson, A. C. 

'.rhompson, T. L. Tracey, 

Vance, 

Warner, 

Weber, 

West, 

Whiting, J. R. Wilber, 

Wilkins, 

Williams, 

Wise, 

Woodburn, 

Yoder. 

Mr. RYAN. I ask unanimous consent that the reading of the names be dispensed with. · There was no objection. 

Mr. GLOVER. I desire my name to be called. 

. The SPEAKER p1·o tempore . • Was the gentleman in his seat when 

h1s name was called? 

Mr. GLOVER. I was in the lobby, but not in the HaU. 

The SPEAKER pro tempm·e. The gentleman's vote cannot be re- ceived. · 

Mr. GLOVER. I should have voted "ay." 

The following pairs were announced: 

Until further notice: 

Mr. CARLTON with Mr. WEST. 

Mr. STOCKDALE with Mr. THOMPSON, of Ohio. 

Mr. COCKRAN with Mr. HAYDEN. 

Mr. TRACEY with Mr. DE LANO. , 

Mr. SPINOLA with Mr. THOMAS, of illinois. 

Mr. MANSUR with 1\Ir. McCULLOGH. 

Mr. McCORMICK with Mr. PENINGTON, until the 28th. ~r. HOPKINS, of Virgini~ with Mr. HITT, for this day. 

1Ir. BIGGS with Mr. BAYNE. 

Mr. SHIVELY with Mr. WILBER. 

Mr. WILKINS with Mr. DAVENPORT. 

Mr. RUSSELL, of Massachusetts, with Mr. LONG. 

Mr. KILGORE with Mr. THOMAS H. B. BROWNE. 

Mr. WISE with Mr. BUCHANAN, on this vote. 

Mr. BELMONT with Mr. BINGHAM, on this vote. 

Mr. STOCKDALE. I am paired with Mr. THOMPSON, of Ohio, on all political questions. There is no political question with reference to 

this matter in regard to Indians, and I have voted. 

The Clerk read the pair, as follows. ' 

. Mr. STOCKDALE and Mr. THOMPSON, of Ohio, are paired on all political ques· twns, not to break a quorum. 

Mr. SOWDEN. I was paired with Mr. DARLINGTON, of Pennsylvania, who tells me he voted "no;" I desire to vote "ay." 

Mr. PENINGTON. I am paired with Mr. McCoRMicK, but only on political questions, and I have vot-ed. . The result of the vote was then announced as above stated. 

Mr. McADOO. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore. The gentleman will state it. 

Mr. :Mc.ADOO. Is my motion to recommit pending? 

The SPEAKER p1·o tempore. It is. 

Mr. McADOO. And has the time allowed by the House for the con- sideration of this bill expired? 

The SPEAKER pro tempore. It has expired. 

Mr. PERKINS. Perhaps the Chair did not understand, but when 

the gentleman from New Jersey [Mr. McADoo] asked whether I would 

permit a vote upon his amendment, I suggested that I would do so if 

it could be understood that we were to complete the bill, and I think 

that was agreed to by the other side and by the House. 

The SPEAKERp1·o tempore. The gentleman from New Jersey had an amendment to recomp1it the bill--

:Mr. PERKINS. Certainly. I ,said to him that I would permit a vote upon that amendment with the understanding that we were to 

complete the bill to-day, and that was understood. 

Mr. SPRINGER. The difficulty can be removed in this way: Let the 

gentleman move to proceed to bu~iness on the House Calendar. ·That 

motion iS" in order, I believe, and this bill is the first on the Calendar. 

The SPEAKER pro tempore. The Chair will put the proposition to 

the House. Is there objection to the completion of this bill now ? 

Mr. McADOO. Yes. 

The SPEAKER pro tempore. The gentleman from New Jersey [Mr. 

McADoo] objects. The hour has expired. r 

Mr. PERKINS. I move now to proceed to the consideration of business upon the House Calendar. 

The SPEAKER pro tempore. That motion is not in order at this 

time until the unfinished business on the Calendar has been disposed of. 

The unfinished business is the bank bill. . Mr. SPRINGER. I move to postpone the further consideration of 

the unfinished business for this day. The gentlelllan in charge of the 

bill is sick and absent. 

Mr. WEAVER. What is the reason assigned for the motion? 

Mr. SPRINGER. That the gentleman in charge of the bill is sick. 

JI.Ir. WEAVER. That is all ri_ght. 

The SPEAKER pro tempore. The question is on the motion of the 

gentleman from illinois [Mr. SPRINGER] to postpone the further con- sideration of the unfinished business for this day. 

The motion was agreed to. 

Mr. PERKINS. Now, Mr. Speaker, I move to proceed to the con- sideration of business upon the House Calendar. 

Mr. MASON. Is not that the r~gular order? 

The SPEAKER pro tempore. Yes, that would be the regular order. 

The motion is not necessary. The Clerk will caU the bills in their 

order upon t.he Calendar. 

The Clerk read as follows: A bill (H. R. 1477) to subdivide the western judicial district of Louisiana. 

Mr. SPRINGER. That bill is not on this Calendar. It has been 

disposed of, I think. 

The SPEAKER pro tempore. It has not been disposed of. 

Mr. SPRINGER. That bill is with the Committee of the Whole 

House on the state of the Union . The SPEAKER pro tempore. Tlfe Clerk states that it is on the House 

Calendar. 

Mr. PERKINS. Then, if it is in order, I move that that bill be laid 

aside temporarily. 

Mr. CULBE:Il:SON. Mr. Speaker, this bill can be considered and 

disposed of in a. very few minutes. 

The SPEAKER pro tempore. Is there objection to the postnonement 

of the bill the ti tie of which has just been read ? -· Mr. CULBERSON. Yes, I object. 

The SPEAKER pro tempore. The bill will be read. 

The bill was read, as follows: . 

Be it enacted, etc., That all processes from the circuit and district courts of the 

United States for the western district of Louisiana. against defendants residing in the parishes of St. Landry, St. Martin, Cameron, Calcasieu. La Fayette. and 

• 
758 CONGRESSIONAL RECORD-HOUSE. JANUARY 26, 

Vermillion, in the State of Louisiana, shall be returned to said courts at Opelou- sas; nil processes again t defendants residing in the parishes of Rapides, Ver- non, Avoyelles, Catahoula, Grant, aud Winn shall be returned to Alexandria; 

all p1·ocesses against defendants residing in the parishes of Cadrlo, De So to, Bossier,,Vebster,Claiborne, Bienville, Natchitoches, Red River, Sabine, Lincoln, and 

Jackson shall be1·etu1·ned to Shreveport; and all processes against defendants 

residing in the parishes of Ouachita, Franklin, Richland, Morehouse, East Carroll, West Carroll, Madison, Tensas, Concordia, Union, and Caldwell shall be re- turned to 1\Ionroe. SEc. 2. That if there be more than one defendant and they reside in different 

divisions of the district, the plaintiff may sue in either division, and send dupli- cate writ or writs to the other defendants; and the said writs, when executed 

and returned into the court from which they issued, shall constitute one suit and 

be proceeded in accordingly. Where the defendant is a non-residentofthedistl·ict, suit may be brought in any division where property or the defendant is 

found. 

SEc. 3. That all issues of fact triable in either of said courts shall be tried in the 

division where the defendant or oneofthedefendantsresides, unless by consent of all parties the case shall be remo·ved t-o some other division. 

SEc. 4. That a11 prosecutions for crimes or offenses hereafter committed in 

either of the divisions shall be cognizable within such division. 

SEc. 5. That all grand and petit jurors summoned forsernce in each division 

shall be residents of such division. 

SEc. G. That a deputy clerkofthe district courtshallbeappointedateach place in the four divisions of said western disu·ict where said court is required to be 

held, each of whom, in the absence of the clerk, may exercise all the official pow- ers of clerk at the place and within the division for which he is appointed. SEc. 7. That all crimes and offenses heretofore committed within the divisions 

created by this act shalliJe prosecuted, tried, and determined in the same man- ner and with the same effect as if this act had not. been passed. SEC. 8. That causes removed from any court of the State of Louisiana into the 

circuit court of the United States within said~ western district shall be removed to the circuit in the division in which such State court is held. 

Amendments of the CoDimittee on the Judiciary: Insert the word" and" before the word" Sabine;" strikeout the words" Lincoln and Jackson" in line 13 of section 1; strikeout the word" and" in line 16; 

insert after the word" Caldwell," in line 17 of said section,-the words "Jack- son and Lincoln." Further amend by striking out of the second section the 

words'' where the defendant is a non-resident of the district, suit may be brought in any division where property or the defendant is found." Also amend by striking out the third section and inserting the following, to wit: "That all cau es triable in either of said courts shall be tried in the division to which the 

process is returnable under the p1·ovisions of this act, unless by consent of all 

parties the cansc be removed to some other division in said district." Also amend by striking out section 7, and placing it as a proviso to section 4, and 

numbering section 8 as section 7. 

:Mr. CULBERSON. Mr. Speaker, this bill ~d amendments meet the 

approval of the entire delegation from Louisiana, and I now ask unanimous consent that the vote be taken on the amendments in gross. 

There was no objection, and it was so ordered. · 

The amendments were agreed to. 

The bill as amended was ordered to be engrossed and read a third 

time; and being engrossed, it was accordingly read the third time, and 

passed. 

Mr. CULBERSON moved to reconsider the vote by which the bill 

was passed; and also moved that the motion t-o reconsider be laid on 

the t..'tble. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

The SPEAKER pro tempore. The Chair will state--

Mr. PERKINS. I demand the regular order. 

The SPEAKER pro tempore. The regular order is the unfinished 

business. 

Mr. PAYSON. Which is what? 

The SPEAKER p1·o tempore. There is some mistake in the Calendar, which the Chair will have corrected. The Clerk will read the 

rule. 

The Clerk read as follows, f1·om Rule XXIV, clause 6: 

After the hour under the preceding clause shall have been occupied it shall 

be in order to proceed to the consideration of the unfinished business in which 

the House may have been engaged at an adjournment, and at the same time 

each day thereafter, other than the first and third Mondays, until dispo.sed of; 

and it shall be in order to proceed to the consideration of all other unfinished 

business whenever the class of business to which it belongs shall be in order. 

The SPEAKER pro tempore. In pursuance of the ruling made by 

the Chair the other day, upon the bill from the Committee on Banking 

and Currency, the Chair would hold that the regular order now is the 

unfinished business. 

NEW YORK INDIAN LANDS IN KANSAS. 

Mr. McADOO. I ask unanimous consent to make an explanation. 

I have received from the Reporter the notes as to what occurred between 

the gentleman from Kansas [Mr. PERKINS] and myselfrelativeto the 

extension of time for the consideration of the bill for the sale of certain 

New York Indian lands in Kansas. In order that it may be determined whether the extension of time was for ten minutes or until the 

·consideration of the bill was completed, I desire to have the notes read. 

I wish to do what is fair and honorable in this matter; and if it was the 

understanding that the time should be extended until the bill should 

be completed, of course I desire that understanding should be carried out. 

The SPEAKER pro tempore. The gentleman from New Jersey asks 

unanimous consent to make a statement. The Chair hears no objection. 

1\fr. McADOO. I ask the Clerk to read what I send to the desk. 

The Clerk read as follows: . 

1\lr. PERKINS. I would like to call the attention of the gentleman from New 

Jersey to the fact that I think it was not understood we were consuming any 

part of the twenty minutes in debate, and it certainly is not more than ten min- utes since the debate closed. It was my understanding that we had reserved 

twenty minutes to dispose of the amendments. 

1\Ir. :r.IcAnoo. II I withdraw my objection, shall we have a vote on my substitute? 

l\It·. PERKI:KS. Certainly. I do not limit my request to the extension of ten minutes, but until we complete the bill. 

'.rhe SPEAKER pro tempore. '£he Chair hears no objection, and the time will 

be extended ten minutes. • The question being taken on the ap1endment offered by Mr. WEAVER, there 

were-ayes 21, noes 109. So (further count not being called for) the amendment was not agreed to. 

1\Ir. McADOO. It will be observed that the request of the gentleman from Kansas for an extension of time was not limHed to ten minutes, but until the bill should be completed. The Chair, however, 

pu·t the question to the House as a request for an extension of ten 

minutes. I think the:~;e has been a misunderstanding; and as I wish 

to do what is right and fair in this matter, I, regardless of my opposition to the bill, ask unanimous consent to withdraw the objection I 

made a few minutes ago to continuing the considt.lra tion of the bill. 

The SPEAKER pro tem.pore. The Chair hears no objection, and the 

objection of the gentleman from New Jersey is withdrawn. 

Mr. PERKINS. I now demand the previous question on the passage of the bill. 

The SPEAKER pro tempore. The gentleman from Kansas calls up 

the unfinished business, being the~ bill (H. R. 1406) to provide for the 

selling of certain New York Inruan ·lands in Kansas, and demands the 

previous question upon the engrossment and third reading. 

Mr. McADOO. My motion to Tecom:tnit the bill was peQding after 

the vote had been taken on the amendment. 

The SPEAKER 1Jro tempore. '!;he previous question has· already 

been ordered upon the engrossment and third reading of the bill, which 

is the pending question. 

Mr. 1\IcADOO. I now renew my motion to recommit the bill. 

The SPEAKER p1·o tempore. That motion is not in order at this 

time. The pending question is on the engrossment and third reading 

of the bill. 

The bill was ordered to be engrossed and read a third time. 

The SPEAKER pro tempore. The question is now on the passage of 

the bill. 

1\Ir. 1\fcADOO. I now renew my motion to recl)mmit the bill. 

The motion of 1\Ir. l\IcADoo was not agreed to, there being-ayes 35, 

noes 114. 

Mr. PERKINS. I call the previous~ question on the passage of the 

bill. 

The previous question was ordered. 

The question having been taken, . 

The SPEAKER pro tempore said: Iil the opinion of the Chair the 

ayes have it. · 

1\fr. McADOO. I call for the yeas and nays. 

The yeas and nays were not ordered, there being-ayes 22, noes 156; 

less than one-fifth voting in the affirmative. 

So the bill was passed. 

l\1r. PERKINS moved to reconsider the vote by which the bill was 

passed; and also moved that the motion to reconsider be laid on the 

table. . 

The latter motion was agreed to. 

MARITIME CANAL COMPANY, OF NICARAGUA. 

On motion of Mr. NORWOOD, by unanimous consent, the Committee 

on Foreign Affairs was discharged from the further consideration of the 

bill (H. R. 5615) to incorporate the Maritime Canal Company of Nicaragua, and the same was referred to the Committee on Commerce. 

AMENDl\IENT OF NAVIGATION LAWS. 

Mr. DINGLEY. I move that the House now resolve itself into 

Committee of the Whole House on the state of the Union for the purpose of considering the bill (H. R. 5728) to amend the laws relating to 

navigation, and for other purposes. 

The motion was agreed to. . 

The House accordingly resolved itself into Committee of the Whole 

House on the state of the Union, l\1r. ROGERS in the chair, and proceeded to the consideration of the bill (H. R. 5728) to amend the laws 

relating to navigation, and for other purposes; which was read, as follows: 

Be it enacted, etc., That section 11 of an act to abolish certain fees for official 

services to American vessels, and to amend the laws relating to shipping com- missioners, seamen, and owners of vessels, and for other purpo es, approYed June 19, 1886, be amended by striking out of the sixth and seventh lines of the 

subproviso of said section the words" of the country in which such port is situated, or on the ·cai"goes of such vessels," and substituting in lieu tt;Iereof t_he 

words" of such 'country, or on the cargoes of such vessels; but th1s prov1so shall not be held to be inconsistent with the special regulation by foreign coun- tdes of duties and other charges on their own vessels, and the cargoes thereof, 

enooaged in their coasting trade, or with the existence between such countries and other statel of reciprocal stipulations founded on special conditions and 

equivalents, and thus not within the treatment of American vessels tmder the most-favored nation clause in treaties between the United Statesanq such coun- tries." . SEc. 2. That section 1 of the act hereinbefore mentioned be amended, 1n the 

third line from the end of the section, by inserting after the words "shipping commissioners" the words" and clerks of steam-boat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steam-boat-inspection laws, and for expenses of steam-boat inspectors pro- vided for by section 4461 of the ReYised Statutes." . SEc. 3. That section 4581 of the Revised Statutes, as amended by sectiOn 7 of 

chapter 121 of the public laws passed by the F?rty-ei~hth qongress, !s am~nd~d 

by striking out all after the word "thereof," 1n the fif~h lme, and msertmg m 
1888. CONGRESSIONAL RECORD-HOUSE. 759 

lieu thereof as follows: "If any seaman, after his discharge, shall have incurred any expense for board or other necessaries, or for reasonable charges for medical care and nursing, at the place of his discharge, before shipping again, or for transportation to the United States, such e.l:pense shall be paid out of the ar- rears of wages and ext.ra wages received by the consular officer, which shall be retained for that purpose, and the balance only paid over to such seaman; and 

if such arrears and extra wages are not sufficient to defray such expense, the 

deficiency shall be paid from the fund in the Treasury for the maintenance and 

transportation of destitute American seamen." 

Jlrlr. DING LEY. Mr. Chairman, I will explain the provisions of the 

bill briefly. It is reported by the Committee on Merchant Marine and 

· Fisheries, and amends the shipping acts of 1884 and 1886 so as to carry 

out their original intention. 

Section 1 of this act amends section 11 of the shipping act of 1886, 

in reference to tonnage tax; and the amendment-I may add is suggested by the Secretary of State in view of certain questions which 

have arisen under the act of 1886. Sections 11 and 12 of the shipping 

act of H:l86 tendered to foreign countries which would remove from 

Amertcan vessels all tonnage taxes, light-house dues, and other equivalent; charges, a similar reciprocal treatment of their vessels on the part 

of the United States, and authorized the President to issue his proclamation suspending the collection of tonnage tax on vessels of such foreign countries as reciprocated with us. Under that provision of the shipping act of 1886 the President has 

issued his proclamation in certain cases where certain countries have 

abolished charges on American vessels. But having done this in the 

case of certain Spanish-American countries, certain European countries 

have made claim that they, under what is known as the ''most-favorednation " clause in treaties with this country, ~e entitled to have their 

vessels exempted from tonnage tax and light-house dues. The Secretary of State has very properly responded to such a claim that the exemptions which we have given to vessels of certain foreign countries 

have been in consequence of certain considerationsgiven by them; that 

if these other foreign countries will give the same compensation we 

will give the same exemption to them; and that the" most-favorednation" clause in our treaties does not authorize them to make a 

claim to similar favors unless they give equal compensation. 

In order to make this clear, according to the original intention of 

the shipping act of 1886, and to carry out the construction which the 

Secretary of State and the Attorney-General ha.ve put on the shipping 

act of 1886, it has been thought advisable to embody in this amendment to that act of 1886 this interpretation and this limitation, and 

this is simply the effect of the first section of..this bill. 

The second section of the bill supplies certain o~ions which were 

made in the shipping act of 1886, when the fees for certain seryices to 

American vessels were abolished, and a provision adopted that officers 

receiving payment in whole or in part from fees should be paid thereafter 

from the general Treasury, instead of from the fund which previously 

accumulated from these fees. In making that transfer it was discovered ·subsequentlythat two classes of expenditures haa been omit~ed, 

namely, the compensation of clerks of inspectors of steam-vessels and 

the fees of witnesses in certain cases of collision. This omission is now 

supplied. 

The third section of the bill amends the shipping act of 1884 in that 

section which relates to the care of distressed and sick American seamen in foreign ports. By the act of 1884 seamen could be discharged 

under the provisions of law in foreign ports on payment to the United 

St.:'l.tes consul by the vessel of arrears of wages and one month's extra 

wages. And further provision was made that· the consul, in ports 

where these seamen were discharged, should from that fund of arrears 

of wa.ges and extra wages pay the board and necessaries required by 

the seaman and the expense of his transportation from the foreign port 

in which· he then was to some port in the United States. The district 

court of the southern district of New York has held that the words 

'' board'' and '' necessaries '' used in the act of 1884 do not cover med- ical care and nursing, notwithstanding it was the intention in the use 

of these words to cover all necessary expenses to which the destitute 

American seaman was exposed in :~. foreign port until his return to this 

conn try. The amendment proposed by the bill inserts the words '' medical attendance and nursing," in order to make the original intent of 

the bil1 clear, and provides distinotly, as was provided inferentially by 

the original act, that whatever expense there may be shall be paid from 

the arrears of wages and wages of such destitute seaman, and the balances from the fund appropriated annually by Congress for the relief 

of distressed American seamen in foreign ports and for their transportation to a port in the United States. 

This, Mr. Chairman, covers all the propositions contained in the bill, 

which is unanimously recommended by the Committee on Merchant 

Marine and Fisheries. It simply carries out the intent of Congress in 

enacting the shipping acts of 1884 and 1886. . 

1\fr. COX. What nations made claim under the !.'most-favored- nation" clause? 

]):1r. DINGLEY. The Netherlands and Germany, I believe. 

Mr. COX. The Secretary of State denied their claim. 

Mr. DINGLEY. He did. Thelegalquestion involved was submitted to the Attorney-General, and hig opinion fully sustains the Secre- tary of State in his construction of the " most-favored-nation" clause. 

M:r. COX. · Let me ask the gentleman a question. Will this first 

section of his bill have the effect of preventing similar claims from being made by any other foreign nations hereafter? 

Mr. DINGLEY. They will to this extent: the Secretary of State in 

his negotiations with these claimants will be able to point distinctly to 

the fact that thLc; was the intention of Congress in tendering to foreign 

countries exemption from tonnage tax. 

· Mr. COX. That would be the moral effect. 

Mr. DINGLEY. Yes, sir. I may add for the information of the House 

that the claimants point to the t echnical words of the act to which this 

is an amendment to sustain their claim, and this amendment sets at 

rest all controversy as to the intention of Congress. 

Mr. COX. This is to give, then, the moral effect of a construction by 

Congress to the Department of State? 

~fr. DINGLEY. Precisely. 

Unless some gentleman desires further discussion--

Mr Cox rose. 

Mr. DINGLEY. I will' yield, of course, to the gentleman from New 

York. 

Ur. COX. I have no desire to discuss this further than to say that 

so far as I could scrutinize the bill it appears to be a valuable supplement to the act of 1886. I think other members representing seaboard 

and commercial cities will cheerfully vote to sustain this proposition 

of the gentleman's committee. 

Mr. DINGLEY. If there are no further inquiries in reference to the 

bill, and no desire to further discuss it, I will move that the committee rise and report it favorably to the House. 

Mr. BUCHANAN. I would like to ask the gentleman to repeat in 

a few words the effect of the proposed c.hange in the first section of the 

bill, being section 11 of the original act. The difficulty that we on this 

side of the Hall labor under is our inability to hear what the gentleman said. · This seems robe an amendment to what was understood to 

be a very carefuUy considered biU, passed two years ago, and I would 

like to know the reasons for the change and its effect. . The gentleman 

has no doubt explained tt satisfactorily to those around him, but we 

were unable here to catch the explanation. 

Mr. DINGLEY. Mr. Chairman, I regretthatthegentlemandidnot 

hear my explanation, as I dislike very much to occupy the time of the 

committee~ unl~s there is a general desire that the explanatio:r;I should . 

be repeated. 

M:r. BUCHAN .AN. I thought perhaps the gentleman might in a few 

of the crisp, terse sentences for which he is so distinguished, give the 

information we would like to have here. 

Mr. MILLIKEN. The gentleman ought now, in view of that compliment, undoubtedly to repeat his speech. [Laughter.] 

M:r. DINGLEY. I have simply to a&y, in response to-the inquiry of 

the gentleman from New Jersey, that the amendment simply makes 

cleal'er what was the original intent of the act of 1886; and the practical effect, I may add-and that is perhaps all the gentleman de ires- the 

practical effect is to notify foreign countries that in order to have the 

tonnage tax and the light-house dues removed from their vessels entering 

our ports they must first abolish such charges on American vessels in 

their ports, and not make the claim for exemption until they have done 

so. 

Mr. MILLIKEN. May I ask my colleague a question? 

Mr. DINGLEY. Certainly. . 

Mr. M:ILLIKEN. Did not my colleague draw the act of 1886; and 

is he not now proposing this new legislation in order simply, after the 

experience gained so far, to perfect the law and make it more definite 

and effective ? 

Mr. DINGLEY. Precisely; that is the effect and the intention. 

I now move that the committee rise and report the bill favorably t o 

he House. 

The motion was agreed to. 

The committee accordingly rose; and the Speaker pro tempore having 

resumed the chair, Mr. ROGERS reported that the Committee of the 

Whole House on the state of the Union, having had under consideration 

the bill H. R. 5728, had directed him to report it favorably to the House. 

Mr. DINGLEY. I demand the previous question upon the engross- ment and third reading of the bill. . 

The previous question was ordered, under the operation of which the 

bill was ordered to be engrossed for a third reading; and being engrossed, 

it was accordingly read the third time, and passed. ~ 

:Mr. DINGLEY moved to 1·econsider the vote by which the bill was 

passed; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

• PROPOSED INTERNATIONAL EXPOSITION, PARIS. 

]):1r. BELMONT, from the Committee on Foreign Affairs, by unanimous consent, reported back with amendments the joint resolution (H. 

Res. 83) accepting the invitation of the French Republic to take part 

in an international exposition to be held in Paris in 1889; which was 

referred to the Committee of the Whole House on thestateof the Union, 

and, with the aecompanying report, ordered. to be printed. 
760 CONGRESSIONAL RECORD-HOUSE. JANUARY ·26' - ' 

PB.INTING REPORT OF BUREAU OF ANIMAL INDUSTRY. 

:I'!Ir. HATCH, by unanimo~s co;sent, submitted the following resolution; which was read, and referred to the Committee on Printing: 

Resolved That the Public Printer be, and he is hereby, directed to inform this House wh'at reason exists, if any, for the non-delivery of the report of the Bu- reau of Animal Industry for 1886, which was ordered to be printed by a joint res- olution, number 9, passed by the Forty-ninth Congress, and approved February 

28,1887. 

ENROI.LED BILL SIGNED. 

Mr. FISHEl!, from the Committee on Enrolled Bills, reported that 

they had examined and found duly enrolled a bill (S. 290) to authorize 

the construction of a railroad, wagon, and foot-passenger bridge across 

the Mississippi River at or near Burlington, Iowa; when the Speaker 

pro tempore signed the same. 

SIGNAL SERVICE. 

The SPEAKER pro ternpore laid before the House a letter from the 

Secretary of the Treasury, transmitting revised urgent deficiency estimates for the Signal Service; which was referred. to the Committee on 

Appropriations, and ordered to be printed. 

WITHDRAWAL OF PAPERS. 

On motion of Mr. 0' DONNELL, by unanimous consent, leave was 

given to withdraw from the files of the Honse papers in the cas_e of Andrew J. Williamson and William Smith, no adverse report havrng been 

made. 

On motion of Mr. PHELAN, by unanimous consent, leave was given 

to withdraw from the files of the House the papers in the case of Francis 

Errickscn, without leaving copies, there having been no adverse report 

thereon. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To Mr. JOHNSTON, of North Carolina, indefinitely, on account of domestic affliction. 

To Mr. MOFFITT, for t,en days, on account of.important business. 

PRIVATE BILLS, ETC., WITHOUT INDORSEMENT. 

The SPEAKER pro temp&re. If the Honse will give its attention 

the Chair desires to make a statement, which is necessary, with a view 

to the correct management of business at the Clerk's desk. It appears 

there are eighteen private bills whi& have come to the Clerk's desk 

under the rule without indorsement of the names of the members inti·oducin(J' them. There are also thirty-one petitions without the names 

of the m~mbers presenting the same or any indorsement as to th&refereJlce desired. There are also forty-one petitions without the names of 

the members presenting them indorsed thereon, but w;ith the committees marked to which it is desired they should be referred. 

The Chair could not, of course, animadvert on or criticise the action 

or conduct of members of this House. But he would suggest for the 

proper dispatch of business that some memorandum of these bills and 

petitions should be put in the RECORD, so that members may read the 

catalogue, and if possible give the proper direction to those bills and 

petitions. 

The Chair will ask the consent of the House to have these three dii:. 

ferent bundles examiaed by the Clerk carefully and catalogued for the 

RECORD that members may read over the list and have the proper ref· 

erence dtade. The Chair thinks that would obviate the complaints, 

such as that ·made to-day, as a question of privilege, and other complaints whi~h may come hereafter. Is there objection to that disposition of these bundles? The Chair hears none, and that order is made. 

The 'catalogue supplied by the qlerk is as follows: 

A bill for t.he relief of Hiram N. R{)berts, administrat{)r. 

Also a !Jill to authorize the Secretary ofthe Treasury to convey to Anson Rudu1 of the State of Colorado, certain real estate in the county of Fremont, in saia 

State. 

Also, a bill granting a pension to William B. Bishop. Also, a bill granting a pension to James M. Page. Also, a bill granting a pension to Augustus G. Wyeth. 

Also, a bill granting a pension to M:artin Haas. AlsQ, a bill granting a pension to Christian Kembeck. 

Also, a bill granting a pension to Frederick P. Hardy. Also a bill granting a pension to Lyman D. Green. 

Also: a bill granting a pension to Harriet E. Cooper. 

Also, a bill for the relief of Willis N. Arnold. 

Also, a. bill for the relief of the Christian Church at Marshall, Saline County, 

Missouri. 

Also, a. bill for the relief of the heirs of Lieut. Commander Wilson McGunnegle. Also, a bill for the relief of Frederick Ford. 

Also, a. bill for the relief of William Tabb. 

Also, a. bill for the relief of Aaron Botts. Also, a bill for the relief of Daniel Bentley. 

Also, a bill for the relie!' of Charles K. Remsberg. 

Also, a bill for the relief of North German Steam-ship Company. Also, a bill for the relief of Myra Clark Gaines. 

Also, a bill to appoint Elijah J. 1\I. Button apothecary at the United States 

Naval Academy, a warrant officer in United States Navy. The following petitions were found in the box without the names of members 

pre!:enting the same or tile committees to which reference was del'ired: 

Of WilJiam Green, for a pension; of James H. Prickett, for a pension; of Simon 

Haines, for a pension; of Cullen W. Green, for a pension; of Isaac Kisbaugh, 

for a pension; of Harris Fulford, for a pension; of Henry C. Richardson, for a pension; of Frederick P. Hardy, for a pension; of Charles H. Milbourn, for a pension; of Abraham Tyson, for a pension; of Daniel Batdorff, fora pension; of 

Jane A. Lusk, for a pension; of Daniel~- Bills, for a pe~sion; of Abr~bam V!ln 

Assum for a pension; of Nancy F. Jenntn"'s, for a penswn; of Francis McKin- ney, fo; removal of charge of desertion ; o'l Alonzo Koon, for removal of charge 

of desertion; of William H. Purseley, for relief; of F. _N. Lang, on th~ currency; of Lewis Ratliff and others, on postmasters; paper m case of 1\falmda. Vest; paper in case of Henry Glass; paper in case of Adolphus God din;_ paper against 

division of Idaho; paper from James F. Edwards; of G. W. Kmney, on p1 s~· 

masters; of William H. Jordan, for a. pension.: of George A. Bacon and ~the~ a (Real E.state 'l'ontine); of Aaron Botts, for rehef; paper from Herbert Snnth m case of George Barron; papers in case of Lewis Davis; paper relative to mail matter from Batavia, ill. 

The following petitions were unindorsed, but the committees desired to be re- ferred to were marked thereon: 

Of Eunice A. Pountain, for a pension; of Thomas 0. Robinson, for a pension; 

of Irs. Frances J. McCloud, for a pension; of F. B. Bickford, for a pension; of 

A. H. Chatfield, for pension legislation; of Joseph N opinger, for rem~val of charge 

of desertion· of Frederick Brown, for removal of charge of desertiOn i. of Jona- than C. Hoffman for removal of charge of desertion; of Thomas Linaersmith, 

for removal of ch'arge of desertion; papers in claim_ofHughJ.I;Iewitt; paper in 

claim of James Allen, sr.; paper in case of A. H. Sptcer; paper m c!lse of .Jam~s 

J. Dowling war claim· paper in case of Mrs. L. L. Gilmer, war claim; paper In case of R. H. Jackson ; papers in cases of Wi lli~m J. Ri Yers and others, .war claim; paper relating to settlers of Yellowstone Nat10nal Park; paper relatmg to Fort Buford military reservation; of citizens at Monroe, La., for public building; of 

Adolphus God din, war claim; of B~ker A. Ja~ison and Tallmadg:e A. La~~ert; 

of citizens of Seattle Wash.,on tariff; of Damel Morgan, for relief; of citizens ot Niao-ara County New York, on pensions; of Charles H. Dexter, for relief; of 

canne:'s and packe~ of Baltimore_, for relief; paper in case of Nan<:Y Newt~"!· for relief; paper for anatomical sc1ence and aga.mst grav~ c;I~sec~·ahon; ~f CJ_tl· zens of West Virginia Kentucky, and Tenne5!?ee, for prohtblhon m the Dtstnct of Columbia; of citize~s of Florida, Georgia, West Virginia, and Kentucky, for 

increase of pay of fourth-class postmasters. 

CHANGE OF REFERENCE. 

Mr. WISE. A few days ago I introduced a bill to establish a. permanent quarantine at Cape Charles. It was improperly referred to the 

Committee on Agriculture. I ask now that it be referred to the Committee on Commerce, where it ought to go. 

Mr. HATCH. I may state with reference to this bill that I was under the impression from hearing its title that its object was to establish 

a quarantine station for imported cattle, petitions tor the establishment 

of which had already been referred to the Committee on Agriculture. 

I suggested, therefore, the reference to the Commit~e on Agriculture, 

and that disposition of the bill was made, whereas1t should have been 

referred to the Committee on Commerce. 

The Committee on Agriculture was discharged from the further consideration of the bill, and it was referred to the Committee on Commerce. 

C.A USES REMOVED FROl\1 STATE COURTS. 

Mr. SENEY. I ask unanimous consent to take from the House Calendar the bill {H. R. 1709) to regulate the practice in causes removed 

from State courts. 

The bill was read, as follows: 

Be it enacted etc. ThRt the plaintiff in a suit removed from a State court to a. circuit court of th~ United States shall not be required to give security for the costs of suit if he be a resident of the State in which he brought his suit. 

1\fr. SENEY. The bill it.self sufficiently explains its purpose. I do 

not propose to make any remarks, unless some gentleman desires I 

should. 

The SPEAKER pro tempore. Is there objection to the present consideration of this bill? 

There was no objection. 

The SPEAKER pro tempore. The question is on the engrossment 

and third reading of the bill. 

Mr. Al~DERSON, of Kansas. Is there a report accompanying it? 

The SPEAKER pro tempore. There is. 

The report {by M:r. SENEY) was read, as follows: 

The Committee on the Judiciary, to whom was referred House billl709, beg 

leave to report favorably thereon, and do recommend its pa~ge. . 

Mr. GROSVENOR. If I understand the pmport of that bill, I am 

very dou,btful of the propriety of its passage; and if there is a report 

accompanying it, I should like to have it read. 

The SPEAKER pro tempore. It has just been read. 

M1·. GROSVENOR. I should like to state the ground on which I 

think this bill should not be supported; but in the first place I should 

like to hear some explanation from the gentleman from Ohio [Mr. 

SKNEY]. 

Mr. SENEY. This bill received the unanimous approval of the Committee on the Judiciary. Its purpose is to remedy what is supposed to 

be the difficulty now attending the practice in the Federal courts in 

causes removed from the State courts to those tribunals. We have a. class of litigation against foreign corporations who are incorporated by 

laws of other States than those in which they do business. For that 

reason they claim to be citizens of a foreign ~~ate, and ~hen ~nits are 

brought in State courts against those corporations they mvanably remove them to the Federal court, and when they reach that court they 

follow them up with the motion that the plaintiff give security for 

costs. 

In many cases that amounts to a denial of justice. _In ~any cases the plaintiff is unable to give security for costs, and his failure operates as a perfect and complete defense. It was to cure that. evil and 

mischief that this bill was presented to the House and cons1dered by 

the Judiciary Committee; and it hns lJeen reilorted back to the House 

with their unanimous approval. 
• 1888~ CONGRESSIONAL RECORD~HOUSE. 761 

Mr. GROSVENOR. I wish to explain. I understood the result of 

this change to be precisely the reverse of what it is. I understood that 

it relieved the moving party from the responsibility of giving security. 

for costs. I have no objection to the bill. 

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed. 

Mr. SENEY moved to reconsider the vote by which the bill was 

passed; and also moved that the motio~ to reconsider be laid on the 

table. 

The latter motion was agreed to. 

REPAffi OF THE HARTFORD. 

Mr. WHITTHORNE. Mr. Speaker, I am directed by the Committee on Naval Affairs to move to discharge the Committee of the Whole 

on the state of the Union from the further consideration of the bill providing for the repair of the war steam-ship Hartford, and to ask that the 

same be now placed upon its passage. 

The SPEAKER pro tempore. The bill will be read. 

The Clerk read as follows: 

Be it enacted, etc., That the Secretary of the Navy is hereby authorized and di- rected to repair the United States war steam-ship Hartford, at an expense not exceeding $175,000, which sum is hereby appropriated and made immediately 

available, to be paid out of any money in the Treasury not otherwise appropri- ated. • 

The SPEAKER pro tempore. The gentleman from Tennessee [Mr. 

WHITIHORNE] moves to discharge the Committee of the Whole from 

the consideration of this bill, and to consider the bill as in the House. 

Is thert;) objection? 

Mr. BROWNE, of Indiana. I shall not object, Mr. Speaker, provided 

we can have order in the House so that we can know what is being 

done, but I do not want to be held responsible for the passage of bills 

that I do not hear anything about. [Laughter. J 

Mr. WHITTHORNE. The report is a brief one, and I ask that it be 

read. 

The report (by Mr. WHITIHORNE) wru:; read, as follows: 

The Committee on Naval Affairs, t.o whom was referred the bill (H. R. 1237) 

providing for the 1·epair of the United States war steam-ship Hartford, beg leave to report thereon as follows: ' First. That under existing law the repairs necessary to be done on the Hart- ford in order to fit her properly as a war ship will exceed the limit prescribed by 

law; that is, it will exceed the 20 per cent. of cost of the construction of a similar vessel. 

Second. In view of this fact, under existing laws, the Hartford would be con- demned and sold. • Third. But inasmuch as said Hartford can be repaired for a sum but little in excess of said limit, and forasmuch as around this ship brilliant historic events cluster, making the life of said vessel and its continuance a question of national and patriotic pride, in consideration of which the Secretary of the Navy has suspended the condemnation authorized by law, and submitted the propriety of the repair of said vessel to Congress. . Fourth. The cost and propriety of said repairs is shown in the report ofT. D. Wilson, chief of the Bureau of Construction and Repair, which is as follows: "One of the vessels of the Navy that is likely to be condemned, because the cost of her repairs exceeds the 20 per cent. limit, is the sioop-of-war Hartford, now at the navy-yard, Mare Island. The vessel was built in 1858 at the navy- yard, Boston. She is a screw steamer of about 2,900 tons displacement, 225 feet long, 44 feet wide, and draws 18 feet 6 inches of water. I have lately made a personal examination of this vessel, and find that her live-oak frames aboveiomd below water are sound. I am of the opinion that she can be repaired within the amount, $175,000, called for by-the board of survey, and request that special authority for her repair be asked. , 

"She would then, apart from the claim she has upon the reverence of the American people as Farragut's flag-ship, be valuable for service as a cruiser for several years, and ultimately should be preserved as a monument to those whose blood was shed upon her decks, and as a reminder to the future that, wooden and old-fashioned though she may be called, she carne out victorious in battles with both ironclads and forts." In view of this state of facts, the committee recommend the passage of the bill. . But in making this recommendation the committee desire to say that it is done solely on a.ccount of the historic associations surrounding the name of this vessel, and that they cordially approve the wisdom and policy of existing laws. 

Mr. WHITTHORNE. Mr. Speaker, I do not suppose it is necessary 

to add a word to that report, and I will not consume the time of the 

House in making an argument in support of it. I now demand the 

previous ques~ion on the engrossment and third reading of the bill. 

The bill was ordered to be engrossed and read a third time; and being 

engrossed, it was accordingly read the third time, and passed. 

Mr. WHITTHORNE moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. McCooK, its Secretary, informed 

the House that the Senate had passed the bill (H. R. 2131) for therelief of Joseph Cox, administrator of Charles Pasters, deceased. 

The message further announced that the Senate had passed bills of 

the following titles; in which the concurrence of the House was re- quested: 

A bill (S. 473) to authorize the Secretary of the Treasury to cause 

to be examined certain vouchers filed, or to be filed, by the State of 

Missouri, or her agent or agents, for sums claimed to be due from the 

Government of the United States on account of payments made by said 

State since April 22, 1882, to the officers and enlisted men of her militia 

forces for military services rendered to the United States in the sup pression of the rebellion, ru:; evidenced by the proper pay-rolls heretofore 

filed with, examined, and accepted by the Government of the United 

States, and to report to Congress; 

A bill (S. 509) authorizing an increase in pensions in cases of deaf- n~· - A 1

bill (S. 418) granting .to the State of California 5 per cent. of the 

net proceeds of the cash·sales of public lands in said State; , 

A bill (S. 574) to increase the pension of Mrs. Apolline A. Blair; 

A bill (S. 257) granting a pension to Mrs. Mary S. Logan; 

A bill (S. 190) for the relief of W. H. Tibbits; , 

A bill (S. 28) to create a port of delivery at Port Angeles, in the district of Puget Sound, Washington Territory; 

A bill (S. 25) to amend an act entitled "An act to amend the statutes in relation to immediate transportation of dutiable goods, and for 

other purposes," approved June 10, 1880; and 

A bill (S. 24) to extend the limits of the port of Portland as a port 

of entry .. WILLIAM P. THORNE. 

Mr. BRECKINRJDGE, of Kentucky. Mr. Speaker, I ask unanimons consent that the bill (H. R. 2365) for the relief of William P. 

Thorne be taken from the Private Calendar and considered at thiq 

time. 

The SPEAKER pro tempore. The bill will be read. 

The bill wru:; read, ru:; follows: 

Be it enacted, etc., That the Secretary of the Treasury be, and is hereby, directed to pay to William P. Thorne, of Henry County, Kentucky, out of any money in the Treasury not otherwise appropriated, the sum of $500. 

Mr. BROWNE, of Indiana. What is the claim? 

Mr. BRECKINRIDGE, of Kentucky. The claim is for professionaJ 

services rendered in the county of Henry, Kentucky, in del(mse of the 

United States marshal. They were rendered at the special request of 

the late Judge Ballard, district judge of Kentucky, and the late Col. 

G. C. Whartollt district attorney, whose letters are on file, but from 

whom affidavits could not be obtained, as they died before the claim was 

presented to Congress. The claim could not be paid by the Department 

of Justice because the district attorney had not previously obtained the 

consent of the Department to the employment, nor had Mr. Thorne, the 

claimant, taken the oath prescribed by law prior to performing the services. The report of the committee was unanimous in favor of this _bill, 

and there wru:; a similar report by the committee in the lru:~t Congress. 

Mr. BROWNE, of Indiana. All right. 

The bill wru:; ordered to be engrossed and read a third time; and being 

engrossed, it was accordingly read the third time, and passed. 

Mr. BRECKINRIDGE, of Kentucky, moved to reconsider the vote 

by which the ~?ill was passed; and also mov.ed that the motion toreconsider be laid on the table. · 

The latter motion was agreed to. 

TERMS OF COURT AT QUINCY, ILL. 

Mr. ADAMS. I ask unanimous consent to take from the House 

Calendar the bill (H. R. 1312) providing for a term of court at Quincy, 

Ill. 

There was no objection. 

The bill wru:~ read. 

Mr. ADAMS. This is the southern district of Illinois. All the Representatives of the district have been consulted, except Mr. THoMAs, 

who is absent, and it meets their approval. It is a local matter about 

which all are agreed, and I now ask the previous question upon the 

bill. . 

Mr. ROWELL. I will ask the gentleman whether there has been a 

session of the court at Cairo in four or five years, although there is a 

branch of the court there? · 

Mr. ADAMS. On that point I will yield to my colleague [Mr. ANDERSON]. . 

The SPEAKER p1·o tempore. I~ there objection to the present consideration of this bill? The Chair hears none. 

.h'Ir. ADAMS. Mr. Spea-ker, this is a matter affecting the sou~hern 

district of lllinois. All the Representatives from that district have 

been consulted, so far as they could be, the only exception.being my 

colleague [Mr. THOMAS] who is now absent. I believe thejudgeofthe 

district has also been consulted. As I understand, it is_agreed by all 

parties interested that this is a reasonable and proper bilL As it is a local matter, and as no objection comes from any person interested. I 

will not consume time in discussion. 

Mr. ROWELL. I would like to ask whether there has been any 

session of court at Cairo for five years? 

Mr. ADAMS. I will yield to my colleague [Mr. ANDERSON] to answer that qu~tion. 

Mr. ANDERSON, of Illinois. I will state that Judge Treat, the 

late district judge, had not held court there for a number of years, but 

Judge Allen, the present judge, has informed me that he intends to 

hold court there. Quincy is the largest city, by fur, in the 'district, 

and Judge Allen, ·in a letter which r have, states there is more busi- ness in that part of the district than in any other; and he asks that 

this bill be passed. 

Mr. ROWELL. I do not wish to oppose this measure, which is a 
• CONGRESSIONAL RECORD-HOUSE. J .ANU.ARY 26, 

local matter, but I do 1;10t like these peripatetic courts. In one of the The SPEAKER pro tempore. The Clerk will read the first resolution 

branches of this southern district of illinois, I understand, there has in the Order of Business. 

been no term of court held for ttm years. But I will not object to the The Clerk read as follows: 

bill. • Resolved, That Tuesday, February 21, 1888, after the hour for consideration of 

Mr . .ADA.US. The st..'ttement of the gentleman might be a re..'lson · bills rep?rted from committees ~e fixed for t~e co~si_deration of such bill'! as ~ b l'hin th t f t tC · b t 't b 0' • t may be mdicated by the Committee on Public Butldmgs and Grounds of the J.Or a_ o lS g e e_rm o cour a arro, u 1 can e no reason aoams bills reported by said committee,_ and ehat this or~er shall c~ntinue from day to 

holding court at Quincy. day until the House shall othenVlse order, not to mterfere w1th revenue or gen~ 

Mr. BROWNE, of Indiana. I would like to know whether there eral appropriation bills or prior special orders. 

has been pronded at Quincy any place in which to hold the United nr. DIBBLE. I ask for the reading of the report of the committee 

States courts, or whether this bill is preliminary to an appropriation accompanying that resolution. 

of two or three hundred thousand dollars for the purpose of .erecting a Mr. BLAND. I ask for the yeas and nays on the motion to adjourn. 

building fur the accommodation of the courts and <:<>u~t offiCials. .Mr. RANDALL. Does not the gentleman from South Carolina un~ 

Mr. ADAliS. My colleague [nr. ANDERSON] will answer that ques- derstand that resolution to mean that it shall continue from day to day? 

tion. Mr. BLAND. I demand the yeas and nays on the motion to adMr. ANDERSON, ~f Illinois . . Mr. Speaker, there has just been journ. 

built at Quincy, ill., a new Government building in which a court The SPEAKER pro tempore. The Chair has recognized the gentle- room and offices for c6urt officials have been provided and furnished; so man's demand for the yeas and nays. 

that there will be no additional expense in that regard. As I have al- Mr. :McUILLIN. Is the gentleman from South Carolina willing to 

ready stated, this meas'b.re is appro~ed and asked for by the district limit it to one day? 

judge himself. Mr. BLAND. Let us have the yeas o,nd nays on the motion to ad1\Ir. HATCH. I only desire to say that this bill is eminently proper journ. 

and ought to pass without challenge from any gentleman on either side The House divided; and there were-ayes 6, noes 111. . of the House. It looks to the accommodation of a large and populous So the yeas and nays were refused: · 

business community. The cityofQuincyis oneoftheimportantcities 1\fr. HATCH. I desire to ask the gentleman from South Carolina, 

in that section of the country, especially in that part of illinois. There chairman of the Committee on Public Buildings and Grounds, whether 

is already a Government bu_ilding there, and this term of court at that he will accept an amendment to his resolution, not to exceed five legisplace ought to be authorized. Iative days? 

Mr. ADAMS. I call for the previous question. Mr. RANDALL. Three is enough. 

The previous question was ordered, and under the operation thereof Mr. HATCH. I am willing to give him five. They have lengthy 

the bill was ordered to be engrossed for a third reading; and being en- reports which will be more or less discussed, and I am willing to limit 

grossed, it was accordingly re..'ld the third time, and passed. the time not to exceed five legislative days. Will the gentleman ac- Mr. ADAMS moved to reconsider the vote by which the bill was cept that? 

passed; and also moved that the motion to reconsider be laid on the 1\Ir. DIBBLE. I am willing to accept the limitation to five days. 

tablE!. 1\Ir. BLAND. I object; and demand a vote on my motion to adjourn 

The latter motion was agreed to. over till Saturday, on which tellers have been appointed. 

ORDER OF BUSINESS. Mr. DIBBLE. I desire to say, 1\Ir. Speaker, that the Committee on Public Buildings and Grounds realizes that sometimes filibustering Mr. BLAND. I move that the House adjourn. methods are resorted to to prev~nt the passage of bills reported by the 

The motion was not agreed to. committee. · 

Mr. McMILLIN. Let us have the regular order. The SPEAKER pro temp01·e. The tellers will resume their places, and 

The SPEAKER pro tempore. The regular order is the consideration the vote will be taken on the motion that when the House adjourns toof business on the House Calendar. The Cletk will read the first bus- day, it adjourn to meet on Saturday next. 

iness on the Calendar. A 1\IEMBER. Who are the tellers? 

The following resolution, reported by the Committee on Public Build- The SPEAKER pro tempore. The gentleman from South Carolina 

ings and Grounds, was rea:d: [Mr. DIBBLE] and the gentleman from Missouri [Mr. BLAND]. . 

Resolved That Tuesday, February 21,1888, after the hour for the consideration The House divided; and the tellers reported-ayes 9, noes 154. 

of bills reported from committees, be fixed for the consideration of such bills as So the motion to adJ'<>urn over till Saturday next was disagreed to. may be indicated by the Committee on Public Buildings and Grounds of the bills 

reported by said committee, ~nd that this ord_er shall con.tinue from ~ay to day Mr. BLAND. I move now that when the House adjourns to·day, it 

until the House shall otherWISe order, not to mterfere w1th revenue or general adjourn to meet on :Monday next. appropriation bills or prior special o1·ders. Mr. DIBBU.E. I rise to a point of order. 

Mr. RANDALL. IsuggestthattheHousehad better adjourn. The The SPEA:KERp1·o tempore. The gentleman will state it. 

resolution which has just qeen read might be construed as authorizing Jllr. DIBBLE. I make the point that dilatory motions, under the 

the consideration ofmeasuresfortheerection of a thousand public build- rule, are exhausted. 

ings. The SPEAKER pro tempore. The Chair will hear the gentleman 

The SPEAKER pro tempqre. A motion to adjomn has just been from South Carolina on the point of order. 

voted down. Mr. DIBBLE. I make the point of order that the House is now en- 1\Ir. RANDALL. There has been intervening business. I move gaged in determining a rule of its I?roceedings, and. that the ~onstituthat the House adjourn. tional right of the House to determme the rules of Its proceedmgs can The SPEAKER pro tempore. The Chair thinks the reading of the not be destroyed by the repetition of dilatory motions. 

resolution is to be considered as intervening business. Mr. RANDALL. I beg to call attention, also, to the rule which says 

The question .being taken on the motion of Mr. RANDALL that the that a motion to adjourn, or to fix the day to which the House shall adHouse adjourn, there were-ayes 75, noes 88: journ, is always in order. 

Mr. RANDALL. I call for the yeas and nays. The SPEAKER p1·o tempore. The gentleman will state from what 

On ordering the yeas and nays, there were-ayes 26, noes 135; not part of the Digest he quotes. 

one-fifth voting in the affirmative. Mr. DIBBLE. From page 337, under the title of "Dilatory mo· 

:Mr. McMILLIN. Let us have tellei's on ordering the yeas and nays. tions. 1' It covers a decision cited in the Journal of the first session of 

Tellers were not ordered, only 26 members voting therefor. the Forty-seventh Congress. 

So the yeas and nays were refused, and the motion to adjourn was The SPEAKER pro tempore. The Clerk will read the rule. 

not agreed.. to. · The Clerk read as follows: 

Mr. BLAND. I move that when the House adjourns to-day, it ad- RULE XVI . .A. motion to fix a day to which the House shall adjourn, a moti_on 

journ to meet on Saturday next. to adjonrn,and to take a recess shall always be in order; and the hour atwh1ch 

The question being taken on the motion of Mr. BLAND, there were- the House adjourns shall be entered upon the Journal. 

·ayes 11, noes 138. The SPEAKER pro iempm·e. The Chair overrnles the point of order, 

Mr. BLAND. No quorum. and entertains the motion of the gentleman from Missouri, which is 

The SPEAKER pro tempore. No quorum having voted, tellers are that when the House adjourns to-day it be to meet on Monday next. 

ordered, and the Chair appoints the gentleman from Missouri [Mr. Mr. McMILLIN. Evidently the House is not in the humor for the 

BLAND] and the gentleman from Sonth Carolina [Mr. DIBBLE]. transaction of business this evening, and I therefore move that we now 

Mr. BLAND. I move that the House do now adjourn. adjourn. 

The SPEAKER pro tempore (having put the question on the motion The motion was not agreed to. 

to adjourn). In the opinion of the Chair, the noes have it. Mr. DIBBLE. I ask unanimous consent to make a brief statement. 

Mr. BLAND. I call for a division. Mr. McMILLIN. I demand a division on the last vote. 

The question being taken on the motion to adjourn, there were-ayes [Cries of "Too late!"] 

14, noes 118. The SPEAKER pro tempore. The Chait thinks the gentleman was 

Mr. BLAND. I demand the yeas and nays. in time. 

Mr. RANDALL. I "Would like to have the proposition read. I 'lo Mr. McMILLIN. I will not insist upon the demand. 

not think it is understood. Mr. DIBBLE. Mr. Speaker, as I stated before, it is not the disposi-
1888. CON<lRESSIONAL RECORD-·HOUSE. 763 

tion of the Committee on Public Buildings and Grounds, who are sim-1 Mr. RANDALL. I do not think if t~e committee is reasonable there 

plytheservantsofthe House in facilitatingthedispatchofitsbusiness, would be any such procedure as the gentleman apprehends. 

to occupy. more of the time of the House than the House itself desires Mr. DIBBLE. I think it is a rather violent presumption to suppose 

it to occupy, or to take more of its time for the consideration of busi- that the committee would ask or the House would second the commit- ness from that committee than would fairly belong to it, considering tee in anything that is unreasonable. 

the general dispatch of the public business. Th~ only objection the 1\ir. BLAND. I demand the regular order. • committee could possibly have to a limitation of the time to a definite The SPEAKER pro tempore. The regular order is the motion to adnumber of days is this: that it has been the experience of the past, w beQo j ourn. ever such a limit is fixed, that it affords an encouragement to dilatory Mr. DIBBLE. I desire to make a parliamentary inquiry. 

motions, such as we have seen this evening. The SPEAKER pro tempore. The gentleman will state it. 

The only purpose of this resolution in its present shape is, that when Mr. DIBBLE. I desire to know the position of the question; w bether 

the cotnmittee gets this time it may be of some a>ail to it for the trans- a demand was not made for a division on the motion to adjourn, and 

action of it<> business. .A. provision is made here. it will be seen, which whether that was not withdrawn. · has not been contained in similar propositions. ·Heretofore it was pro- The SPEAKER pro tempore. It was; but the Chair had not anvided that the committee should proceed with that order until the nounced the result. On the motion to adjourn the noes have it, and 

business it had presented to the House should be disposed of. But the House refuses to adjourn. 

this resolution is changed so as to provide that such order shall con- ~Ir. BLAND. I rise to a question of order. What is the question 

tinue until the House itself shall otherwise order. now pending? 

Mr. LONG. Would not the motion to "otherwise order" be made The SPEAKER pro tempm·e. The motion now pending is that when 

every five minutes? the House adjourns to-day it be to meet on Monday next. 

Mr. DIBBLE. I think not. 1\Ir. BLAND. That is the motion I rnade. · 

Mr. M:cl\IILLIN. Let me ask the gentleman from South Cru:olina a The SPEAKER pro tempore. During the pendency of tb..'l.t motion a que-tion. Under this resolution, if adopted, when would this order ex- motion was made to adjourn. That has just been voted on and the 

pire? • result declared. Now the question is on the motion that when the 

Mr. DIBBLE. It will expire when in the course of its business the House adjourns to~day it be to meet on Uonday next. 

House determines that it should expire. Mr. HOGG. I rise to a question of order. 

:Mr. McUILLIN. That is as clear as mud. The SPEAKER pro tempore. The gentleman will state it. 

Mr. BLOUNT. What other committee has that privilege, I would Mr. HOGG. I submit that a motion to adjourn till Ionday is a 

ask, or can have it? • motion to adjourn for more than three days, and is therefore not in 

A 1\IE:llBER. What other committee is packed with business as this order. 

is? The SPE.AKER p1·o tempore. Sunday is i10t a legisJati ve day. Dies 

Mr. DIBBLE. I will state to the gentleman that other committees Dominicus non est juridicus. . 

do have that privilege, and can come in at any time with their busi- The question being taken on the motion to a-djourn over until Mon- . 

nes . There are privileged committees which can come in and take pre- day next, there were-ayes 106, noes 83. 

cedenceundertbernlesoftbeHouse. Thiscommitt8ehasnosuchprivi- Mr. STEELE. I move that the House do now adjourn. 

lege. It only comes before the House in·the time assigned to it by the Mr. BLAND. I ask for the yeas and nays on the motion to adj~urn 

Hou.:;e; and no more reasonable proposition could be presented to the over. House than to :fix a day, as here proposed, when that business shall com- On the question of ordering the yeas and nays there were~ayes 39, 

mence, to continue until otherwise ordered by the House. noes 112. 

The privilege is resened to the Hou e to discontinue that order at So (the affirmative being more than one-fifth of the whole vote) the 

any time; and when that order is pending and being proceeded with yeas and nays were ordered. a majority of this House, in its discretion, can terminate it when it sees :Mr. HATCH. I move that the House do now a-djourn. 

fit. If it is to be limited, as contended on the other side; if a small The SPEAKER pro tempo're. The yeas and nays have been ordered 

minority of the House is to limit this committee to a fixed period, ot on the motion to adjourn over. one day, why the same minority which is now interrupting the consid- Mr. LONG. The gentleman from Indiana [Mr. STEELE] had made - eration of this resolution could defeat the passage of a single bill by a motion to adjourn before the yeas and nays were ordered. 

similar proceedings. The SPEAKEH pro tempore. This is a motion of higher privilege 

Ur. LONG. If it be in the power of a small minority to interpose tbau the motion to adjourn. 

to stop the order proposed in your resolution, why do you not amend Mr. LONG. But the yeas and nays had not been ordered when the 

the resolution so as to fix some definite time when it mav terminate? motion to adjourn was first made, and the motion to adjourn is always 

Mr. DIBBLE·. In answer to the gentleman I will state that it bas in order. I ask the Chair to look at the authority on the subjed. 

been a.lready suggested by the gentleman from Missouri to do ~:;o. I am The SPEAKER pro tempore. The Chair will have the rule read. 

willing to accept, on behalf of the committee, a motion that this shall The Clerk read clause 4 of Rule XVI, as follows: 

be amended so as to provide that the order will not exceed five days. When a question is under debate, no motion shall be received but to fix the 

M HATCH F' 1 · 1 t ' d ? day to which the House shall adjourn, to adjourn, to take a recess, to lay on the r. · lVe eg~ a IVe ays · table, for the previonsquestion (which motion shall be decided without debate), 1\Ir. DIBBLE. Yes; five legislative days. I would accept an amend- to postpone to a day certain, to refer or amend, or to postpone indefinitely, 

ment of that sort. which several motions shall have precedence in the foregoing order. 

Mr. BLOUNT. That would be a. bill for every ten minutes. The SPEAKER pro tempore. ',I.'he Chair is certainly right. 

Mr. McMILLIN. Six an hour. [Cries of "Regular order!"] Mr. HATCH. Pending the call of the yeas and nays on the motion 

Mr. BLAND. Certainly, under the resolutions as offered, it would that when the Honse adjourns to-day it be to meet on Monday next, I 

give this committee-- mo>ed that the House do now adjourn. 

The SPEAKER p1·o tempore. A motion is pending to adjourn, and The SPEAKER pro tempore. Tlie othPr ,ffiotion has precedence. 

the regular ·order is demanded. Mr. BLAND. I move to reconsider the vote by which the yeas and 

Mr. BLAND. Consent has been given to discuss this matter, and I nays were ordered. 

ask a moment to reply to the gentleman from South Carolina. Mr. WHITE, of New York. The gentleman from Missouri can not 

The SPEAKER pro tempm·e. The discussion could only proceed by make that motion, because he did not vote in the affirmative. 

consent. The Chair will submit the request of the gentleman from The SPEAKER pro tempore. The record does not sliow that. 

South Carolina as. the Chair understands it. The gentleman a-sks con- The question being taken on Mr. BLAND's motion, the Speaker pro 

sent to modifY the resolution so that it shallprovideforfivelegislative ternpore Rtated that the ayes seemed to have it. 

days. Is that the proposition? Mr. RANDALL. I call for a division. 

Mr. RANDALL. When is the time to begin on each day? The.House divided: a.nd there were-ayes 96, noes 60. Mr. HATCH. The resolution fixes that. Mr. RANDALL. No quorum. 

Mr. DIBBLE. After the second morning hour. Mr. HATCH. I move that the HouGe do now adjourn. 

Mr. LANHAM. I would like to have Fridays excepted from the The SPEAKER p1·o tempore. The Chair would not decide that mo- _ operation, that being private bill day, tion to be in order. 

Mr. icMILLIN. A legislative day could by recesses be made to Mr. RANDALL. When the House finds itself without a quorum 

extend over an indefinite period. · there is no motion in order except a motion to adjourn or a motion for 

Mr. RANDALL. ·will the gentleman from South Carolina consent a call of the House. 

that an hour be fixed, say 5 o'clock, each day for adjournment? TheSPEAKERprotempore. TbeChaircandeterminefrom tbevote-

:Mr. DIBBLE. The only trouble there is-- ayes 96, noes GO- that no quorum has voted. . The Chair will appoint 

Mr. RANDALL. I ask that question in good faith, and not for any tellers. 

purpose of delaying action. :l'tlr. HATCH. I now move that the House adjourn. 

Mr. DIBBLE. The only trouble about that is that if gentlemen Mr. RANDALL. I repeat what I said a moment ago, that whenever 

propose to filibuster against a bill I would not like to be committed that the House finds itsel.f without a quorum there are but two motions in 

they should have 5 o'clock as a convenient point at which they could order, to adjourn or for a call- of the House. 

stop every day and exhaust my fi >e days on the one bill. The SPEAKER pro tempore. The Chair would hold that as less than 
764 CONGRESSIONAL RECORD-HOUSE. JANUARY 26, 

a. quorum has appeared on the .ay-a.nd-no vote, two motions only are 

in order, a motion to adjourn or a motion for a call of the Rouse. The 

gentleman from Missouri [Mr. HATCH] now makes the motion to adjourn. -

The question being taken, 

The SPEAKER pro te-mpore stated that the ''ayes'' seemed to have it. 

Mr. SOWDEN. I call for a division. 

Mr. NELSON. I rise for a parliamentary question. What is the 

effect of this motion if carried? Will it be to adjourn until to-morrow 

cr until Monday? 

The SPEAKER pro tempn·e. Until to-morrow. 

Mr. NELSON. I understood the Chair to decide that the motion to 

adjourn over was carried. .Tile SPEAKER pro te-mpore. The yeas and nays had been ordered 

on that motion, and the gentleman from Missouri moved to reconsider 

the vote orde1·ing the yeas and nays. 

Mr. DIBBLE. I desire to make a parliamentary inquiry. 

The SPEAKER pro tempore. The Chair will first announce the result of the vote on the motion to adjourn. The ayes are 143 and the 

noes 96. 

Mr. STEELE. I call for the yeas and nays on that motion. 

Mr. BAYNE. I rise to a parliamentary inquiry, which I should like 

to have answered before the vote is taken. If we adjourn now, will the 

House meet to-morrow at 12 o'clock? 

The SPEAKER pro tempore. It will. 

Mr. DIBBLE. '.rhe inquil·y which I desired to address to the Chair 

was this: Was not a motion to reconsider pending when the want of a 

quorum was discovered? That was a motion to reconsider a motion, 

which was carried, that when the House adjourn to-day it adjourn to 

meet on Monday next. 

~fr. BLAND. Uponwhichmotion theyeasandnaysweredemanded. 

Mr. RANDALL. The gentleman from South Carolina [Mr. DIBBLE] 

will observe that the vote upon the motion to adjourn over was not 

completed; by reason of the motion to reconsider, it remained uncompleted. 

The SPEAKER pro tempore. The Chair will state the question. 

There was a demand for the yeas and nays. On the motion to reconsider there was no quorum. There were only two mot,ions in order. 

The Chair put one, and the H-ouse is now voting upon one. The gentleman from Indiana [Mr. STEELE] now demands the yeas and nays 

on the motion to adjourn. 

The question was taken on ordering the yeas and nays, and 31 members voted in the affirmative, not one-fifth of the last vote. 

Several MEMBERS. Count the other side. 

The House _divided; and there were-ayes 31, noes 112. 

The SPEAKER pro tempo're. On the question of taking the yeas and 

nays on the motion to adjourn, the ayes are 31 and the noes 112. More 

than one-fifth have voted, and the question is on the motion to adjourn, 

upon which the yeas and nays are ordered. 

, 1 The question was taken; and there were-yeas 81, nays 140, not voting 102; as follows: 

YEA8-81. 

Abbott, Cowles, Latham, .Ailen,J.M. Cummings, Lee, Anderson, G. A. Dalzell, Maish, Bayne, Davidson, A. C. Mansur, 

Martin, 

McMillin, 

Merriman, 

Mills, 

Montgomery, Moore, 

Morgan, 

O'Ferrall, 

O'Neall,J.H. 

O'Neill, Charles 

O'Neill, J. J. 

Patton, 

Belmont, Dockery, Bland, Enloe, Bliss, Forney, Breckinridge, C. R. French, Breckinridge,WCP Fuller, Brown, C. E. Gay, Bryce, Gibson, Buckalew, Glass, Bynum, Glover, Campbell, Felix, Granger, Campbell, J. E. Hall, Campbell, T. J. Hatch, Caruth, Haugen, Caswell, Herbert, Clements, Hooker, Cobb, Kerr, · Compton, Landes, 

Adams, 

Allen, C. H. 

Allen,E.P. 

Anderson, A. R. 

Anderson, C. L. 

Anderson, J. A. 

Arnold, 

Atkinson, 

Baker,C.S. 

Baker,Jehu 

Bankhead, 

Bat·nes, 

Belden, 

Boothman, 

Bound, 

Boutelle, 

Bowden, 

Dowen, 

Brown,J.R. 

Brumm, 

Buchanan, 

Bunnell, 

BUrnes, 

Catchings, 

Cheadle, 

Chipman, 

Clark, 

Cogswell, 

Conger, 

Cothran, 

Crisp, 

Crouse, 

Culberson, 

Darlington, 

Davis, 

Dibble, 

Dingley, 

Dorsey, 

Dunham, 

Dunn, 

Elliott, 

Ermentrout, 

Farquhar, 

Finley, 

Peel, Phelan, 

Randall, 

Rayner, 

Richardson, 

NAYS-140. 

Fisher, 

Fitch, 

Flood, 

Ford, 

Gaines, 

Gallinger, 

Gear, 

Gest, 

Greenman, 

Grimes, 

Grosvenor, 

Grout, 

Guenther, 

Heard, 

Hemphill, 

Henderson, J. S. 

Hiestand, 

Hires, 

Hogg, 

Holman, 

Holmes, 

Hopkins, A. J. 

Rogers, 

Romeis, 

Seney, 

Shaw, 

Simmons, 

Springer, 

Stockdale. 

Stone of Ky. Stone of Mo. 

Thomas, 0. B. 

Townshend, 

Turner, H . G. 

Walker, 

Weaver, 

Wheeler, 

White,J.B. 

"\Vhitthorne, 

Yoder. 

Hunter, 

Jackson, 

Johnston, J. T. 

Kean, 

Kennedy 

Ketcham, 

La Follette, Laird, 

Lanham, 

Lawler, 

Lehlbacb, 

Lind, 

Lyman, 

Lynch, 

Mason, 

McAdoo, 

McCiammy, 

McKenna, 

McKinney, 

McRae, 

McShane, 

Milliken, 

Moffitt, 

Morrill, 

Neal, 

Nelson, 

Newton, 

Nutting, 

O'Donnell, 

Osborne; 

Outhwaite, 

P11nington, · P~rkins, 

Perry, 

Peters, 

Pidcqck, 

Post, Reed, 

Robertson, 

Rockwell, 

Rowell, 

Rowland, 

Russell, C. A. 

Sayers, 

Scull, 

·sherman, 

Smith, 

Snyder, 

Sowden, 

Spooner, 

Stahlnecker, 

Steele, 

Stephenson, 

Stewart, Charles 

Stewart, J.D. Stewart, J. W. 

Struble, 

Taulbee 

Taylor, .J.D. 

Thomas, G. M. 

Tillman, 

NOT VOTING-102. 

Bacon, Davidson, R. H. M. Laffoon, Barry, DeLano, Lagan, Biggs, Dougherty, Laidlaw, Bingham, · Felton, Lane, Rlanchard, Foran, Lodge, Blount. Funston, Long, Brewer, Goff, Macdonald, Brower, Hare, 1\faffett, Browne.T.H.B. Harmer, Mahoney, Browne, T.M. Hayden, 1\Iatson, Burnett, Hayes, .1\IcComas, Burrows, Henderson, D. B. McCormick, Butler, Henderson, T.J. McCreary, Butterworth, Hermann, McCullogh, Candler, Hitt McKinley, Cannon, Hopklns, S. I. Morrow, Carlton, Hopkins, S. T. Morse, Clardy, Honk, Nichols, Cockran, Hovey, Norwood, Collins, Howard, Oates, Cooper, Hudd, Owen 

Cox, Hutton, Parker, Crain, Johpston, T. D. Payson, Cutcheon, Jones, Phelps, Dargan, Kelley, Plumb, Davenport, Kilgore, Pugsley, 

So the House refused to adjourn. 

Turner, E. J. 

Vandever, 

Wade1 Wasbtngton, 

White, B. V. Whiting, William 

Wickham, 

Wilkinson, 

Williams, 

Wilson, Thomas 

Wise 

Yardley, 

Yost. 

Rice, 

Russell, J. E. 

Rusk, 

Ryan, 

Sawyer, 

Scott, 

Shively, 

Spinola, 

Symes, 

'l'arsney, 

Taylor, E. B. 

Thomas, J. R. 

Thompson, A. 0. 

Thompson, T. L. 

Tracey, 

Vance, 

Warner, 

Weber, 

West, 

Whiting,J.R. 

Wilber, 

Wilkins, 

Wilson,W.L. 

Woodburn. 

On motion of Mr. STEELE, the reading of the names of ruembers voting was dispensed \Yith. 

The following additional announcement was made of pairs on all political matters for the rest of the day: 

Mr. WILSON, of West Virginia, with Mr. McKINLEY. 

Mr. OATES with Mr. KELLEY. 

Mr. NORWOOD with Mr. BURROWS. 

1.\-Ir. KILGORE with Mr. THOMAS H. B. BROWNE. 

Mr. THOMPSON, ofCalifornia, with Mr. RYAN. 

1\'fr. HARE with Mr. McCo::\1AS. 

Mr. SCOTT with Mr. BINGHAM. 

Mr. VANCE with Ur. HARMER. 

Mr. BACON with Mr. PUGSLEY. 

Mr. LAFFOON with Mr. McCULLOGH. 

Mr. WHITING, of Michigan, with Mr. HOPKINS, of New York. 

Mr. DAVIDSON, of Florida, with Mr. BUTTERWORTH. . 

Mr. BURNETT with Mr. LODGE. 

Mr. LAGAN with Mr. BUTLER. 

Mr. RICHARDSON; Mr. Speaker, my colleague [Mr. BUTLER] is 

detained at his room by sickness. 

The result of the vote was then announced as above re rded. 

Mr. WILSON. I move that the House now adjourn until to-monow 

at 12 o'clock. 

The SPEAKER pro tempore. That motion is not in order at this time. 

The Chair will state the question. A motion was made that when the 

House adjourn to-day, it adjourn to meet on Monday. On that the 

yeas and nays were ordered. A motion to reconsider the vote by which 

the yeas and nays were ordered on that motion is now pending. On 

that motion tellers were ordered. No quorum appeared, and then a 

motion to adjourn was made. Now, the proposition is to reconsider 

the vote by which the yeas and nays were ordered on the motion to adjourn until Monday next. 

:M:r. BLAND. '.rellers were ordered upon that motion. I insist 

upon t-ellers. 

The SPEAKER pro tempore. Telle1·s were ordered, and the gentleman from :M:issouri [Mr. BLAND] and the gentleman from South Carolina [Mr. DIBBLE] will resume their places as tellers. 

The question wa-s taken on the motion to reconsider the vote by which 

the yea-s and nays were ordered on the motion to adjourn until Monday; and the tellers reported-ayes 76, noes 11. 

Mr. BLAND. No quorum, Mr. Speaker. 

Mr. DUNHAM. I move that the House do now adjourn. 

The question was taken on the motion of Mr. DUNHAM. The motion 

was agreed to; and the House accordingly (at 4 o'clock and 55 minutes 

p. m.) adjourned. 

PRIVATE BILLS AND JOINT RESOLUTIONS INTRODUCED AND REFERRED. 

Under the rule private bills and joint resolutionS of the following 

titles were introduced and referred as indicated below: 

By Mr. CLEMENTS ~ A bill (H. R. 5998) for the relief of Josiah 

Hatchet-to the Committee on War Claims. 

By Mr. J. D. STEW ART: A bill (H. R. 5999) for the relief of the .• 
1888. CONGRESSIONAL RECORD-HOUSE. 765 

widow of Augustin De Caindry, deceased, and the children of Julia 

Wamaling, deceased-to the Committee on War Claims. 

By l\Ir. ADAMS: A bill (H. R. 6000) for the relief of Henry Meynell-to the Committee on Inva1id Pensions. 

By Mr. TOWNSHEND: A bill (H. R. 6001) granting a pension to 

Sarah J. Fraily-to the Committee on Invalid Pensions. 

By Mr. J. B. WHITE: A bill (H. R. 6002) for the relief of Lewis 

Deems-to the Committee on War Claims. 

Also, a bill (H. R. 6003) granting a pension to Mrs. A. E. Johnsonto the Committee on Invalid Pensions. 

By Mr. HOLMES: A bill (H. R. 6004) granting a pension to John 

Kennedy-to the Committee on Invalid Pensions. 

By Mr. PETERS: A bill (H. R. 6005) granting a pension to Frank 

Lawhead-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 6006) granting a pension to Mary Flora_.:._to the 

Committee on Invalid Pensions. 

By Mr. STONE, of Kentucky: A bill (H. R. 6007) for the relief .of 

W. L. H9bby-to the Committee on War Claims. 

By l'l1r. ROBERTSON: A bill (H. R. 6008) for the relief of Mrs. E. 

W. F. Chevis-to the Committee on War Claims. 

Also, a bill (H. R. 6009) granting a pension to Mary Ann Trainor..,- -to the Committee on Invalid Pensions. ' 

By Mr. REED: A bill (H. R. 6010) to remove the charge of desertion against Moses Rowe-to the Committee on Military Affairs. 

By Mr. RUSK: A bill {H. R. 6011) for the relief of John Kellyto the Committee on Naval Affairs. 

By Mr. SCULL: A bill (H. R. 6038) granting a pension to Samuel 

Mishler-to the Committee on Invalid Pensions. 

By Mr. HAUGEN: A bill (H. R. 6039) to appropriate to the widow 

of the late Hon. William T. Price a cert.ain sum of money-to the Committee on Appropriations. 

By Mr. GUENTHER: A bill (H. R. 6040) for the relief of Frank 

Schick-to the Committee on Invalid Pensions. 

By Mr. VOORHEES: A bill (H. R. 6041) for the relief of William 

L. Wommack-to the Committee on Military Affairs. 

By Mr. DUNHAM: A bill (H. R. 6042) granting a pension to John 

M. Hutehins-to the Committee on Invalid Pensions. 

By 1\Ir. McADOO: A bill (H. R. 6043) for the relief of Martin McNamara, alias Martin Mack-to the Committee on 1\filitary Affairs. 

By Mr. BUTTERWORTH: A bill (H. R. 6044) granting a pension 

to Martha McCormick, mother of William 1\fcCormick-to the CQmmittee on Invalid Pensions. 

Changes in the 1·eference of bills improperly referred were made in 

the following cases, namely: 

The bill (H. R 627) granting a pension to Francis Mattingly-to the 

Committee on Invalid Pensions. 

Also, the bill (H. R. 3481) granting a pension to Noah Johnson-to 

the Committee on Pensions. _.. 

Also, the bill (H. R. 4384) to restore pensions in certain cases-to the 

Committ-ee on Pensions. 

By Mr. FISHER: A bill (H. R. 6012) for the relief of A. P. Swineford-to the Committee on Claims. PETITIONS, ETC. 

By Mr. CLARDY: A bill (H. R. 6013) for the relief of Anthony The following petitions and papers were laid on the Clerk's desk, 

Conolly-to the Committee on Invalid Pensions. ' under the rule, and referred as follows: 

By Mr. HEARD: A bill (H. R. 6014) granting a pension to David Br 1\-Ir. J. M. ALLEN: Petition of J. T. Barnett, administrator ot 

Schaffter-to the Committee on Invalid Pensions. J. W. Barnett, deceased, of Tishomingo County, Mississippi, for referAlso, a b:ifi.-(H. R. 6015) granting a pension to Clara J. Fulkerson- ence of his cl.aim to the Court of Claims-to the Committee on War 

to the Committee on Invalid Pensions. · Claims. 

By Mr. MERRIMAN: A bill (H. R. 6016) granting a pension to Eliza By Mr. C. L. ANDERSON: Petition of W. D. Waugh and 41 others, 

Holmes, widow of John Holmes, deceased-to the Committee on In- citizens of Holmes and At tala Counties, Mississippi, to place salt on the 

valid Pensions. free-list-to the Committee on Ways and Means. 

By 11t1r. NUTTING: A bill (H. R. 6017) to relieve Luther Green By Mr. BLISS: Petition of Emil Hoeninghaur; and of William 

from the charge of desertion-to the Committee on Military Affairs. Blanchfield, for correction of military record-to the Committee on MilBy Mr. GREENMAN: A bill (H. R. 6018) for the relief of George itary Affairs. - "" Campbell-to the Committee on Military Affairs. By Mr. W. C. P. BRECKINRIDGE: Petition of G. H. Chism, for reBy Mr. FLOOD: A bill (H. R. 6019) granting a pension to Edwin .lief-to the Committee on Invalid Pensions. 

Sidney-to the Committee on Invalid Pensions. By Mr. BREWER: Petition of the Deaf Soldiers' Association, for an Also, a bill (H. R. 6020) granting a pension to Aaron B. Hogan-to increase of pension to deaf soldiers-to the Committee on Invalid Penthe Committee on Invalid Pensions. sions. 

By Mr. WICKHAM: A bill (H. R. 6021) granting a pension to By M"I. BOWEN: Resolutions telegraphed as passed by the town of 

Nathaniel Lyon-to the Committee on Invalid Pensions. Pocahontas, Va., the citizens of East Tazewell County, Virginia, proBy M:.r. J. D. TAYLOR: A bill (H. R. 6022) granting a pension to testing against putting coal and iron on the free·list, and asking perSmith Bodkins-to the Committee on Invalid Pensions. mission to be heard before the Committee on Ways and Means before a By Mr. C. E. BROWN: A bill (H. R. 6023) for the relief of William G. bill is reported-to the Committee on Ways and Means. 

Halpin-to the Committee on War Claims. By Mr. T. H. B. BROWNE: Petition of S. B. Chapman and others, 

Also, a bill (H. R. 6024) granting a pension to Agostino Montegrifo- citizens of Gloucester County, Virginia, for the improvement of Ware 

to the Committee on Invalid Pensions. River-to the Committee on Rivers and Harbors. 

By Mr. J. E. CAMPBELL: A bill (H. R. 6025) granting a pension Also, a bill for continuing the improvement of certain rivers and 

to George H. McKee-to t.he Committee on Invalid Pensions. creeks in the First district of Virginia-to the Committee on Rivers and 

Also, a bill (H. R. 6026) gran1ingextrapayproper to James M. Her- Harbors. 

rington-to the Committee on War Claims. Also, a bill authorizing a survey of certain rivers and creeks in the 

Also, a bill (H. R. 6027) authorizing the Secretary of War to remove First district of Virginia-to the Committee on Rivers and Harbors. 

the charge of desertion from the record of Private Dennis Forbes and By Mr. BUNNELL: Resolutions of the board of directors of the Board 

to pay him the money of which he was deprived by reason of such of Trade of Chicago, protesting against the action of the French and 

charge of desertion-to the Committee on Military Affairs. German Governments in prohibiting the importation of American salt 

By Mr. ROMEIS: A bill (H. R. 6028) for the relief of Bernard pork on the pretext of its unwholesomeness-to the Committee on For~ 

Teague, from the charge of desertion-to the Committee on Military eign Affairs. 

Affairs. . By 1\Ir. CATCHINGS: Petition of Eliza. Strong, heir of Seth A. and 

Also, a bill (H. R. 6029) for the relief of John Dardis, to remove the Charles l\I. Strong, deceased, of Warren County, Mississippi, ami Betcharge of desertion-to the Committee on Military Affairs. ) ·tie Shelby, widow of Thomas Shelby, deceased, of Washington County, 

By Mr. CHARLES O'NEILL: A bill (H. R. 6030) to increase the 

1 

Missi'3sippi, for reference of their claims to the Court of Claims-to the 

pension of Mrs. Laura Hooper Denby-to the Committee on Invalid Committee on War Claims. 

Pensions. By Mr. CROUSE: Petition of 0. Cone and 12 others, professors in 

By Mr. SCOTT: A bill (H. R. 6031} for the relief of Henry 1\Iul vin- Buchtel College, at Akron, Ohio, for international copyright-to the 

to the Committee on Military Affairs. · Committee on Patents. 

By 1\lr. DIBBLE: A bill (H. R. 6032) to empower Robert Adger and By Mr. DARLINGTON: Petition for removal of the duty on im- others to bring suit in the Court of Claims for rent alleged to be due ported books-to the Committee on Ways and Meaus. 

them-to the Committee on Claims. Also, fourteen petitions of citizens of the Sixth district of PennsylBy Mr. ENLOE: A bill (H. R. 6033) for the relief of C. Y. Giles, vania, against the admission of Utah-to the Committee on the Terriadministrator, etc.-io the Committee on War Claims. tories. • · 

Also, a bill (H. R. 6034) for the relief of Littleton 0. Gooch-to the By Mr. ENLOE: Papers in the case of A. 'I. Terrill, for relief-to 

Committee on Military Affairs. the Committee on War Claims. 

By Mr. PHELAN: A bill (II. R. 6035) for the relief of the La Grange By Mr. ERMENTROUT: Memorial and certificates for a pension to 

Synodical College of La Grange, Tenn.-to the Committee on War John T. Donahower-to the Committee on Invalid PeL.sions. 

Claims. . Also, memoria.l o{ Chicago Board of Trade, for retaliatory measures 

By Mr. BOWEN: A b1ll (H. R. 6036) to pay Waddy T. James and against French and German Government..:; for prohibiting importation 

others for horses killed in the service of the United States-to the Com- of mess and salted pork-to the Committee on Foreign Affairs. 

mittee on War Claims. , lly Mr. FAHQUHAR: Petitions of 110 citizens and business firms of 

By Mr. BOWDEN: A bill (H. R. 6037) to l'eg:u1ate the compensa- Buffalo, N. Y., for the erection of a new post-office building in that city·-

tion of watchmen in the Executive Departments of the Government-to to the Committee on Public Buildin<YS and Grounds. 

· the Committee on Labor. By Mr. GALLINGEl~: Petition of Hev. S. Bartlett and 13 others, 

~. 
766 CONGRESSIONAL~ RECORD-HOUSE. JANUARY 27, 

citizens of H.:'tnover, N. H., in favor of internat-ional copyright-to the 

Committee on Patents. 

By .l\Ir. GEST: Petition-.of 159 citizens of the Eleventh district of 

Ilfmois, for: prohibition in the District of Columbia-to the Select Committee on the Alcoholic Liquor Traffic. 

By Mr. GLASS: Papers in the claim of Willis Bennett, of S. W. 

Reiney and others, and of James L. Blackemore, of Gibson County, and of Mrs. Caroline E. White, of Shelby County, Tennessee- to the Committee on War Claims. 

By Mr. GREENMAN: Petition of 10 citizens of Rensselaer County, 

New York, in favor of international copyright law- to the Committee 

on: Patents . By Mr. GROUT: Paper& in ·support of Honse bill for the. relief of 

George W . Bolton, alias Charles \V. Andrews-to the Committee on 1\Iili tary Affairs. 

Also, petition of letter-carriers of Brattleborough, V t., for increase o±: compensation-to the Committee on the Post-Office and Post-Roads. 

By l\fr. HARMER: Petition of aeaf soldiers, sailors, and marines, 

of Indianapolis, Ind., for increase of pension- to the Committee on Invalid Pensions. 

By Mr. HEMPHILL: Petition of Walter H. Brooks and 128 others, 

citizens of the District of Columbia, for prohibition in the District of 

Columbia-to the Select Committee on the Alcoholic Liquor Traffic. 

By 1\Ir. HERMANN: Petition of the Board of Trade of Chicago, for 

retaliatory measures against France and Germany for the prohibition 

of the importation of American salted pork-to the Committee on Foreign Affairs. . By Mr. HOOKER: Petition of George W.. Cato, heir-at-law of Lewis 

Cato, deceased, of Jefferson County, Mississippi, for reference of his 

cbim to the Court of Claims- to the Committee on War Claims. By Mr. JACKSON: Petition of Miss Lizzie A. Gilkey and 44 others, 

citizens-of the Twenty-fourth district of Pennsylvania, against the admission of Utah as a State- to the Committee on the Territories. 

By l\fr. LEE: Petition for relief of Downham & Strauss- to the Com- mittee on Ways and Means. 

By 11fr. McCULLOGH: Remonstrance of citizens of the Twenty- first district of Pennsylvania., against the admission of Utah- to the 

Committee on the Territories. 

By Mr. MILLS: Memorial of Friendship Grange, Patrons of Hus- bandry, for relief- to the Committee on Agriculture. 

By l\fr. NEAL: Papers in the claim of Rebert Hoodenpyle; of S. E. 

Belcher; of James Fryor, and of Frederick Schneider, of Tennessee-. 

to the Committee on War Claims. 

By l\1r. O'DONNELL: Petition of 154 citizens of Barry, Branch, 

Calhoun, and Eaton Counties, Michigan, in favor of the act to prohibit 

the manufacture and sale of intoxicating liquoi'S in the District of Columbia- to the Select Committee on the Alcoholic Liquor Traffic. By Mr. O'FERRALL: Petition of Rebecca L. Boggs, formerly of Pendleton County, ·west Virginia, now of Frederick County, .Virginia, for 

reference of her claim to the Cofirt of Cla.ims-to the Committee on 

War Claims. 

By Mr. CHARLES O'NEILL: Petition of. Mrs. Laura Hooper Denby, 

for an increase of pension- to the Committee on Invalid Pensions. 

By Mr. OUTHWAITE: Petition of Henry Gerst and the faculty of 

Otterbein University, at Westerville, Ohio, in favor of an international copyright law- to the Committee on Patents. . Also, memorial of post-oftice .clerks of Col_umbus, Ohio-to the Committee on the Post-Office and Post-Roads. 

By M1:. PARKER: Petition of23 citizensofMassena, N. Y., in favor 

of prohibition in the District of Columbia:-to the Select Committee on the Alcoholic Liqu01: Traffic. 

By Mr. PEEL: Papers in the claim of John L. 1\Inrphy, of Robert 

Booth, jr., of Jonathan Elms, of Joseph G. Sutton, and of Mrs. Airu1Ilda 

Packard, of Arkansas- to the Committee on War CJaims. 

Also, petition of Amanda Packard, of \Vn.shington County, Arkansas, 

for reference of her claim to the Court of Claims-to the Committee on 

WaTClaims. 

By ltfr. REED: Petition of l\faria Smitll and others, of Maine, for 

prohibition in the District of Columbia--to the Select Committee on the 

Alcoholic Liquor Traffic. 

Also, petition of the president and faculty of Bowdoin College, in 

favor of international copyright- to the Committee on Patents. By 1\Ir. RICHARDSON: Petition of John T. Crockett, for reference 

of hi& claim to the Court· of-Claims- to the Committee on War Claims. 

By Mr. ROGERS: Petition of Missouri Hendricks, for the payment 

eflier war claim- to the Committee on War Claims. 

By Mr. SENEY: Memorial of Lake County (Ohio) Vetemns, for a 

service-pension bill-to the Committee on Invalid Pensions. 

By Mr. STAHLNECKER: Petition for removal of charge of desertion from the record of Abel E. H. :Merrell, Company F, Eleventh New 

York Cavalry, and of Aug. A. Langenbahn, Company I, Seventy-ninth 

New York Volunteers- to the Committee on Military Affairs. By Mr. STEELE: Petition of 134 citizens of the Eleventh district of 

Indiana, for prohibition in the District of Columbia- to the Select 

Committee on the Alcoholic Liquor Traffic. By Mr. CHARLES STEW ART: Petition of sundry citizens of Brazos 

County, Texas, in favor of international copyright-to the Committee 

on Patents. By Mr. J . D. STEWART· Petition of Lemuell\f. Murphy, Thomas 

Mitchell, and A. P . Wells, of Clayton County; of F . M. Winn and 

Henry Cooper, of Douglas County; ofL. J . Riser and John W. Smith, 

of Campbell County, and also James J . Cowan, of DeKalb County, 

Georgia, for reference.of their claims to the Court of Claims- to the 

Committee on War Claims. By 1\I.r; STONE, of Kentncky : Petition of citizens of Smithland, Ky., and vicinity, for an appropriation to remove obstructions from the 

mouth of said river- to the Committee on Rivers and Harbors. 

Also, petition of Thomas P . Bell, for reimbursement of certain moneys 

paid out by him- to the Committee on Accounts. By Mr. WHEELER: Petition of John Lawler, of Madison County, 

Alabama, for reference of his claim to the Court of Claims-to the 

Committee on War Claims. 

By Mr. WHITTHORNE: Petition of the elders of the. Cumberland 

Presbyterians, of Pulaski, Tenn., for property taken :md used by the 

United States Army-to the Committee on. War Claims. 

Also, petition of James- F. Davidson, of Maury County, Tennessee, for reference of his claim to the Court of Claims- to the Committee on 

War Claims. By Mr. YARDLEY: l?etition of 112 citizens of the Seventh district 

of Pennsylvania~ for-a bw prohibiting the manufacture, sale, and importation of all alcoholic beverages in the District of C:0lumbin.-to the 

Select Committee on the Alcoholic Liquor Traffic. 

The following petitions for an increase of compensation of fourth- class postmasters were severally referred to the Committee on the PostOffice and Post-Roads: By Mr. C. R. BRECKINRIDGE: Of citizens ofl\1oreland, andFree- man, and Hanks, and Obin, ancl Enders, and Shiloh, and Rushing, and 

.Laurel, and Cherry Grove, and Santos, and Bee Branch, and St. James, 

and also Stevens Creek, in the State of Arkansas. 

By Mr . • J. R. BROWN: OfT. J. Reynolds and others, citizensofViola, 

Pittsylvania County, and John Philips and others, of Burcham, Carroll 

County, Virginia. 

By l\fr. COWLES: Of citizens of Valle Cruces, Watauga. County; 

and Boomer, county- of Wilkes; and Austin, county of Wilkes; .and 

Buscham, county of Wilkes; and Little River, Alexander County, 

and also of Watauga County, State of North Carolina. By Mr. ENLOE: Of A. G. Hill and 13 others, of Grovewood, Ca.rroll County, Tennessee. By ltfr. GROSVENOR: Of Peter Yost aud 45 others, of Centre.View, 

and of J . l\f. Curdy and 44 others, of Laing's, Monroe County, Ohio. 

By Mr. ROGERS: Of citizens of Black-Fork, Scott County, Arkansas. 

By 1\Ir. WHEELER: Petition of John Sayre and 28 others, of Alabama. 

By Mr. YARDLEY: OfW. B. Hendricks and' others, of Creamery, 

Montgomery County, Pennsylvania. 

By Mr. YOST: Of citizens of New Hope, Augusta County, and of 

Wildway, Appomattox County, VIrginia. 

HOUSE OF REPRESENTATnTES. 

FRIDAY, January 21, 1888. 

The House met at 12 o'clock m. P~n,yer by the Chaplain, Rev. W. 

H . MILBURN, D. D. The Journa.l of yesterday's proceedings was read and approved. 

PROTECTION OF FORESTS, 

M:r. WHITE, of New York, by unanimous consent, introdn.ced a bill 

(H. R. 6045) for the protection and administration of the forests on the 

public domain; which was read a first a.nd second time, referred to the 

Committee on the Public Lands, and ordered to be printed. 

DEFICIENCY ESTIMATES. 

The SPEAKER pro tempore laid before the House a letter from the 

Secretary of the Treasury, transmitting deficiency estimates from the 

Secretary of War for appropriations for contingent expenses of War Department and salaries .Jn Surgeon-General's Office; also amendetl.esti- mates for salaries of firemen in Surgeon-General's Office; which was re--

ferred to the Committee on AppropTiations, and ordered to be printed. 

WILLIAM H . QUIN:N VS. THE UNITED STATES. 

The SPEAKER pro tempore also laid before the House a letter from 

the assistant clerk of the Court of Claims, transmitting a copy of the 

findings of fact in the case of William H . Qhinn against ·the United 

States; which was referred to tbe Committee on Claims. 

MARY J . DOOLEY VS. THE UNITED STATES. 

The SPEAKER pro tempore also laid before the House a letter from 

the assistant clerk of the Court of Claims, transmitting a copy of the 

findings of fact in the case of Mary J. Dooley against the United 

States; which was referred to the Committee on Claims.