400 CONGRESSIONAL RECORD-SENATE. JANUARY 5, 

SENATE. 

TUESDAY, January 5, 1886. 

Prayer by the Chaplain, Rev. E. D. H UNTLEY, D. D. 

The .Journal of the proceedings of Monday, December 21, 1885, was read and approved. 

EXECUTIVE COMMUNICATIONS. 

The PRESIDENT pro tempore laid before the Senate a communication 

from the Secretary of War, transmitting, in compliance with section 

1136 of the Revised Statutes, plans and estimates for the erection of a building at Willets Point, New York, for the use of the engineer battalion; 

which, with the accompanying papers, was referred to the Committee on Appropriations. 

He also laid before the Senate a communication from the Secretary 

of the Navy, trailsmitting, in response to a resolution of December 21, 

lsffi>, certain information regarding an inventory of stores at the navyyards; which, with the :wcompauying papers, was, on motion of .Mr. 

HALE, referred to the Committee on Naval Affairs, and ordered to be 

printed. CREDENTIALS. 

The PRESIDENT pro tempore presented the credentials of John-W. 

Daniel, chosen by the Legislature of Virginia a Senator from that State 

for the term beginning March 4, 1887; which were read and ordered 

to be filed. DEATH OF GENERAL M1

CLELLAN. 

The PRESIDENT pro tempore. · The Chair presents a communication from W. B. Franklin, president of the National Home for Disabled 

Volunteer Soldiers, Hartford, Conn., notifying the Senateofthe death 

of General George B. McClellan, which event caused a vacancy in the 

board of managers of that institution. . 

Mr. EDMUNDS. I move that the communication be referred to the 

Committee on Mi1itary Affairs. 

The motion was agreed to. 

FETITIONS AND MEXORI.A.LS. 

The PRESIDENT pro tempore preSented the petition of Robert Noble, 

late of Company A, Nineteenth Regiment of Maine Volunteers, praying to be allowed a pension; which was referred to the Committ-ee on Pensions. · 

He also presented the petition of Jeel M. Sngg, of Hobart, Logan 

County, Arkansas, praying for a modification of the laws relating to 

military bounties; which was referred to the Committee on Military 

Affairs. 

He also presented a petition of the :M:ahoning Valley (Ohio) WoolGrowers' Association, praying for an increase of duty on wool; which was referred to the Committee on Finance. 

He also presented the petition of Sarah A. Kelley, of Honesdale, 

Wayne County, Pennsylvania, widow of Horace Jackson Kelley, late 

of Company E, One hundred and seventy-seventh Pennsylvania Regiment, praying to be allowed a pension; which was referred to the Committee on Pensions. 

Mr. CALL presented a petition of merchants of New York city, and a petition of cigar manufacturers of Tampa, Fla., praying that the town 

of Tampa may ~e made a port of entry; which was referred to the Committee on Commerce. Mr. McPHERSON.· I present a resolution adopted by the Burlington County Board of Agriculture, of New Jersey, calling attention to 

the m~ge of the Pre.<iiiden t wherein he refers to the restrictions upon 

the importation of our pork into France and other comitries, and favoring legislation by Congress in order to have such restrictions removed. 

I move that the resol ution be referred to the Committee on Agricult- ure and Forestry . . The motion was agreed to. 

Mr. :McPHERSON presented a resolution adopted by the Burlington 

Conn ty Board of Agricnl ture, of New Jersey, favoring-such legislation as will elevate the office of Commissioner of Agriculture to the dignity 

of a Cabinet position; which was referred to the Committee on Agriculture and Forestry. . He also res~nt d a resolution adopted by the_ Burlington County 

Board of Agriculture, of New Jersey, favoring the ~actment of such 

laws as will prevent the transmL~ion of such contagious diseases as. pleuro-pneumonia among cattle, &c. ; which was referred to the Committee on Epidemic Diseases. 

M:r. INGALLS. I present a petition numerously signed by citizens 

of the city of Washington, praying for the passage of a bill extending the 

route of the Capitol, North 0 Street and South Washington Railway 

Company. The petition is accompanied with certain papers,-and I move that they, together with the petition, be referred to the Committee on the District of Columbia. 

The motion was agreed to. 

Mr. IIALE presen,ted the memorial ofN. H. Powers, Ambrose White, 

and others, citizens of Marne, remonstrating against any legislation. 

providing for the free admission of the products of British or Dominion 

tisheries; which was referred to the Committee on Finance. 

~fr. VEST presented the petition ofL. L. UcCormick and oilier citi- zens of Jasper County, Missouri, praying for such legislation as will 

place the coinage of silver on an equality with the coinage of gold; 

which was referred to the Committee on Finance. · :Mr. DOLPH presented a memorial of the Legislative Assembly o! 

Oregon, praying that an appropriation be made for agricUltural experiments in connection with agricultural colleges; which was referred to 

the Committee on Agriculture and Forestry. 

Mr. MILLER, of New York, presented a. petition of Olcott Post, No. 

522, Grand Army of the R-epublic, Milford, N. Y., praying for the re- peal of certain pension laws; which was referred to the Committee on Pensions; 

11ir. WILSON, of Iowa, presented the petition of J. H. Peterson and 

127 other citizens of Iowa; the petition of John Watts and 141 other 

citizens of Iowa; and the petition of J. A. Smith and 171 other citizens 

of Iowa, praying for the passage ·or an act of absolute forfeiture of the 

unearned lands within the limits of the grant to the Sioux City and 

S..1.int Paul Railroad Company; which were referred to the Committee on Public Lande;. 

Mr. LOGAN presented a petition of ex-Union soldiers of Lanoke, 

Ark., praying for the enactment of a law granting the amount of bounties to commissioned officers which was refunded on account of receiving such commission; which was referred to the Committeeon :Military 

Affairs. 

He also presented a petition of ex-Union soldiers, praying for the re- peal of the limitation act regarding pensions; which was referred to the 

Committee on Pensions. • 

He also presented the petition of citizens of Plattsburg, N. Y., 

praying that a pension be granted Patrick A. Callanan; _late a private 

in the First Regiment Massachusetts Heavy Artillery; which was re- ferred to the Committee on Pensions. 

He also presented the petition of William B. Cloney,- late gunner's 

mate in the United States Navy, praying to be allowed an increase of 

pension; which was referred to the Committee on Pensions. 

He also presented a petition of citizens of Clark County, Illinois, 

praying for the passage of a bill to pension all surviving prisoners of war of the late rebellion; which was referred to the Committee on Pensions. 

Mr. COCKRELL. I present a brief prepared by an attorney in support of _the bill (S. 292) for the relief of the heirs of colored ·soldiers 

who served in the war of the rebellicm. I move that the brief be re- ferred to the Committee on -Military Affairs for consideration in con- nection with the bill. 

The motion was agreed to. 

Mr. HOAR presented additional papers to accompany the petition of 

Elizabeth O'Calla-ghan, of Boston, :Mass., praying legislation in relation 

to certain bOoks lost by her in the mails; which were referred to the 

Committee on Post-Offices and Post-Roads. 

He also presented the petition of Henry Mealsman, late private in 

Company I, Tenth Regiment United States Infantry, praying that his 

pension be rated at $24 per month ·from November, 1880, to August 7, 

1884; which was referred fu the Committee on Pensions. 

WYOMING TERRITORIAL LEGISLATIVE ASSEl!BL Y. 

Mr. HARRISON. I am direeted by the Committee on Territories, 

to whom was referred the bill (S. 602) to legalize the election of the 

Territorial Legislative Assembly of Wyoming, to report it favorably, 

without amendm~nt; ,and I ask for the present considerati~n of the 

bill, if the Senate will indulge me for a moment. 

The PRESIDENT pro tempore. Th~ Senator from Indiana asks the 

unanimous consent of the Senate to proceed with the consideration of 

the bill at this time. Is there objection to the present consideration of 

the bill? -

Mr. EDMUNDS. I reserve the right to object if the bill takes much 

time, because I wish to get up the Utah bill. I have no objection to 

this bei.Iig considered if it takes no time. 

Mr. COCKRELL. Let the bill be read for information. 

'rhe PRESIDENT pro tempore. The bill will be read. . The Chief Clerk read the bill; and, by unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider it. 

Mr. HARRISON. I do not desire to detain the Senate. I shall 

briefly state the history of this matter. 

In 1880 Congress passed an act providing for an apportionment for 

legislative purposes in Montana, Idaho, and Wyoming, the apportionment to be made by the governor and some other of the Territorial 

officers designated. That apportionment was made in Wyoming, and 

the Seventh Legislative Assembly met under that apportionment and 

passed an apportionment bill, which was _limited in its effects to the 

Eighth Legislative Assembly, which succeeded. Now, the Ninth Legislative Assembly has been elected upon that apporpon~ent without any 

contest or objection in the Territory and is about to assemble. The 

question has been raised before the Auditor of the Treasury whether, 

in the absence of an apportionment act by the Legislative Assembly, · he can recognize and pay the expenses of the Legislative Assembly 

which convenes in a few -days-I think on the 9th of this month. · Under these circumstan~ there is nothing to do but to appeal to 
1886. CONGRESSIONAL RECORD-SENATE. 401 

Congres8 to legalize the apportionment. I understand there is no objection to the measure m any way. It is necessary in order that the 

Legislature may assemble under the forms of law and that the moneys 

appropriated may be expended to defray their expenses. 

Mr. PLATT (by request) introduced a bill (S. 821) for the relief of 

James M. Willbur; which was read twice by its title, and referred to 

the Committee on Claims. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third readmg, read the third time, and p!lSSed. 

Mr. CULLOM introduced a bill (S. 822) authorizing the Secretary of 

the Interior to pay the pension allowed to Nancy Titus, deceased, 

mother of Josiah C. Titus, late first lieutenant of Company D, Sixtysecond Regiment Illinois Volunteers, to George Titus, the dependent 

BILLS INTRODUCED. father of said soldier; which was read twice by its title, and, with the 

Mr. PLUMB (by request) introduced a bill (S. 800) to authorize Dr. accompanying p::1pers, referred to the Committee on Pensions. 

C. E. Price, assistant surgeon United States Army, to receive pay fo;r He also introduced a bill (S. 8'23) granting a pension to Capt. Elihu 

dischargingthe duties of physician to the Hoopa Valley Indian reserva- Jones; which was read twice by its title, and referred to the Commibtion, such services having beeR performed at the request.ofthe proper tee on Pensions. 

officers of the Interior Department; which was read twice by its title, He also introduced a bill (S. 824) granting a pension to Mrs. Ida 

and 1·eferred to the Committee on Military Affairs. Davenport; which was read twice byitstitle, and referred t~ the ComHe also (by request) introduced a bill (S. 801) to pay the Delaware mittee on Pensions. 

Indians the amount ascertained to be due them for the value of their He also introduced a bill (S. 825) granting an increase of pension to 

lands taken for the right of way over their allotted lands by the Leaven- Mohammed Kahn, otherwise John Ammahoe; which was read twice by 

worth, Pawnee and Western Railroad Company, or their successors, its title, and referred to the Committee on Pensions. 

in the State of Kansas, under the provisions of the treaty of May 30, He also introduced a bill (S. 826) granting a pension to Charles W. 

1860; which was read twice by its title, and referred to the Committee Beeman; which was read twice by its title, and referred to the Commit- on Indian Affairs. tee on Pensions. He also (by request) introduced a bill (S. 802) to pay the Delaware He also introduced a bill (S. 827) granting a pension to George Clark; 

Indians the amounts ascertained to be due them for stock under the pro- which was read twice by its title, and referred to the Committee on Penvisions of the fourteenth article of the treaty of July 4, 1866; which was sions. 

read twice by its title, .and referred to the Committee on Indian Affairs. He also introduced a bill (S. 828) for the relief of A. P. CunningHe also (by request) introduced a bill (S. 803) granting increase of ham; which was read twice by its title, and, with the accompanying 

pension to James D. Verney, late of the Eleventh Regiment Illinois papers, referred to the Committee on Military Affairs. 

Volunteer Infantry; which was read twice by its title, and referred to He also introduced a bill (S. 829) to facilitate promotions throughout 

the Committee on Pensions. the Army by retiring from aotive service upon their own application 

He also (by request) introduced a bill (S. 804) to grant to the Kansas officers of the Army who served in the war of the rebellion; which was 

City, Fort Scott and Gulf Railway Company a right of way through the read twice by its title. 

Indian Territory, and for other purpos~; which was read twice by its Mr. CULLOM. I may be allowed to state that I am inclined to 

title, and referred to the Committee on Indian Affairs. think a bill similar to this has been introduced in the Senate before; 

Mr. SEWELL introduced a bill (S. 805) for the relief of the Inter- but as it is accompanied by the petition of a large number of officers of 

national Navigation Company; which was read twice by its title, and the Army praying for its passage, I introduce the bill and move that it 

referred to the Committee on Commerce. be referred, with the accompanying petition, to the Committee on MiliHe also introduced a bill (S. 806) granting a pension to Mary•B. t..1.ry Affairs. 

Holmes; which was read twice by its title, and referred to the Com- The motion was agreed to. . mittee oh Pensions. Mr. HALE introduced a bill (S. 830) for the retirement of certain 

Mr. MORRILL (byrequest)introduceda bill (S. 807) for the relief of officers of the Navy of the United States; which was read twice by its 

Frank A. Page; whjch was read twice by its title, and referred to the title, and referred to the Committee on Naval Affairs. 

Committee on Military Affairs. Mr. COKE introduced a bill (S. 831) fortherelief of GeorgeS. Storrs, 

Mr. BLAIR introduced a bill (S. 808) granting a pension to -Joseph of Texas; which was read twice by its title, and, with the accompanyMcGnckian; which was read twice by its title, and reierred to the Com- ing paper, referred to the Committee on the Judiciary. 

mittee on Pensions. Mr. JACKSON introuuced a bill (S. 832) to define and regulate the 

He also introduced a bill(S. 809) grantinga pension to Richard Rig- · iurisdiction of the courts of the United States; which was read twice. gJes; which was read twice by its title, and, with the accompanying by its title, and referred to the Committee on the Judiciary. 

papers, referred to the Committee on Pensions. Mr. MILLER, of New York, introduced a bill (S. 833) to increase 

He also introduced a bill (S. 810) granting a pension to Charles J. the pension for loss of both arms, or both legs, or the sight of both 

Esty; which was read twice by its title, and, with the accompanying eyes, or other injuries resulting in total helples..'mess; which was read 

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

He also introduced a bill (S. 811) granting a pension to Mrs. Susan He also (by request) introduced a bill (S. 834) for the relief of WillGilman, widow of Pliny R. Gilman; which was read twice byits title, iam Henry Brown; which was read twice by its title, and referred to 

and, with accompanying papers, referred to the Committee on Pensions. the Committee on Post-Offices and Post-Roads. 

He also introduced n. bill (S. 812) granting a pension to Mrs. E. A. He also (by request) introduced a bill (S. 835) for the relief of the 

Benham; which was read twice by its title, and, with the accompany- Continent..'l.l Fire Insurance Company, the Eagle Fire Insurance Coming papers, referred to the Committee on Pensions. pany, the City Fire Insurance Company, and the Commercial Mutual 

He also introduced a bill (S. 813) granting a pension to Miss Rebecca Insurance Company, all of New York city; theW estern National Bank, 

Miller, daughter of General James Miller, of the war of 1812; which the Merchants' National Bank, and the Maryland Fire Insurance Com- was read twice by its title, and, with the accompanying papers, referred puny, of Baltimore, Md.; which was read twice by its titie, andreto the Committee on Pensions. ferred. to the Committee on Finance. 

He also introduced a bill (S. 814) granting a pension to Mrs. Adaline lie also (by request) introduced a bill (S. 836) for the relief of Will- • 

M. Putnam; which was read twice by its title, and, with, the accom- , iam M. Shimmins and George H. McPherson; which was read twice by 

panying papers, referred to the Committee on Pensions. its title. and referred to the Committee on Claims. He also introduced a bill (S. 815) regulating the appointment of as- Mr. CAMDEN introduced a bill (S. 8~7) for the relief of Catharine 

sistant naval constructors; which was read twice by its title, andre- E. Lurty; which was read twice by its title, and, with the accompanyferred to the Committee on Naval Affairs. ing paper, referred to the Committee on Claims. 

He also introduced a bill (S. 816) to give the right of trial by jury He also introduced a bill (S. 838) granting an increase of pension to 

to claimants of pensions under the laws of the United States whose ap- General B. F. Kelly; which was read twice by its title, and referred to 

plications have been rejected by the Secretary of the Interior on appeal the Committee on Pensions. 

from the decision of the Commissioner of Pensions; which was read Mr. VANCE. I introduce a bill, which I ask to have committed to the 

twice by its title, and referred to the Committee on Pensions. tender mercies of the Committee on Civil Service and ReLienchment. 

He also introduced a bill (S. 817) to provide for the erection of a mon- The bill (S. 839) to repeal chapter 27 of acts of 1883 relating to civil 

ument to the memory of Abraham Lincoln; which was read twice by scn:ice, was read twice by its title, and referred to the Committee on its title, and referred to the Committee on the Library. Civil Service and Retrenchment. 

He also introduced a bill (S. 818) t~ provide for the erection of a mon- .Mr. MAXEY introduced a bill (S. 840) for the relief of H. J. T. 

ument to the-memory of Ulysses S. Grant; which was read twice by its Moss; which was read twice by its title, and, with the accompanying 

title, and referred to the Committee on the Library. paper, referred to the Committee on Claims. 

Mr. PIKE introduced a bill (S. 819) for the relief of Rachael J. Mr. LOGAN introduced a. bill (S. 841) conferring military rank on Floyd; which was read twice by its title, and referred to the Commit- telegraph operators in the military service; which was read twice by its 

tee on Pensions. title, and refened to the Committee on l\Iilitmy Affairs. 

Mr. WILSON, of Iowa(by request), introduced a bill (S. 820) for the He also introduced a bill (S. 842) providing for the a{ljustment of 

relief of the legal representatives of Chauncey M. Lockwood; which acc~mnts of laborers, workmen, and mechanics arising under the eightwas read twice by its title, and referred to the Committee on Post- hour law; which was read twice by its title, and, with the accompanyOffices and Post-Roads. ing papers, referred to the Committee on Education and Labor. 

XVII- 26 
402 CONGRESSIONAL RECORD-SENATE. JANUARY 5, 

He also introduced a bill (S. 843) granting a pension to Elise Burki; 

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

He also introduced a bill (S. 844) creating a commi..s.::.--ion whose duty 

it shall be to inquire into and report upon the material, industrial, and 

intellectual progress made by the colored people of this country since 

1865, and making appropriations for the same; which was read twice 

by its title, and referred to the Committee on Education and Labor. 

He also introduced a bill (S. 845) for the relief of telegraph opemtors 

during the war; which was read twice by its title, and referred to the 

Committee on Iilitary Affairs. 

Mr. INGALLS introduced a .bill (S. 846) to establish a national university; which was read the first time by its title. 

Mr. INGALLS. I ask that the bill may lie on the t ble and be 

printed. I shall take occasion, subsequently, to submit some observation on the bill, :md shall then ask its reference to the Committee on Education and Labor. 

The PRESIDENT pro tempore. The bill will lie on the table for the 

present. 

Mr. INGALLS introduced a bill (S. 847) to divide the State of 

Kansas into two judicial districts, fixing terms of court, and for the 

appointment of judges and other officers therein; which was read twice 

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

He also introduced a bill (S. 848) to amend the law in the District of 

Columbia in respect of the devise of real estate; which was read twice 

by its title, and referred to the Committee on the District of Columbia .. 

He also introduced a bill (S. 849) to authorize the Rio Grande, Mexico and Pacific Railroad Company to purchlise ten acres of land on the 

Fort Cummings military reservation in New Mexico; which was read 

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

He also introduced a bill (S. 850) for the relief of Thomas f. Hachett; 

which was read twi.ce by its title, and, with the accompanying papers, 

referrecl to the Committee on Claims. 

Heal o (by request) introduced a bill (S. 851) to amend the charter 

of the ,[etropolitan Railroad Company; which was read twice by its 

title, aml referred to the Committee on the District of Columbia; 

lie als (by request) introduced a bill (S. 852) to provide for eight 

magistrates for the District of Columbia, who shall have civil and criminal jurisdiction as herein provided; to define the jurisdiction, powers, 

and functions of said magistrates; and t.o abolish the police court and 

office of jrutice of the peace in and for said District; which was read 

twice by its title, and, with the accompanying papers, referred to the 

Committee on the District of Columbia. 

He also introduced a bill (S. 853) granting a pension to Reuben 

Crowday; which was read twice by its title, and referred to the ComlDittee on Pensions. 

He also introduced a bill (S. 854) granting a pension to Frederick 

Bottjer; which was read twice by its title, and referred to' the Committee on Pensions. 

He also (by 1·equest) introduced a. bill (S. 855) for the relief of David 

Armstrong; which wasread twice by its title, and referred to the Committee on Claims. 

Mr. PAYNE introduced a bill (S. 856) to provide for the erection of a public building in the city of Dayton, Ohio; which was read twice 

by its title, and referred to the Committee on Pnblic Buildings and 

Grounds. 

Mr. HARRISON introduced a bill (S. 857) granting a pension to 

Dudley B. Branch; which was read twice by its title, and, with the 

accompanying paper, referred to the Committee on Pensions. 

He also mtroduced a bill (S. 858) granting a pension to Sampson S. 

Skirvin; which was read twice by its title, and, with the accompanying 

paper, referred to the Committee on Pensions. • He also introduced a · bill (S. 859) granting a pension to Charlotte 

O'Neal; which was read twice by its title, and, with the accompanying 

papers, referred to the Committee on Pensions. 

He also introduced a. bill (S. 86Q) granting an increase of pension to 

John N. Runyan; which was read twice by its title, and referred to the 

Committee on Pensions. 

He also introduced a. bill (S. 861) granting a pension to John B. 

Skaggs; which was rea.d twice by its title, and, with the accompanying 

paper, referred to the Committee on Pensions. 

He also introduced a bill (S. 862) granting a pension to Matilda. Ann 

Wiley; which was read twice by its title, and referred to the Committee on Pensions. · He also introduced a bill (S. 863) to set apart a certain tract of land 

lying on the Colorado River of theW est, in the Territory of Arizona, as a public park; which was read twice by its title, and referred to the 

Committee on Public Lands. 

. Mr. DOLPH introduced a bill (S. 864) to grant a pension to Mrs. 

Martha F. Woodrum; which was read twice by its title, and, with the 

accompanying papers, referred to the Committee on Pensions. 

lie also introduced a bill (S. 865) for the relief of 111rs. Sarah E. Willard; which was read twice by its title, and, with the accompanying 

papers, referred to the Committee on Indian Affairs. 

He also introduced a bill (S. 866) to pay the citizens of Oregon for 

supplies-audited by Philo Callender; which was read twice by its title, 

and, with the accompanying papers, referred to the Committee on Indian Affairs. 

He also introduced a bill (S. 867) to amend section 714 of the Revised Statues; which was read twice by its title, and referred to the Committee on the Judiciary. 

Ur. JONES, of Arkansas (by request), introduced a bill (S. 8G8) to 

provide for two additional associate justices of the supreme court of 

Dakota, and for other purposes; which was read twice by its title, and 

referred to the Committee on the Judiciary. 

He also introduced a bill (S. 869) to provide for the bringing of suits 

by citizens of the United States against the Government thereof in certain cas j which was read twice by its title. 

Mr. JONES, of Arkansas. The bill relates to a matter in which the 

Committee on Claims is peculiarly interested, and I should be glad to 

have that committee pass on the bill first, and then, if it is deemed 

proper to have it consideredbytheCommitteeon the Judiciary, arefer- ence to that committee may be made. 

The PRE IDENT pro tempare. The bill will be referred to t~e 

Committee on Claim , if there be no o~jection. 

~Ir. CALL introdu.ced a bill (S. 870) to provide the t where any railroad property is taken into the possession of any United States court, 

and the :1id railroad hall not have been completed, the net earnings 

of said railroad shall be applied to the completion of the same; hich 

wasre::td twicebyitstitle, and referred totheCommitteeon theJu.diciary. 

He also introdu.ced a bill (S. 871) for the forfeiture of the land granted 

to the State of Florida for the cOnstruction of certain lines of railroad 

in that State; which was read twice by its, title and referred to the 

Committee on Public Lands. ., 

He also introduced a bill (S. 872) authorizing the Secretary of War 

to purchasealotin the cityof Jacksonville, Fla., for militarypurposes; 

which was· read twice By its title, and referred to the Oommittee on 

Military Affairs. 

He also introduced a bill ( . '873) for. the retirement of judges of the 

district or circuit courts of the United States on11.ccount ofdis..1.bility; 

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

Judiciary. 

He also introdu.ced a bill (S. 874) for the establishment of a seacoa.st 

telegraph line to Jupiter InJet, Florida, and a signa.l station; which was read twice by its title, and referred to the Committee on Commerce. 

He also introdu.ced a bill (S. 875) for the relief of the heirs of John 

S. Sammis, of Florida; which wasread twice by its title, nd referred 

to the Committee on Claims. · He also introduced a bill (S. 876) to require the claims of the subjects of Spain and the citizens of the United Startes arising under the 

treaty of 1819 to be submitted to "'Orne foreign government, and that 

the President of the United States be authorized, with the consent of 

the King of Spain, to select such umpire; which was read twice by its 

title, and referred to the Committee on Foreign Relations. 

Mr. BROWN introduced a bill (S. 877) for the relief of Robert H. 

Anderson, of the State of Georgia; which was read twice by its title. 

Mr. BROWN. The bill is intended to remove the politi l disabilities of General Anderson. I have here his petition, which I desire to 

present also, and .move that it be referred, with the bill, to the Committee on the Judiciary. 

The motion was agreed to. . Mr. MA.NDERSO~ introduced a bill (S. 878) to amend the act en- titled "An act to authorize a retired-list for privates and non- commissioned officers of-the United States Army who have served for a period 

of thirty years or upward," approved February 14, 1885; which was read twice by its title, and referred to the Committee on Military Affairs. 

He also (by request) introduced a bill (S. 879) for the relief of A.. G. 

Shaw; which was read twice by its title, and referred to the Committee 

on Claims. 

111r. MITCHELL, of Pennsylvania, introduced a bill (S. 880) grunting the right of way to the Schuylkill River East Side Railroad Com- pany through the arsenal and 11aval asylum grounds at Philadelphia; 

which was read twice by its title, and, with the accompanying papers, 

referred to the Committee on Military Affairs. 

He also introduced a bill (S. 881) for the Felief of Abram G. Hoyt; 

which was read twice by its title, and referred to the Committee tm 

Claims. ~e also introduced a bill (S. 882) to equalize the pay of grad nates of 

the Naval Academy; which was read twice by its title, aud, with the 

accompanying papers, referred to the Committee on Naval A.ftairs. 

Mr. TELLER introduced a bill (S. 883) to provide for the compu1-

sory education of Indian children; which was read twice by its title, 

and referred to the Committee on Indian A.ffaira. 

He also introduced a bill (S. 1) to enable the State of Colomdo to 

take lands in lien of the sixteenth and thirty-sixth sections within Indian reservations; which was read twice by its title, and referred to 

the Committee on Public Lands. He also introduced a bill (S. 8$5) to relieve the State of Colorado 

from charges on a-ccount of ordnance stores furnished the State and Territory; which was read twice by its title, and referred to the Committee 

on 1rlilitary Affairs. 
1886. CONGRESSIONAL RECORD-SENATE. 403 

Mr. MORGAN introduced a bill (S. 886) to substitute silver dollars, 

in part, in the place of gold coin and currency, in several reserved funds 

held in the Treasury; which was read twice by its title, and r.eferred to 

the Committee on Finance. 

He also (by request) introduced a bill (S. 887) for the relief of William H. Whiteside & Co., of Camden, Ark., or their assignees; which 

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

Mr. VEST introuuceda bill (S. 888) for the relief of :Martin E. Smith; 

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

Claims. . ' 

~1r. GEORGE introduced a bill (S. 889) for the relief of the Protestant OrphanAsylnm of Natchez, in the State of Mississippi_; which was 

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

He also introd~ced a. bill (S. 890) to enlarge the powers and duties of 

the Department of Agriculture; whieh was read twice by its title, and 

referred to the Committee on Agriculture and: Forestry. 

Mr. COCKRELL introduced n, bill (S. 891) granting a pension to 

Geriah Collins; which was read twice byits..title, and referred to the 

Committee on Pensions. 

He also introduced a bill (S. 892) granting a. pension to David McKinney; which was read twice by its title, and referred to the Committee on Pensions. 

He also introduced a bill (S. 893) granting a pension to John T. Pennington; which was read twice by its title, and referred to the Committee on Pensions. 

Mr. HOAR introduced a bill (S. 894) for the relief of Nathaniel McKay, George M. Clapp, George W. Lawrence, Snowden & Mason, and 

the executors of Donald McKay, the Atlantic Works, Jeremiah Simeson, Curtis & Tilden; which was read twice by its title, and referred 

to the Committee on Claims. • 

!1r. SHERMAN introduced a bill (S. 895) granting a. pension to 

Rachel Fleming Cellar; which was read twice by its title, and referred 

to the Committee on Pensions. 

He also introduced a bill (S. 896) granting a pension to Joseph A. 

Martin; which was read twtce by its title, and, with the accompanying papers, referred to the Committee on Pensions. 

He also introduced a bill (S. 897) for the relief of John Kouns; which 

was read twice by its title, and, with the accompanying papers, referred 

to the Committee on Claims. 

He also introduced a bill (S. 898} granting a. pension to William A. 

Pen:fie1d; which was read twice by its title, and referred to the Committee on Pensions. 

Mr. COCKRELL introduced a. bill (S. 899) granting a pension to 

Thomas G. Newman; which was read twice by its title, and referred 

to the Committee on Pensions. 

He also introduced a bill (S. 900) granting a. pension to William R. 

Blevins; which was read twice by its title, and referred to the Committee on Pensions. 

Mr. DOLPH introduced a bill (S. 901) to grant the Astoria. and Win- nemucca. Railroad Company the right to construct bridges over navigable water courses; which was read twice by its title, and referred to 

the Committee on Commerce. 

He also introduced a. bill (S. 902) confirming to W. S. Byers & Co. 

the right to take and use water from the Umatilla River, on the Umatilla reservation, in the State of Oregon, for manufacturing purposes; 

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

Commerce. 

1\Ir. VANCE introduced a joint resolution (S. R. 19) directing copies 

of the official letter-books of the executive department of the State of 

North Carolina to be furnished tosaidSta.te; which was read twice by 

its title, and referred to the Committee on Military Affairs. 

1\Ir. HARRISON introduced a. joint 'resolution (S. R. 20) authorizing 

the preparation of a compilation of the reports of committees of the 

Senate and House of Representatives; which was read twice by its title, 

and referred to the Committee on Printing. 

1\Ir. HOAR (by request).introduced a joint resolution (S. R. 21) debing the status of medical officers in the Army of volunteer serrice; 

which was :read twice by its title, and, with the nccompanying papers, 

referred to the Committee on Military Affairs. 

Mr. CALL introduced a. joint resolution (S. R. 22) authorizing the 

Postmaster-General to pay increase in salaries of postal cle1·ks of rail way 

mail service, classes 4 and 5; which was read twice by its title, and re- ferred to the Committee on Post-Offices and Post-Roads. 

the files of the Senate and referred t-o the Committee on Claims, there being no adverse report. 

On motion of 1\1r. MORRILL, it was 

Ot·dered, That the pa.pers in the case of Frank A. Page be withdrawn from the 

files and referred to the Committee on Milita.ry Affu.ira. 

On motion of 111r. GEORGE, it was 

Orde1·ed, That the papers pertaining to the claim of the Protestant Orphan Asylum of Natchez, Miss., be taken from the files and referred to the Committee on Cla.im.s, there having been no adverse report thereupon. 

On motion oflli. PIKE, it was 

Ordered, That the pap~rs now on file in the claim of the Greensburg Limesto:l6 

Company, W. ,V. Lowe & Co., and John L. Scanlon be taken therefrom andreferred to the Committee on Claims, there being no adverse report. 

SPANISH CLAIMS UNDER FLORIDA TREATY. 

M:r. CA.LL submitted the following resolution; which was ordered to 

lie on the table and be printed: 

Resolved by Lhe 8enate, That the Pr~ident oft he United States be, and is hereby, requested to submit the demands of the Spanish Go·vernment for carrying into 

effect the treaty ofl819 for the cession of Florida. and t!Je payment of claims arising under said treaty to the arbitration of some foreign government, to be se- lected by him, as umpire between Spain ::md the United States; and that the 

payment of said claims be referred to the decisjon of said umpire who shall be 

chosen with the consent of the Government of Spain. 

TIIE COLUMBIA RIVER. 

11Ir. UITCHELL, of Oregon, submitted the following resolution; 

which was considered by unanimous consent, and agr_eed to: 

Whereas the Columbia River is, with the exception of obstructions n.t the Cas- 'ca.aes, distant from its mouth 16:> miles, for a. distance of about 5 miles, and further obstructions at The Dalles, distant from its mouth 220 miles, for a. still 

greater distance, navigable for large-draft steamers from the sea to a point in-. land di taut 1,032 miles, with tributaries aggregating over 300 addi.tional mile of 

n:tvigable waters; and 

Whereas a ca.na.l and locks are now under proces:~ of construction by the 

United States Government around such ob:>tructions at the Cascades; and 

'Vherea.s said Colurpbia &iveL· and ita navigable tributaries drain an extent of 

country unsurpassed in agricultural, grazing, and miner.1l produeth·eness, capa- ble of producing from sixty to eighty millionsofbus!l.els of whe.J.t a~10u lly, an area of country in geographic..'l.l extent equal to one-twentieth of the enti1·e area. of the United S~ates, as large as Germany or France, and· over one-fourth of the area. of South America; and 

\Vhereas the commerce of that vast and fertile regi-on is increasing with mar- velous rapidity, the cu-tom-house statistics showing that in the year 1 ' i 403 vessels p:tssed out of tl1e mouth of the Columbia River for foreign and dome..o;tic 

ports wilh cargoes valued at 15,GOO,OO:'J, as agains.t 6::.: vessels in tile year lSS') with cargoes valued at $4,181,352. while the tonnage over the bar at the mouth 

of the Columbia for the year ending September 30, 18.')5, was R69.S-t.':l tons; ami 

And whereas it is alleged that freight charges on wheat from The Dalles to 

Portland, Oreg., a distance of 88 miles, are now 12 cents per bnshel of6U pounds, and from Wallula, \Vash., to Portland, Oreg., a distance of214miles, 18 cent per bushel, and all other freight charges, it is alleged, are in equal enormous pn>· portions; · And where.'l.S it is alleged such freight charges are exorbitant and rninou · to 

the producer. and as i~ is further alleged that th.e real rem.edy for this e•·il is in 

freeing- the Columbia River and its na.vigable tributaries from obstructions to 

navigation, n.nd th t this work is essentially national in its eh..'l.racter: Therefore. Be it resolved, That the Co'Drnittee O;:L Transportation Rou.tes to the Seabo-ard 

be, and it is hereby, instructed to inquire into the!'!e alleged grievances both as to their existence and the proper measures of relief, and also as to the impor- ta.nce of the speedy completion of the canal and locks at the Cascades of the Columbia and the means prope-r to be adopted to overcome the ob.~truction to 

navigation at the Dalles of the Columbia., and to report by biU or othm:wi e at 

the earliest practicable period. 

F~G RIGHTS U:N"DER TREATY OF WASHIKGTON. 

Mr. FRYE submitted the following resolution; which was considered 

by unanimous consent, and agreed to: 

Resol-ved, That the Secretary of State be, and he hereby is, requested, if not 

incompatible with the pnblic interest, to transmit. to the Senate any and all cor- respondence and iniormn.tion in the custody of the State Department rel tive to the extension of certain fishing rights and privileges under the treaty of 

Washington from .July 1, 18&'5, to January, 1BS6. 

EXTENSiq~ OF EXTRADITIO ... ~ TREATIES. 

lli. HOAR. I ask for the adoption of the following resolution: 

Resolved, That the President be requested to take measures for revising and 

extending the extradition treaties now existing between the United States and 

foreign countries, so as to secure the return to the United States of persons guilty of embezzlement and other breaches of tr-ust. 

Mr. President, I suppose the Senate will be unanimous in its desire 

that some proper treaty provisions should be made to secure the return 

to the United Sta.tes of persons who have been guilty of what by the 

law of nearly all our States is larceny, or tantamount to larceny, the 

embezzlement by cashiers of banks and other persons to whom funds :rre committed in trust, or who h::~.ve access to them, who find an asylum PRINTING OF BAJ\'XRUPTCY BILL A~-n INDEX. in foreign countries, especially in Canada. But as it may be desired 

Mr. HOAlt. On the last day before the holiday vacation I reported by possibly on reflection to couple some other matters with the resolution 

direction of the Judiciary Committee a bill (S. 714) to establish a. uni- before it is adopted, I shall for the present move its reference to the 

form system of bankruptcy throughout the United States. An index to Committee on Foreign Relations. 

that Lill has been prepared by the clerk of the Committee on Privileges j The motion was agreed to. 

and Elections, which it will be very convenient for Senators to have. I _ lay before the Senate a copy of the bill with the index, and move that w ASHilWTON sTREET-CAR LABOR, ETC. 

the bill be reprinted, with the index, for the use of the Senate. . Mr. VAN WY9K submitted the following resolution; which was con· 

The PRESIDENT pro tempore. That request will be considered as Sldered by unammous consent, and agreed to: 

agreed to if there be no objection. The Chair hears none. Resolved, That the Committee on Education and Labor be directed to inquire how many hour are e::mcted per day from men and boys in the employ of the 

street car or other corporations in the District of Columbia.; whether, in the j udg- ment of the committee, the labor so demanded is unreasonable and inconsistent 

with former acts of Congress; and, if so, to report by bill or otherwise what. remedy is necessary. 

PAPERS WITHDR.A WN AL~D REFERRED. 

On motion of Mr. PLATT, it was 

Order·ed, That the paper;; in the <'a<>e of James ~I. Willbur ba withdrawn from 
404 CONGRESSIONAL RECORD-SENATE. J .ANUAR"Y 5, 

DELAWARE INDIAN CLAillS. 

Ur. PLUMB submitted the following order; which was agreed to: 

Orclered, Thn.t the Secretary of the Senate request the Chief Clerk of the House of Representatives to send to the Senate the papers in the matter of the claims of the Delaware Indians for the va lue of their lands taken for the right of way over their allotted lands by the Leavenworth, Pawnee and Western Railroad Company, and for the amounts ascertained to be due them for stock under the provisions of the fourteenth article of the tr.eaty of July 4,1866. 

STATUE OF JAMES A. GARFIELD. 

Mr. SHERMAN (Mr. HALE in the. chair). I desire, before submitting a resolution, to have read a communication from the governor of 

the State of Ohio. 

The PRESIDING OFFICER (Mr. HALE "in the chair). The com- munication will be read. 

The Chief Clerk read as follows: 

Sl'ATE OF 0HI01 EXECUTIVE DEPARTMENT, 

OFFICE OF GoVERNOR, 

Columbus, December 10, 1885. 

SIR: I have the honor to inform you thn.t, in acceptance of the invitation con- tained in section 1814 of the Revised Statutes of the United States, the State of Ohio, in pursuance of an act of its ~neral Assembly, has caused to be made by the sculpt.or Carl H. Niehaus, and placed in the old Hall of the House of Representatives, in the Capitol of the United States, in the custody of the Architect of the Capitol, a marble statue of that illustrious and lamented citizen of Ohio James A. Garfield. late President of the United State s. This work is now presented to the Congress of the United States as one of the statues contributed by the State of Ohio in pursuance of this invitation. It is hoped that it may be found worthy of acceptance and approval as a. fit contri- bution from this State to the United States, in whose service President Garfield passed so much of his life and whose chief executive officer he was at the time of his death. · Very respectfL1lly, 

llon. JoHN SHER'llAN, 

President of the Senate of the Uniled States, 

Washington, D. C. 

GEO. HO.ADLY, 

Governor of Ohio. 

M:r. SHERMAN. In connection with that communication I submit 

concurrent resolutions. The concurrent resolutions were read, as follows: 

Resolved by the &nate (the House of R epresentatives concurring), That the thanks of Congress be presented to the governor, and through him to the people, of Ohio for the statue of James A. Garfield, whose name is so honorably identified with the history or that State and of the United States. Resol·ved, That this work of art is accepted in the name of the nation, and assigned a place n1 the old Ha 11 of the House of Representn.ti ves, already set aside by act of Congress for statues of eminent citizens~ and that a copy of this reso- lution, signed by the President o(the Senate ana the Speaker of the House of Representatives, be transmitted to the governor of the State of Ohio. 

The Senate, by unanimom consent, proceeded to consider the resolutions. 

1\Ir. SHERMAN. 1\Ir. President, in selecting from among the illustrimlS dead of the State of Ohio the two most worthy to be represented 

by marble statues in the old hall of the House of Representatives, it 

seemed to the General Assembly of that State appropriate, first of all, 

lo choose the statesman, soldier, and President whose brilli::mt life and 

tragic death have made his name "familiar as a household word," not 

only in every part of our country, but thrcughout the civilized world. 

His recent presence among us, his conspicuous services in the House of 

epresentalives, the impressive ceremonies in this Capitol which within 

:five brief years attended his inauguration as President of the United 

States, his long and patient suffering under a mortal wound by an assas- sin, the eloquent words of his nearest friend, uttered in the presence of 

nearly every member of this body and within the Hall where both had 

gained their highest fame, make the duty assigned me seem superfluous. 

Still it may not be amiss to accompany the acceptance of the statue of 

James A. Garfield with a brief statement of ~he grounds for the affection 

and respect with which his memory is held by the people of Ohio. 

He was, ~ every sense, a self-made man, blest, it is true, in springing from a line of hardy n.nd industrious farmers of Puritan stock, who 

depended only upon themselves and their God. Yet the early life of 

young Garfield was a constant struggle with poverty. By the death of 

his father when n.n infant he, the youngest of four children, was left 

under the ca.re of his mother in possession of a farm of thirty aeres, mostly covered by primeval forest, in a then new and sparae settlement 

of Northern Ohio. He had to suffer the discipline of hard daily labor 

and enforced economy. In this respect he was not different from the 

great majority of his neighbors, '\Vho, like himself, found the healthy 

and vigorous training by labor in early life the best preparation for the 

menL'\l as well n.s the physical tasks of later life. Even as aJad he ne>er forgot that it was his duty to learn as well as to labor. There was in those days no easy road to learning, but, availing himself of the 

intelligent tuition of his mother and occ:1Sional schools in his neighborhood, and always imbued with the love of study, he made rapid 

progress, and early in life became a teacher as well as a student. He 

was not satisfied with this, but, saving his scanty pay for labor in the 

harvest-field and. in many Yaried manual employments, he attended 

the seminary at Chester and the college at Hiram, and finally at Williams, JI.Iass., where, in a broader field and greater competition, he 

gained the honms of his class. . His education did not end here, for he 

returned to the Hiram Institute as professor of languages and soon 

became its president. The result was that before he entered upon his 

public life he was a thoroughly educated man, not merely in the les- sons of the school and the college, not merely in literature and science, 

but also, by extensive reading and study, in all the historical aud political questions of the day, in the development of which he was to take so active a part. .All this varied learning was ground into him and 

fitted for use by his experience as a laborer, a teacher, a preacher, a professor, and president of a college. 

When he entered public life in 1859, at the age of twenty-eight, as a member of the senate of Ohio, he was well equipped for all the great 

duties that were to fall upon him; but, not content with this, while 

serving as Senator he studied law and was admitted to the bar. 

At this period of his life camethegreattragedy of the civil war. His 

heart and soul and every fiber of his body was enlisted in the Union· cause. His speeches at that time were models of the persna"'ive eloquence that distinguished him in his later years. He was chiefly instrumental in raising and preparing for service a regiment of Ohio infantry, 

of which he became colonel. 

In the two years he remained in the military service he distinguished 

himself and was promoted for gallant services in battle to the rank of 

brigadier and then major-general. I do not regard his service in the 

Army as anything more thau an honorable episode of his active life, for 

others gained greater distinction and rendered more important services, 

but he did demonstrate his ability to lead and command men, to inspire 

the confidence of his superior officers, and to show on several important 

battle-fields his personal courage. 

His military services were chiefly important in giving him information as to the wants and organization of the Army that became useful 

to him and to the Union cause when applied in Congress in framing 

laws for the increase and government of the Army. 

His enduring fame will chiefly rest upon what he did during the 

period of eighteen years as a member of the House of Representatives. 

While he was in the field, and without an effort or wish on his part, he was elected as a Representative in Congress from a district in Northeastern Ohio which had been represented for nearly half a century by 

El isba Whittlesey and Joshua Giddings. It was as their successor that, 

during nine consecutive Congresses, from 1863 to 1881, he made that 

record which is the great glory of his life. 

What an infinite variety of subjects, what magnitude of detail and 

results, what immense sums and difficult problems were aeted upon by 

him, no one ca.n tell who has not examined his share of the record of 

the proceedings of Congress. These events are too fresh in the minds 

of those who hear me, many of whom have also been aetive in these 

busy s~nes, to make it nec~ry for me to maasure and gauge the 

value of his services, com pared to that of any one of his colleagues; but 

I do not now recall any from among his distinguished compeers who 

will not frankly say that in variety of duty, in labor and care and ear- nest effort in his speeches and in action, no one of all can be said to 

ha.ve been his superior. 

Many of his speeches may be regarded as models of effective eloquence. 

They presented, frankly the arguments on the topic under debate, but 

always were enriched by apt metaphor, by illustrations drawn from 

other topics, by poetical or classical quotations. Even his impromptu 

speeches display the rich storehouse of learning from which be drew 

his inspiration. Courteous in manner, and rarely, if ever, trenching 

on the rules of order, he often expressed in a single sharp sente11ce or phrase the whole argument that silenced his opponent. He was always a ready speaker; ready promptly to reply to an argument of an adversary without waiting to cull his phrases or arrange his order of battle; 

ready, whatever was the subject-matter of debate, whether finance, 

war, 1·econstructjon, or a graceful tribute to a friend; ready, even at the 

spur of the moment, to resist and check the hasty judgment of his 

friends or his constituents, or all combined. 

In principle he was in every sense a patriot. No narrow limit con- fined his allegiance, but the whole country was the object of his love. 

He did not fuvor any section, but freely extended the bounties of Government to every part. He was a lover of. liberty, of freedom in its 

broadest sense, not only of the person, but of thought and of speech. 

Though a member of the Disciple Church, he wn.s catholic jn his charity for all Christian denominations. He was a strict guardian of the 

public fu.ith, pledged either to a citizen, a soldier, or a creditor . . When 

that faith se~med to be impaired by the long suspensjon of specie payments, he was as earnest as any in demanding the fulfillment of anational duty, and rejoiced as much as any in resumption. A striking 

example himself of the benefits of education, he favored every measure to extend and enlarge the scope of both State and national aid to education. lie was a Republican, not in the narrow sense of personn.l advantage, but because he believed that p:uty could best advance the 

honor and prosperity of our whole countr_y, and of every part of it. 

During his last term in Congress he was elected by the General Assembly of Ohio as a member of this body. No one can doubt that had 

he entered upon this service he would have greatly added to his reputation as an orator and a statesman, already established by eighteen 

years' experience in the House. This was his cherished hope and am- bition, frankly expressed to his personal friends, justified by his physical and mental condition and training, in the prime of manhood, his 

. early and later struggles behind him as obstacles safely overcome, with 
1886. CONGRESSIONAL RECORD-SENATE. 405 

hope and health and strength all pointing iii the future to ~ long life 

of honor and usefulness. 

Within a few months after the election of General Gar .field as Senator, 

and before the commencement of his term, the Republican national 

convention of 1880 met to select a candidate for President of the 

United States. Divided and distracted in its choice, it turned to him 

as its standard-bearer, and he was· elected President by the unquestioned 

majority of the electoral college and of the people. He entered upon 

the discharge of the great duties of this office. He met and overcame 

the first waves of contention and disappointment which are inevitable 

at the beginning of any administration, and hopeful and confident, at 

the moment when his life was mostfullofpromise, when he wasstart-. 

ing to visit his alma mater and to encourage by his example and great success the youth of that college, he was mortally wounded. He ended 

his hopes and· his life, for, though he lingered months and days, it was 

with torture infinite. 

The people of Ohio, among whom he was born and bred, placed his 

image in enduring marble in the silent senate of the dead, among the 

worthies of every period of American history, not claiming for him to 

have been the greatest of all, but only as one of thejr fellow-citizens, 

whom, when living, they grea.tly loved and trusted, whose life was 

spent in the service of his whole country at the period of its greatest 

peril, and who, in the highest plac~s of trust and power, did his fall 

duty as a soldier, a patriot, and a statesman. 

I move the adoption of the resolutions. . The PRESIDING OFFICER. The question is on agreeing to the 

concurrent resolutions submitted by the Senator from Ohio. 

The resolutions we:re agreed to nem. con. 

PRESIDENTIAL .APPROVALS. 

A message from the President of the United States, by Mr. 0. L. 

PRUDEN, one of his secretaries, announced that he had, on the 26th day 

ofDecember, 1885, approved and signed the following bills and joint 

re.Solut.ion: · 

An act (S. 118) for the relief of Alexander R. Lawton, of the State of 

Georgia; . An act (S. 580) granting a pension to Julia D. Grnnt; and 

Joint resolution (S. R. 1) filling existing vacancies in the Bo:ud.of 

Regents of the Smithsonian Institution. 

COIN DUTIE'3 O:N IMPORTED GOODS. 

Mr. ED:'!IUNDS and 1\Ir. GRAY addressed the-Chair. 

The PRESIDING OFFICER. The Senator from Vermont. 

Mr. EDMUNDS, I presume my friend from Delaware has a reso- lution to offer. I rose to move the consideration of a bill. I give way 

to the Senator from Delaware. 

Mr. GRAY. Mr. President, ifitisthepleasureofthe Senate I shall move to-morrow or some other early day-t,o-morrow if it is agreeable 

to the Senate-to take up the resolution offered by the Senator from 

Kentucky [:Mr. BECK] on the. 18th of December, pending the consideration of which the Senate adjourned for the holidays. I now. give notice 

to that effect. My purpose is to submit some remarks on that reso1ution. Mr. BECK. As the Senator from Delaware proposes to call up the 

resolution I offered, I should be glad to know what is the st.atns of it. 

I think it is still before the Senate. The Senator from Vermont lliir. 

MoRRILL] made a motion that I ilid not hear at the time, and I did 

not quite understand itS effect when I saw it in the RECORD-a motion 

of reference. 

The PRESIDENT p1"o tempore. The resolution of the Senator from 

Kentucky is upon the table and a motion is pending to refer it to the 

Committee on Finance. That motion has not been acted on. 

· ~r. BECK. That leaves it in a proper shape to be called up. I 

was not sure about that, and hence my inquiry. ?!fay I be allowed to 

call the attention of the Senator from Vermont to a remark he made? 

I ask if after looking over what I said the other day he does not now feel that it was a somewhat harsh .remark which he made in regard to 

what I said? 

Mr. MORRILL. I takepleasure in sayingtlllt I did misunderstand 

the Senator in his reference to the President of the United States and 

the Secretary of the Treasury where he used the words: 

The present crusade against silver is (1nly another evidence of the audacity 

of the orga~ization~ of wealth; _they have always secured all they demanded, 

however unJust the1r demands; they have succeeded in alarming the President 

and the Secretary of the T1·easury. . 

I understood the Senator to use a much rougher word than ''alarming," and I take pleasure in saying now. that I did an injustice to the 

Senator so far as that was concerned. · 

In relation toano.therpartof thereference that I made I stated this: 

I regret that the Senator from Kentucky should represent the Secr~ta.ry of the 

Treasury as being little better than a common thief. 

The precise language used by the Senator from Kentucky was this: 

The thief who steals and squanders an unneeded surplus locked up in the 

Treasury vaults would inflict less injury on the country and its business if the money he stole was put in circulation than a Secretary who holds and hides in 

vaults ·currency which the people want and refuses to use it to pay the debts 

especially interest-bearing debts, which the men who own this money' owe. ' 

It seems that the Senator from Kentucky did not refer to the Secretary of the Treasury pe:::-sonally as a. thief, but merely represented that 

in his pqlicy he was inflicting greater injury than the thiefwho should 

steal money and put it into circulation. · Mr. BECK. I knew the Senator from Vermont would do me justice 

when his attention was called to the matter. I did not hear his remarks 

the other day. I heard him move to go into executive session. I knew 

he desired to take up the question of M.r. Bigelow's confirmation, which 

was thought to be 'of importance at the time; but he spoke in a low 

tone, and I did not know what he said about me until I saw it in the 

RECORD after we adjourned. I only desire to say now that I made no 

personal attack on the President or the Secretary of the Treasury or 

anybody else; but I intended to say that the effect of looking up the 

surplus money in the Treasury would be quite as well illustrated, or 

perhaps more forcibly, if, instead of supposing a thief had stolen it, I 

had said a cyclone or a tornado had come and blown away all the vaults 

of the Treasury and scattered the money to the winds and the people 

should have gathered it up and put it in circulation, it would have been 

better than to keep it locked up. That was all I intended tO say. I 

believed it then, and I do not know but that I believe it now, though it 

is a mther strong form of expression. I only desired to make the record 

correct. 

.ALLOWANCE OF PENSION CLAIMS. 

Mr. EDM:UNDS. I move to proceed to the consideration of Senate 

bill No. 10. . . The PRESIDENT pro tempore. Before the Senator submits that 

motion it is the duty of the Chair to lay before th~ Senate the unfinished 

business, pending which the Senator from Vermont--

Mr. EDMUNDS. The unfinished business does not come up until 2 

o'clock · 

The PRESIDENT pro tempore. There is a resolution lying over that comes up under the rules at the close of the call for resolutions. 

Mr. EDUUNDS. I thought as it was after 1 o'clock I was entitled 

to make my motion; butT will not insio;t on it. 

The PRE.:siDENT pro tempore. The resolution will be read, after 

which the Chair will entertain the motion. 

The Chief Clerk read the resolution submitted by Mr. HARRISON 

December 21, 1885, as follows: 

'Vbereas it is stated in substance in the last annual report of the Commissioner 

of Pensions that under the administration of his p1·edecessors, or some of them, 

in that office, other tests than those of t.he law were applied to applications for 

pension, and that applicants were required to show, in addit.ion to service in the 

field, submission to and support of a party before pensions were granted: Therefore, Re.~olvec4 That the Committee on Expenditures of Public Money is hereby directed to inquire into said statements and to report the facts to the Senate. Said commi~tee is authorized to send for persons and papers and to employ a. stenographer. 

1\Ir. HARRIS. I ask the Senator from Indiana to allow that reso- lution to go over this morning because of the absence of his colleague, 

who, I chance to know, desires to submit an amendment to the resolution. 

Mr. HARRISON. I make no objection under the circumstances. 

The PRESIDENT pro tcmp01·e. The resolution willlje over if there 

be no objection. The Senator from Vermont [Mr. EDMUNDS] moves that the Senate proceed to the consideration of Senate bill No. 10. 

The motion was agreed to. 

POLYGAMY AND AFFAIRS IN UTAH. 

The Senate, us in Committee of the Whole, proceeded to consider the 

bill (S. 10) to amend an act entitled "An act to amend section 5352 of 

the Revised Statutes of the United States in reference to bigamy, and· 

for other purposes,'' approved March 22, 1882. 

Mr. EDMUNDS. There is a misprint in line 5 of section 8. It 

reads "votes." It should read "voters." I ask to have that cor- rected. · 

The PRESIDING OFFICER (l\1r. HALE in the chair). The corr~ction will be made if there be no objection. 

1\Ir. EDMUNDS. There is another misprint in line 3 of section 18. 

The word ''offices '' should be ''officers.'' 

The PRESIDING OFFICER. The correction will be made if there 

be no objection. 

Mr. EDMUNDS. Insectionl6,llne4, Iwishtomoveamereamendment of phrase to make -the meaning a little clearer. I move to insert 

after the word "corporation" the words "mentioned in the preceding 

section,'' so as to read: 

That it shall be the duty of the Attorney-General of the United Stat.es to ca. use such proceedings to be taken in the supreme court of the Territory of Utah as shall be proper to dissolve the said corporation mentioned in the preceding sec- tion and pay the debts and to dispose of the property and assets thereof aecording to law, &c. . 

The amendment was agreed to. 

Mr. EDMUNDS. In section 20 there is either a misprint or a clerical error at the end of line 1. The word "commits" should read 

"commit," to make it grammatical. 

The PRESIDING OFFICER. That correction will be made if there 

be no objection. 

Mr. HOAR. I move to amend the bill by striking out the seventh 

section. 
406 CONGRESSIONAL RECORD- SENATE. JANUARY 5, 

The PRESIDING OFFICER. The Senator from Massachusetts Mr. HOAR. I should prefer, and I have no doubt it will be quite moves to amend the bill by striking out section 7, which will be read. as agreeable to the Senatorfrom.Vermont, that this matter should proThe Secretary read as follows: ceed by unanimous consent so that the other bill may hold its place. 

SEc. 7. That it shall not be lawful for any female to yote at any election here- Mr. EDMUNDS. I have no objection to that. 

after held in the Territory of Utah for any public purpo e whatever, and no Mr. HOAR. I hope the other bill will not be prejudiced in the Sensuch vote shall be received or counted or giYen effect in any manne1· whatever; te b · 't will tak 1 hil I eall has and 1myandeveryactoftbegovernorand Legislath·eAssemblyoftheTerritory a Y supposrng 1 e a ong W e. t r Y not OCCUpied of Utah providing for or allowing the registration or >oting by felllftles is here- the attention of the Senate any great while, and can soon be disposed of. 

by annulled. Mr. VEST. If it is agreeable to the Senator from Vermont I wish 

Mr. HOAR. I approve the purpose of this bill,· and I appro•e the this Utah bill to go over until to-morrow. I had no idea that it would 

method by which the bill seeks to effect its P'l!l'POSe, with the exception come up to-day. I do not know whether I shall debate it at all, but 

of the seventh section. It seems to me that that is a viol:ttion of sound as a member of the Judiciary Committee I can not give my consent 

legislativ~ principle. It is an undertaking to put into the statutes of to aU its provisions. As a matter of course if the Senator deems it 

the United States a depri>ation of a certain class of persons, described proper ro press the bill now, a majority vote can do it. 

by a class, of a right of suffrage which they now enjoy, ·because of the .Mr. EDMUNDS. If I can have an understanding that we can get it 

assumption or presumption that persons belonging to that class will en- up to-morrow immediately after we are through with the morning busitertain and act upon certain opinions. ness, and get on with it and stick to it, I certainly should not object; 

If Congress propose to say that no Mormon, no person who is a Mor- but I should like the unanimous consent of the Senate to occupy four 

mon in religious belief or who entertains the opinion in regard to the or five minutes inreplyto my friend from Massachusetts before the bill 

lawfulness of plural marriages which the .Mormons entertain, should be goes over. 

permitted to vote, that is one thing; but that is a thingwhich this bill The PRESIDENT pro tempore. TheSenatorfrom Vermontasksthe 

does not undertake to do. We deal with certain conduct and punish unanimous consent of the Senate to lay aside informally the pending 

it, but nowhere in our legislation so far as I am aware will be found business with a view to proceed with the conSideration of the bill taken 

any attempt to say that a man of any mere opinion except as it finds. up on his motion. Is there objection?. The Chair hears none. effect in act shall be punished either as a criminal or by the deprivation .Mr. ED~IUNDS. After I have said the little I have to say, I shall 

of political privileges. We do not, therefore, undertake to S..'l>Y to the not object to my friend from llissom·i having the bill go over until tomale Mormon, to the man, you shall bedeprivedofpoliticalprivileges, morrow, wit.h the understanding and expectation that we shall get on either of holding office or of voting, because of your opinion in regard to with it then. 

this pestilent heresy, as we deem it, which is so opposed to the purity I wish to say in reply to the Senator from M~chusetts that section 

of the marriage relation on which all our institutions depend; but the 7 of this bill is proposed without regard to what his opinions or mine 

bill does undertake to say that to women. may be on the propriety of extending the suffrage to women, and, so 

Now, if Congress in passing this bill into legislation chooses to say far as I am concerned, whenever the women of the United States or of 

that woman suffrnge shall not exist in any Territory of the United any one of the States, a majority of them, desire to have the suffrage, 

States, that also, whether it is to be approved or disapproved, is intel- they will get my vote to have it, either in the State of Vermont or Iigible, and it rests upon an opinion which those who do not sh..'lre it wherever else I may be located. I think it depends, as it ought to decan at least understand. ·But it does not do that. On the contrnry, pend, upon the general sense that our wives ::md sisters and sweetheart 

woman suffrage exists in the Territory of Wyoming and the Territory have of what their political duty is and how they can best fill up their 

of Washington, and the testimony of the most thoughtful and careful duty toward society; and when they come t:> the opinion that society 

observers is that it is a great success. The remarkable testimony of will get on better and that they will get on better by entering into the 

Go•ernor Warren, late governor of the Territory of Wyoming, and of political :field,· instead of confining themselves to the :field in which they 

Chief-Justice Green, one of the ablest, most conscientious, and most are now employed., they will have my aid in obtaining that result. 

highly respected jurists of the country, a man who would be an orna- Now, I do not think this provision violates any principle such as the 

ment to any bench, whether the Supreme Court of the United States or Senator from Massachusetts seems to suppose. The women of Utah 

any other, is in favor of the success of the experiment in the Territory have notnowtheiawfulrightofsnff)-agein the sense of a :final and com- of Washington, in its effect upon legislation, upon politics, and upon plete law, for the suffrage law of Utah, like every other law of Utah, 

the administration of justice. by the very organic act that creates it only continues to exist until 

Now if we do not think so, and if we choose to say that in no Terri- Congress choose to say no. The Territorial laws of Utah are passed 

tory of the United States shall suffrage by women be permitted, letus subject to the dis..'1.pproval of Congress. This is one of those laws. 

say so fairly and frankly and honestly; but, refusing to occupy that Therefore we are not invading any vested right, if you can call a pogrotmd, saying that whatever may be the opinion of the individual litical right a vested one, in resorting to this legislation. Of course me-mbers of Congress as to the wisdom of woman suffrage as a policy that is quite a different question from the intrinsic propriety; but as 

it is a thing to be left to the people of the Territories and the people it regards the violation of any principle in respect to t..1.king away an of the States as a matter which comes within the domain oflocal self- existing right, we do not violate that prindple at all, becausewecould 

government, even in the TerritOries over which we exercise .a certain bke away the whole government of the Territory, and as to e>ery 

supreme l~oislative control-saying that as a general rule, it seems to Territoriall:tw it is expressly provided in the organic act that it shall 

me that we ought not to undertake to violate that principle in dealing hold until disapproved by Congress. Now it is proposed that Conwith the Mormons in Utah. gress shall disappro•e of this Territorial law. The ground upon which 

This bill and the act to which it is an amendment go far enough in a it goes as a matter of propriety, aside from the principle I have stated, 

good many directions to suggest a pretty anxious inquiry whether it is simply this: It is set forth in veryfcwwords, but I believe very truly, 

does not step over the line which fairly should bound the exerciSe of in the memorial which was presented to Congress in 1883 on the sublegislative authority over the Territories. I do not think that it crosses j ect of Mormonism, as it is called, in Utah, the union of church and 

that line. I think that the author of this bill has judged with great sta.te, the absolute autocratic hierarchy that controlS the whole affairs of 

sagacity, is right in the relief that so far as the powers lodged in Con- that Territory as distinguished entirely from anybody's religious belief. 

gress can be exercised withQut passing that line, their exercise is im- In the course of this memorial, which was sent up to us by the Territorial 

perati vely required and demanded at our hands in reference to this great central committee of the liberal party of Utah, representing all the opmenace to the purity of republican institutions and the purity of the ponents of this system that exists there-! am not now speaking about 

marria:getieitself; andlhavenocriticism to make, butthecriticism will religious beliefs but the practical system-on this topic they say this, 

be made elsewhere that we have gone up to the limit and if the limit speaking of this hierarchy: were more .remote we would go up to that limit. But I can not see It confers on women the suffrage, and then foz·ces her to use it under the lash 

and I have not heard any logical statement which would justify the in- of its priesthood to perpetuate their power and her own degradaliion. 

trod nction of this section into the bill. You are saying that a woman, It is to relieve the Mormon women of Utah from the sla vehood of 

if she be anti-Mormon if she 'agree in opinion with the author of this being obliged to exercise a political function which is to keep her in a 

bill in every particular or with every Senator who shall vote for it, she state of degradation, it is to diminish the voting power of this hierarchy; 

being now clothed by a lawful exercise of the authority of the people ot and so far as I know and.have heard-and I may say with modesty that I 

that Territory with the right of suffrage, shall be deprived of it, merely know a good deal and have heard a great deal more concerning the state 

because it is expected or anticipated that some other woman, if she have of things in Utah-there has been no instaur,e in which any anti-polygthe right of suffrage, will exercise it in a manner detrimental to the amy woman in Utah has raised her voice against this provision, which 

public interest and contrary to the opinion of the persons who exercise has now been proposed for nearly two ye..'l>rs. I belie•e it safe to say, 

the law-making powers here. It seems to me that is a violation of the therefore, that what are called the Gentile women in Utah and that 

sound and fundamental principles of legislation. part of the Mormon women who do not believe in po1yaamy and do not 

.Mr. EDMUNDS. Mr. President-- practice it are willing and desirous that Congress should assist in re- Tbe PRESIDING OFFICER. The hour of 2 o'clock has arrived ducing the voting power of this hierarchy by depriving all the women and it becomes the duty of the Chair to lay before the Senate the un- in that Territory of the right to vote for the time being, until we can get 

finished business, which is the bill (S. 6) fixing the salaries ofthesev- society restored to its proper and normal condition; and then, if the 

eral judges of the United States district courts at $5,000 per annum, people of Utah desire to have women vote, certainly they will notreand for other purposes. ceive any oppositiCln from me. 1\I:r. EDMUNDS. I move to proceed with the consideration of this 1 1\Ir. HOAR. Mr. President, it seems to me that the Senator from 

bill, No. 10. We can :tini hit in a little while. Vermon'ttakes a rather remarkable fashion, looking at it as a matter of 
1886 . . CONGRESSIONAL RECORD- SENATE. 407 

letrislative princi}lle, to accomplish. ·his resuH. He says now that the 

w~men there are likelytovote a. certainwayunder the influenceofthe 

priesthood, and therefore he leaves the right of suffrage in the priesthood a.nd takes it away .from the women! I can not now any better, 

after having listened to the ingeniou.s explanation of the Senator from 

Vermont, understand upon what principle of legislative action he justifies the sa.ying that every Mormon man in the Territory shall have the 

right of suffrage, but a. certain elass of voters whose suffrages )1ewould 

not undertake to interfere with by Congressional legislation, whether 

he approves it or not, shall ha.ve a privilege with which they are now 

vested by law taken from. them, because he thinks they will be led to 

vote the wrong way by the influence of others, the class to whom he 

leaves ib. 

Why, Mr. President, just apply this to any other class of the community. The feeling in this country fifteen or twenty years ago in 

many quarters of it would have found expres.~ion quite as strong and 

decid ed as that of this memorial, that the voters belonging to the Catholic Cb urch exercised their right of suffrage under the influence of their 

religious leaders, a charge which you will find mnning through all the 

debates of the English Parliament forthe last fifty years that the Irish 

movements there, political and otherwise, were due to the control of the 

priesthood; but I never yet heard that there, still less on this eontinen t, did anybody propose to take a way the vested right of suffrage from 

a class otherwise entitled to it because he attributed a certain political 

ascendency or a certain political influence to another class in whom he 

left the right. Why doe8 not the honorable Senator from Vermont come 

out and say frankly that no .1\Iormon, no man who believes in plural 

marriages, no Mormon elder, no teacher in that church shall be clothed 

with the suffrage? But leaving it to them he undertakes, as I said before, to deprive pe~'Sons,.without regard to their belief in Mormonism, 

without regard to their marriage rebtions, Gentiles and Mormons alike, 

of this right. · 

The Sena.tor from Vermont says also that it is not correct to speak of 

it as a right of suffrage, that it is a privilege enjoyed under a law over 

which Congres.~ has the veto power. It seems to me, with due deference to the Senator from Vermont, that where the existing hw has 

created a certain privilege which has a legal right to be enforced in the 

way that species oflegal right is enforced elsewhere by law, and it exists to-day, it is none the less a legal right because there is some superior 

paramount authority that has power to interfere and repeal the Jaw or 

disapprove it. It is the law until Congress acts, and it is just as much 

a vested right to-day in everybody who exercises it as any right of 

property acquired under legislation over which the veto power of Congress hangs. It is just as much a right of suffrage as the right of 

suffrage of any American citizen whatever in any State or Territory, 

male or female, that may be abridged or abrogated by constitutional 

changes-constitutional changes in the State subject to the limitations 

expressed in the United States Constitution, and constitutional chang~ 

in the United States Constitution without limit. I suppose that if it 

were undertaken to attach a property qualification of a thousand or ten 

thousand dollars for the right of suffrage by .a constitutional amendment, it would be an argument we should hear, in addition to the argument on the policy of the change on its merits, that it was a deprivation of American citizens of an existing right. It seems to me this 

is subject to the same criticism. 

Mr. EDMUNDS. Mr. Pres~dent, my friend from Massachusetts inquires why I do not come out frankly and say that I want to deprive 

a Mormon of the right of voting because he believes in certain things 

that I believe to be criminal. ·I do come outfrankly and say that I am 

not in favor of anything of the kind. This bill and the bill that pre· 

ceded it and other bills that very likely will follow this until the practice of polygamy is extirpated and it is admitted to be a dead and gone 

thing, are not based upon the idea of in any manner interfering with 

the opinions or beliefs of anybody. This bill deals with conduct and 

states of fact, not opinions, faiths, or beliefs; and a-s. to woman suffrage, 

it deals not with opinions of priests or people in the sense in which that 

term is usually understood. 

The situation there is unique. These plural wives and the persons 

under the control of that hierarchy are under an entirely different influence and control from that which affects the.femalesor the males in 

the Roman Catholic Church, or in the Episcopal Church, or in the Meth- odist Church, or in any other church. It comes nearer to a state of 

serfdom, as these gentlemen, from• every one of the counties in Utah 

.composing this central committee of the whole body of the people there 

opposed to polygamy, including Mormons among those who are opposed 

to it., state; and, therefore, becau.se the case is unique, we deal with 

the fact, and we will try to get the politic..<tl power into the hands of 

those who are opposed to the prac'tice of polygamy by diminishing the 

voting powers of that hierarchy. · That is all there is to it, and it is entirely different from the nature of a -vested right of property. .1\Iy 

friend says tha:t under the laws of U t..'lh a property right acquired under 

a statute of that Territory which had not been approved by Congress 

would be just as much the subjectofbeingdestroyed by an annulment 

by Congress of that TerritoTial act. I quite disagree with my learned 

friend. A property right acquired under a statute has then gone be- yond the reach of that statute and has separated itself from it. A 

politicn.l right o1· a civil right which depends upon conventional arrangements is a continuing one. Vi.,.e do not propose to annul the voting 

that the women of·Utah ha-ve done hitherto. We only propose to say 

that for the time being they shall not vote any more. It does not disturb any vested right, unless it is a. vested right in a Territory to vote 

according to the Territorial law when Congress has not yet approved 

that law, but now proposes to disuppmve it. 

Mr. HOAR. Ur. President, the Senator from Vermont now avows, 

it seems to me, very clearly the precise purpose whick appeared to me 

so opposed to sot:md principle. He l:tas said, if I understood him correctly-and if I misquote him I shall ~e glad to be corrected-that he 

proposes to get the political action of that Territory into the hands of 

persons who are opposed to the practice of Mormonism by the destruction by national legislation of a certain politi-cal influence. Well, now, 

I say that, whether the crime aimed at is murder or treason or larceny 

or any other of tke grossest or most destructive or odious. of crimes 

known to the experience of mankind, no legislative body in a free constitutional country ever before avowed such a purpose, and no legisla- tion can ever stand as a general principle upon such a purpose. I can 

not put into words a proposition which seems to me, with the vexy 

great and profuund respect I have for its author, more repugnant to 

constitutional principles, more repugnant to American principles, more 

repugnant to the principles of free and civilized self-go-vernment, than 

to sa.y that a legislative body is entitled to undertake to get the political influence of a certain State or body politic subject to its control 

against something which it dislikes or considers wrong or repugnant by 

aiming its legislation, not at crime, not at act, bnt at the exercise of 

political influence or the exercise of political suffrage. 

Mr. BLAIR. Mr. President, in common with many, perhaps, who 

believe as I do upon the question of woman suffrage, I have from the 

initiation of this anti-Mormon legislation felt averse to saying anything 

about that subject in connection with polygamy; and so it has gone on 

under the supposed necessity that in this legislation the right of women 

to vote as recognized in that Territory should be struck down and we 

have kept silent. The original bill, which I think was introduced and 

passed in the Forty-seventh Congress, contained this same provisiou or 

substantially this provision. It was objected to; I objected to it myself; but the Senate overruled the objection made by myself and others, 

and the bill passed, including this provision, it being asserted then, as 

in the last Congress, that unless this provision was contained in the bill 

the whole legislation would be nugatory. In other words, it was !!!aimed 

that the right to vote as exercised by Mormon women was the re:u citadel of the Mormon power. And so, in order that the law itself might 

not be inefficient, and it being the universal desire of the Senate that 

the evil should be struck down, silence was in a certain 'Sense imposed 

on those who opposed this provision. 

But now the success of the law seems to be assured; the extirpation 

of the evil under the legislation which has been enacted appears to be 

rapidly taking place. It is a question whether any further exercise of 

legislative power on the part of Congress is called for, whether it be 

judicious, whether the power of the National Government as ~oainst 

the rights of individuals, the alieiL.1.ble rights of man, has not been 

asserted and exercised so far as it may safely be with reference to the 

preservation of the rights of mankind under our Government in the 

future. Notwithstanding this provision that women shall not vote in 

the Territory of Utah, it is a fact that every legislator or nearly every 

legislator in the Legisla"tnre of that Territory is a Mormon to-day. 

The striking down of the right of women to vote has not affected the 

result of elections in the Territory, a.nd you have a Mormon Legislature 

there to-day. Whatever has been accomplished by the courts in the 

extirpation of the evil has been done ngtwithstanding you ll!lve there 

in the TeTritory precisely the same obstacles to meet and to contend 

with as in former times before this legislation existed at all. That is 

a demonstration that thi.o;; clause striking at woman suffrage is not necessary, and therefore ita original insertion in the bill was not really 

justified by the exigency of the case. 

Now comes this bill asking for further and still severer legislation, 

if possible, than any which has hitherto taken place. If I am not mistaken as to the histonCal facts I have stated here, it is wholly miuecessary. It is the assertion of a principle offensive to many Senators and . 

a very large number of the people of the United States of })oth sexes, 

without any necessity whatever; and I ask you, Mr. President, and 

the Sennte and the honorable Senator who has charge of this bill why 

be needs to insist upon this offensive provision. It does him no good . 

The evil is passing away as rapidly as he can ask it to or as he can ex~ 

pect it to; and this section might as well be droJlped. 

Now, sir, with reference to the suggestion of the honorable Senator 

from Vermont that he is in favor of the exercise of the right of suffrage 

by women when all the women want it, is that any sound principle upon 

which he can base tbe assertion and existence of a right? Were men to 

wait until the sex was unanimous iH. conferring the right of suffrage before an individual of the sex had a right to claim it? Is it a principle 

of republicanism that a majority of the men in this country are to say 

whether or not I shall exercise the right to -vote? If there is one woman 

in this land who wants to have and who already possesses the right to 

vote, how is it within our power or within the scope of justice that we assert that sbe shall do so no longer? So the principle upon which the 

Senator bases his action in reference to the conferring of the right of 
408 CONGRESSIONAL RECORD-SENATE." 

suffrage is altogether tOo narrow ; it is unrepublican ; it is simply a despoti'llD. in form and in principle. · Mr. President, if the reason given for this section is a good one at 

all, there is no possible reply, and'none has been made-and if it were possible to make one the honorable Senator from Vermont could do itto the position of the Senator from Massachusetts that men who believe and vote the same way should be deprived of the same right. If 

it is a good cause to deprive a woman who has now the right of voting that she votes to uphold polygamy, it is equally a good cause to 

deprive the men in that Territoryofthe same right; and the necessity 

is the same because it is demonstrated by the previous operation of 

the law that there are men enough there without the· women to choose a Legislature favorable to polygamy and adverse to an execution of 

this law. The Senator does not seem to have any ground either of 

principle o-, necessity, as ib appears to me, for insisting on this clause 

which is so offensive certainly to myself and to a great many others. 

While I am on my feet there is one other suggestion which I should 

like to make in reference to this bill. It is not a matter of such importance as would lead me to oppose its final passage perhaps, but at 

the same time I am unable to compel the assent of my judgment to the 

provision in the eighth and ninth lines of the first section of the bill 

which confers the power of compelling the husband or wife of a person 

accused "to teStify in such proceeding, examination, or prosecution, 

without the consent of the husband or wife, as the case may be.'' It seems to me that there is no occasion for invading all the fundamental 

common law rights that we have supposed to be important and which 

have built up and strengthened the institutions of society for a thousand years. There is great danger, it seems to me, that in dealing with 

this evil, which is now passing away, we may assert doctrines that 

will trouble us in the future. · . 

Mr. WILSON, of Iowa. Mr. President, I believe it is understood 

that this measure is to go over by common consent until to-morrow. I 

therefore, in accordance with notice heretofore given, desire to ask the 

Senate to take up by unanimous consent a resolution introduced byrne on the 9th day of December, in order that I may in pursuance of such 

notice submit some remarks to the Senate on that subject at this time. 

Mr. EDMUNDS. Will the Senator from Iowa sqspend that fo·r a moment? I wish to say a word in reply to my friend from New Hampshire and then I shall let the bill go over. Mr. WILSON of Iowa. Certainly. 

Mr. EDMUNDS. I have nothing to add at this time in regard to 

the voting question, but I wish to say to my friend from New Hampshire that I think on reflection be will be satisfied with the provision 

in the first section of this bill regarding the husband or wife testifying 

in a case 9f bigamy, &c., against the other.' The committee thought-

! believe all of us thought-that it was perfectly analogous to the universal rule that has existed for a greaf many years in all courts of justice, authorizing the husband or wifetotestifyinacriminal prosecution 

against the other where the offense was an offense against the person 

or intrinsic rights of the party concerned, and that being so I think my 

f1iend from,New Hampshire will see that it falls fairly into that class 

of cases, and that the wife w bo is most grossly and wickedly wronged 

in a case of bigamy should not have her mouth sealed when in a case of simple whipping she would be authorized to come into court and 

se.nd her husband to jail. · I now consent that the bill may go over until to-morrow. 

'rhe PRESIDENT pro tempore. The bill goes over under the ru1es. 

UNION PACIFIC RAILROAD COMPANY. 

Mr. WILSON, of Iowa. · I now ask that the resolution referred to 

be ta.ken up in order that I m'hy submit some remarks to the Senate 

in pursuance of the notice already given. 

The PRESIDENT pro tempore. Pending the bill .in relation to the 

count of the Presidential vote, the Senator from Iowa moves the adoption of a resolution which will be read. 

The Chief Clerk read the resolution submitted by Mr. WILSON, of 

Iowa, December 9, 1885, as follows: · 

Resolved, That the Secretary of the Interior be, and hereby is, directed to com- municate to the Senate a copyofe.ach report made by the Government directors 

of the Union Pacific Railroad Company, from date of first appointment of such 

directors to the present time. 

Mr. WILSON, of Iowa. 1\lr. President, the purpose of this resolution is to put the Senate in possession of each and all of the !eports that 

have been made by the Government directors of the Union Pacific Railroad Company, in order that t'!tey may be printed in convenient form for use when we eome to the consideration of measures touching the relations 

existing between that company :md others embraced in the Pacific system and the United States. That these relations have reached a stage 

when some legislative action concerning them must be taken is clearly 

evidenced by facts which transpired in this body during the Forty-eighth 

Congress. The bills which were introduced by the then Senator from 

Arkansas [~Ir. Garland] (now Attorney-General of the United States), 

by the Senator from Vermont [Mr. EDMUNDS], by the Senator from 

Massachusetts (l\fr. HoAR]; the Senator from Nebraska [Mr. VA.!.~ 

WYCK], and perhaps others, clearlyindicated the gravity of the juncture that had then been reached in the relations indicated. Some of thos~bills were referred to the Committee on the Judidary of this 

body, and it very carefully considered the subjects of which they treated, 

and made report recommending definite action thereon. Some of those 

bills have been reintroduced during the present session of Congress; 

and, doubtless, others relating to the sa.me subject will be presented for 

the consideration of the appropriate committees and for the action of 

the Senate. I do not doubt that the reports to which this resolution 

refers will be of value to us when we come to consider the general subject of the relations existing between the Government and the group of 

railroad companies composing the Pacific system. This is my reason for presenting the resQlution now before the Senate. But before asking a vote on it, I desire to submit to the Senate some observations pertinent to the reports to which it refers, and also relative to the geneml 

subject to which they and the bills I have mentioned refer. 

Mr. President, at the first session of the Forty-eight Congress the 

HouseofRepresentative8passeda bill "toamendanactentitled 'An act to 

aid in the construction of a railroad and telegraph line from the .Missouri 

River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, andotherpurposes,' approvedJulyl, 1862;also 

to amend an act approved July 2, 1864, and also an act approved Uay 7, 

1878, both in amendment of the first-mentioned act.'' When this HousC3 

bill was communicated to the Senate itwasreferredto the Committee on 

the Judiciary. After due consideration the committee reported it back 

to the Senate with an amendment in the nature of a substitute, accom- panying it with an elaborate report in writing, concluding with a recommendation that the amendment be adopted and the bill passed. On the 

30th day of January, 1885, the Senate, on the· motion of the Senator 

from Massachusetts [Mr. HoAR], proceeded to consider the bill, and the 

Senator submitted some observations explanatory of the bill and amend· 

ment. In the introductory part of his remarks he said: 

I suppose every Senator has a general knowledge of the history of the Union 

Pacific Railroad, so called, the line connecting the Eastern States at a point which was then the western extremity of compact settlement, in 1862, with the Pacific 

Ocean. Congress intended, for reasons which are very familiar and which are stated in the report, to make a great railroad line from east to west, which should 

be situated among the rail roads of the conn try, having a relation to the transportation of traffic, freight and passengers, east and west, something like that which 

the Mississippi and Missouri Rivers had north and south, and which they are to have in the future when all the land on their banks is filled with cities, farms, 

and compact settlements. That was intended to be a great, well-endowed, solvent, independent line, which would be beyond the rea<Jh of stock-jobbers or persons who were ambitious to use it for speculative ends, and which would 

bear to the commerce of the country a relation like that of the Mississippi River 

or of New York Harbor. 

This is a correct statement of the purpose of Congress, and which tho 

act of July 1, 1862, was designed to effect, and possibly no single fact in 

the legislative history of this country more sharply defines our won- drous progress than doe.s the enactment-gf that law. Only thirteen 

years had elapsed since a committee of the House of Representatives 

of the Congress of the United States had made a report to that body on the proposition of Asa Whitney to construct a railroad from Lake Michigan t.othe Pacific Ocean, in considei:ationof certain aid to be granted to _ him by the Government of the United States. The report was presented to the House on February 20, 1849. It was wholly adverse to 

the scheme. .It treated it as one entirely unworthy of serious consideration. To read that report now one is led to wonder how the public men who joined in it came to have so little knowledge of, and faith in, our country as they evinced. They seem to have had none of that intuition which ind need the pioneers to make their ventures~ theW est; 

and the report which they- made can n.ow be txbibited as one of the 

curious creations of American statesmanship. 

But its.assumed demonstration of the utter impracticability of the 

scheme was accepted as complete· by tlie House; the measure was defeated, and the statesmen of that day congratulated themselves that . they had served their country well and put au end to a folly stupendous. · And why should they not have been happy and content? For 

when we turn to the report we find most weighty reasons given in support ofits conclusions. An exhaustiveexaminationoftbesubject had 

brought the committee to the judgment that such a railroad was wholly 

impracticable; that a considemple part of the line was too high above 

the level of the sea; that the snowfall over great districts, which it 

would ·have to traverse, could but prevent its operation; thnt such a road wou1d need a large supply of fuel and ther~ was none to be had on the line; that a large proportion of the country through which it was proposed to build it was a ''perfect waste;" that it could have of 

local traffic but little, and of through business practically none; that it 

was preposterous to expect to secure for such a road either passengerS or freight passing between China, .Japan, India, Eu~;ope, and this conn~ 

try or other portions of the world; that the annual expense of opera~ 

ing such a road would exceed all of its earnings-in short, that in each 

and every featnre, from beginning to end, inside and out, the whole 

thing was the dream of an impracticable man; and Congress would 

have none of it and put upon it the seal of its disapprobation and was 

contentedly satisfied with its work. 

Thirteen years passed by, and in their movements evolved conditio~ 

which so perfectly refuted all of the statements, speculations, and ridiculous conclusions of that report that Congress placed on the statutebook ofthc country the act of July 1, 1862, for the purpose of effecting 

the object so well stated by the Senator from Uassa-chusetts in the 

words I have quoted from Lis speech in explanation of the bill we were 
1886. CONGRESSIONAL RECORD-SENATE. 409 

then considerin{?;; and thus we come to see how important it is to con- sider the possibilities of a given case as well as to study its present and 

apparent facts. But in this regard we must not give too much credit 

to the Thirty-seventh Congress over the Thirtiehll, for the former came near making a mistake which in point of the public interest might have 

been as serious as the years passed on as was the misconception of the 

latter of the facts and possibilities of the case with which it dealt ridiculous. 

When the bill which became the act of July 1, 1862, was reported 

from the committee which formulated it to the House of Representatives, it provided for a charter of incorporat.ion in perpetuity, and without reservation of power in ·congress to change it. Being then a mem- ber of the House of Representatives, it did not seem to me that so great 

power should be given without limitation; and so, when the bill came up for consideration, I said: 

If this bill shall pass there will be conferred upon this corporation an im- mense power, and it will be not only a commercial power but also a political power in this GQvernment. The amount in lands and bonds that we propose to donate to this corporation-for it really amounts to that-for the purpose of en- abling it to build this road will give it immense importance and power. And 

for the purpose of holding a more decided check upon the organization, I would 

amend the last section of the bill so as to retain in Congress the reserved rights to repeal this act and take away from the compnuy all the right, privileges, and 

franchises hereby conferred. I think that is a check which should be retained 

by the Government upon a corporation ofthis magnitude. It is ou:r duty to guard the people against any such concentration of power as a corporation of this mag- nitude would possess uncontrolled by anycheckofthelaw-making power upon them.-Congressional Globe, second session Thirty-seventh Congress, page 1705. 

The result was a modification of the bill reserving the power to '' add 

to, alter, amend, or repeal" the act. But for this reservation of power 

the act of May 7, 1878, commonly known as the " Thurman act," could 

not have been enaeted and enforced. That act e:xpre!)Slyprovides in the 

last section thereof: 

That each and every of the provisions in this net contained shall severally and 

respectively be deemed taken and held asia alteration and amendment of said ad of1862 and of said act of1864, respectively, and of both of said acts. 

.And the Supreme Court of the United States in the sinking-fund cases, 

in which it held the Thurman act constitutional, said: 

Congress not only retains, but has given special notice of its intention to reta in 

full and complete power to make such alterations and amendme.ats as come within the just scope of legislative power . 

.And but for this reservation of power we would now be powerless to 

enact and have enforced any such legislation as was attempted during 

the Forty-eighth Congress. For"it matters not what opinions we may 

bold relative to the power of Congress to amend, alter, .or repeal special 

charters, we know what the Supreme Court has decided in that regard, 

and that to the courts we must look for the enforcement of the laws 

that Congress may enact. 

The Thurman act was well intentioned and has done some good in 

respect of protecting the public interests. But I think a mistake was made in the theory of that act. I think that the sinking ftmd should 

have been established for the benefit of the Government. The subject 

had been considered and reported on by the Government directors of the 

Union Pacific Railroad Company before Judge Thurman moved in the 

matter. From 1869 to 1878 I was a member of the Government branch 

of the directors of the. company, and it so pleased my colleagues to impose on me the duty of preparing the reports which we annually made 

to the Secretary of the Interior. We gave definite study to the subject 

of a sinking fund, and presented a scheme for one in our report for 1876, 

and again treated of it more elaborately in the one for 1877, from which 

I quote as follows, namely: 

The plnn suggested by the Goverumcnt directors in their report for the year 1876 is believed to be a practicable one, which, if adopted, insures absolutely a full return to the Government of every dollar of its investment in the road. 

That plan differs from all others that have been proposed by the company in two important respects: It proposes to reta.in the one-half transportation and 5 per ce~. modes of payment now provided for, and a termination of the sinking fund at the maturity of the bonds, and security for the remainder due_ and 

unpaid at that time, the same to be discharged at the rate of not less than one- tenth per annum. A further con ideration of the subject has led the Govern- ment directors t{) the conclusion that the said plan can be modified to some ex- t-ent without being unduly burdensome to the company in the conduct of its 

affairs, and short-en the time for the full reimbursement of the Government. 

The amount of bonds issued to the company by the United 

States is .......................................................•............................... $27,235, 512 00 Interest on the same at 6 per cent. for ti1irty years........................ 49, IY-!6, 000 00 

Total at maturity of bonds ..................... ..... : .................. ..... : 76,262, 5l2 00 Presuming that the United States will receive a judgment on the basis of it.s claim in the pending 5 per cent. suit, and estimating upon like basis 5 per cent. of net earnings from commencement of suit to June 30, 1877, the Government will receive from t-hat source to said date about ........................... ...... $2,250,000 00 

And will have paid to said date by one-half trans- portation about......... ............................................... 4, 273, 705 30 

Or a total of...... .................................... ....................................... ...... 6, 523, 705 30 

Leaving a total remainder of.................. ........................................ 69,738, 806 70 

Estimating the annual average arising from half transportation 

and 5 per cent .. , on the basis clnimed by the Government in the 

pending suit for the remainder of the term at 1,000,000, we have a t<>tal from these sources of .... :.................................................... 20,000,000 00 

Leaving n. balance due the GQvcrnment at the maturity oithe 

bonds of................................. ...... ................................................ 49, 738, 806 70 

llow can the payment of this large amount be provided for? It will not be 

due, under the law as construed by the Supreme Court, until the maturity of 

the bonds, when there will also be due the first-mortgage bonds, amounting to $27,232,000, or a total of $77,070,806.70 . . This is a sum beyond possibility of payment in money without refunding at date of maturity. And the additional practical facl exists that the the first-mort- gage bond.q have precedence of the Government lien. The holders of the firstmortgage bonds are amply secured. The GQvernment alone is in danger of loss. 

Can this danger be avoided? The Government directors think it can be. The 

establishment of a sinking fund is a practicables cheme, and opens a way out of 

this difficulty. A sinking fund, established on the basis of semi-annual payments of $500,000 

each, commencing on the 1st of January, 1878, compounded at the rate of 6 per cent. per annum for the term of twenty years, or until the maturity of the bonds, 

would give a total result to be applied to the payment of the Government claim 

of $40,418,256.86 and leave still due the Government $9,320,549.84. This balance 

could be discharged either by the plan suggested in the report of last year, or ·by the simple operation of the half transportation and 5 per cent. of net earn- ings, as now provided by law. The adoption or such a plan of adjustment as is here outlined by the Government and the company, with the approval of Con- gress, would render the payment of the principal and interest of the bonds advanced by the Government absolutely certain. It would be useless to exact more than the company can perform; and it is not unjust to require so much as it can comply with without e1pbarrassing its affairs and depriving the owners of the property of a fair return in form of dividends on the capital invested. It is believed that the company can accept and perform the plan here presented. 

The net earnings for the year ending June 30, 1877, were ............... $8,317,091 58 

Annual interest, first-mortgage bonds. is ....•...•...••...•........ $1,633, 920 Annual interest, sinking-fund bonds, is............................ 1, 146,080 

Annua.l interest, land-grant bonds, is........... ..................... 586,180 

Annual interest, bridge bonds is ........... ........................ ... 182,320 

Six per cent. dividend on capital stock, $36,762,300, is ........ 2, 205,738 

Estimated average amount to Government from half 

transportation and 5 per cent. of net earnings............... 1, 000,000 ---- 6, 754, 238 ()() 

Leaving a balance over for contingencies, extraordinary betterments, &c., of ..................................................................................• 1, 562, 853 58 

The company's statement of earnings on account of Government earnings for 

the year ending June 30,1877, is as follows, namely: . · 

~~~ :~?t~:::::::::::::::::::::::·.:::::::::::::::::::::::::·.::::·::::::: :::::::::::::::::::::::::::: ~~:~ ~ For freight......................................................................................... 402,756 42 

Total. ......................................... ............................................... ; 1, 330, 984 09 

Of this amount the Government is entitled to retain one-half for its 

reimbursement, under existing law................................................ 665,492 04 

Amount of 5 per cent. of net earnings for the year, as hereinbefore 

estimated.............................. ......................................................... 329,240 91 

994,732 95 

This is within a fraction of the foregoing estimate of the yearly average for 

the next twenty years. But the account, as charged up for the transportation 

of the mail, rests upon a basis not agreed to by the Government, and the ac- counting officers of the Treasury will doubtless reduce the amount charged to an allowance considerably below the claim of the company. A full statement of the controversy between the Government and the company is given hi the 

report of t.lie Government directors for the year 1876. If, from any cause, the 

estimated average aforesaid should be exceeded, the result will be advantageous to the Government, a.s it will more speedily receive its reimbursement. The 

increase in the business, both for the Government and th.e general public, which 

will as certainly come in the future as it has in the past, will surely maintain 

the average stated. -

This scheme, had it been adopted, would have extinguished the Government lien at maturity of the longest t~rm bonds"issued to the com- pany. But some objected that Congres'3 had no right to appropriate 

the revenues of the company in this way~ and insisted that the first 

mortgage bondholders would object and restrain such an application of 

the funds which should go to them. They had no ground for such 

objection, and could not have interfered with the sinking fund. The 

property subject to the lien of the first mortgage was ample to secure the bonds, the interest on them was regularly paid, an!J the holders 

could have no ground of complaint while such conditions should con- tinue to apply. A. fund thus created for the benefit of the Government 

would have made it the interest of the managers of the company to 

provide for the 1_::1yment of interest on the first mortgage bonds; for a 

default in that respect would have endangered their own personal and 

private interests in the company and its affairs. It would have caused 

tllem to be moi:e circumspect in applying the funds of the company to 

other enterprises, and might have enforced a reform in the management 

of its affairs, which was frequently urged bythe Government directors. 

As early as 1872 the Government dhectors called the attention of 

the Secretary of the Interior to the diversion of the funds of the Union 

Pacific Company to other enterprises, and in their report for 1877 re- marked upon the subject as follows, namely: 

Upon the subject of the aid extended by the Union Pacific Company to other 

companies, the Government directors, in tbeir report for 1873, remarked: 

""\-Vith regard to the advances which the Union Pacific Company has made in 

aid of the roads mentioned, we can but repeat what we said in our report of 

1872: ''Ve do not question the wisdom of a policy which tends to secure to the 

trunk line the business which the said several roads may command. It could not well afford to have said business diverted from it. The policy, however, 

should be so ordered as not to interfere with whate,•er present or future claim 

the Government may have for reimbursement.' The aoility of the company to make the ad,·ances referred toO shows tha.t it could have returned more to the 

Government than it has, and raises the question of the power of the company to divert its means into channels not authorized by the law." 

The total advances made, and the companies aided, appear in the following 

table and those in last year's report: . Investment in Summit County Railroad Company: $l3!,500bonds; 622 shares 

fuJI-paid stock: 2,759 shares assessable stock, and valuable coal-lands. Estimated value and cost, ~.000. 

Colorado Oentral Railroad has been aided to the extent of ...........• $1,610,497 86 

Credits secured by Union Pacific Raill·oad Company..................... 767,156 20 

Balance, without interest .........•.•.•....................................... 843,341 66 
410 CONGRESSIONAL RECORD-SENATE. J .ANU.ARY 5, 

The investments in the Utah Central, Utah Southern, and Utah Northern Companies have not been increased during the past year, and remain as stated in the report of the Government directors f.or the year ending June 30,1876. The statement of investments in the Republican Valley Railroad has not yet been received, and will not be in time to be embraced in this report. The Union PacificCompany'sinvestmentinthisroadisregardedasasafeandremuneratiYe 

one, as very considerable aid has been secured from the counties into which it has been constructed, and the country wtll supply it with a large local business. The Utah Central, Utnh Southern, and the Colorado Central are t.he most im- pmiant of t.he roads aided. These, nnd the Utah Northern, are reported quite 

fully in the reports of the Go\-ernment directors for the years 1872,1873, and1876. The Republican Valley road in Nebl"a ka. and the SummitCountyrond in Utah invol•e inyestments of more recent date. Aid to other roads is in contemplation by the company; one to the Black Hills region, and one to secure the business of 1\Iontano.. The Government directors believe that this policy of the company should at n.ll times be held subordinate to its obligations to the United States. 

If the Government bud given due attention to the information thus 

furnished by its directors, and Congress had availed itself of the reserved power to alter, amend, or repeal the charter of the company by 

the enactment ofpro'\"isions of law re!!lllating such uses of the means 

of the corporation, and requiring the delivery to it of the securities rep-

. resenting the diverted funds, the peril of public loss on account of the 

bonds L~ued in aid of tho construction of the main line Of road would 

not now be near so great as it i . But nothing was done by Congress, 

and the company went on with its own policy until, as shown by the 

report of the Government directors for 1884, it has invested its money 

in and exteuned its credit to twenty branch lines, aggregating some 

2,825 miles, and holds bonds of the several companies amounting to n. total of$22,29~,000, and oftheir stock 33,020,700, against an aggregate of bonds issued by the e>eral corporations of 41,399,000, and of 

stock 41,465,100; and concerning these securities the said report remarks as follows, namely: · 

All the stocks and bonds reported ns lhe property of the Union Pacific are stated to be held absolutely and not pledged or hypothecated by the company except in three or four practically unimportant instances. 

Is not this n. most significant and pregnant fuct? And does it not 

suggest that a corporation which can hold as its own property, tiDpledged and unhypothec.c'tted, 55,319,700 of the securities of other 

companies could ha>e done more than it bas toward meeting its pe-

.;unbry obligations to the Government, and tlu'\t it might very well 

have met proftlptly the requirements of the sinking fund act of May 7, 

1878, and that, too, without obstructing its administration by the interposition of e>ery technicality the ingenuity of its counsel have been 

able to invent? And does it not further suggest that a present exercise of the reserved power of Congress to amend, alter, or repeal the 

charter of the company might well be had for the better security of the 

GoYernment in a manner very difrerent from that proposed by the bill 

reported during the last Congre~s, and that, too, without placing at 

any enlarged hazard the interests of innocent holders of the proper securities of the Union Pacific Company? 

Another subject vitally connected with the best interests of the compm1y and, consequently, closely allied with the Government's pecuniary risk in connection therewith, attracted the attention of the Government directors early in the series of years of my service in that capacity. This was the localization oftheexecutivemanagement of the 

company and its road. We ga-ve close study to the subject, and in our 

report for 1872 embodied the following observations, n.:'lJllely: · 

Tl1e heads of several deptu-tments, such as general superintendent, general 

freight agent, &c., do not seem to possess the full powers legitimately belonging to them, and if they did each would have quite enough to do in his respective de- part.Jnent without looking after duties that pertain to the executive powers of the company. The executive power is held in New York and Boston. Those clothed with it seldom visit the line of the road. While this remains the case there will continue to be that lack of information relative to, and grasp of the facts and data concerning, the real sources of business from which the greater 

proportionate increase of enrnin~s should be derived, which now forms a just 

ground of complaint. It i one thmg to manage the through business of this line, to c:u~ for the general financial interests of the company, and handle and care for its securitie on the market; but it is quite a different thing to grasp the sourees of its local traffic, and to develop them into ever-increasing streams of reYenue. The former can be done in New York and Boston. The latter can only be accomplished on the line by officer clothed with official executive power. We arenotdispo ed to be captious. 'Vehave nodesiretotread upon even debat- able grounds. We have no suggestions to make tending to deprive the stock· holders of the railroad company of their just and pToper powers; but it seems to us a duty, in view of the great pecuniary interest the Government has in the road, and the benefit which IIUty accrue to it and all concerned to suggest that some reasonable and prudent steps be ta.ken,eithe1· by the voluntary action of the company, or, that failing,-by prudent legislation, which shall carry the prac- tical executive management of the Union Padfic Railroad to the field of it.s local operation. 

In the report of 1873 we again urged attention to this subject in language which I here quote, namely: 

The safety of the Government's investment depends on the future of the road; and we cn.n not urge too strongly that some means be devised for a.loc.."l.l- ization of the executive power of the company. Once this is effected, a multi- tude of obstacles which now retard and obstruct the development of business throughout all of the vast region of country would disapperu·, for it needs but an 

acquaintance with them by persons charged with the responsible executive power of the company for them to be removed out of the way. 

.Again, in our report for the year 1 74, we gave further expression to our views as follows, namely: 

We do not hesitate to reaffirm the opinion expressed in former 1·eports of .the Government directors, that the Union Pacific Railroad, with a. localized business management, with proper and sufficient power, can be made to meet a.ll of the liabilities which t·est upon it. including every dollar which the Go'I'"- Nnment has invested in it. Our study of the road, of its ability to develop 

business in the country through which it passes and in regions tributary to the line, and of the possible large increase in volume of through traffic, both do- mestic and f\reign, only confirm ns in the beUef that the rond can be made to pay in the fnlle t sense that its obligations m.ny require. 

.And in concluding that report we said: 

As a national investment, we believe that the Union Pacific Railroad, with our suggestion effected, will pay. We leave the results with tho e who under the existing laws of Congress a.nd such ::o.mendments as may be enacted, b';vethepower to direct us in our duties. 

Still nothing was done in the matter of remedying this great defect 

in the company's affairs, either by the action of the corporation itself 

or by means of additional legislation by Congress, and the Government 

directors, in their report for 1884, refer to this subject, and a,fter quoting from the report of 1872, a..s already read by me, .Proceed to comment as follows, namely: 

Strange as it mny app ar in the light. of subsequent events, these suggestions were in no wise acted upon until in 188!, when the very results predicted were discovered to have occurred in the extremely unsatisfactory condition of lhe company's affairs. Policies had been inaugurated, acts directed, and purpose accomplished which had not bad the sanction of the local management, while the element of intelligent "local executive power and authority reposed on the line of the road" was wanting. So largely, if not entirely, because of the ab- sence of that mutual fnn"lilinrity with the actual concerns and requirements of the road, which it was the duty of the executiye as well as loc..'\1 management to have had, pra(ltice had been permitted to grow up which a conscientious, 

efficient, and well-informed directory should have prenmted-practices of in- calculable detriment eventually to the road. 

I do not doubt, and no one who from personal contact with the conditions and careful study of the facts involved has come to an understanding of the case can doubt, that an enforcement of the policy outlined in said reports; but which -we, as Go>crnment directors, had no 

power to effect, would have placed before us results very difterent froru 

those which we are now considering. E"VerymanofpraeticaJ. business 

experience, especially in theline to which this case belongs, will at once 

admit this propo ition, aud concede the correctness of the obser~ations 

which I have quoted from the reportof 1872; and when Senators come 

to consider the foregoing relation of facts, they will not wonder that the 

Government directors came to believe that they might with propriety 

remark concerning the inattention accorded to their suggestions. This 

theydidin the reportforthe year1877, and which closed the series prepared during my several terms of service as a Government director. 

In that report we made the following observations touching this matter, . 

namely: . 

.All or part of the GoYernment directors ha>e made at least annuai visitations of the entire line of the road. They ha"Ve mude annual reports to the Secretary of the Interior, in which they h..'l.Ye endeavored to give full expositions of the road, its condition, of improvements needed and of improvements made, of the things possible to be realized from it, of the policies of the company, of contro- verted questions bolh a to accounts n.nd management of the property of the company, of disagreements as to the construction of the laws governing there- lations and determining the rights of the Government and t.he company. Indeed, it may safely L>e stated that not o. que tion of controversy between the Government and company h.a e caped mention in one or more of the re- ports. The report from 1871 down to and including the one for 1876, and exclu- ding the pre entone, reduced to print in the ordinary executive-documentform, would co¥er nearly or quite one hundred and fifty pages. They are filled with information in general and in detail, derived, in great part, from personal con- tact with the subjects treated of, and made with a purpose to haye them as exact as such document can be made. The filing of these reports bas been, practically, their end. In many instances important recommendations have been made, with a view to the better management of the property, its business and affairs. They have rested with the reports. 

I regret that these reports in some convenient form are not now in 

the possesc:>ion of Senators; for if they were each of you would find that 

the characterization given to them in the quotation I ha.ve just read is 

fully sustained by their contents. And this constitutes one of the 

reasons why I desire the adoption of the resolution now before the Senate. Those reports a.re necessary to a. full comprehension of the case on 

which we may be called to legislate. They will cast no little light on 

thevarious questions and moyementswhich have evolved present complications. 

l\Ir. President, it may be suid that this is all of the past. This is 

most true; but I want the Senate and the country to see how many 

.warnings there are in that past concerning the possible happenings of 

the very facts involved in the case which we are soon to consider. I 

agree that we must now take it as we find it, and that no demonstration of the mistakes or neglects of the past can change the case as we 

now have it. I agree that we have a hard case to handle, and yet it 

does not discourage me. The Thirtieth Congress, as! have shown, misunderstood the case it bad in hand. The Thlrl;y-seventh Congress came 

near launching a. perpetua,l charter without any reservation of power 

to alter, amend, or repeal the same. The first case we laugh at asone 

of the curious misconceptions of public men of the possibilities of the 

country whose fortunes were committed to their c:lre. The econd, 

happily, was avoided, and we hold the power in our hands which was 

the instrument of that avoidance. Let us be sure that -we understand 

our case. Is it a hopeless one except through the operation of orne such instrumentality as orne of the bills in the Forty-eighth Congress 

provided? Suppose we take first the worst possible phase of the c.c'lse 

and look at it. This would come from defuult of the companies on their first-mortgage bonds, a foreclosure and sa.le without action by the 

Government to redeem therefrom. What would be left to the Government in that event? Nothing as a. direct method for a return of its 
1886. CONGRESSIONAL RECORD- SENATE. 411 

investment except the reservation contained in the tenth section of the 

act of July 2, 1864., which is in these words, namely: 

And the lien of the United States bonds shall be subordinate to that of the bonds of any or either of said companies hereby authorized._ to be issued on their respective roads, property, and equipments, except as to the provisions of the sixth section of the act to which this act is an amendment, relating to the trans-· mission of dispatches and the transportation of mails, troops, munitions of war, supplies, and public stoxes for the Government of the United States. 

This exception was put in the bill on my motion in the House of Representatives on June 22,1864, and the section to which it relates is the 

sixth of the act of July 1, 1862, which reads as follows, namely: 

That the grants aforesaid are made upon the condition that said company shall pay said bonds at maturity, and shall keep said railroad and telegraph line in 1·epair and use, and shall at all times transmit dispatches over said line, and transport mails troops, and munitions of war, supplies, and public stores upon said rn.ilrpad for the Government whenever required to do so by any depart- ment thereof, and that the Government shall at all times have the preference in the usc of the same for all the purposes aforesaid (at fair and reasonable rates of compensation, not to exceed the amounts paid by private parties for the same kind of service); and ali compensation for sen·ices rendered for the Government shall be applied to the payment of said bonds and interest until the whole amount is fully paid. 

This is limited to one-half of the compensation for services rendered 

to the Government by section 5 of the said act of June 2, 1864, and con- stitutes the only direct result to the Government in returnfor its grant 

of aid in the event of a foreclosure such as I have indicated. Beyond 

this the return to the Government would come from those incidental sources having relation to the tmnsportation of the mails, troops, supplies, &c., which undoubtedly would be Yery considerable. As an illustration of this I may cite a statement contained in a letter of the 

QuaTtermaster-General of the Armyl communicated to the Honse of 

Representatives on January 31, 1873; by the Secremry of War. In 

this letter there was given a calculation of the saving to the Government by reason of the construction of the Union Pacific Hailroad for a period commencing July, 1866, and ending in January, 1873. The 

statement is as follows) namely: 

At this average rate, the estimated cost of transportation of the freight moved 

by the Union Pacific Railroad, including express charges as shown above, during the time commencing July, 1866, and ending January 28,1873, would be as fol- ~~: . 

nate per 100 pounds per 100 miles, railroad rates............................. $0 4~ 

Rate per 100 pounds per 100 miles, wagon rates ............................ _.. 1 46 Actual cost of freight at railroad rates ............................................. 1, 896,589 57 Estimate of cost at wagon rates ........................................... ·······.······ 6, 837,088 32 

Showing a total estimated cost for moving the troops and supplies 

T!t~l ~T~a~~~r\~~ r~~~~d.'.'.'.'.'."::.·:::::::::.·::::::.':.:·:::::::.·.·:::::::::::::::::::::::: ~: ~: ~ ~ 

Estimated difference ................................................................ 6, 507, 282 s;) 

E)qnin1lent to about 66 per cent. 

The Postmaster-General also sent a communication to the House of 

Representatives, in which he stated that for the years 1867 to 1872, inclusive, the Government had paid to the railroad company for the transportation of the mails $1,156,138.73, and that had the road not been 

constructed it would have paid, for the same service over the routes 

merged into this one, for the same time, $1, 799,718.28. This is a sav- ing at the rate of $107,263.25 per annum if calculated on the basis of 

pounds transported by stage, and he continues his comparison &.s follows, n...'Ullely: 

It should be borne in mind that the mail service by the railroad: route be- tween the Missouri River and the ·Pacific coast is incomparably superior to the previous service. Under the contrads which expired in 1868 the schedule time for a trip from At.chison, Kans., to San Francisco, Cal., was sixteen days for eight months, from April to Noven:tber inclusive, and twenty-four and a half days the residue of the year . . By the railroad route the time the year round is less than four and a half days. The average amount of matter conveyed in the mails overland before the completion of the railroads was less than a thousand potmds per day, the paper mails being mainly forwarded via Panama in conse- quence of the exaction of prepaid letter-postage rates on such matter conveyed bet ween the western boundary of Kansas and the eastern boundary of California, nnder the fourth section of the net of 1\Iarch 25, 1861; now, that section having been •·epealed from. September 30,1868, by the act of Jrme 25,1868, the whole letter and paper mails .are carried overland, averaging, in 1\Iarch, 1870, on the Union Pacific Railroad, 6,376 pounds per day, and on the Central Pacific 5,308 

pounds per day. 

Extending these calculations for the period of thirty y~rs, the term 

for which the subsidy bonds issued by the Government run, the incide-ntal gain would just aboup equal the bond acconnt. And so it appears that in the worst state of the case that cau happen the appropriations for the Government service will be much less per annum in the 

respect indicated, even though no direct return comes to the Treasury 

after the date of the supposed foreclosure, and this shows that the worst 

position in which the Government can be placed will not be wholly 

void of compensation; and, doubtless, while this comparative statement 

is confined to the Union Pacific Company, it may be taken as substantially representing the results which would come from an application 

of the rule to the other subsidized companies in the Pacific system. 

But this is no extenuation for it or them in any case or time in which 

by fair, just, and prope:c action in the management of the business involved the contract with the Government could have been performed. 

Mr. Pre.<:lident, there is one way by which this worst case can be avoided. 

The principal of the United States bonds issued to the several com- panies included in the Pacific system -:;o aid in the construction of their 

res-p£Xti ve roads is $64,613,000. A like amount of first-mortgage bonds, 

having precedence of the Government's lien, was issued by the com- panies. Default on the latter would cause a foreclosure of the first 

mortgage. Thereis now no provision oflawwhexebythe Gove1·nment 

may protect itself if such a juncture should transpire. Such provision 

should be made. This may be done by the enactment of such ·a law as was proposed in the bill repOTted from the Committee on the Judiciary 

of this body during the Forty-ejghth Congress. Such a law would 

enable the Government to meet the exigency of a foreclosure of sn,id 

first-mortgage bonds by paying off the senior lien, and taking such other 

steps as m.lght be necessa.ry to protect itself. 

Under such a law there woUld exist the possibility of a GoYernment 

ownership of the entire Pacific system of railroads. This, in my judgment, would a...."'Sure the reimbursement of the GoYernment; for, with 

such a contingency confronting them, not onlythe companies included 

in the Pacific system would set themsehes about devising means to 

avoid the impending possession of their roads by the Go•ernment, but 

every other railro.ad company in the United States would take a lively 

interest in preventing the rea.lization of such a result. They would 

all understand that with this system of roads in Government owner- ship the problem of the regulation of interstate commercial transportation would be solved more speedily and perfectly than it can be done 

in any other way. Such a system of railroads, so managed as to be independent of the combinations, pools, and discriminating manipulation 

which vex the business oft.hecountry; would enforce reforms in ourtranspOl·tation methods most difficult to reach by our ordinary legislati \-e nnd 

iudicial modes of action. The men who manage the railroads of the 

United States understand this thing perfectly. An independent line in 

private or corporate control is not allowed to remain in that condition 

for any considerable length of time. It must combine to succeed, or fight and be wrecked. As an independent line it is a competitor, and 

is not a recognized factor in our system of railway management. This 

works harm to the general business interests of th.e counti-y in two ways. 

It prevents legitimate competition and induces the construction of unnecessary roads for mere purposes of speculation. The so-called'' Nickel 

Plate" road was built for sale rather than for legitimate operation. Its 

promoters knew that the existing lines would not allow it to enter and 

remain in the field of competition with them, and so it was built for sale. 

It was not needed for the purposes of legitimate business, and so it was used to force a sale of itself that money might go into the purses of those 

who projected i~; a,nd the burden to our inland commerce was unneces- S..'trily increased to the extent of the capital put into its construction. 

Numerous instances of this kind have occurred, and will be repeated 

until some masterful factor shall enter the field with power to command a stop to such practices. Such a factor may appear in the provisions 

of a law for the regulation of interstate commerce; but it may, and 

doubtless will, require time, experience, and amendment to enable it 

to overcome the obstacles which will be placed in its way. The railway managers know how to manipulate such a case with some assur- ance of success; but they will all admit that such a system of roads as the Pacificgroupembraces, in the absolute independence of government 

ownership and control, would at once unhorse them and force its own terms. Hence, if Congress can be brought to the resolution to provide 

for the contingency which I have suggested, and enactalaw for theredemption of said roads from the lien which stands paramount to the one which the Governmentholds, thereimbursementoftheamount due ancl 

to become due to it will thereby be as...~ed. No other result will ever 

be permitted to transpire by those who own and control the milroa.ds 

of the United States. In my opinion, we have this case in our own hands; but we will not resolve it bythe passage of any bill which does 

not embrace the features of possible redemption and Government own- ership. 

Mr. President, suppose my judgment in the respect stated should 

prove to be at fault, and that my prediction should not be verified, 

what would result? An ownership of the roads by the Government. 

What would come of this? A certain, conservatiYe, aml permanent adjustment of the transportation question. This would be worth its cost. 

I would not stay our efforts in the mean time to effect results such as are contemplated by the bills relative to the regulation of jnterstate 

commerce which may be brought to the consideration of this body. 

Let those efforts go on and accomplish all they may; for at best much 

time must pass and years be counted before this crowning act of all, 

should it at last be needed, can be reached. I can but hope that it may never be needed, for I do not take kindly to measures looking to Go•-

ernment assumption of business which may well be done by private 

individuals or by corporations under authority of and in obedience to 

law. But it seems to me that among the supreme questions demilllding resolution by the law-making power of this nation there stands in 

the very front rank the one which embraees the tra.nsportation interests 

of the country. 

It may be that the complications which attend the relations of the 

Government with the railroad companies included in the Pacific system will point the way to our ultimate deliverance, and this seems so 

probable to me that I shall be inclined to oppose any legislation changing those relations as they exist under the present laws unless the modifi.cations proposed include the elements of redemption from present 

paramount liens and possible ownership by the Go\ernment of the Pa-

-
412 OONGRESSION AL REC_ORD-SEN ATE. 

cific system of roads. I am not at all inclined to be unnecessarily harsh 

with these companies, nor to needlessly harm innocent holders of such 

of their securities as are junior to the lien of the Government on the 

properties. But these corporations have the means within their 

command to place themselves in better relations with the Government. 

Especially can the Union Pacific and Central Pacific do this. Assets 

created by a diversion of their means and credit beyond their legitimate powers are in their possession, and these they can use to better 

assure the claims of the Government without in the slightest degree 

bringing harm to themselves or endangering the interests of innocent 

holders of their securities, and until they manifest a better spirit and a more conservative purpose in the matter of their obligations to the 

Government, I prefer to hold possession of such power as we now have over them, and reserve the possibilities which I believe the case in-

. volves for such aetion as the exigencies of the future may demand. 

Now, Mr. President, if there be no Senator who desires tO speak to 

the..resoln.tion, I should like to have it passed, in order that the reports 

which it calls for may be communicated to the Senate at the earliest 

practicable day. 

The PRESIDENT pro tempol'e. The question is on the adop"tion of 

the resolution. 

Mr. HOAR. Let the resolution be reported again. 

The PRESIDENT pro tempore. The resolution will be read. 

The SeCI·etary read the resolution, as follows: 

Resolved, That the Seocetary of the Interior be, and hereby is, directed to com- municate to the Senate a copy of each report made by the f'r<>vernment directors of the Union "Pacific Railroad Company from date of first appointment of such directors to the present time. 

The PRESIDENT pro tempore. The question is on agreeing t<> the 

resolution. 

The resolution was agreed to. 

ROU:ND V~LEY ;RESERVATION IN CA~IFORNIA. 

Mr. HALE. I move that the Senate proceed to the consideration of 

executive business. 

The PRES[DENT pro tempore Before that question is put the Chair 

will by before the Senate a message from the President of the United 

States. 

The message was read, and referred to the Committee on Indian Affairs, and ordered to be printed, as follows: 

To the Senate and House of Representatives: 

I transmit herewith a communication of the 19th ultimo from the Secretary of .the Interior, submitting, withaccompanyingpapers in relation thereto, a. draught of a. bill "to provide for allotments of lands in severalty to the Indians residing upon the Round Valley reservation, in the State of California, and granting pat-- ents therefor, and for other purposes." The matter is presented for the. early consideration and action of Congress. GROVER. CLEVELAND. EXECUTIVE MANSIO~, January5,188G. . 

JUDICIAL SALARIES. 

Mr. HOAR. I clesire to inquire of the Chair whether the judges 

B!l.lary bill stands as the unfinished business. 

The PRESIDENT pro tempore. The unfinished business is the bill 

fixing the salaries of the several judges of the United States district 

courts. The Chair will lay it before the Senate as the unfinished business. The bill will be read by its title. 

The CHIEF CLERK. A bill (S. 6) :fixing the salaries of the several 

judges of the United States district courts at $5,000 per annum, and 

for other purposes. EXECUTIVE SESSION. 

Ur. HALE. I renew my motion. 

The PRESIDENT p1·o tempo1'e. The Senator from Maine moves that 

the Senate proceed to the consideration of executive business. 

The motion was agreed to; and the Senate proceeded to the considcrat.ion of executive business. After one hour and seventeen minutes 

spent in executive session the doors were reopened, and (at 4 o'clock 

and 52 minutes p. m.) the Senate adjou.nled. 

EXECUTIVE NO~HN ATIONS. 

Receiped tMs 5tlt day of January, 1886. 

ASSOCIATE JUSTICE. 

Orlando W. Powers, of .Michigan, to be associate justice of the supreme 

court of the Territory of Utah, v-ice Philip H. Emerson, resigned. 

SUPERVISIXG INSPECTOR OF STEAM-VESSELS. 

James Curran, of Uarylarrd, to be supervising inspector of steam-vessels tor the third district, in place of John Meushaw, suspended. 

SURVEYOR OF CUSTOl\IS. 

Wiley J. Tinnin, of California, to be surveyor of customs for the port 

of San Francisco, in the State of California, in place of John M. Morton, 

suspended. 

COLLECTOR OF CUSTOMS. 

John J. Hjggins, of Mississippi, to be collector of customs for the 

district of Natchez, in the State of. :Mississippi, in place of Joseph B. 

0' Brien, designated iu place of .A.nselum Neuberger, suspended, during 

the recess of the Senate, and who himself has since resigned. 

CONSULS. 

H. U. Jewett, of 1\blden, Mass., to be consul of the United States at 

Sivas. 

Willis Y. Patch, of Bangor, :Me., to be consul of the United States 

at St. Stephen, New Brunswick, to fill a vacancy. 

William H. 1\IcArdle, of Mississippi, to be consul of the United 

States at San Juan del Norte, vice William A. Brown, suspended. 

POSTMASTERS. 

Andrew J. Hill, to be postmaster at Hot Springs, in the county of 

Garland and State of Arkansas, in the place of Isaac W: Carhart, whoso 

commission expired December 20, 1885. · 

Susman 1\fitchell, to be postmaster at Visalia, in the county of Tularo 

and State of California., in the place of Lloyd V. Nanscawen, whose 

commission expired December 20, 1885. 

R. E. Goodell, to be postmaster at Leadville, in the county of Lake 

and State of Colorado, in place of Carlyle C. Davis, whose removal, for 

cause, is lrereby proposed. 

M.arie Hollingsworth, to be postmaster at Silverton, in the county of 

San Juan and State of Colorado, in the pl~e of' Thomas Chestnut, resigned. 

G. G. Shaver, to be postmaster at Canon City, in the county of Fremont and State of Colorado, in the place of James W. Bolby, who~o 

commission expired December 20, 1885. . Edward C. Brownell, to he'postmaster at Moodus, in the county of 

Middlesex and State of Connecticut, ill the place of L. D. F. Gates, the 

appointment of a postmaster for the office having, by law, become vested 

in the President from and after July 1, 1885. 

D. W. Northrup, to be postmaster at Middletown, in the county of 

Middlesex and State of Connecticut, in the place of Bartlett Bent, whose 

commission expired December 20, 1885. 

Joseph Dunham, to be postmaster at Geneseo, inthecountyof'Henry 

and State of illinois, in the place of Solon Kendall, whose commission 

expired December 15, 1885. 

Miles J. Finlen, t<> be postmaster at Streator, in the county of La 

Salle and State of Illinois, in place of Francis M. Ryon, suspeuded under the provisions .of section 1768 of the Revised Statutes of the United 

States. 

John C. George, to be postma-ster at Dwight, in the county of Livingston and State of Illinois, in the place of Homer A. Kenyon, whose 

commission expired December 20, 1885. 

Daniel W. Gould, to be postmaster at .Moline, in the county of Rock 

Island and State of Illinois, in the place of L. E. Hemenway, whose 

commission expired December 15, Ul85. 

James Haines, to be postmaster at Pekin, in the county of Tazewell 

and State of Illinois, in the place of Richard D. Smith, whose commission expired December 20, 1885. 

Thomas Hennebry, to be postmaster at Braidwood, in the county of 

Will and State of Illinois, in the plaee of Robert Huston, resigned. 

Robert McNeil, to be postmaster at Rock Falls, in the county of 

Whitesides and State of Illinois, in the place of James Pettigrew, whose 

commission expired December 20, 1885. 

John Westermeier, to be postmaster at Carlinville, in the county o1 

Macoupin and State of Illinois, in the place of Cyrus T. Prouty, whose 

commission expired December 20, 1885. 

William H. Bennett, to be postmaster at Bluffton, in the county of 

Wells and State of Indiana., in the place of Samuel J. Keller, resigned. 

Denis Eagan, to be postmaster at Liberty, in the county of Union 

and State of Indiana, in the place of Charles W. Stivers, resigned. 

James F. Elder, to be postmaster at Richmond, in the county of 

Wayne and State of Indiana, in the plue of James Elder, deceased, 

who was appointed November 9, 1885, in the place of Edwin D. Palmer, 

suspended under the provisions of section 1768 of the Revised Statutes 

of the United States. 

John R. Smith, to be po3tma.ster at Kendallville, in the county of 

Noble and State of Indiana, in the place of James Nellis, whose com- mission expired December 20, 1885. 

H. P. Albert, to be postmaster at Stuart, in the county of Guthrie 

and State of' Iowa, in the place of W. P. Moulton, whose commission 

expired December 16, 1885. . A. P. Cramer, to be postmaster at Avoca, in the county of Pottawattamie and State of Iowa, in the place of Jonas B. Blake, resigned. 

Thomas H. Lantry, to be postmaster at Algona, in the county of 

Kossuth and State of Iowa, in theplaceofRobertH. Spencer, resigned. 

Albert E. Nau, to be postmaster at Pittsburg, in the county of Crawford and State of Kansas, in the place of Augustus J. Georgia, resigned. 

Camille Moliere, to be postmaster at Donaldsonville, in the county of· 

Ascension and State of Louisiana, in the place of Louis Leforte, whose 

commission expired Decemb_er 20, 1885. . · 

.A.i J. Rowe, to be postmaster at Norway, in the county of Oxford 

and State of Maine, in the place of Alonzo J. Nevers, whose commission expired December 30, 1885. 

Philip E: Brady, to be postmaster at Attleborough, in the county of 

Bristol and State of Massachusetts, in the place of Abijah T. Wales, 

whose commission expired October 14, 1885. 

Isaac Collins, to be postmaster at Adams, in the county of Berkshir~ 
1886. CONGRESSIONAL RECORD-HOUSE. 413 

and State of Massachusetts, in the place of John E. Mole, whose com- mission expired December 20, 1885. 

Charles C. Cressy, to be postmaster at Gloucester, in the county of 

Essex and State of Massachusetts, in the place of David W. Low, 

whose commission expired December 20, 1885. · John H. Hamlin, to be postmaster at Eaton Rapids, in the county of 

Eaton and State of Michigan, in the place of H. M. Hamilton, whose 

commission expired December 20, 1885. 

Joseph L. Richards, to be postmaster at Buchanan, in the county of 

Berrien and State of Michigan, in the place of L. P. Alexander, whose 

commission expired December 20, 1885. 

Francis Baasen, to be postmaster at New Ulm, in the county of Brown 

and State of Minnesota, in the place of Joseph Bobleter, whose com- mission expired December 15, 1885. 

George L. Phillips, to be postmaster at Bethany, in the county of 

Harrison and State of :Missouri, in the place of James M. Simms, re- signed. 

William A. Wight, to be postmaster at Moberly, in the county of 

nan dol ph and State of Missouri, in the pla-ce of William Firth, resigned. 

W. T. M:{;Qinnis, to be postmaster at Minden, in the county of Kearney and State of Nebraska, in the place of John W. Gordyn, resigned. 

John F. Walsh, to be postmaster at Humboldt, in the county of 

Richardson and State of Nebraska, in the place of Edgar S. Norton, re- signed. 

Arthur W. Bronson, to be postmaster at Clinton, in the county of 

Oneida and State of New York, in the place of Benjamin F. Libbey, 

whose commission expired December 20, 1885. 

Millen T. Hill, to be postmaster at Gowanda, in the county of Cattaraugus and State of New York, in the place of B. G. Hill, resigned. 

Calvin S. S~well, to be postmaster at Olean, in the conuty of Cattaraugus and State of New York, in the pla-ce of Wilson R. Page, whose 

commission expired December 20, 1885. 

Julius Wasserman, to be postmaster at Amsterdam, in the county of 

Montgomery and State of New York, in the place of William J. Kline, 

whose commission expired December 20, 1885. 

D. C. Hill, to .be postmaster at Painesville, in the county of Lake and 

State of Ohio, in the pla-ce of Jonathan F. Scofield, resigned. 

T. W. Long, to be postmaster at Cardington, in the county of Morrow 

and State of Ohio, in the place of George W. Bell, resigned. ·william R. Dawson, to be postmaster at Tidioute, in the county of 

Warren and State of Pennsylvania, in the place of James C. Long, whose 

commission expired December 20, 1885. 

A. J. Greenfield, to be postmaster at Oil City, in the county of Venango and State of Pennsylvania, in the place of Fid Bishop, whose 

commission expired December 20, 1885. 

Julian Field, to be postmaster at Fort Worth, in the county of Tarrant and State of Texas, in the place of Belle :M. Burchill, whose com- mission expired October 19, 1885. 

R. L. J emmings, to be postmaster at Marshall, in the county of Harrison and St.ate of Texas, in the place of William C. Pierce, whose com- mission expired October 24, 1885. 

Mrs. L. S. McPherson, to be postmaster at Sherman, in the county 

of Grayson and State of Texas, in the place of John Donaldson, whose 

commission expired December 20, 1885. 

James E. Shepard, tp be postmaster at Brenham, in the county of 

Washington and State of Texas, in the place of John W. Hacksworth, 

whose commission expired December 20, 1885. 

William C. Browe, to be postmaster at Salt Lake City, in the county 

of Salt Lake and Territory of Utah, in the place of John T. Lynch, 

whose commission expired December 20, 1885. 

Frederick W. Childs, to be postmaster at Brattleborough, in the 

county of Windham and State of Vermont, in the place of Charles H. 

Mansur, whose commission expired December 20, 1885. 

Harvey M. Brown, to be postmaster at Columbus, in the county of 

Columbia and State of Wisconsin, in place of John Swarthout, whose 

commission expired December 16, 1885. 

Joseph Osthelder, to be postmaster at Sheboygan Falls, in the county 

of Sheboygan and State of Wisconsin, in the place of Cha.rles A. Spencer, resigned. 

A. W. Weisbrod, to be postmaster at Oshkosh, in the county of Winnebago and State of Wisconsin, in the place of Henry B. Harshaw, whose 

commission expired December 15, 1885. 

NOMINATION WITHDRAWN. 

John G. Lee, to be secretary of the legation of the United States at 

Constantinople. . 

HOUSE OF REPRESENTATIVES. 

TUESDAY, January 5, 1886. 

TheHousemetat12o'clockm. PrayerbytheChaplain, Rev. W. H. 

MILBURN, D. D. 

The Clerk proceeded to read the Journal of .M:onday, December 21, 

1885. . 

:Mr. LORE. Mr. Speaker, I ask unanimous consent to dispense with 

the reading of so much of the J onrnal as relates to the introduction and 

reference of bills and joint resolutions. 

There was no objection, and it was so ordered. 

The Clerk then resumed and concluded the reading of the remainder 

of the Journal, which was approved .. Mr. NICHOLAS MULLER, a Representative-elect from the State of 

New York, appeared, qualified, and took his seat. 

JOSEPH RA WICZ. 

The SPEAKER laid before the Honse a letter from the Secretary of 

State, transmitting letters of Joseph Rawicz, United States consul at 

Warsaw, Poland, and recommending the passage of a bill granting him 

permission to accept certain decorations conferred by the Russian Government; which was referred to the Committee on Foreign Affairs, and . 

ordered to be printed. 

ADDITIONAL MAIL-ROUTES, ETC. 

The SPEAKER also laid before the Honse a letter from the Postmaster-General, transmitting reports of mails established, of additional 

allowances made to contractors, of curtailments in the service, of pay 

of contractors, and of all contracts for mail equipments for the fiscal year 

ending June 30, 1885; which was referred to the Committee on Expenditures in the Post-Office Department, and ordered to be printed. 

REFERENCE OF SENATE BILLS. 

The SPEAKER also, in accordance with the rules, laid before the 

House bills of the Senate of the following titles for reference, namely: 

A. bill (S. 126) to change the name of the National Bank of Winona; 

which was referred to the Committee on Banking and Currency; . A. bill (S. 471) to provide for the performance of the duties of the 

office of the President, in case of the removal, death, resignation, or inability of both the President and Vice-President; which was referred to 

the Select Committee on the Election of President and Vice-President; 

A. bill (S. 335) to provide for protecting the interests of the United 

States in the Potomac River Flats, in the District of Columbia; which was referred to the Committee on the District of Columbia; and 

A bill (S. 382) to authorize the Merchants' National Bank of Little 

Rock, Ark., to change its name to the First National Bank of Little 

Rock, A.rk.; which was referred to the Committee on Banking and Currency. 

JOINT RULES. 

The SPEAKER also laid before the House Senate resolution adopting joint rules of the two Houses; which was referred to the Committee on Rules, and ordered to be printed. 

LEAVE OF ABSENCE. 

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

for six days and to Mr. OATES for four days, on account of important 

business. 

WITHDRAWAL OF P APE:RS. 

On motion of Mr. WHITE, of Pennsylvania,, by unanimous consent, 

leave was granted to withdraw from the files of the House the petition 

and all papers of Mrs. James H. Reynolds, widow of James H. Reynolds, a sutler in the Seventy-eighth Regiment Pennsylvania Volunteers, no adverse report having been made thereon; and also to withdraw from the files of the Honse the petition and all papers in the 

claim of Dr. W. S. Hancock, late of the Seventy-eighth Regiment Pennsylvania Volunteers, there being no adverse report. 

ORDER OF BUSINESS. 

The SPEAKER. Under the order of the Honse, made by unanimous consent, the Chair will now proceed to call the States and Territories for the introduction and reference of bills and resolutions. 

LUCIE...~ GOYAUX. 

Mr. GAY (by request) introduced a bill (H. R. 990) for the relief of 

the es-t.1.te of Lucien Goyaux; whic~ was read a first and second time, 

referred to the Committee on War Claims, and ordered to be printed. 

ABOLITION OF CERTAIN SHIPPING FEES, ETC. 

:Mr. DINGLEY (hy Mr. REED, of :Maine)introduced a bill (H. R. 991) 

to abolish certain fees for offici.a,l services to American vessels and to 

amend the laws relating to shipping commissioners, seamen, and own- ers of ve els; which was read a :fir t and second time, refen·ed to the 

Select Committee on American Ship-building and Ship-owning Interests, and ordered to be printed. 

AMOS L. ALLEN. 

Mr. DINGLEY (by Mr. REED, of Maine) also introduced a bill (H. 

R. 992) for the relief of Amos L. Allen; which was read a first and second 

time, referred to the Committee on Claims, and ordered to be printed. 

HOMESTEAD SE'ITLID.IENTS. 

Mr. DINGLEY (by Mr. REED, of Maine) also-introduced a bill (H. 

R. 993) to reserve the public lands of the United States for bona fule settlers under the homestead laws; which was read a first and second 

time, referred to the Committee on the Public Lands. and ordered to 

be printed. 

DRAWBACKS. 

1\Ir. DINGLEY (by 1\fr. REED, of Maine) also introduced a bill (H.