--- ,,.. ... ..,._ - ~ .,.... 

1878. CONGRESSIONAL RECORD-HOUSE. 1643 . -

Then they will be judging a.ccording to the law as we make it for 

them. 

Mr. THURl\IAN. Then why not say the Court of Claims shall decide all cases on affidavits t 

Mr. KIRKWOOD. No; the case is peculiar, I apprehend. The 

Senator from Kansas himself told us a short time ago the character 

of the men who knew about this thing, mule-drivers and stage-drivers 

an(l milit.ia soldiers and regular soldiers and bushwhackers, and God 

knows what else, who frequent such places. Yon may find them today, and a year hence you may not find one in five hundred of them. 

Be argued earnestly and strongly to a man who knows so much about 

these things as I do the utter impossibility of ever getting together 

again the testimony we now have here, .and, having shown that it is 

utterly impossible ever to get it again, w by not let it go to the Court 

of Claims! 

Mr. INGALLS. The Senator from Iowa must not do me the injustice of saying that I am unwilling to have Mr. Holladay's claim aujudicated~ I think the courageous and manly thing to do is for 

this body to take that testimony, give it the weight it is worth, and 

act in accordance with it, and not ask a tribunal organized upon 

different principles for the administration of law to violate every 

principle of evidence that governs the consideration of differences ~tween human beings. 

Mr. KIRKWOOD. II the Senator from Kansas has a controversy 

with the Committf.e on Claims upon this subject I do not wish to 

take part in it. If the Committee OJ:I. Claims saw fit to report this 

matter to the Senate on the best lights they had, I will with t.be best 

lights I can get act on their report; but they have made the report 

to us that they do not think it prudent and safe for them under the 

circumstances to pass upon the amount due this man, and that the 

Court of Claims is better constituted to do that worlr than they are, 

and having so reported I would take their report and act upon it. 

In view of the class of population that inust make up these witnesses 

if ever they are got together, if ever they can be got together, in 

view of the fu;titive character of the men who must have known if 

anybody ever did know about this case, it seems to me to be utterly 

unjust to say that after compelling this man to wait from ten to 

twelve years before he can get a hearing, then he shall be deprived 

of the evidence which he lfas procured to enable us to determine the case. 

Mr. THURMAN. If the Senate will give me its at.tentiou for ten 

minut.es-I do not think I shall occupy more-l flatter myself that I can show that this is no claim to go before a court. A court must act 

upon principles of Jaw well recognized and settled and binding upon 

it. On what principles of law does this claim rest! Upon the ground 

that the Government has violated a contract with Holladay! We are told not. On the ground that the Government is liable at law for 

the operations of enemies hostile to the Government f No such principle is known to a court. On the ground that he has, upon the order 

of a military officer who had no authority to order him and without 

any change of his contract by the Post-Office Department, the only 

Department that could change it, undertaken to carry the mail on a rlifterent route from th&.t upon which he ha-d contracted to carry it f 

Is it on that ground! There is no such principle known to a court of 

Jaw. It must say at once, "These military men had no right to order 

you off on this route and you can acquire no claim on the Government by their so doing that is known and cognizable by a court of 

law." If, therefore, you send the case to the Court of Claims, the first 

t.hing you must do is to fix the principle upon which that court shall 

adjudicate the claim, and thus make it a simple auditor like an auditor 

in a court of chancery. After the court has settled all the principles 

upon which the account shall be taken, he then ascertains the damages according to the principles thus settled. You leave to the Court 

of Claims nothing in the wide world in the shape of Jaw to decide if 

you send this bill to t.hem in any shape in which that court can take 

cognizance of it. You send it to them in this way, and what can the 

court say t They say, "We know no law applicable to this case; it 

is a simple appeal to t,he justice and equity of the Government; there 

is no principle of law that is applicable to the case, and therefore 

there is nothing upon which we can decide." I say therefore, again, 

if you send this case to the Court of Claims, you are bound in the 

first place to settle by your law the principle upon which that court 

shall proceed in estimating damages. 

That being true, this is simply an appeal to the juetice of the Government. From what I have heard I believe there is much merit in 

this claim. I mean from what I have heard this afternoon, for that 

is all I know about it. I think from what I have heard this after- noon there is much merit in this claim, and that the Government does owe something to Mr. Holladay by way of indemnity for his losses. 

But I say it is an appeal to the equity of the Government, to its sense 

of just~ce, to its sense of honor, and that is a question for Congress 

and not for a court to decide. 

In answer to what was said by the Senator from Iowa, [Ur. KIRKWOOD,] that the Committee on Claims would have to act upon affidavits, that Sena.tor ought to know that whenever that committee asks 

the Senate to give it power to send for per&ons and papers in any case of importance that power is readily granted. I therefore concur with the Senator from Kansas [lli.lNGALLB] in saying that tho right 

way to deal with this subject is to take these affidavits, and if coun- ter-proof is necessary, let the committee aak for power to send for 

persons and papers, or let depositions be taken under the general law 

of the land to be read before a committee of Congress; let that be 

done, and let the committee decide. Believing most firmly that t.h.is 

is no case for a court, I move that the bill be recommitted. 

:Mr. MORRILL. Mr. President, I am not, for one, dis poRed to arguo 

entirely against the propriety of passing some m.easure of relief for 

Mr. Holla-day; but when it is constantly asserted here that men are postponed for years ~th just claims, I want to give it as my opinion 

that there are two claims pushed through Congress by worriment that 

ought not to pass for one tbat is postpone~. 'l'his bill proposes a very 

large job for the Court of Cla.ims. It proposes three distinct classes of 

claims to be adjusted by the Court of Claims. The first is for spoliations by the Indians. I want to say that if we shall pass a bill of this 

kind we shall be immediately called upon to pass claims for other mail 

contractors that lost vast numbers of mules on the Texas rout.e to 

Arizona. Then, again, it proposes t{) adjust claims for property taken 

by the United States troops; and then again for losses of property in 

consequence of the change of the route. This is not for property tlSCd 

in the carrying of the mail, but for any property, however exposed, 

that belonged to this man; he is to have indemnity for it if it was lost, whether by his carelessness and neglect or not. If the property 

been has lost, according to the terms of this bill the court must ren- der a judgment against the Government. 

:Mr. President, I merely offered a proposition embracing these claims, 

but in a restricted form, that they should come up only where the 

Unit,ed S~ates were justly char~eable, and then that they should be 

adjudicated upon competent eVIdence. I ask to have the substitute 

proposed by me printed, in order that it may be considered whenever 

the bill comes up again. NQw, I move that the Senate a-djourn. 

The motion was agreed to; and (at five o'clock and two minutes 

p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

MoNDAY, March'll, 1878. 

The Bouse met at twel vo o'clock m. Prayer by the Chaplain, Rev. 

W. P. llARrusoN. 

The Journal of Saturday was read and approved. 

The SPEAKER. This being Monday, the first business in order i1 

the call of States and Territories commencing with the State of Maine, 

for the introduction of bills and joint resolutions for reference to appropriate committees. Under this call joint resolutions and memo- rials of State and territorial Legislatures are in order. · 

PRIVATE CALENDAR. 

Mr. MILLS. I desire to ask unanimous consent of the House that we may have night sessions on Tuesrlay, Wednesday, and Thursday, 

to be devoted exclusively to the Private Calendar. There are now some one hundred and eighty bills upon that calendar which have 

been reported, and many of them are cases which have been reported 

successfully for many years, but which have always died upon ihe 

Private Calendar. 

Mr. BALE. That motion will give rise .to some objection. Let it 

go over until after the morning hour. 

Mr. FRANKLIN. It can be disposed of now as well as after the 

morning hour. 

:Mr. HALE. It had better be postponed until after the morning 

honr. 

'l'he SPEAKER. The morning hour commences at twelve o'clock 

and eight minutes p.m. 

MANAGERS OF THE UNITED STATES HOSPITALS. 

Mr. HALE introduced a bill (H. R. No. 3741) to provid; for the fill. 

ing of vacancies in the l1oard of managers of tho United States hospitals for disabled volunteer soldiers; which was read a first and sec- ond time, referred to the Committee on .Military Affairs, and ordered 

to be printed. MANUFACTURERS OF CIGA.RB. 

Mr. HARRIS, of Massachusetts, introduced a bill (H. R. No. 3142) 

to protect manufacturers of cigars who use imported tobacco exclusively; which was read a first and second time, referred to the Committee of Ways and Means, and ordered to be printed. 

WILLWI H. VAINEY. 

Mr. LANDERS introduced a bill (H. R. No. 3743) for the relief of 

William B. Vainey, assistant naval constructor of the United States 

Navy; which was read a first and second time, reforred to the Committee on Naval Affairs, and ordered to be printed. 

DWIGHT DE SILVA. 

Mr. BEEBE introduced a bill (H. R. No. 37 44) granting a pension to 

Dwight De Silva; wliich was read a frst and second time, referred to 

the Committee on Invalid Pensions, and ordered to be printed. 

GORDON n. BA.R.."U£8. 

Mr. BEEBE also introduced a bill (H. R. No. 3745) granting an in- crease of pension to Gordon 'B. Barnes; which was read a first and 

second time, referred to the Committee on Invalid Pensions, and 

oTdered to be printed. 
1644 OONGRESSION.A.L REOORD-HOUSEo MARCH 11, 

MARGRET BABCOCK. 

Mr. KETCHAM introduced a bill (H. R. No. 3746) for the relief of 

:Margret Babcock, legatee; which was read a first and second time, 

referred to the Committee on Revolutionary Pensions, and ordered 

to be printed. 

SOLDIEBS' MONUMENT AT AVON, NEW YORK. 

Mr. LAPHAM introduced a joint resolution (H. R. No.129) authorizing the Secretary of War to deliver to the town of A von, in the county 

of Livingston, State of New York, four cannon for the solcliers' mon- ument in said town ; which was read a first and second time, referred 

to the Committee on Military Affairs, and ordered to be printed. 

REPRESEXf.A.TIVE FROM STATE OF COLORADO. 

Mr. LAPHAM also introduced a bill (H. R.No. 3747) fixing the time 

for the election of Representative in Congress for the State of Colorado, and to repeal so much of the act of March 3, lb'75, as provides 

for fixing such time; which was read a first and second time, referred 

to the Committee on the Judiciary, and ordered to be printed. 

MEXICAN VETEBAN PENSIOY BILL. 

Mr. MACKEY presented joint resolutions of the Legislature of State 

of Pennsylvania in reference to the pension bill of the House in relation to veterans of the Mexican war. Mr. MACKEY. As the resolution is very short, I would ask that it 

be read. 

The resolution was read, and referred to the Committee on Invalid 

Pensions. 

COIN OF THE UNITED STATES. 

Mr. BAYNE introduced a bill (H. R. No. 3748) to punish certain 

crimes relating to the coin of the United States, and for other purposes; whi!Jh was read a first and second time, referred to the Committee on the Judiciary, and ordere<l to be printed. 

JAMES P, KEGGEREIS. 

Mr. STENGER introduced a bill (H. R. No. 3749) for an increase of 

pension of James P. Keggereis; which was read a first and second time, 

referred to the Committee dn Invalid Pensions, and ordered to be 

printed. 

MEXICAN VETERAN PENSION BILL. 

Mr. SMITH, of Pennsylvania, presented joint resolution of the Legislature of the State of Pennsylvania, in relation to the Mexican vet- eran pension bill; which was referred to the Committee on Invalid 

Pensions. 

PROTECTIOY OF COLONISTS, ETC., ON THE PUBLIC LANDS. 

Mr. ERRETT introducecl a bill (H. R. No. 3750) to aid and protect 

parties and colonies for the purpose of emigrating and settling on our public lands; which was read a first and second time, referred to 

the Committee on Public Lands, and ordered to be printed. 

HARBOR OF WICOMICO. 

Mr. DOUGLAS introduced a bill (H. R. No. 3751) constituting the 

harbor of Great Wicomico, in Virginia, a port of entry and delivery, 

and authorizing the appointment of a collector for the same; which was read a first and second time, referred to the Committee on Commerce, and ordered to be printed. 

IMPROVEM.ENT OF NOMINI CREEK. 

Mr. DOUGLAS also introduced a bill (H. R. No. 3752) providing for 

the continuance of the improvement of Nomini Creek, in Virginia; 

which was read a first and second time, referred to the Committee on Commerce, and ordered to be printed. 

NINTH REGIMENT UNITED STATES INFANTRY. 

Mr. WAD DELL introduced a bill (H. R. No. :3753) for the relief of 

certain offict!rs and soldiers of the Ninth Regiment United States Infantry; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. 

AUGUSTUS BURGDORF. 

Mr. HARTRIDGE (by request) introduced a bill (H. R. No. 3754) 

for the relief of Augustus Burgdorf, of Washington, District of Col um- bia ; which was read a first and second time, referred to the Committee for the District of Columbia, and ordered to be printed. 

THOMAS JEFFERSON WILLS. 

Mr. ELAM introduced a bill (H. R. No. 3755) for the relief of Thomas 

Jefferson Wills, curator of Martha L. Wills, of Rap ides Parish, Louisiana; which was read a first and second time, referred to the Committee on War Claims, and ordered to be printed. 

IMPROVEMENT OF RED RIVER. 

Mr. ELAM also introduced a bill (H. R. No. 3756) making an appropriation to improve the navigation of the Red River at the falls, at 

the town of Alexandria, Louisiana, and for other purposes; which was read a first and second time, referred to th~ Committee on Commerce, and ordered to be printed. 

JOHN W. illCKEY. 

Mr. ELAM (by request) also introduced a bill (H. R. No. 3757) for 

t.he relief of John W. Hickey, of the State of Louisiana; which was read a first and second time, referred to the Committee on Commerce, 

and ordered to be printed. · 

B.A.R.A.TARIA. SillP•CAN.A.L. 

Mr. ELAM also presented the concurrent resolution of the Legislature of the State of Louisiana relative to the Barataria Ship-Canal. 

Mr. WOOD. I want to hear that read. 

The SPEAKER. It will be read. 

The concurrent resolution was then read. 

The SPEAKER. If there be no objection, it will be referred to the 

Committee on Commerce. 

Mr. SCHLEICHER. I think it should be referred to the Committee on Railways and Canals. 

Mr. ELAM. Without referring to the questions which have been 

heretofore discussed in regard to propositions of this chamcter a.ski ng 

appropriations for the improvement of navigation and their referenco 

to committees, I think this resolution should be referred as indicated 

by the Speaker, to the Committee on Commerce. 

The SPEAKER. Debate is not usual upon propositions of refer- ence during the morning hour of Monday. 

Mr. DUNNELL. Allow me a single word. This subject is already 

before the Committee on Commerce, and the chairman of that com- mittee has a bill covering this specific improvement which he has 

been authorized to I'eport this morning if he gets the opportunity. ·Mr. REAGAN. The Committee on Commerce are ready to report on this subject. 

Mr. SCHLEICHER. I withdraw my suggestion. 

The concurrent resolution was accordingly referred to the Committee on Commerce. 

C.A.THERINit CARBURY Mm WILLI.A.M LAY. 

Mr. SAYLER (by request) introduced a bill (H. R. No. 3758) referring the claims of Catherine Carbury and William Lay to the Committee on Claims; which was read a first and second time, referred 

to the Committee on the Judiciary, and ordered to be printed. 

UNITED STATES NOTES FOR CURRENCY. 

Mr. EWING introduced a joint resolution (H. R. No. 130) proposing an amendment to the Constitution of the United States; which was read a first and second time. 

.Mr. EWING. I ask that the joint resolution be read. 

The joint resolution was read, and referred to the Committee on Banking and Currency, and ordered to be printed. 

WILLIAM YOU~G. 

Mr. DURHAM introduced a bill (H. R. No. 3759) for the benefit of 

William Youn~, of Wayne County, Kentucky; which was read a fil'fU; and second time, referred to the Committee on War Claims, and 

ordered to be printed. 

TEXAS PACIFIC B.A.ILROAD. 

Mr. DURHAM. I also present a joint resolution of the Legislature 

of Kentucky, favoring the construction of the Texas Pacific Railroad. 

I ask that the joint resolution be read for the information of the 

Honse. 

The joint rE>solution was read, and referred to the Committee on the 

Pacific Railroad. 

W.A.SHINGTOY MARKET COMPANY. 

Mr. BLACKBURN introduced a bill (H. R. No. 3760) relative to the 

Washington Market Company in the city of Washington, District of 

Columbia; which was read a first and second time, referred to the 

Committee for the District of Columbia, and ordered to he printed. 

TEXAS PACIFIC RAILROAD. 

Mr. BLACKBURN also presented a joint resolution of the Legislature of Kentucky in relation to the Texas Pacific Railroad; which was referred to the Committee on the Pacific Railroad. 

JEPTH.A. BOONE. 

Mr. TURNER introduced a bill (H. R. No. 3761) for the relief of 

Jeptha Boone, of Powell County, Kentucky; which was read a first 

and second time, referred to the Committee of Ways and Means, and 

ordered to be printed. 

CONSTRUCTION OF CERTAIN ACTS OF CO~GRESS. 

:Mr. TURNER also introduced a bill (H. R. No. 3762) to construe oor- tain acts of Congress; which was read a first and second time, referred 

to the Committee on the Judiciary, !1-Dd ordered to be printed. 

JOYATHAN M1NE.A.L. • 

lli. TURNER also introduced a biU (H. R. No. 3763) for the relief 

of Jonathan McNeal, of Laurel County, Kentucky; whioh was rea.d a first an :l second time, referred to the Committee on Appropriations, 

and ordered to be printed. 

ISHAM GAMBREL. 

Mr. 'TURNER also introduced a bill (H. R. No. 3764) for the relief 

of Isham Gambrel, o~ Bell C~nnty, Kentucky, late a private of Company H, Twenty-fourth Regiment of Kentucky Infantry Volunteers; 

which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. · 

MRS. MARY A.. SE.A.BOR...~. 

Mr. TURNER also introduced a bill (H. R. No. 3765) for the relief 

of Mrs. Mary A. Seaborn, of Laurel County, Kentucky, mother of 

Thomas Seaborn, late. private Company B: Fourth Regiment Kentucky Infantry Volunteers; which w~ read a. first and second time, 
1878. CONGRESSIONAL RECORD-HOUSE. 1645 

referred to the Committee on Invalid Pensions, and ordered to be 

printed. TEXAS AND PACIFIC RAILROAD. 

Mr. BOONE presented a joint resolution of the Legislature of the 

State of Kentucky, favoring the construction of the Texas and Pacific Railroad; which was referred to the Committee on the Pacific 

Railroad. PUBLIC BUILDING, PADUCAH, KE~UCKY. 

Mr. BOONE also introduced a bill (H. R. No. 3766) to purchase a site and erect thereon a post-office and court-house at Paducah, Kentucky, for the use of the Government of the United States; which was read a first and second time, referred to the Committee on Public 

Buildings and Grounds, and ordered to be printed. 

TEXAS AND PACIFIC RAILROAD. 

Mr. WILLIS, of Kentucky, presented a joint resolution of the 

Legislature of .the State of Kentucky, favoring the construction of a Texas and Pacific railroad; which was read a first and second 

time, and referred to the Committee on the Pacific Railroad. 

STEAMBOAT FANNY BRANDERS. 

Mr. WILLIS, of Kentucky, introduced a bill (H. R. No. 3767) for 

the relief of the owners of the steamboat Fanny Branders, of Louisville, Kentncky; which wa-s read a first and_ second time, referred to 

the Committee on War Claims, and ordered to be printed. 

A. H. NORRIS. 

Mr. WILLIS, of Kentucky, also introduced a bill (H. R. No. 3i68) 

for the relief of A. H. Norris; which was read a first and second time, 

referred to the Committee on War Claims, and ordered to be printed . 

TAXES ON SPIRITS AND TOBACCO. 

Mr. RIDDLE introduced a bill (H. R. No. 3769) to reduce the present high taxes on distilled spirits and tobacco and to secure to manu- facturers of small means the same rights as are enjoyed under the 

existing internal revenue only by large capitalists; which was read a first and second time, referred to the Committee of Ways and Means, 

and ordered to be printed. · Mr. WOOD called for the reading of the bill at length; and it was read. MARGARET A. WEBB. 

Mr. BRIGHT introduced a bill (H. R. No. 3770) to place the name of Margaret A. Webb, widow of John W. Webb, on the pension-roll; 

which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

Mr. BRIGHT also introduced a bill (H. R. No. 3771) to pay Margaret A. Webb, widow of John W. Webb, allowance, bounty, &c.; 

which was read a first and second time, referred to the Committee on ;Invalid Pensions, and ordered to be printed. 

PHILIP J. BUCKEY. 

Mr. HOUSE (by request) introduced a bill (H. R. No. 3772) for the 

re1ief of Philip J. Buckey, of the District of Columbia; which was read a first and second time, referred to the Committee on War Claims, 

and ordered to be printed. RENEL CUSTER. 

Mr. SEXTON introduced a. bill (H. R. No. 3773) granting a pension 

to Renel Custer, of Jefferson Conn ty, Indiana ; which was read a first 

and second time, referred to the Committee on Revolutionary Pensions, and ordered to be printed. 

Mr. HANNA (by request) introduced a bill (H. R. No. 3774) to fix 

the rank and pay of retired medical purveyors, United States Army; 

which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. 

J, B. HOLLOWAY. 

Mr. EDEN (by request) introduced a. bill (H. R. No. 3775) for the 

relief of J. B. Holloway; which waa read a first and second time, 

referred to the Committee of Claims, and ordered to be printed. 

. INTERNAL IMPROVEMENT IN ILLINOIS. 

Mr. HARRISON introduced a joint resolution (H. R. No. 131) directing a. survey and estimate to be made under the direction of the 

Secretary of War, of the Tilinois River and Illinois and Michigan Canal, in the State of Illinois, with a view to deepen the same so as to be navigable for steamers drawing seven feet of water, from Chicago to the Mississippi River; which was read a first and second time, 

referred to the Committee on Commerce, and ordered to be printed. 

BRIDGES ACROSS omo RIVER. 

Mr. TOWNSHEND, of Illinois, introduced a bill (H. R. No. 3776) 

supplementary to an act approved December 17, 1872, and ent.it.led 

"An act to authorize the construction of bridges across the Ohio 

River and to prescribe the dimensions of the same;" which was read a. first and second time, referred to the Committee on Commerce, and 

ordered to be printed. 

SWAMP LANDS7 WHITE COUNTY, ILLINOIS. 

Mr. TOWNSHEND, of Illinois, also introduced a bill (H. R. No. ~77) to provide for the payment in money of the indemnity claim for 

swamp and overflowed lands in White County, Illinois; which was read a. first and second time, referred to the Commit.tee on Public 

Lands, and ordered to be printed. 

SWAMP AND OVERFLOWED LANDS, ILLINOIS. 

Mr. TOWNSHEND, of Illinois, also introduced a bill (H. R. No. 

3778) to provide for the payment of the indemnity claim for swamp 

and overflowed lands in the counties of Richland, Saline, Jefferson, 

Hamilton, Wayne, Gallatin, and Hardin, Illinois; which was ·read a first and second time, referred to the Committee on Public Lands, and 

ordered to be printed. ISHAM C. TAYLOR. 

Mr. TOWNSHEND, of Illinois, also introduced a bill (H. R. No. 

3779) for the relief of Isham C. Taylor; which was read a first and 

second time, referred to the Committee on Military Affairs, and ordered 

to be printed. SILVER BULLION CERTIFICATES. 

Mr. KNAPP introduced a bill (H. R. No. 3780) to authorize the deposit of silver bullion or bars, and the issue of certificates therefor; 

which was read a first and second time, referred to the Committee on Banking and Currency, and ordered to be printed. 

DISTRICT COURT, QUINCY, ILLINOIS. 

Mr. KNAPP also introduced a bill (H. R. No. 3781) providing for 

holding terms of court at Quincy, illinois, in the southern district of 

said State; which was read a first and second time, referred to the 

Committee on the Judiciary, and ordered to be printed. 

SILVER BULLION CERTIFICATES. 

Mr. CRITTENDEN introduced a bill (H. R. No. 3782) to authorize 

the deposit of silver bullion or bars, and the issue of certificates 

therefor; which was read a first and second· time, referred to the 

Committee on Banking and Currency, and ordered to be printed. 

A.LEX.Ui'DER W. WALKER. 

Mr. POLLARD introduced a bill (H. R. No. 3783) granting a pension to Alexander W. Walker; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

be printed. MARY MURPHY. 

1\Ir. CONGER (by request) introduced a bill (H. R. No. 3784) for the 

relief of Mary Murphy, widow of Jeremiah Murphy; which was read a first and second time, referred to the Committee on Invalid Pensions, 

and ordered to be printed. 

YELLOWSTONE NATIONAL PARK. 

Mr. WILLIAMS, of Michigan, introduced a bill (H. R. No. 3785) 

making an appropriation for the protecti~n and improvement of the 

Yellowstone National Park; which was read a first and second time, 

referred to the Committee on Appropriations, and ordered to be 

print.ed. PUBLIC BUILDINGS, TALLAHASSEE, FLORIDA. 

Mr. DAVIDSON introduced a bill (H. R. No. 3786) to provide for 

the construction of a building for the use of the United States courts, 

post-office, and other Government offices in the city of Tallahassee, 

State of Florida; which was read a first and second time, referred to 

the Committee on Public Buildings and Grounds, and ordered to be· printed. IMPROVEMENT OF CEDAR KEYS HARBOR, FLORIDA. 

Mr. DAVIDSON also introduced a bill (H. R. No. 3787) making an appropriation for continuin~ the improvement of the harbor of Cedar 

Keys, in the State of Florida; which wa.s read a first and second 

time, referred to the Committee on•Commerce, and ordered to be· printed. PUBLIC BUILDING, BROWNSVILLE, TEXAS. 

Mr. SCHLEICHER introduced a bill (H. R. No. 3788) to provide 

for the erection of a building at Brownsville, Texas, for the United 

States courts, post-office, custom-house, and other Government offices; 

which was read a. first and second time, referred to the Committee on Public Buildings and Grounds, and ordered to be printed; 

E. F. WENKEBACH. 

Mr. SCHLEICHER also jntroduced a bill (H. R. No. "3789) for the 

relief of E. F. Wenkebach; which was read a first and second time, 

referred to the Committee on Military Affairs, and ordered to be 

printed. FRED. DANT & CO. 

Mr. PRICE introduced a bill (H. R. No. 3790) for the relief of 

Fred. Dant & Co.; which waa read a first and second time, referred 

to the Committee on Clal.Dls, and ordered to be printed. 

TERMS DISTRICT COURT, IOWA. 

Mr. CLARK, of Iowa, introduced a bill (H. R. No. 3791) providing 

for the holding of additional term& of the district-court for Iowa, at 

Iowa City, in said district; which was read a first and second time, 

referred to the Committee on the Judiciary, and ordered to be printed. 

SPECIE PAYMENTS. 

Mr. CLARK, of Iowa, also introduced a bill (H. R. No. 3792) to 

revise an act to provide for the resumpt]on of specie payments, approved January 14, 1875, a.nd amendatory thereof; which was read a 

first and second time, referred to the Committee on the Revision of 

the Laws of the United States, and ordered to be printed. 

WAR OF 1812. 

Mr. BURDICK introduced a bill (H. R. No. 3793) amending laws 
1646 CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

granting pensions to soldiers and sailors of the war of 1812 and 1heir 

widows; which was read a first and second time, referred to the Committee on Revolutionary Pensions, and oruered to be printed. 

TRANSPORTATION OF LIVE STOCK. 

Mr. BURDICK also presented a joint resolution of the I.egislatnre 

of Iowa, instructing the Senators and requesting the Representatives 

in Congress frcm that State to vote against the biB for the limitation of transportation of live stock unless shipped in patent cars; 

which was referred to the Com-mittee on Agriculture. 

NORTHERN PACIFIC RAILWAY. 

Mr. WILLIAMS, of Wieconl"in, presented a memorial of the Legislature of the State of Wisconsin, for an extension of the time for the 

completion of the Northern Pacific Railway; which was referred to 

tho Committee on Pacific R-ailroads. 

MICHAEL LEAHY. 

Mr. BRAGG introduced a bill (H. R. No. 3794) to incre::tEe tbe pension of Michat'l Leahy; which was read a first and second time, re- ferred to the Committee on Invalid Pensions, and orderect to be 

printed. 

ACQUISITION OF PtJBLIC LUmS. 

Mr. LUTTRELL presented a joint resolution of the Legi~lature of 

t.he State of Ca1ifornia, for the repeal of all laws for 1he acquisition 

of public lands unless it be by actual settlers; which was referred to 

the Committee on Public Lands. 

E. M. DAY. 

Mr. PAGE introduced a bill (H. R.No. 3795) for the relief of E. M. 

Day; which was read a first and second time, referred to the Committee of Claims, and ordered to be printed. 

SETILERS ON PtJBLIC LAXDS. 

Mr. WIGGINTON introduced a bill (H. R. No. 3796) for the relief 

of ~ettlers on the public lands and to provide for the repayment of 

certain fees and commissions paid on void entries of public lands, 

and for ot ber purposes; which was read a first and second time, re- ferred to the Committee on Public Lands, and ordered to be printed. 

JENNIE E. SIMONS. 

Mr. DUNNELL introduced a bill (H. R. No. 3797) granting a pension to Jennie E. Simons; which was Iead a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be 

printed. FORT RIPLEY RESERVATION. 

Mr. STRAIT presented a joint resolution from the Le.gislature of the 

State of Minnesota, asking Congress to pass an act authorizing the 

Ianda of the Fort Ripley reservation to be entered under the pre-emption and homestead laws; which was referred to the Committee on Public Lands. 

REIMBURSEMENT OF KANSAS AND NEBRASKA. • 

Mr. PHILLIPS introduced a bill (H. R. No. 3798) to reimburse tbe 

States of Kan~ and Nebraska for expenses incurnd by said States 

for the United States in repelling invasion and suppressing Indian 

hostilities; which was referred to the Committee on Indian Aft'airs, and 

ordered to be printed. COMMISSIONERS OF CLAIMS. 

Mr. MARTIN (by request) introduced a bill (H. R. No. 3799) t.o abolish the commissioners of claims; which was read a first and second 

time, referred to the Committee on War Claims, and ordered to be 

printed. TIMBER ON PUBLIC LAl\"DS. 

Mr. WREN introduced a bill ~H. R. No. 3800) authorizing the citi- zens of Colorado, Nevada, and the Territories to fell and remove timber on the public domain for mining and domestic purposes; which was read a first and second time, referred to the.. Committee on Public 

Lands, and ordered to be printed. 

TRANSFER OF INDIAN BUREAU. 

Mr. WELCH presented a joint resolution of the Legislature of the 

State of Nebraska, praying that the control and management of 

Indian affairs be transferre.d to the War Department; which was referred to the Committee on Indian Affairs. 

DAMAGES IN TIMBER SUITS. 

Mr. PATTERSON, of Colorado, introduced a bill (H. R. No. 3801) 

fixing the measure of damages in snits wa.ged by the General Government for timber cut upon the public lands, and for other purposes; which was read a first and second time. 

Mr. PATI'ERSON, of Colorado. I ask tbat the bill be read at 

length. - The bill was read i1t e:denso, and was referred to the Committee on 

the Judiciary, and ordered to be printed. 

LOUIS VOLIN. 

Mr. KIDDER introduced a bill (H. R. No. 3802) for the relief of 

Louis Volin, of Yankton, Dakota Territory; which was read a first 

and second time, referred to tho Committee of Claims, and orJered to 

be printed. 

aid the Pembina band of Chippewa Indians in obtaining subsistence 

by agricultural pursuits, to promote their civilization, and for other 

purposes; which was read a first and second time, referred to the 

Committee on Indian Afl:'airs, and ordered to be printed. 

CAMP LOWELL MILITARY RESERVATION, 

Mr. STEVENS, of Arizona, introuuced a bill (H. R.No. 3804) authorizing the Secretary of War to curtail the present limits of the Camp 

Lowell military reservation, in the Territory of Arizona; which was read a first and second time, referred to the Committee on Military 

Aft'airs, and ordered to be printed. 

EXPENSES OF TREATY WITH SIOUX. 

Mr. CORLETT introduced a. bill (H. R. No. 3805) making an appropriation fer the expenses incurred in fulfillin~ treaty with Sioux of 

different tribes including the Santee Sioux of Nebraska; which was read a first and second time, referred tp the Committee on Appropriat.ions, and ordered to be printed. 

The SPEAKER. The regular call of the States and Territories has 

been concluded and the Chair will now recognize gentlem~n who were not in tho Honse when their States or Territories were called. 

CLAIMS OF SOUTHER..~ MAIL CO~RACTOllB. 

Mr. WHITE, of Pennsylvania, introduced a bill (H.R.No.380G) t.o 

repeal so much of the annual appropriation act approved March 3, 

1877, as provides for the payment of certain southern man contractors; which was read a first ru:d second time, referred to the Committee on Appropriations, and ordered to be printed. 

PREPARATION OF SILVER BARS. 

Mr. FORT int-roduced a bill (H. R. No. 3vQQ7) to provide for the 

preparation of uniform silver bars of the value of $100 and of $1,000 

respectively, standard silver, and for the issue of certificates thereon 

which shall be receivable for all public dues; which was read a first 

and second time, referred to the Committee on Banking and Currency, 

and oruered to be pri.uted. 

EMIGRATIO:Y TO LIBERIA. 

Mr. CAIN introduced a bill (H. R. No. 3808) to establish a line of 

mail and emjgrant steam and sailing vessels between certain ports of 

the United States and Liberia, Africa; which waa read a first and 

second time, referred to the Committee on Commerce, and ortlered to 

be printed. EDUCATIONAL FUND. 

Mr. CAIN also introduced a bill (H. R. No. 3809) to establish an educational fund and to apply the proceeds of the public lands to the 

education of the people; which was read a first and second time, re- ferred to the Committee on Education and Labor, and ordered to bo 

printed. GEORGE IDTCHINGS. 

Mr. WHITE, of Indiana, introduced a bill (H. R. No. 3810) for the 

relief of George Hitchings; which was read a first ~nd second time, 

referred to the Committee on Military Affairs, and ordered to be 

printed. RUSH VALLEY MILITARY RESERVATION. 

Mr. McCOOK introduced a bill (H. R. No. 3811) to provide for the 

transfer of tbe Rush Valley military reservation, in the Territory of 

Utah, to the Department of the Interior; which was read a first and 

second time, referred to the Committee on Military Affairs, and or- dered to be printed. THOMAS P. WESTMORELAND. 

Mr. EVINS, of Sonth Carolina, introduced a bill (H. R. No. 3812) 

for tho relief of Thomas P. Westmoreland; whfch was read a first 

and second time, referred to the Committee of Claims, and ordered 

to be printed. 

JAMES C. SLAGHT. 

Mr. WILLIS, of New York, introduced a bill (H. R. No. 3813) for 

t.he relief of James C. Slaght, late captain and assistant quartermaster of tbe United States Volunteers; whjch was read a first and sec- ond time, referred to the Committee on War ClaiiDB, and ordered to 

be printed. 

Mr. WILLIS, of New York. I desire also to present a preamble 

and resolutions adopted by the Cha;mber of Commerce of New York. 

They are very brief, and relate to a matter of great public interest. 

The SPEAKER. The Chair will recognize the gentleman for that 

purpose after all the bills have been introduced which gentlemen 

desire to introduce. 

OVERCHARGE OF DUTIES. 

Mr. WOOD introduced a bEl (H. R. No. 3814) to provide remedies 

for overcharge of duties on tonnage and imports; which was read a 

first and second time, referred to the Committee of Ways and Means, 

and ordered to be printed. TARIFF DUTIES. 

Mr. WILSON introduced a joint resolution (H. R. No. 132) relating 

to tariff duties; which was read a first and second time, referred to 

the Committee of Ways and Means, and ordered to be pdnted. 

LIFE L~SURANCE FOR NAVAL OFFICERS. 

CHIPPEWA nDIANS. Mr. GOODEintroduced a bill(H. R. No.3815)toestablishasystem 

M.r. KIDDER also (by request) introduced n bill (H. R. No. 3803) to of lifo insurance for the oflfcers of the Navy and .Marine corps; which 
1878. CONGRESSIONAL RECORD-HOUSE. 1647 

was read a. first and second time, referred to the Committee on Naval 

.A:ffuirs, and ordered to be printed. 

MRS. MARY G. HARRIS. 

Mr. GOO DE also introduced a bill (H. R. No. 3816) granting a pension to Mrs. Mary G. Harris; which was read a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be 

printed. 

A..Nl\'IE FARLEY. 

- Mr. RICE, of Ohio, introduced a bill (H. R. No. 3817) granting a pension to Annie .Farley; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be 

printed. CYRUS W. BRAINARD. 

Mr.PHEL PS introduced a bill (H. R.No.3818) for the relief of Cyrus 

W. Brainar<l, of Haddam, Connecticut; which waM read a first and 

second time, referred to the Committee of Claims, and ordered to be 

printed. JOIL.~ W. BRAINARD: 

Mr. PHELPS also introduced a bill (H. R. No. 3819) for the relief 

of John W. llrainard, of New Haven, Connecticut; which was read a first and second time, referred to the Committee of Claims, an(l 

or<lered to be printed. 

CHAUNCEY DICKENSON. 

Mr. PHELPS also introduced a bill (H. R. No. 3820) for the relief 

of Chauncey Dickenson, of Haddam, Connecticut; which was read a first and second time, referred to the Committee of Claims, and 

ordered to be printed. 

SYLVESTER E. BRAINARD. 

Mr. PHELPS also introclncecl a bill (H. R. No 3821) for the relief of 

Sylvester E. Brainard, of New Haven, Connecticut; which was read a first and second time, referred to the Committee of Claims, and 

ordered to be printed. 

AUTOMATIC SIGNAL~BUOY. 

:Mr. WILLIS, of New York. I ask unanimous _consent to present 

at this time and have printed in the UECORD a memorial from the 

New York Chamber of Commerce in regard to the use by the Government of the automatic signal-buoy. 

:Mr. JONES, of Ohio. I object to its being printed in the REcoRD. 

Mr. WILLIS, of New York. It is very brief. 

Mr. JONES, of Ohio. I do not object to its reference. 

Mr. WILLIS, of New York. If objection is made to its printing 

in the RECORD, I will withdraw it for the present. 

BRAZILIAN STEAMSHIP LTh""E. 

Mr. YOUNG. I have here resolutions adopted by the Chamber of 

Commerce of Memphis, Tennessee, in reference to aline of steamships 

from New Orleans to the city of Rio Janeiro. I ask that they be 

printecl in the RECORD and referred to the Committee on the PostOffice and Post-Roads. 

Mr. BROWN. I object to the printing in the REcoRD. 

The resolutions were accordingly referred to the Committee on the 

Post-Office and Post-Roads. 

MESSAGE FROM THE PRESIDENT. 

-A message from the President, by Mr. PRUDEN, one of his secre- taries, announced that the President bad approved and signed bills 

and a joint resolution of the following titles: 

A bill (H. R. No. 3551) to amend section 4778 of the Revised Statutes of the United States; 

A bill (H. R. No. 2000) changing the times of holding terms of the 

district court for the district of West Virginia; 

A bill (H. R. No. 3296) for the relief of Captain William L. Foulk; 

A bill (H. R. No. 1487) making appropriations for the payment of 

claims reported to Congress under section 2 of the act approved J nne 16, 1874, by the Secretary of the Treasury; and 

A joint resolution (H. R. No. 37) to authorize the Secretary of War 

to issue cert-ain arms to the Washington Light Infantry of Charleston, South Carolina. . ORDER OF BUSTh"'ESS. 

Mr. SINGLETON. I believe the morning hour has expired. 

'l'he SPEAKER. It has. . Mr. SINGLETON. Then I move that the rules be suspended and 

the House now resolve itself into Committee of the Whole on the 

state of the Union for the purpose of proceeding with the consideration of the diplomatic appropriation bill. 

The motion was agreed to. • The Honse accordingly resolved itself into Committee of the Whole, 

(Mr. Cox, of New York, in the chair.) 

DIPLOMATIC APPROPRIATION BILL. 

The CHAIRMAN. The Honse is now in Committee of the' Whole, 

and resumes the consideration of the bill (H. R. No. 3064) making appropriations for the consular and diplomatic service of the Government for tho year ending June 30,1879, and for other purposes. The 

gentleman from New York [Mr. HEWITT] is entitled to the floor. 

Mr. HEWITT, of New York. Mr. Chairman, although I have given the subject matter of this bill as much attention as I am capable of, 

I should hardly be able to overcome the reluctance with which I take 

up the time of the House, after the very clear, full, and able exposi· 

tion which has been given of the details of the bill by my friend and 

colleague on the Committee of Appropriations, the gentleman from 

Mississippi, [Mr. SINGLETON,] but for the reason that a recent event 

has startled the whole country and recalled public attention to the 

nature of our diplomatic service. That event is the decision given in 

the case of the fishery awards commission, by which the large sum of 

$5,500,000 has been awarded as damages to the Canadian government 

for the privileges enjoyed by our :fishermen under the provisions of 

the treaty of Washington. 

When the treaty of Washington under which that commission was framed was agreed upon there were two things to be taken into con- sideration; first the Alabama claims, and secondly these fishery claims. 

Every one here will remembor with what interest the country re- garded the Alabama claims; and everybody will recollect that what- ever there was of experience, of talent, of capacity, of. training, was brought to bear by this Government in order to make a good case before the Geneva commission. 

In the first place, the ablest diplomatist of the age, Mr. Adams, was chosen to represent the American Government on the commission. In the next place, the case was got up here in the State Department by :Mr. Bancroft Davis, who had paBsed many years in the 

diplomatic service and was at that time the Assistant Secretary of 

State. 

Be called to his aid the great names of President Woolsey, of Yale 

College; of William Beach Lawrence, the veteran pn blicist; and of 

Caleb Cushing, who perhaps has a better knowledge of international 

law than any other man living. And when they went befor~ the com- mission they took with them as counsel William M. Evarts, the :first 

lawyer of the land, assisted by Mr. Waite, now Chief Justice of the 

United States. 

You all know with what feelings of relief if not of exultation the 

country received the notice of the award made by the commission. 

The sum, three million pounds sterling, was regarded by the British 

government as excessive, but to us it seemed to be but just.damages 

for the great wrongs we had sustained. . Now, when we turn from that reat historic scene to this commission at Halifax, what do we :find We :find that the American Government was represented by Mr. Kellogg, who I am told is a most 

respectable and worthy gentleman living in Pittsfield, Massachusetts. 

I confess that before I turned to the records of the State Department 

and found his name recorded upon the list I had never hoard of Mr. 

Kellogg. I find that the counsel of the United States before that 

commission was :Mr. Dwight Foster. I am told he is a most respectable lawyer of the city of Boston, but inasmuch as he never held a public office, so far as I know, and certainly none in the diplomatic 

line, it may be concluded that he was entirely without ~xperience; 

and yet to the care of these comparatively unknown and certainly 

untrained representatives our interests were confided. _ On the other side I find that Great Britain was represented by Sir 

Alexander Galt, the :first statesman of Canada, once its finance minister, who bas restored order to her disordered affairs; a gentleman 

of great accomplishments, master of the French language, and, as I 

learn, possessed of unusual qualifications for so eminent a position. 

I find that the counsel of the British Government before that com- mission was Mr. Francis Ford Clare, who has had a long career of 

diplomatic service in the British foreign office, a man of the very 

greatest promise in his profession. The arbi tra.tor chosen by the two 

governments was Mr. Delfosse, the representative of the Belgian 

government at Washington. 

Before that commission went this cali6 in regard to which I am assured by every man who has ever looked into the fishery bnsineM 

there was no ground for any award whatever; that the privileges 

that we had conceded to the Canadian :fishermen, of coming down to 

the thirty-ninth parallel of latitude and of selling their oil and fish 

in the United StateR free of duty, were an ample equivalent for what- ever concessions they had made to our fishermen. 

Yet in this ca..<~e this enormous award of $5,500,000-more than one- third of the entire sum which we derived from the. Geneva awardis to be taken from our Treasury. And to what is this doe T And 

what are the probable consequences T I heard a distinguishe£lstates- man, very emine:n,t once in this Government, say: "Those Canadians 

will make nothing out of it; it will pnt back reciprocity for twenty 

years." Mr. Chairman, if by the incompetence or blunders of the men selected to represent us in a high commission we are to suffer 

for twenty years the deprivation of reciprocal trade with our neighbors upon the northern frontier, then indeed is it time to ascert;dn 

whether our diplomatic system is organized in such wise as to be 

worthy of the respect and of the support of the people of this country. 

REFORM IN THE DIPLOMATIC AND CONSULAR SERVICE. 

Theoretically, diplomacy concerns itself with political questions, 

while the consular service cares for commercial interests. But in 

practice, so far as the United States are concerned, the main work of 

diplomacy has been devoted to our commercial relations and has been 

limited to very few questions. Our fortunate separation by an intervening ocean from European politics bas relieved os from the 

dangers and necessity of t.aking part in their struggles, and we have 

only been called upon to assert and maintain, as best we conlG, the 

rights of neutra}g upon the high seas, in order that our commerce 
1648 CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

miuht not be destroyed by belligerent powers. To have it admitted th~t "free ships make free goods" has been the traditional policy 

of our Government ever since the struggle between France and 

Enuland at the close of the last and the beginning of the present 

century, from being· involved in which we were only saved by the 

wisdom and firmness of Washington. 

The only distinctive political proposition which our diplomacy has 

originated and maintained is that known as the Monroe doctrine. 

Fortunately for our future tranquillity the rights of neutrals and the 

policy of non-interference by European powers in the affairs of the 

western continent, except so far as they still retain American possessions, are substantially admitted, so that in fact the two chief 

objects aimed at in our diplomatic intercourse have been achieved. VIEWS OF THE FATHERS. 

Bot our commerce steadily grows, and our connection with Europe, 

arising out of travel and immigration, becomes every year more intimate. From this intercourse arise questions which require to be 

handled by men of trained intelligence and firm in asserting the rights 

of American citizens. The founders of the Government were almost 

unanimously of opinion that the time would come when we might 

dispense with foreign missions,* but they did not anticipate the 

changes which have been wrought by steamships, telegraphs, and a flood of immigration, and counter-cunent of emigration, the complication of extradition questions, and the rights of naturalized citizens 

resident abroad. On the other band, the very inventions of our day 

have greatly modified the nature and necessity of the foreign missions 

wl1ich we are called upon to keep up. There is no court in Europe v. bicb cannot be reached by "Wlegrapb within twenty-four boors from 

Washin'gton, or within thirty-six hours by rail from London. The 

necessity, therefore, of maintaining resident ministers at all the 

courts of Europe has passed away. It is a useless and expensive 

luxury, and in many cases an utter sham. USKLKSSllll:SS OF mg PRESENT DIPLO!fATIC SYSTKll. 

The pen1sal of the annual volume of diplomatic correspondence, 

publishe61 by the State De11artment, demonstrates that by far the 

larger nom ber of our European ministers have nothing to do, and, iu 

fact, have to make sometimes amusing efforts to find some subject for 

dispatches, and that, as a rule, they have been anticipated by the 

newspapers who use the telegraph and explore the sources of knowledge with far more energy, expense, and ability than is possible for 

representatives who cannot descend from the lofty plane of official 

respectability to the interYiewing level without loss of prestige. A 

minister, recently returned from a high-class mission, tells me that 

after he had been at his post vainly searching for something to do, 

he was forcibly reminded of the decree of Caligula by which he created 

his horse a Roman ·consul, and he was inclined to wonder why the 

President had selected him instead of one of his steeds as hi~ embassador, and could only explain it on the theory that he valued the 

society of his horses more than that of his friends. 

• [Extracts from the .Annals of Congress, Fifth Congress.] 

:Mr. Nicholas gave it aa his opinion on our foreign intercourse that the United 

States would be benefited by having no mini8ters at all. (January 18; paj!e 851.) 

Be thought we ought to ha.ve no political connection with Europe, bot be con- sidered in relation t() that continent as mere buyers and venders of their manufact- ures. (Mr. Nicholas, January 25, 1798; page 92'~.) 

If the wisdom of future Lejtislatures shall think proper to abolish the establish- ment of foreign political intercourse altogether, it must be left to them to decide. 

He believed, situated as we were, it waa necessary to have some political inter- course; but be believed it would be best, by degrees, to decline it altogether. (Mr. 

Gallatin, January 18; page 859.) 

No truth waa more strongly impressed upon his mind than that the extension of our political int~rcourse with fol"fi.I!D nations Willi highly dangerous to ns. It was true, treaties had been made, but no treaty had been made since the adoption of the present Government by ministers resident at any court at the time. If 

any benefits were derived to the country from the British treaty, they mus ~ be at- tributed to the envoy extraordinary and not to our minister at that court. And 

when our treaty with Spain was concluded it was necessary to send a minister res- ident at another court to do the business. Since our treaties were always made by 

special envoys, what advantage could it be to have numerous ministers plenipotentiary in Europe f 

But it was said, though it might be proper to diminish our foreign intercourse. it was improper to do it at present. He agreed it would be wrong to do it violently. Gentlemen might, ti they pleased, call it a paltry saving; but having first established the fact that these officers were not only unnecessary bot dangerous, though 

the saving waa not large, it ought to be made. (Mr. Gallatin, January 19, 1798; 

. paj!e 887.) . The commercial intercourse between nations is re~lated by fte law of nations, 

by the municipallawaof the I'el!pective countries, and by treaties of commerce. The 

application of those different laws to individual r.ases, the protection of individuals 

against acts of oppreRSion not consonant with those laws, the protection of our seamen and of our citizens trading to foreign countries, fall within the province of 

those agents, known by the name of consuls. Consnls are appointed for that 

specific purpose. Wo have them in all countries with which we trade. Whether we bave these public ministers or not they protect our commerce M effectually at Hamburj?, in Denmark, or Sweden, where we have no diplomatic characters, aa it 

is protR,cted in Spain or Holland where we have ministers. It is only when we wish to obtain a change in the regulations provided by the acknowledged law of 

nations or by the municipal laws of the country that public ministers are neces- sary, as they alone can nt>gotiate with a foreign government, aa they alone can form 

treaties of commerce. But it is only the application of laws and treaties to individual ca-ses which requires a continual attention and a permanent residence. The 

extraordinary occasions on which it may be necessary to negotiate treaties may be 

provided for by special missions, by extraordinary envoys; and it is worthy of re- mark that the two only treaties which have yet been made under the present Constitution with foreign nations, those with Great Britain and Spain, have both been 

formed by extraordinary envoys. (Mr. Jay and Mr. Pinckney,) although we bad at that time public ministers at those two courts. (Mr. Gallatin, March 1, 1798; p. 1123.) 

The great rule of conduct for us in regard to forei~ nations is in extending our commercial relations to hs.ve with them as little political connection aa possible. 

REFORM l'\'KCESS..UlY. 

Admitting, then, that we mnst maintain diplomatic relations with 

the European powers, partly with a view to tbe protection of our citizens, but more particularly for the advancement of onr comme-r- cial interests, it does not follow that we are to go on forever in tho old 

rots, and refuse to discard tbe excrescences and barnacles of the system, and not avail ourselves of the obvious· economies and improvements which are pointed out by the changed condition of the more rapid and unrestricted communications of the steamer, the telegraph, and the railway. 

It is equally true of politics as of business, that success is not possible without the employment of the latest improvements in machinery 

and the best talent in managing it. In the early history of the Government the men sent abroad were those who had mo t dietinguished 

themselves in the forum, on the bench, or in the Cabinet. The names Fra.nklin, Jefferson, Jay, Ellsworth, Livingston, Pinckney, Mo:1roe, 

Gallatin, and Adams instinctivelyrecur tons. Bot in later and more degenerate days foreign missions have come to be regarded as the 

refuge for "played-out' politicians"-for men who have done the 

p:uty some service, bnt who have been discarded by their constituents. As such'' statesmen" are always increasing in number tho 

pressure is always to enlarge the number of soft places into which 

their bruised consciences may be tenderly deposited. Any attempt 

to reduce the number of missions or to introduce the salutary econ- omy ancl manifest efficiency which will result from a reorganization 

llf the system is resisted at every step, as well within the Halls of 

Congress by men who are looking forwa-rd to a comfortable asylum 

for tl1eir later years as by the administration that finds the hungry 

crowd of office-seekers increasing more rapidly than even the miracnlons lClaves and fishes which have been provided by the inventive 

genius of American politics. 

But the time has come when all the shams and abuses of the day 

must be swept away. The pre~, with all its defects, renders the invaluable service of exposing with a relentless and microscopic scru- tiny all the useless objects of pnblic expenditures, as well as the 

toadyism, finnkeyism, or whatever it may be called, of American representatives, who are or should be sent abroad with nobler purposis 

than to shine at court, struggle for socialrecognition, or contend for 

the privileges of precedence, snch as might be accorded to "exemperors." 

WHAT DIPLOMATIC SERVICE 18 1\'ECESSARY. 

The question for the American people is merely, wbat kind of diplomatic system do we require in order to protect and enlarge our com- merciaJ. interests and the rights of American citizenst For such a system they are willing to pay; for anything beyond it, enli~htencd 

public sentiment demands from this House stern reprobatiOn and 

prohibition so far as we have any power in the premises. 

What, then, is demanded by the exigencies of our political and comSo far as we have already formed engaJ,?:ements,let them be fulfilled -with good 

faith. Here let us atop. Europe has a set of primary interests which to us ha'"e none or a very remote relation. Hence she must be en11:aged in frequent contro- versies, the causes o· which are e.ssrntially foreign to our concerns. Hence, ther~ 

fore, it must be unwise in us to implicate ourselves by artificial ties in the or<linary 

vicissitudes of her politics or the ordinary combinations and collisions of her friendships or t nmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient government, the time is not far off when we may defy material injury from external annoy- ance. Why fore~o the advantages of so peculiar a position 1 Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of 

any part of EuropE~, entangle <·ur peace and prosperity in the toils of European :un- bition, rivalship, interest, bumor, or caprice1 It is our true policy to steer clear 

of permanent alliances with any portion of the forei~ world; so far, I mean, as we are now at liberty to do it. Let those engagements be observed in their genuine sense. But~ in my opinion, it is unnecessary and would be unwise to exiRnd 

them. (Quotation by the same from Washington's Farewell Address, March 1; p. 

1127.) 

If peace were restored in Europe, and we bad no difference to settle there, he 

should agree with t.he gentleman from Vir~inia, and with the opinion of the old 

Con!n"ess, that it would be well to keep no foreign ministers in Euro~. All com- mercial regulations might be as well carried on by consuls aa by ministers ; and if 

any differences should arise between this country and any of the Europe:m governments, special enyoya might be sent to settle them, as heretofore; for when tbe 

situation of this country was considered it would appear to be for our interest to have as little political connection with Europe as possible, and therefore ministers 

could be of no use, bnt might do mischief. Gentlemen of diffrrentopinions in that 

Hoose most see that we have bad ministers in foreign countries who have done no J,!:OOd, and that foreign ministers have been sent to this country who have done 

harm. He therefore thought that the gentleman from Virginia waa right in principle; but be thought the time improper, and he did not approve of the mode proposed to be adopted. He should wish that the subject should be brought forward 

by way of an original motion, and receive all the discussion which the roles of the 

House will admit of. (Mr. Pinckney, January 19, 1798; page e66.) 

Indeed, the gentleman from Sout.b Uarolina, (Mr. Pinckney,) than whom no one could be better able to ~iYe an opinion on the subject, declared that. in his opinion, our diplomatic connections had been injurious to this country, and that they ou~ht 

to be got rid of aa soon as convenient; though. he added, he did not think th1s a proper time, or that this was the best modo of doing the business. He thought 

this declaration ought to have great weight. (Mr. Livingston, page 883, January 

19, 1798.) 

It was said t() be the interest of this country to annul all onr foreign political intercourse. Redid not deuytbat, separated as we are from Europe, itmjg_htbe for 

the interest and happiness of this country to have no connection with J!joropean 

powers. (January 26; page 934.) 

It was a sentiment advocated by the gentleman from Pennsylvania, that we ought to have no political foreign relations. That gentleman prided himself on being of peculiar sentiments, bot on this occasion he wa.s not so. It had long been 

the sentiment of this country. It was a 11entiment introduced into all our treaties 

but one, and it would be found in the" Farewell Address" of thela.t&President of 

the United States. (Mr. Goodrich, January 26; page 934.) 
1878. CONGRESSIONAL RECORD-HOUSE. 1649 

mercial relations with Europe 7 At the most two ministers, one residentin London and accredited to all the courts of Western Europe 

and one resident at Berlin accredited to the eastern courts, can take care of all our interests without finding themselves oppressed either 

by too much·labor or too great responsibility. London is the center 

of the commercial interests of the world, while Berlin is the political 

center from which issues the voice of command. Besides, the German 

element in this country is so numerous that the real political questions with which we have to deal spring largely from that source·. These ministers should be men of recognized ability, of thorough 

traininu in diplomatic duties, and masters of international law, 

rights, ~d duties. We have such men; but singularly enough the 

only two eminent in the profession in the service of the late Administration have been relieved from duty since the 4th of March last. 

They should have ample salaries so as to enable them to consort with 

other foreign representatives on terms of equality; they should have a corps of secretaries and clerks to keep up the records and corre- spondence. They would be in daily communication with the State 

Department by telegraph if necessary, and within twenty-four hours 

could reach any court where their presence might be needed. At all 

the other courts we should keep as now a secretary of legation, 

speaking the language of the country1 for the purpose of caring for 

the records and of delivering such dispatches and communications as are by diplomatic usage required to be presented by hand. 

RESULTS OF THE CHANGE. 

The result of this change would beFirst. A large saving in the annual expenditure. 

Second. Much greater .efficieney in the public service, because it 

wouli be carried on by able and trained men, instead as now by politicians without a single qualification for the duty and without even the ability to speak the language of the country where they reside. 

Third. The American name and character would be raised abroad, 

instead of being as now often a by-word and a reproach by reason either of the unfitness or the bad character of the representative. 

Fourth. The questions dealt with would bo living issues concern- ing the means by which our markets could be enlarged and our methods of production stimulated, cheapened, and improved. 

WHERE THE POWER RESIDES. . 

And here I shall be asked why the bill before the House makes no provision for such a reorganization of the service as is here indicated. 

The answer is that tJ:Us House has nothing to do with the organization of the diplomatic and consular service, and, if it had, an appropriation bill would not be a suitable mode of dealing with the question. By the Constitution, the appointment of foreign ministers and 

of consuls is confided to the President, by and with the advice and 

consent of the Senate. The House of Representatives has no part 

either in their creation or their abolition. Congress cannot create or abolish either a mission or a consulate. The creation is the joint work 

of the President and Senate. The abolition is the sole prerogative 

of the President. The House takes part alone in fixing the compensation. The Honse may, indeed, decline to appropriate; in which case the office will not cease to exist, but a valid claim would remain 

against the Government for the value of the service. I say a valid 

claim, where a salary has been fixed by existing law, as it is in all 

existing cases. If the President and Senate should see fit to create a new mission, then the claim for compensation would be an equitable one. . Mr. ELAM. How is a new mission to be created 7 

Mr. HEWITT, of New York. I answer my friend from Louisi:ma, 

by the President. If the Senate is not in session the President can send a minister to any part of the habitable globe of his own motion. 

If the Senate be in session he has simply to send in the name for con- firmation. 

I refer, gentlemen, because I will not have time to go into proof, to 

the debates on the Panama mission, which took place under Mr. 

Adams's administration in 1828, I think. In that case it was held 

by the joint action of both Houses that the President bad the right 

of his own motion to send the commissioners, and that Congress was bound in good faith tv make the proper compensation. He sent them 

during a recess of Congress. 

This whole snbject has been many times thoroughly discussed, and 

the opinions of all the leading statesmen from the foundat.ion of the 

Government to the present time have concurred in the opinion that 

the House is bound in good faith to provide adequate compensation 

for such foreign representatives as the President may see fit; to appoint. One quotation will suffice to make this opinion clear. 

Mr. Buchanan said: It is true that in many cases the House of Representatives are called upon to make appropriations for carrying treaties into effect., '\nd in all cases we vote the outfits and sala.ries of our foreign ministers; yet it is equally 

certain we are under a. high moral and constitutional obligation to make the grants 

of mone:v necessary for these purposes. I do not say thar. extreme cases may not exist in which it would be our duty to refuse such appropriations. The safety of 

the people is the sul?reme law, and if their rights and llberties were endangered by 

any treaty or any nussion it might then become the duty of this House even to disregard their constitutional obligation for the purpose of preserving the Republic 

frOm danger. Should such a case occur, it will make a. precedent for itself. I 

think no gentleman will contend that it exists on the present occa.sion.-Congres- Bi<malDebates, page 655; debate on minister to Russia, Honse of Representatives, 1831. 

In this judgment I find concurring the great authorities of Gallatin, 

Livingstofi, Otis, Harper, Webster, and Marcy, and all confirmed by an elaborate opinion of Attorney-General Cushing, to be found in 

VII-104 

volume 7 of the Opinions of Attorneys-General. By what right, then, 

it will be 'asked, bas the committee dropped, in the bill now reported 

the missions to the smaller European powers f The answer is that, 

if approved, the action of the Honse is in the nature of a. recommendation to the President and Se!\3te, and no more. It is an expression 

of opinion on the part of the 'Honse that these missions involve un- necessary expense. If they differ from us we are bound to yield to 

their judgment, because the Constitution has invested them with the 

responsibility of the decision. On the other hand, if they should 

agree with us and if they should be struck forcibly with the suggestions involved in this change of policy, it would be competent for the 

President of his own motion to reorganize the entire diplomatic system by the withdrawal of unnecessary ministers, the appointment of 

the necessary secretaries, the institution of suitable regulations, all 

of which might be submitted to Congress with recommendations for 

such alterations in the existing laws as to salary as the new system 

might require. 

Mr. ELAM. I desire to ask the gentleman a question. How did 

it come that the missions to all the South American republica were concentrated into one t 

Mr. HEWITT, of New York. The Honse made a.n appropriation 

covering only the money necessary to pay one mission. The President respected that recommenda~on of the House; but it was a recom- mendation and nothing more. The salaries of the separate ministers 

to the South American governments are all fixed in the statute-book, 

and if the President and Senate had chosen to send the ministers a valid claim under t.he statute would have existed. But there would 

have been no a.ppropriation available for the payment, and they would 

haYe either gone to the Court of Claims or knocked at the door of 

this Honse until common decency had compelled us to ~espect the 

statute. 

Now, then, I want to say that it is competentforthe President of the 

United States of his own motion, without any action of this Hoose or of the Senate, to reorganize the entire diplomatic system of ~he United 

States. He can withdraw all the ministe;rs to-morrow, or as many of 

them as he sees fit, and if he should takethatcoursetbeexpendituresfor 

these missions would be saved to the public Treasury. It is a matter 

left by the Constitution to his judgment and to his jnd~ment alone. 

In the hope, however, that the President and the Senate will look upon 

this matter as the committee of the Honse have looked upon it, and 

in view of the suggestions of the small utility of these minor missions, that he will see fit to withdraw those missions, we have omitted 

to appropriate for their continuance. But we have inserted an appropriation of $20;000 to be used at his discretion for the employment of 

secretaries of legation at minor courts from which· the ministers are withdrawn, and he can instruct these secretaries to report to the minister at London or Berlin or any other minister that he sees fit to 

retain. 

I desire to call the attention of the Honse to another fact. I have 

said that as a rule our foreign missions are useless. I want to prove 

it by the experience. of this Government from its tery foundation, and 

I propose to prove it by referring to the treaties that have been made. 

We have negotiated in all two hundred and seventeen treaties. Of 

that number fifty-seven were ne~otiateu with the South Ame:rican 

States, where I hold that our mirusters are a necessity, both because we want to extend our commerce there and because those countries are disturbed by revolutions, and as I have heard the chairman of this 

committee [Mr. Cox, of New York] say, they are volcanic countries, 

and our citizens are often in great peril and need a minister for their 

protection. because a consul is not so much respected in Spanish 

American countries. Of the remainder of thetreaties sixty-nine _were 

negotiated with the leading powers of Europe. I have prepared a statement of the principal treaties made between the United States 

and France and England, with which countries alone, with the possible exception of Spain, our r~lations have been at any time precariolli!. 

HOW OUR TREATIES HAVE BEE.!.'i MADE. 

Prineipal treaties with Great Britain. 

Definitive treaty of peace,· Paris, September 3, 1783-negotia.ted by special com- missioners, .John Adams, B. :F'ranklin, .John .Jay. · · Treaty of 1194 (commonly known as Jay's trea.ty)-negotia.ted by special com- missioner, Chlef..Juetice Jay. 

TrE>.aty of December 31, 1806, (Monroe's treaty; neyer ratified)-negotiated by 

special commissioners, .James Monroe and William Pinkney. ' 

Treaty of Ghent. December 24, 1814-negotiated by special commissioners, J. Q. 

Adams, .J. A. Bayard, H. Clay, .Jonathan Russell, Albert Gallatin. 

Commercial treaty of 1815, London, July 3-negotiated by special commissioners, 

J. Q. Adams, H. Cla..v, Albert Gallatin. 

Convention of 1818-negotiated by special commissioners, Albert Galbtin, (then 

minister to Franc<',) Richard Rush, (then minister to England.) 

Treaties and cmventions of 1R26 and 1827, (four in all)-negotiated by t\]bert 

Gallatin, sent as minister to England for that purpose. 

Treaty of 1842, \.Ash burton troaty)-negotiated at Washington by Lord Ash bur- ton. specially commissioned ad hoc. C!Ayton-Bnlwcrcouvention of 1850-negotiated at Washington by H. L. Bnlwer. 

Reciprocity treaty of 1854-r;egotiated at Washington by special commissioner, 

LordElgin. . Slave-trade treaty of 1862-negotiat&l at Washington by Lord Lyons. Treaty of Wa:~hin~rton, 1871-negotiated by two sets of special commissioners_ 

There are a few others of less importance. These are the most weighty, and aD of them were on our side negotiated either by special commissioners or by the Secretary of State. 

Principal treaties with France. 

Treaty of alliance, 1778-special commissioners, Silas Deane and Arthur Lee. 
1650 CONGRESSIONAL RECORD-HOUSE. liARoH 11, 

Treaty of commeroe,1778-specialcommissioners, B. Franklin, Sila.s Deane, ann Arthur Lee. 

Treaty of 1800-special commissioners, Oliver Ellsworth, (Chief .Justice,) W. R. 

Davie, W. P. Murray. Louisiana. treaty of 1803--special commissioners, RobertR. Livingston (minister) 

and James Monroe. 

Commercial convention ef 1822--negotiated atWnahington by Hyde de Neuville; sent bnck there ad hoc. 

CL'l.ims convention of 1831-by William C. Rives, (minister.) 

There are some others of less importance. Of the above only the last was negotiated by the resident minister alone. 

An examination of this list leads to the irresistible conclusion that 

when:special work of great importance is to he done experience has 

shown that na.tions a.re driven to resort to specia.l agencies. 

COIDmRCIAL TREATY WITH FRA.~CE li'EEDED. 

This conclusion is enforced by the state of our commercial relations with France. We have in the main been represented by able men at that court. The trade between France and the United States 

has always been and is still hampered by restrictions, which, as between England and France, were all swept away by tho Cobden treaty 

of 1860. With the example of this treaty before ns for eighteen ye::Lrs, no snccessful effort bas been made to secure the benefit of a freer interchange of commodities, and tho state of oar commercial relations 

with France is a standing reproach to our djplomacy. Our l:1te minister was an able man and long a member of this Hon'se, and yet even he during eight years of service accomplished nothing for the development of our trade with France. 

By the politeness of the gentleman from Massachusetts [Mr. BANKS] 

I have been furnished with a copy of a circular issued-by whom Y 

Not by American manufacturers, as )'On might suppose; but by a. French assaciation, inviting us to join them in an international con- ference to be held at Paril3 durin~ the coming exposition, in order that we may establish a Frauco-Amencan treaty of commerce. The French 

people are restive under.tbis state of affairs i. and we, who ~ave such 

boundless wealth of articles to sell, stand still and do nothmg; and 

that is the fruit of our .American diplomacy. 

SOUTH AMEIUCAN MISSIONS. 

Now, I have stnted that the case of South America is different. As 

I have sa.i~ the nations of South America Me unsettled in government, bqt they offer to us the nearest and earliest avenues for the 

growth of our commerce; they offer the nearest 3nd the best markets 

for the products of our manufacturers. Therefore the Committee on Appropriations not only did not strike out any South American missioo, but they inserted two missions which had been left out before: 

the one to the United States of Colombia, where we have a. commerce amounting even now to 10,000,000 per annum, and the other to Bolivia, where the mission was discontinued some years ago. 

The reason for inserting the mission to Bolivia I shonltllike to hn.ve 

understood. Bolivia. has no sea-port; it has communication with the 

ocean, but no port through which tra.ffic can he carried on; it is in 

fact cut off from the Pacific Ocean by the Andes chain of mountains, 

through which it has no practicable pass; but it has an outlet thr?~gh 

the Amazon River; and a _contt:act has been made by the Brazili~n 

Government with nn Amencan firm of contractors to construct a. railway two hundred miles in length around the falls of the .Madeira, a branch of the Amazon River, which will allow the products of that 

vast country, the ancient seat of the Aztec civilization, to come down 

the Amazon and pass out into the general markets of the world. 

That opening is confided to American han~s. Thousands ~f our enterprising pe?ple are already ~ere or on theJ! way to ~ngng~ m the 

execution of this great undertakmg. Unhapptly the shlp w hwh was. lost the other da.y carried two hundred of them to an nnttmelY: grave. 

This work will be put through, and tho men whom we send will nee<l 

protection. That class of men are the men who always develop the 

trade and the resenrces of a country, and will pour its volume into 

American channels, if they can be adequately protected. Hence we inserted this mission to Bolivia.. 

THE TRUE RULE. 

W·herever, then, the diplomatic relations can be made to .snbservo 

the interests of commerce I would preserve and strengthen them, but 

wHere they connect themselves wHh political questions in which we have but little direct or collateral interest, I would reduce the ex- pense nnd enlarge the efficiency by consolidating them under not more than two geneml hen.ds, as I h::we proposed for Europe. The 

pending war between Russia. and Turkey is a good illustration of 

how little political concern we hn.~e in a struggle of vast moment to 

European interests. It simply affects the demand for our foocl products, and we profit by it; but it is ludicrous to read the dispatches of our ministers on the subject, in the vain effort to send some information-to the State Department which was not already known through 

the newspapers. In fact, newpaper enterprise and the telegraph have rendered the old diplomatic system perfectly obsolete so far as we are concerned. 

The admiral in commn.nd of our squadron in the Mediterranean 

tells me, 6n the breaking out of the war, he sailed to the Dardanelles 

and at once put himself in communication with the American minister at Constantinople, and requested him to keep him advised as to 

any matters in which our interests might be affected or protected by our naval forces. But for five months he waited and never received so mucb. as a single intima.tion from the accomplished diplomat who 

represents us atStamboul. Can there be a more strikingcommentary 

upon the futility of our present diploma.tic system T 

THE CONSULAR SERVICE. 

But it is to the consular rather than the diplomatic service that we look for the protection and extension of our commercial interests, and 

here u,t the outset let me call attention to a few facts which will appear fully in the sta.tement, which I have prepared with great care, 

to show the comparison between tho English and American systoms 

of consular service. These statt:ments I ask leave to have printed as a part of my remarks. They show1. The annual expenso of the English consula.r service is £213,033, 

including salaries and u,llowances for rent. 

2. 'fhe :>.mount of fees collected in 1876 was £34,707. 

3. The annual expense of the United Statel3 consular system for 

sal..ries and rent is $345,950; other expenses, including exchange, $173,562. 

4. The amount of fees collected in 1876-'77, $624,265.39. 

It thus appeal'S that the English consular system is mainta.ined at an annual cost to the treasury of $890,000, while our system is maintained by a tax on commerce, paying its entire cost and putting a sur- plus of $118,000 into the Treasury. To the full extent of this tax the 

Brit.ish merchant bas an advantage over the American trader. 

Our rev~nue is mainly derived from a fee of 2.50 for each invoice 

o£ goods imported into the United States where the tax is transferred 

to the consumer. The abolition of this tax would not therefore affect 

the consumer, because be would then pay it in another form but no more in amount. It is easy to show, however, that he would in reality 

pay less. The whole system of the verification of invoices is a sham. 

It is impossible for the consul to be a. judgo of the value and quality 

of all varieties of merchandise. Moreover it is notorious that f(l,lse 

invoices are frequently tendered to buyers, and in Paris half mtes nre usually proffered for invoice entries to American customers; moreover the right of the c<msul to exact an oath is made a1source of grea.t abuse. The consul not being empowered to administer the 

oath, arranges with some foreign officer to take it, often at exorbitant 

fees, which are supposed to be divided. In 1872 I find from Keirn's 

report tha.t in twenty-one citiesThe fees collected amounted to ...... ··----···-·-····-·········· ....... &202, 147 50 

Antl the oaths cost ........................ --········-··--·-··-·····-·· 50 fJ54 29 

That in London the consul's salary was .............. _ ....... _........ 7' 500 00 

Commissioners' fees for oaths.·····--- ---···-··-· 11:907 00 

Manchester, consul's salary was ....... : ............. ___ .. .. .. .. .. .. .. 3 000 00 

Commissioners' fees for oaths . ............... __ •.• _ .. _.. 9; 573 84 

Bradford, consul's salarywas .................. -...... ---·-···--:..... 3 000 00 

Commissioners' fees for oaths ... _ ..••. _. _ ...... _ .......... _ i 667 00 

Liverpool, consul's salary was .................. ------·-·-··-----..... 7 500 00 

Commissioners' fees for oaths ... _ ................ ;......... 6', 03{) 00 

On the other hand, what the consuls cannot possibly do, that is judge 

of the valno of tho goods, we can do at the custom-houses, where we maintain an appraisers' department a.t grea.t cost for the express purpose of determining the value, with an expert for every separate 

kind of business. llesides, the proposed salutary change from ad 

valorem to specific duties in the new tariff will dispense with the ne- cessity of verifying invoices either here or abroad. The whole system of verifyinginvoices before the consuls should be abolished, and 

in this view I am confirmed by the general judgment of our most 

experienced officers of customs. Colonel L. W. Burt, the experienced 

and able comptroller of the na.val office in New York, begins his 

recommendations for reform, submitted to the Jay commission, by 

nrging1. The repeal of all laws requiring consB.lar certificates to invoices. They are absolutely ustless; noat!ention is jpven by consuls to the accuracy of invoices, either as to nak~tl market pnce or to discounts and charges. .Apart from the simplifica- tion of business, consulships would only bo necessary at the sea-ports. 

The British do not have consulships as a rule at interior places, 

because they do not exact fees on invoices. We maintain them only because we exact fees; and wo pay for seventy-nine interior and unnecessary consulships out of the Treasury tho snm of 741

000, besides a. large amount in fees to unpaid consuls. 

a his whole sum can be sayed at once, being about one-seventh of 

the whole cost of our consular servico. This reform so self-evident can only be effected by a repeal of tho ~tatnte requiring the invoicfs 

to be verified, and it does not fall within the proper province of an appropriation bill to propose such legislation, but it cannot bo too 

strongly urged upon the attention of tho proper committee for im· 

mediate action. 

Now, by recurring to the figures which I have given, another 

serious abuse will be found. In Great Britain the fees collected are only one-fourth of the amount which we collect; in other words, we collect four times as much out of tho shipping interest as Great Britain collects; yet the trade of Great Britain is three times as great as ours. Our charges, therefore, are 1,200 per cent. hi~ber on navigation and ou commerce than the charges of Great Britain. I have 

here a copy of the British consular-fee list, which is to be found 

postecl up in every British consul's office. This fee liRt covers thirtynine charges, while ours comprises one hundred and two different 

items. For shipping seamen, which my colleague on the committee 

[Mr. SINGLETON] alluded to on Saturday, the charge is twoEhillings. 

Our charge in the days when my friend from Ohio [Mr. j:foNROE] was a consul was the same; but subsequently it was raised to $1, and 
• 

1878. CONGRESSIONAL RECORD-HOUSE. 1651 

now, in some ports, it is $2. The result is that an American shipmaster pays from twelve to fifteen times as much every time he 

enters a port as a British ship-master. 

Mr. EICKHOFF. How is that done 7 

Mr. HEWITT, of New York. lam going to explain how it is done. 

[Here the hammer fell.] . Mr. BRIGHT. I ask un:ntimous coRsent that the gentleman from 

New York be permitted to go on. The CHAIRMAN. If there be no objection, the gentleman's time 

will bo extended. [A pause.] The Chair hea.rs no objection. 

Mr. HEWITT, of New York. I am very much obliged--

Mr. HUBBELL. I must object. · Several .MEMBERS. Too late ! 

Mr. HEWITT, of New York. So long, Mr. Chnirm:m, as there is a single member of this House who desires to object, I must decline to 

avail ruyself of the privilege which other members are so kindly 

willing to e:A'tend. 

The CHAIRMAN. The Chair would say to the gentleman from 

.Michigan [Mr. HUBBELL] that his objection· came rather too ]ate. 

The Chair had announced the fnct that there was no objeetion. The 

gentleman from New York will proeeed. 

Mr. HEWITT, of New York. Mr. Chairman, I am perfect.ly well a~nue, in justification of the objection that has been made, that my 

voice iM in a wretched condition and tnat I am not making myself 

beard. At the snme time I havo given most diHgent ex:unination to 

this fJUestion, and although I might take advantage of the consent of 

the House to print, yet I am assured under the circumstances it is 

better th'lt I should try to complete the discussion in the way it has 

been commenced. 

I hold in my hand from an American ship-mnster, and a most 

intelligent one, a letter in which he states to me that at length be 

fears t bat he will be forced to sell his vessel and put it under another 

tlag. During a recent voyage to the West Indies he says he paid 30 

consul fees when a British vessel making the same voyage would have 

paid only $2. He says in addition that is not tho worst of it; that 

tht>y m·e often compelled to pay illegal fees, that at Demerara the con- sul charges $2 for certificate of return of shipping-papers to the mas- ter, form No.14, consular regulations. I have examined the American 

rt>gulations and I believe he is right. He says the vice-consul at Bordeaux insists. on putting his seal and signature to all custom-house 

clenrances, and that from all American vessels clearing fi·om that port, no matter whether the master wishes it or not, he co1lects $2. He 

.says that on a passage from that port to the French Island of Martinique against his wish he collected that charge, thereby presenting 

the absurdity of an official document from one French officer to an- other being l~>gal}ied by a foreigner. There is no warrant in law for 

:Such a charge as that. So be goes on to enumerate at length a great 

number of these abuses. 

That brings rue, Mr. Chairman, to the matter which the gentleman 

from Mississippi, [Mr. SINGLETON,] my colleague on the Committee on Appropriations, referred to as an abuse in shipping seamen. He saiu that a fee of $2 was collected at certain ports, the ports of 

London, Liverpool, Cardiff, Belfast, and Hamburg; anu he stated 

further that llo believed these fees were appropriated-! cannot quote 

hi exact. words because his speech has not yet been pub1i$ed-appro- , priate<l by the consuls. I have investigated that matter and I find 

tbo origin of this abuse-for, as I shall explain it, it is· an abuse-iM 

founded on an order issued by President Grant on the 24th May, 1873, 

wi.Jicb I hold in my hand and which I will have copied into the 

RECORD: 

EXECUTIVE MANSION, WCU!hington. May 24, 1873. 

Un~ler tile authority grantetl by section 16 of the act of Congresq approved An- srnat 18, lt56, the followinsc t<ptcial tariff of fees to b6 collected at tho consulate of 

tho Unitecl States at Lh·erpool for the engagement and di.t;chnrgo of seamen is 

lhtll'l'lly prescribed, namely: 

First. On engaging crew, for Mch member of the crew, excepting appren- tice!!............................................................ ....... ......... ... ....... ........ $.2 00 

:S&:ond. On discharging crew, for each member of the CJ:ew discharged ..... 50 

Tho same tariff may bo extended to such other consulates as the interests of the 

.conl!ular ~enice may from time to time seem to the Secretary of State to require. 

U.S. GRANT. 

Underthat order the President by virtue of the act of 1856 authorized the consuls at certain ports to collect two dollars instead of one iur t>ugnging a crew, and fifty cents for discharges; and he adds that 

tilt' atUetariffmny be extended to other consulates. 

Let us see what the warrant for that was. It is found in the act 

-of August 1 , 1856, section 16. The Presiqent is authorized to pre- rscribe the rates or tariffs of fees to be charged for official service, 

and to designate what shall be regarded as official service; and 

.all 1.hu fees so designated are to be returned to the Treasury and 

accounted for to the Treasttry. Now I find by the statement of the .Fifth Auditor's office that at London the consul-general bas applied 

the entire sum received for shipping seamen and discharging seamen ·to the payruen t of office expenses. 

In the first place there is no warrant for the expenditure of any 

mouey for t-hat purpose. There is no law which authorizes it; and 

in the next place the law distinctly requires the consul at London 

.antl all other consuls to pay these fees into the Treasurv. The justification, 'boweve_r, is this: there is a large amount of shipping busi- m.~::ss to be done m the London consulate, and the allowance by law 

for clerical service is not sufficient to pay for the labor done, and 

therefore the consul-general at London has been allowed to apply this 

shipping money to the payment of office expenses. I do not believe 

the consul bas profited by it; nevertheless it is an abuse which is 

contrary to law and should be corrected. But at Liverpool the coHsul reports that be received over $8,000 for fees and paid $3,000 for 

shipping exp-:mses and he returned the excess, $5,076, to the Treasury. 

In other words he returned all he did not expend, whereas in London 

the consul appears to have expended all be received. 

At Hamburg, at Ca.rdiff, and at Belfast the other consuls have 

taken advantage of this fact and kept all the money they collect for 

shipping and discharging seamen and merely furnished a formal re- ceipt to the Department for the expenditure of so much money. The 

receipt never should have been allowed and never would have been 

allowed but for the order I have read. But I wish to say in justification of the President that I do not think the order is broad enough or can be construed to authorize these allowances. I think it is an abuse which has grown up between the State Department and the 

Treasury Department and the sooner it is brought to an end the 

better. · TilE ORG.Ali1ZATION OF THE BIUTISH CONSULAR SERVICE. 

The British consular system is organized upon definite rules and 

regulations as to appointments and promotions. Ours is not. In the 

British service candidates must be examined for admission, and in 

all cases must understand French and the language of the country 

to which they are assigned for duty. The service is a career. The rule 

is detw· digniori. Promotions are made for merit and length of service, 

and there are frequent transfers from the consular to the diplomatic 

service and t'ice tersa. They are never removed for political causes, nor is it enr intimated on a, change of administration that they are expected to make room for hungry politicians. They devote themsalves for life to the promotion of British trade and commerce. They 

seek out new avenues for enterprise. They keep the board of trade 

advised of every commercial change, and if a new fabric or a. new style of goods is introduceu from any other country, samples of it are at once procured and f01·warded to England for t,he information of 

manufacturers. 

If time permitted I could furnish· volumes of evidence as to the 

zeal and energy of these missionaries in the cause of British trade. 

Their reports and the reports of the atroches to the British legations are models of patient labor and treasuries of valuable commercial 

knowledgo, and are made available to the British public by publication in a cheap blue-book which can be purchased at cost by all who are interested instead of being consigned, as here, to garrets and 

the paper-mill because no provision has been made for proper distribution and circulation. I get five hundred copies of the Agricultural 

Reports, which I do not want, and other members get commercial 

statistics of no value.to the farming classes. They should all be put on sale at a central office at the cost of printing and furnished to any 

part of the United States in the mails free of cost. 

ORGA~'IZATION OF OUR CONSULAR SERVICE. 

I need not waste any time in describing how our consuls are appointed and, with some creditable exceptions, what manner of men they are apt to be. Appointed as a rule for subordinate and 

often discreditable political services, they usually have no qualifications for the position. They have no permanence in the tenure of 

office, and hence are often removed just as they have acquired the 

experience to be useful. Neither are they subject to such direction 

and supervision as will insure efficiency in service. They can bavo no pride in a vocation which ie only temporary and which offers no prospect of ad van cement or of honor. 

The result is that it may almost be affirmed that our consular system, as now organized and administered with its code of fees, is an impediment rather than an aid to commerce. The reforms imperatively needed are plainly indicated by this ha~ty 

review: 

First. Candidates should be examined for admission to the service. 

Second. They should have a. permanent tenure of office, being only 

removable for cause. Third. They should be promoted in rank and compensa.tion for 

ability and length of service. 

Fourth. They shoulU be paid at the outset a salary sufficient for 

their decent support, and the salary should be slowly but steadily 

advanced with increasing years. 

Fifth. They should have a moderate retiring pension when, after 

being worn out in the service, they return home to die. 

Sixth. All feea should go into the Treasury and all connection 

with private business should be prohibited . 

Seventh. A consular bureau should be established, either in the 

State or Treasury Departments, devoted to the interests of trade, and 

presided over by a man eminent for ability and commercial knowledge. This bureau should be charged with the care of our commer- cial interests in foreign lauds, and should annually report to Congress 

how and by what means and in what countries our trade can be en- larged, anrl should, in fact, possess the powers and perform the duties 

of the British Board of Trade . 

TOE FR~CH SYSTEM. 

This is substantially the French system, a brief account of which 
1652 -cONGRESSIONAL RECORD-;HOUSEo MARCH 11, 

I feel constrained to give,• in order that the House may understand 

that all the great commercial powers, including the German Empire, 

which is doing its utmost, and with great success, to enlarge its foreign commerce, have long since adopted the system of a perma.nent 

service, based upon the fundamental basis of preliminary examination, of promotion, of permanent tenure of office, and of adequate 

compensation for faithful and intelligent service. 

To reform our service in conformity with these ideas will be neither 

difficult nor expensive. The closing up of consulates rendered useless 

by the abolition of consular verification of invoices will save money 

enough to render thew hole service efficient by its proper expenQ.iture as above recommended. CIVIL-SERVICE REFOIUI. 

Now, Mr. Chairman, I come upon a subject which I approach with 

great reluctance. How can this reform be effected! How may it be 

effected! I have pointed out how far legislation can contribute to 

the result. We can abolish the verification of invoices. We can give 

better salaries to those who remain in the service; but the reform, to 

be of any use, to be effectnal, must be made by the President of the 

United States. With him resides the constitntioual power; with him 

under the statute resides the power to make the regulations which 

govern the consular service. He needs no legislation from this Honse 

to establish civil-service rules there; he is master of the sitnation. 

He can make this great system an honor and a source of immeasurable advantage and prosperity to this country, if he will. I do not 

know that he is aware of the great power which he possesses, but I 

do know that that power has not been exercised. Why has it not 

been exercised f It is not for want of professions. I apologize for 

taking a little time in order to have the House understand exactly 

where the President stands npon this subject, and I ask the Clerk to 

read an extract from the Cincinnati platform, an extract from the 

letter of acceptance of Mr. Hayes, an extract from his inangural address, and an extract from his message to this Honse at the beginning 

of the present session of Congress. I think it will be profitable reading or I would not take up the time of the House. 

The Clerk read as follows : 

[Extract from the Cincinnati platform.l 

The invariable rule for appointments should have reference to the honesty, fidelity, and capacity of the appointees; preferriDg friends of the party in power for 

places where harmony and vigor of administration require its policy to be repre- sented; but permittin~ all others to be filled by persons selected with sole refer- ence to the efficiency of the public service and the right of all citizens to share in 

the honor of rendenng faithful service to their country. 

[Extract from the letter of acceptance of Mr. Hayes.) 

The old rnle, the true rnle, that honesty, capacity, and fidelity constitute the only real qualifications for office, and that there is no other claim, gave place to the idea 

that party services were to be chiefly considered. * * ~ We should return to 

*The French comul-ar system. 

For nearly half a century the consular service of France has remained unchanged; and for more than twenty-five years the Gnide des consuln.ts of De Clercq et Vallat has been the Frencli consul's vade mecum. Some modifications have been 

made, and the decree of December 26, 1869, is nsually spoken of as that re~ting 

the service; but, as the Duke Decazes said in his memorandum preceding the 

decree of February 1, 1877, the organization of to·day is that of 1832, the efficiency of which time has shown. 

In pursuance of the economical policy of the then existing government the whole 

consular system in 1830, ontside of Great Britain, was assliDilated to that in the 

Levant and consulates were placed nnder the supervision of the legations, while 

in Barbary and South .America diplomatic duties were imposed on consuls who took 

the additional title of charge d'affaires. The distinction between consul and con- snl·j!:eneral came to be practically one of name alone. 

The principal officers are the consuls-general, consuls of tho first and second class, 

and consular pupils. There are also chancellors, dragomans, and supernnmerary attacht'is, vice-commls, consular agents, >ice-consular agents, and interpreters. 

Consuls, and not consulates. are classified, for two reasons: first, on account of the 

frequent changes in the relative importance of the different posts and, second, that a. deservin~ officer may be promoted without removing him from a place for which 

by long residence he is peculiarly :fitted. 

Promotion is made from the lower grades of the entire foreig-:1 service; for ex· ample, consuls-general are to be chosen from subdirectors of the ministry, first 

secretaries of legation and embassy, and consuls of the first class, and so on iD. the descendin~ scale. 

The ministry of forE'jgn affairs is composed of various divisions, as that of polit- ical affairs, that of commercial affairs, that of claims, &c., and to them, but chiefly of course to that of commercial affairs, the consuls report on the archives, on cur· rent scientific disco>ery and investigation, on important publications, besides their 

commercial and :finandal reports. Under the decree of February 1, 1877, a most elaborate scheme of examination 

is laid down for admission to the permanent consular and diplomatic services: 

briefly stated it is as follows: Supernumerary attacht'is are appointed to a limited 

number who must have a. private income of $1,200, and be licentiates in law, sci· ence, or letters; nJat is to sa.y, they must correspond to our bachelor of arts or col· 

lege graduates. l~e.<>ides this they must understand two modern languages in addition to their own. From these, after three years' service, one being abroad, come the candidnted for paid attache. third secretary, and consular pupil. The exam· inations for the diplomatic and consular service are nearly the same, embracing international L'lw, diplomatio history, statistics, political economy, geography, and 

the languages. They are both written and oral, but not competitive, the chief difference between them being that for the diplomatic service more stress is laid on international law and history, with the general results of political ecenomv, while 

for the consular sen-ice the details of economic science are most insisted on. A 

knowledge of English is required for both, and besides that German is a. requisite for tho former, Spanish for the latter branch. An important feature of tho service aa now existing is the classification of the subordinate officers, namely: class I, sub· 

directors of the ministry, consuls-general, and first secretaries; class IL redacteurs 

consuls, and second secretaries ; class ill, paid attach~s to the ministry, consular 

pupils, third secretaries. '.rhe three positions in each class being interchangeable, those holding them are educated to a practical knowledge of the workings of lega- tions, consulates, and the foreilZll office, and the two branches brought into more intelligent and harmonious co-operation. 

the principles and practice of the founders of the QQvernment, snpplying by le!rlalation, when needed, that which wns formerly established by custom. They ne~ther 

expected nor desired from the public officer any partisan service. They meanil 

that public officers should owe their whole service to theQQvernment and the peo· 

pl.e. They meant that the officer should be secure in his tenure aa long as his personal character remained untarnished and the performance of his duties satisfactory. If elected I shall conduct the administration upon these principles and all constitotional powers vested in the Executive will be employed to establish this reform. 

[Extract from the inaugural address.] 

I ask the attention of the public to the paramount necessity of reform in our ci Yil 

service, a reform not merely ns to certain abnses and practices of so-called official 

patronage, which have come to ha.ve the sanction of usage in the several depart- ments of our Government, but a change-in the system of appointment itself; a refon_n that shall be thorough, radical, and complete; a. ~eturn to the principles and 

practices of the founders of the Government. They ne1ther expected nor desired 

from public officers any partisan service. They meant that public officers should owe their whole service to the Government and to the people. They meant that 

the officer should be secure in his tenure as long as his personal character remained 

un.tarnished and the performance of his duties satisfactory. They held that ap- Jl.omtmen~s to office were not to be mad.e n~r expected merely as rewards for par- tisan serVIces, nor merely on the nommation of members of Congress, as being entitled in any respect to the control of such appointments. 

LExtracts from the President's message, 1877.J 

'l'he or~anization of the civil service of the conntry has for a number of years ~ttracted more and more of the :public attention. So general has become the opin-· Ion that the methods of admiSSlon to it and the conditions of remaining in it are unsound that both the great political parties have agreed in the most explicit declarations of the necessity of reform and in the most emphatic demands for it. I 

have fully believed these declarations and demands to be the expression of a sin- cere conviction of the intelligent masses of the people upon the subject, and that 

they should be recognized and followed by earnest and prompt action on the part 

of the legislativ!) and executive departments of the Government in pursuance of 

the purpose indicated. 

Before my accession to office I endeavored to have my own views distinctly un- derstood, and upon my inauguration my accord with the public opinion was stated 

in terms believed to be plairi and unambiguons. 

* * * * * * * 

In addition to this I recognize the public advantage of making nominations as nearly as possible impersonal, in the sense of being free from mere caprice or favor 

in the selection; and in those offices in which specjal training is of ~eatly in· 

creased value I believe snch a rule as to tho t.ennre of office should obtain as inay induce men of pro:J;ler qualifications to apply themselves industrionsly to the task 

of becoming pro.fi01ent. 

* * 

It is my purpose to transmit to Congress as early aa practicable a report by th& 

chairman of the commission, and to ask your attention to such measures on this. 

subject as, in my opinion, will further promote the improvement of the civil 

service. 

Mr. HEWITT, of New York. Now, Mr. Chairman, those who have. 

listened to those extracts will find that they contain two classes of 

propositions: there are the affirmative propositions, that appointments shall be made for honesty, fidelity, and capacity; then, sec- ondly, that the tenure of office shall be secure to those who perform 

the dnties to the satisfaction of the public. Then there are soma. negative propositions: appointments are not to be made for party 

services; they are not to be made for personal services; they are not 

to be made on the request of members of Congress; and when made- no political services are to be rendered. 

In that connection I hold in my hand the civil-service order issued on the 2"2d of June, 1877, sent as I understand, as an official document to every employe of the Government, and signed by a fac-simile, 

of the President's signature, "R. B. Hayes." I will have it inserted. as part of my remarks. 

Mr. SPRINGER. Let it be read. 

Mr. HEWITT, of New York. Very well; it had better be read. 

The Clerk read as follows : EXECUTIVE MANSION, 

Washington, June 22, 1877. 

Sm: I desire to call your attention to the following paragraph in a letter ad- dressed by me to the Secretary of the Treasury on the conduct to be observed by officers of the General Government in relation to the elections: 

"No officer should be reqnired or permitted to take part in the management ofpolitical organizations, caucuses, conventions, or election campaigns. Their right 

to >ote and to express their views on public questions, either orally or through the 

press, is not denied, provided it does not interfere with the discharge of theirofficial duties. No assessment for political purposes on officers or subordinate 

should be allowed." 

This rule is applica-blA to every department of the civil service. It should be 

understood by every officer of the General Government that he is expected to con- form his conduct t~ its requirements. 

Very respectfnlly~ 

n. B. HAYES. 

Tothe--

:Mr. HEWITT, of New York. Now, Mr. Chairman, it happens in 

connection with this matter and in connection with this bill which we have under consideration that the Fifth Audit<lr of the Treasnry, 

whose duties refer to the diplomatic and consular accounts, and towhom my friend from Mississippi and myself upon the subcommittee 

have had occasion to apply for information-this Fifth Amlitor of 

the Treasury is, or was a few days ago, away in the State or New 

Hampshire making political speeches, and I hold one of those speeches. 

in my hand, made at Rochester, New Hampshire, on the 26th of Fcb- ru;~.ry, 1878. I do not propose to make any comment upon this fact. 

I sent to tbe Fifth Auditor's Office this morning for a communication 

and one of his clerks came to me. I do not know that he is not in 

his office to-day, but I know that be was in New Hampshire preach- ing politics on the 26th of February, 1878. 

Mr. DUNNELL. Does the gentleman propose to make the speech. which he holds in his band a pa.rt of his remarks! 

Mr. HEWITT, of New York. I do not, but the gentleman might. 

. 
1878. CONGRESSIONAL RECORD-HOUSE. 1653 

readily make it a portion of his remarks and he will perhaps find it an improvement on the ordinary speeches made here. 

No President has made such promises as these; no other President 

has ever reiterated them on every occasion in public and private; no President was ever eo bound by every consideration ofjustice to keep 

the pledges which he has made. Be renewed those pledges as to the 

civil service contemporaneously with the solemn oath by which he 

took office and it has been a matter of wonder to everybody on both 

sides that these pledges have not been kept; for here was a President 

who came into office not by the ordinary mode; he came in rather, as has been said, by the Cresarian operation. 

Be then owed it to both sides, not only to his own side to whom he 

bad made these pledges but to that other and greater party in the 

country who had with a forbearance and self-control unparalleled in 

modern times kepttheir faith with him. Has he kept his faith with 

the people Y 

Men puzzle their brains to explain why he bas not acted uniformly on the rules which be himself bas proclaimed. It is certainly not 

because he wants to reward his own party, for he has trampled his own party under his feet. It is not because he wants to come into 

the arms of the democratic party, for be knows that while that party 

sternly did its duty to the country and to humanity they expect no recruits from the direction of the White House. 

I have analyzed the appointments in the diplomatic and consular 

service with great care in order to detect the principle which has 

governed the President in making those appointments, and I think I 

have discovered it. 

He said that he would not give appointments for political reasons; 

that was to the party that nominated him and who tried to elect 

him; and within a very narrow limit he bas kept his word, for the men who carried on that campaign and gave him such measure of success as he achieved have not been rewarded. I allude t6 BLAINE, COl\"'XLING, the Camerons, and the Chandlers. What has been their re- ward Y No, it is evident that he has kept ltis pledge as to them. 

But there was more than one campaign carried on in 1876. There was a campaign of the election and a campaign of the electoraJ. count, 

and if yon turn to his list of appointments, as I hold it in my hand, 

you will find that the theory which he has carried o-ut appears to have 

been this : not to reward those who carried on the election bnt to re- ward those who sec~ed his counting in to the high office of President of the United States. 

Let us see. I begin with his Cabinet. You find there the Secretary 

of State, who was counsel before the electoral commission; yon find 

the Secretary of War, who was also counsel before the commission; 

yon find the Secretary of the Treasury, who was one of the visiting 

statesmen who went to Louisiana. 

Look now at the local appointments, Anderson, Wells, Casanave, 

and Kenner in Louisiana, and at Stearns and McLin in Florida. 

Mr. DUNNELL. The gentleman is mistaken as to McLin. He was appointed by President Grant. 

Mr. HEWITr, of New York. I make the correction with pl~asure; 

I do not wish to do any injustice in this matter. I can only say that 

Mr. McLin's nomination was rejected by the republican Senators, to 

their immortal credit. I give them credit for that. 

We then come to some of his diplomatic and consular appointments. In the first place he pledged himself to make no personal appointments. Yet there are three appointments which may be regarded as purely personal, prominently so. There is the minister to France, 

Mr. Noyes; the minister to the Sandwich Islands, Mr. Comly; and 

the consul at Frankfort Mr. Lee. I think nobody will urge that all 

these gentlemen had achieved any such prominence in. political life aa would entitle them to the places which have been conferred upon 

them to the exclusion of other worthy m'en already in the service. 

And there is a singular unfitness in these appointments. They do 

not come up to any standard which the President could possibly 

have adopted if he had regarded his pledges. 

Take the caso of Mr. Noyes. He is sent to France. I have pointed 

Qut at some length the necessity of a minister there who can do some- 1hing toward obtaining for us a commercial treaty. :Mr. Noyes, I have 

been told, does not speak the French language; but he put Mr. Bayes 

in nomination, as I understand, at the Cincinnati convention. If I am wrong I trust I will be corrected. 

Mr. McCOOK. My friend from Ohio near me [Mr. TOWNSEND] 

MSerts that Governor Noyes does speak French. 

Mr. HEWITT, of New York. I can only say that a gentleman who 

had intercourse with him in Paris last summer assured me that he 

could not speak French. 

Mr. TOWNSEND, of Ohio. Perhaps the gentleman himself could 

not speak it. 

Mr. HEWITI', of New York. Perhaps he speaks English with a French accent. 

Mr. TOWNSEND, of Ohio. Mr. Noyes both speaks and writes 

French. 

Mr. FRYE. The gentleman from New York [Mr. HEWITT] is making a very severe a,ttack upon the civil-service policy or practice of 

Qur President. I hope he will see to it that his t!ide gives us, the 

friends of the policy, a sufficient time to reply. [Great laugbter.] 

Mr. HEWITT, of New York. How much time would the gentle- man from Main~ [Mr. FRYE] desire to haveY 

• 

Mr. FRYE. I think I will not fix any limit to the time now. [Laughter.] • Mr. HEWITT, of New York. The gentleman from Maine misapprehends me. I am not attacking the ci vii-service policy of the President; I am trying to show that the President has had no civil-service 

policy. 

Now, in regard to Mr. Comly; I had never heard of him, but I made 

inquiries about him and found that Mr. Comly was the man who discovered Mr. Bayeg, so to speak, [laughter,] and wrote him prominently into notice before the public as an available candidate for the 

Presidency. Now, Mr. Comly has made his first dispatch; it does not come through the State Department; that method of sending the 

communications of our ministers is obsolete. Mr. Comly is a news- paper man, and his first dispatch has naturally come to us by way of 

his own organ. I ask the Clerk to read this dispatch of Mr. Comly 

to this House, in order that we may know what kind of representatives this civil-service policy has given us among foreign nations. It 

appears in the Ohio State Journal. 

The Clerk read as follows : 

DIPLOMATIC MACHINERY-THE DELICACIES .Al\D INTRICACIES OF AN JNTEIUIATIOY.AL 

EXCH.ANGE OF CIVILITIES. 

[From the Ohio State Journal.] 

We appropriate the following from a private letter from General Comly: 

Do you know what it is to the minister to have a. man-of-war visit his postf 

First, the admiral sends his staff officer to report his arrival. Then they take a drink. Then thQ minister runs up his flag, and sends a dispatch to the minister of 

foreign affairs, notifying his m~iesty's government that the admiral baa arrived, 

and desires to salute the flag. Then his excellency reflies, and sets the time when 

the t.dmiral may shoot,_ and his majesty's big guns wil be all loaded ready to reply, £ILl for gun. Then the bombardn:i.ent takes place. Then the admiral calla on the 

minister, with the staff and all their good clothes. Then they all drink. Then the 

minil\ter goes aboard the man.of-war in his good clothes and the admirnl's yawl. Then they all drink. When he leaves the vessel, after being presented arms to, 

and all kinds of bother, he onJy gets about thirty yards away when his ears are torn and his bead bursted by the big guns of the vessel firing a fifteen-gun salute. 

The mariners have their oars peaked an.d their eyes on the mi.IDster, and he is 

expected to take off his hat and give horribly a ghastly smile, a.s if he really en- joyed the honor of having his head bursted in this way. Then the admiral comes as bore with his staff, and the minister takes him to call upon his majesty's govern- ment. We go first to the minister of foreign affairs, who tells us when we may 

have an audience at the palace, to present the admiral and other officers to his 

majesty. Then we visit tlie other ministers, the Governor of Oahu, the justices of 

the supreme court, and the marshal of the kingdom, then wo take a drink. Then 

the adiniral invites the minister to lunch, and they take a drink. Next day or so the minister takes the whole party to the palace, and they are presented 'in due 

form to his majesty. The admiral reads a little speech, in which he t.ells his 

majesty how glad we are to see him; and his majesty reads a little speech, in which 

he replies how ~lad he is to see us. Then we talk awhile with all the grandees, and after backing out of the presence sign our name in a little book, and the 

admiral hurries on board the vessel to get his kidneys relieved from the pressure 

of his sword-belt as soon as possible. Meantime all the other e.xcellencit>..s, repre- senting every country under heaven, have been sending notes to the minister, beaging him to name the happy day when it will please the admiral to send a boat f8r 

them to come aboard, and have a salute fired for them. Then the Frenchman 

always gets mad because he did not get as many guns as he thinks he ought to have had, and the minister has three months' correspondence on his hands before 

that is settled. You think it is all over nowY The trouble is only about to begin. 

There are dinners, lunch parties, dances, serenades1 visits to be paid, and the devil to pa;y if the foreign representatives do not receive their return call before the 

week1Sout. 

[The reading of the dispatch was frequently interrupted by laughter.] 

Mr. HUMPHREY. I rise to a question of order. 

The CHAIRMAN. The gentleman will state it. 

Mr. HUMPHREY. My point of order is that there are not enough 

drinks in that communication. 

The CHAIRMAN. The Chair overrules the point of order. [Laughter.] 

Mr. CONGER. Will the gentlemanfrom New York [Mr. BEWITTT 

allow me to ask him one question 1 

Mr. HEWITT, of New York. Certainly. 

Mr. CONGER. I did not hear distinctly the reading of that article; 

all of it. I desire to know whether the scene of that transaction was laid in Switzerland Y 

Mr. HEWITT, of New Y crk. It was not, because in Switzerland we are represented by the son of the late Secretary of State, anrl I take 

it that the proprieties of life are observed there. 

l\!r. CONGER. The gathering of the war vessels around the capital made me suppose it was in Switzerland. [Laughter.] 

Mr. HEWITT, of New York. Now that dispatch is a good introduc- tion to the work which Mr. Noyes will have to do when be undertakes 

to negotiate a treaty with France. It will be reproduced in every part 

of the world, of course, and it will be understood by what class of men this Government desires to be represented when the President 

picks out all his personal friends. 

Then in regard· to Mr. Lee, I have only this to say: he is sent to 

Frankfort; he has never been in the diplomatic or consular service. 

He is put there over the head of many worthy men in the service; men who had n. right to rely on the promise of the President that 

they would be promoted for long and faithful service; men who bad 

been clamoring at the State Department for promotion to pla{}es where 

they could get a decent living. Yet Mr. Lee is sent there merely be- cause the President wanted to rAward his private secretary. Mr. JONES, of Ohio. I have the honor of a personal acquaintance 

with Captain A. E. Lee; I know him well; I was with him in college; I have known him ever since, and I undertake to affirm that, 
1654 CONG-RESSIONAL RECORD-HOUSE~ MAROH 11, 

for a man of his age, he has no superior in point of culture, capacity, 

and integrity in this or any other country. I affirm further that if 

it shall turn on t that all the appointments of the Presiilen tare equal 

to this appointment in suitability to be made, no better appointments 

could be asked by any one who desires to see our public service elevated in moral tone. [.Applause.] 

Mr. HEWITT, of New York. I am glad to hear this testimony to 

Mr. Lee's character. Nothing that I had said was intended to impugn 

either his character or his ability. My object was to point out that 

this appointment was made on personal grounds; grounds which the 

President pledged himself not to be influenced by in mahlng appointments. That is all. Bot I would like to ask the gentleman, who 

knows Captain Lee very well, whether he speaks tke German langoagef 

Mr. JONES, of Ohio. I undertake to say that hs can translate Ger. man and speak it. I undertake to say that in point of qualifications 

and character be comes up to the Jeffersonian standard. 

Mr. HEWITT, of New York. I am very glad to hear it. 

:Mr. JONES, of Ohio. So far as regards the statement that his ap: 

pointment has been made on personal grounds, I will say that I have no doubt it was made solely upon the merits of Captain Lee; and I 

have no doubt if he had his personal merits, he would hold a very 

much better position than he now does. I would not express such 

confidence in him if I did not know that every man who has the honor 

()f his personal acquaintance will reaffirm what I say. 

Mr. Mc~!A.HON. I would like to ask my colleague [Mr. JoNEs, of 

Ohio] a questiQn. Was not this appu~tment in part due to the fact 

that the gentleman appointed bad a connection with a certain organization known as the ".American .Alliance Y" 

Mr. JONES, of Ohio. It certainly was not. I undertake to sa,ythat 

the personal merits of Captain Lee would justify his appointment 

upon merit alone, and that his merits would justify his appointment 

to a mu<;h higher position thau the one he now fills. 

Mr. HEWITT, of New York. Whatever his personal merits may 

have been, be should have been excluded from appointment by the 

fact of his personal relations to the President. That is my point, and 

that is the only point I make. 

Now, Mr. Kasson is appointed to Vienna. He is a man o:! talent 

and experience, eminently fit to take care of .American interests. But 

he was also one of the ''visiting statesmen." He Wint to Florida to 

superintend the electoral count; he rendered valuable service in that 

struggle; and he was one of the counsel before the electoral commission. 

There still remains the appointment of :Ur. Stoughton to Russia. 

where we had an able and accomplished secretary of legation whoso 

promotion would have been a well-deserved 1·eward for long service 

in the diplomatic corps. But he wa-s not so fortunate as to have taken 

part in the electoral struggle. Mr. StoughtonJ on the other hand, was both a visiting statesman and of counsel before the electoral commission, and therefore his reward seems to have been demanded and paid. 

Tbas far, therefore, the appointments seem to me to have been made 

either because of the personal relations of the appointees to the President, or of their services renderetl before the electoral commission, or in the preparation for the hearing of the cause before that tribunal. 

We now come to another class of .appointments; and the.v are tlie 

respectable ones. Mr. Lowell is appointed minister to Spain; Mr. 

Welsh to London; and Mr. Bayard Taylor, to Germany. These gentlemen were certainly not appointed upon party grounds; they have 

evidently been appointed for their respectability. I know them all; 

I respect them all. I know of no three men that can be named who 

stand higher in point of personal character than these three gentle- men. Yet I venture to affirm that with the exception of Mr. Taylor, 

the appointments are not such as should be made, when you consider 

the duties that are to be performed. 

Take Mr. Lowell. He is a poet, a man of lettei'S, and a scholar who 

has done honor to his name, his age, and his country. But our relations with Spain, in censequence of our proximity to Cuba, are always 

of a. very delicate and intricate nature; and it bas always been recog- nized that men of peculiar fitness should be sent to represent us at 

that court. Mr. Cushing, our late minister there, was of that order of 

men-probably the fittest man in the country, in view of the difficulties of the situation. But Mr. Lowell, as I am told, was originally 

selected for Vienna and Mr. Kasson for Madrid. The original selection would have been very much more advantageous to the country 

than the final change. Mr. Lowell had said a long time ago of Mr. 

Cushing-no doubt prophetically- · · 

Caleb h'aint no monopoly to court the Senoreetas, 

My folks to hum air full as good as his'n be, by golly. 

I suppose, therefore, 1\Ir. Lowell thought that he had better take 

Spain, and besides he had the precedent for it in Washington Irving. And then, moreover, he was a civil-service reformer, for had he not 

said in the Biglow papers: 

[Laughter.] 

I dn believe it's wise an' good To sen ont fru-rio missions, 

That is, on sartin understood 

An' orthydox conditions;-

! mean nine thousan' dolls. per ann., Nine tllousan' more for outfit, An' me to recommend a man The place 'ould jest about fit. 

And to study Spanish literature it is the right place, but that is not 

the kind of service the .American people want. We sell $15,000,000 

of goods a year to Cuba, and we buy $72,000,000 from them. It is a place·where we could increase our trade with n. proper commercial 

treaty nearly $60,000,000. We can only do it by taking advantage 

of our situation with reference to Cuba, to negotiate a proper commer- cial treaty. To-day .American goods are largely prohibited in Cnba, 

and it is the cheapest route for .American goods to Cuba to send them 

to Spain to reship them and bring them back there. 

Now, Mr. Chairman, who will pretend that this poet, scholar, and 

gentleman is fitted by experience and capacity for the work w hicb be 

has to do, for the work which the .American people demand, or that he 

has that training which the President says should accompany appointments to office ! 

Then take the case of Mr. Welsh. No more reputable merchant ever lived in .America; no more worthy gentleman is to be found; yet the 

questions we have with Great Britain, it so happens, are mainly political ones, which he is not qualified to discuss. During the last year the 

extradition treaty was the subject of discussion, and even in the able 

hands of our late Attorney-General, then minister to Great Britain, it 

became so complicated that the negotiation was removed from London 

to Washington, and confided to the more experienced hands of the 

Secretary of the State and of Sir Edward Thornton. Now, how is :Mr. 

Welsh to deal with questions of this sort Y I think that I do not over- estimate the modesty of Mr. Welsh's character, when I venture to believe that be will not make any pretension to the ability to undertake 

negotiations involving intricate questions of international law. 

So as to Mr. Taylor, of whom I can spsak in terms of the highest 

respect; and I know the newspapers and public havereceived theap· 

pointmeut with acclamation. Bnt, in view of the peculiar function 

of the American minister in Germany, I bold that at this pa:ticular 

juncture Taylor is not the man who ought to have been selected, although I frankly admit he is not open to the objection of not having 

diplomatic experience, for be was once secretary of legation, I believe 

in Russia. The questions which will have interest for us, mainly the 

financial policy of Germany, will have but little interest for him or resulting advn,ntage to us. Therefore it seems to me the preposition is demonstrated that the 

President has not adhered to any of the cardinal doctrines which he 

laid down on the many occasions when he bas spoken on the subject 

of the civil service. And I have reflected whether by any possibility 

his good intentions and his will had been paralyzed by declamtions 

made either upon this side or npon that side of the House or by 

discussions in the newspapers as to the sufficiency of his titl~. If 

the President bas paid any attention to that discussion or has been 

influenced by it· in tho slightest degree, so far as I am concerned I 

wish to say distinctly that I hold his title to be beyond the reach of 

any proceedingil, legal or otherwise, except in the forum of his own conscience. If there was a fraud it was not a fraud committed by 

the President; it was committed prior to the meeting of the electoral 

commission; and if there was a wrong done it was done not by the 

President, but it was done by the members of that commission who 

had led gentlemen in this House and elsewhere to expect that evidence of tho fraud would be admitted. If there was a trick or fraud 

it waa there, and what this House did was nothing but the perform- ance of its solemn duty to register the decree of the electoral com- mission. This ungrateful duty was nobly performed, and from that 

hour Mr. Hayes held his office by a title which I hold to be irrefragable and sacred, and therefore he of all men can afford to disregard 

all threats and march forward in the execution of the pledges he has 

given to this people: But if he goes on to the end of his term falsifying these pledges, neglecting tho performance of these obligations, 

then I say the .American people will hold the fraud has been, not in 

the title, but in the performa nee. I wish that I could make the President comprehend-and it is the 

only reason why I have allowed myself to indulge in these remarkshow deeply the patriotic and intelli~ent citizens of this nation feel 

upon the subject of reform in the c1vil service. They believe that 

the degradation of the Republic dates from the time when it was proclaimed and acted upon that to the" victors belong the spoils." They 

believe that the demoralization which has shown itself during recent 

years·in the execution of public and private trusts is largely doe to 

the example of making public office the reward of partisan service, 

often of a disreputable kind. They see that revolution is organized 

in the very fTame-work of the Government, when once in four years 

there is a struggle for the control of one hundred thousand offices, 

and they fear that free government cannot survive many more such 

conflicts; that we shall soon be driven to take refuge in tlte safe 

guardianship of a, military despotism. 

These men, n mong whom I ask to be counted, regarded the position of President Hayes as peculiarly favorable to the realization of their 

hopes. He was singularly free from mere partisan influences, and 

the platform of principles enunciated at Cincinnati fully justified 

him in taking prompt and effectual measures to bring about. the reformation of tho civil service, for which we had literally hungered 

and thirsted. Thus far we have waited in vain; in fact we have been 

doome4 to utter disappointment of our clierished hopes. We recog- nize that no reform can be effected by legislation; that to be effect- iv~ if.a basis must be found in sound public sentiment, which we think 

exists, and its reliance must be not upon mere rules and competitive 
1878. CONGRESSIONAL RECORD-HOUSE. 1655 

examinations, but upon the common sense and firm will of the chief 

executive officer, who nmkes appointments and can aloGe enforce 

!Ules. 

There is yet time for the President to redeem himself from the 

jutlgment· of condemnation developed by the experience of the first 

year of his adrninist~ation. For on_e I t~incerel.y d~sire tha~ he may 

be able to restore htmself to the ht~h plane of h1s profes:aons aml 

promi es. I wish to believe in his aesire to do this, and I am well aware of the embarrass~ents which have been put in .his way by his 

own party. A man who has shown himself to be so capable of resisting intimidation from his friends is capable of much· higher resolves an~ more sat~sfactory practice than I have been reluctantly forced to 

review. 

If dnring the succeeding years of his term of offioe he shall devote 

himself to this great work he will entitle himself to the gratitude 

and confidence of the country, but if he shall turn aside and pursue 

the road he has hitherto traveled I can only say in fear and trembling, "God save the Republic." , 

APPENDIX. 

A CO~:lPA.RISON OF CONSULAR EXPENSES OF THE UNITED STATES AND GREA'l' BRITAIN FOR THE YEAR 1877. 

RKMARKs.-Ta.bles I and II contain the number of consuls of the two countries, together with their salaries and rent allowances, in European and Eastern and in the 

American States, respectively. The salaries of consular clerks, dragomans, &~ •• are included therein. The rent allowance in the British service is a specific sum for .. otl:ice expenses and house rent." In the United States service a maximum sum equal to 20 per cent of the salary is allowed paid consuls for office reat only, and • this maximum sum will not be allowed except upon vouchers showing it to have been actually so expended for office rent. Annex A gives the aggregate numbel' and salaries of consuls sent by the United States to Great Britain and by Great Britain to the United States. 

Annex B shows the number of United :States consular officers paid by fees only. Feed consuls are authorized to retain from the fees collected by them an amount not exceeding 2,500 in any one year; and such sum, not over ~o. as the Secretary of State may determine, for office rent. They are not allowed to retain any sum for clerk hire, save by special permission. This table also shows (by the Jetter band an exponent) the number of United St~tes censnls in each country allowed to transact business; e. g., Argentine Republic, 2 (bt) sii!Difies that there are two consuls paid from fees and two allowed to trade. 

In addition to the officers already enumerated there are three hundred and forty-one consular agents; subordinate officers appointed by the State Department on the nomination of the consul in wbose district they are, who supervises and i&. responsible for them. They are entitled to retain from fees collected by them such a sum as the President shall determine, not-in excess of $1,000, and a sufficient amount to pay for stationery and postage on official letters. The rest must be accounted for; and every comml and commercial agent may retain from the ag~egate fees turned m by the agents of his district. $1,000 for his supervision and responsibility. By section l70"J Rev• sed StatutE's all consuls whose salaries under existing laws do not exceed $1 ,500 per annum shall be paid at the rate of $2,000 when the fees 

collected at their consulates amount to $3.000. There are 130 salaried British officers with fixed stipends at :p<!Sts where there are no corresponding Unit-ed Stat-es officers, and 85 United States officel'!l of consular 

rank. salaried or receiving fees at posts where there are no British officers. 

A comparison of consular expenses of the United States and (}reat Britain fm· the year 1877. 

TABLE I.-EUROPE AND THE EAST, (excluding tlle British Empire.) 

Country. 

co 

~~~ ~ "'-o 

.25 .SI!l~ = . PO~ (ij oc:ll== 

iJit- (,) Q) 

Residence. United States.officer. ;; .o ~-< British officer . co ~ M .-::~.9 a)dl 8~8 ~ co ~~8 ..... "' -~~;~ :;3 ocij3 "E 1: ~..Qo p ~ ..... ~ 

Austria-Hungary .... ~ ....... Buda-Pesth. ...•... ... ...•.. ('onsul ..................... . Prague . .••••. .....•..•... Consul. ..........•.......... Fees . . . . . . . . . . . . . . Consul-general . . . . . . . . . . . . . . . . . . £1, 000 £200 

f2,000 $400 ··················---·-··· ········ --·-·· · · ·· ·· ·· ·· .... Tri&~te ..•..•...........••.. ConsuL .................... . 2, 000 4.00 Consul.......................... GOO 100 Vice-consul.................... 100 

~~;::: ::~~: :::::::::::::::: ·c~~~:i~~e~~: :·:::::::: :·. ·--- 3~ oao· ·-· ··· 60i) -~~~~-~-~~:.-.-.-.-:::::::::: :::::: ...... ~~ . Finme ...........................•............•.................... .......... Vice-consul..................... HlO 

50 

·, ------ $7,000 $1,400 £2,300 £350 

B:u-biU'y States............... Tangier . . .. . . .. . . . .. .•. . .•. Consul ...•.................. $3,000 $600 Consul-general 1 • • • • • • • • • • • • • • • • • £2, 000 £260 Consul......................... . 500 .•. . . Laraiche .........•......... . .....•...............•............................ Vice-consul..................... ......... . 50 Ra,l.>at .............................................................. .......... 'Vice-consul................ ..... . ... ..... 50 

~:;.:f1:'~~~:::: :::: :~:: ::: :::::::::::::::::::::::::::::: ::::::::: :::::::::: ~~~!~~~;,~-~ :::::::::::::-:::::: .... --~~ 1~g Maza~.. .. . .. ....... .. . .•. .... .. .. ... . . .. ... .•••... ... .. . ... .•.•.. . . . . .... .. Vice-consul . ... .•. ....•• .•... .. . .... .. . . . 80 

Saffee . .. . .... .. . . . . .. . .. . . . . .... .. ...... ...... ... . .. ...... .... .. . . . . ......... Vice-consul . .... .. .... .. . . .. . . •. ... . . . . . . . 50 

Tetuan, (b) •••.•••.••• . •••••. Commercialagent .... . ...... Fees ... . ......... . .......... ....•....•........................ Tunis ......... ; ............ Consul...................... 3,000 600 Agent ::ndconsul-general........ 1,6CO 250 Vice-cousul ..........•...••..... 450 Snsa .......................................................................... Vice-coasul . .... .. ... .•. . . . . . . .. 300 30 

$13, 000 $1, 200 £5,100 £965 

Belgium ........•...•........ Antwerp................... Consul..................... . 2, 500 $500 Consul.......................... 2£750 £250 Brussels.................... Consul. ..................... 2, 500 500 Vice-consul .........•••........ . ...... . :. . 100 Ostend...... .••.•.. .. . ...•.. . . . . . . ...... ... .. . ...... .•. ... . ... . . ... . ......... Vice-consul ................... •.. ... .. . . . . . 15'1 

Ghent, (b)................... Consul ................ ....... Fees ... . ......... . .•.•.........•...•............ .••........... ......... Vervi~rs...... ...... ..... .. . Consul...................... ~ 500 300 ••••••.••..••.... . .••..•••.•••.•...•••..... . ......... 

6, 500 1,300 £750 . . £5(), 

r=: =: 

Bight of Biaf:ra ..•...•....... Fernando Po ........................................................ .......... Consul ...•..................... . £600 £300 

====-= 

Borneo ...•...•••..•. ····-·· Brunei. ......•••••.................................................. ...•...... Consul-general .•.. .. ...... .... .. £300 £200 

-= 

China .....•.•....••••...•.... Pekin...... . ............... . ...................................... . .......... Secretaries, surgeon, interpre- £25,097 ters, &c. 

Amoy ....•.......•...•...... Consul............. . . . ...... $3,500 $7(h) Consul.......................... 900 £10 

Marshal.................... 1, 000 .......••.••••.....•......••••••.......••••.•••••.... . and fet>s. 

Interpret-er................. 750 ..•....... Consul ........••...•.•......•.. . ...•..... . ........•. Canton ••••••......•.•...••.. Consul...................... 3, 500 700 Consul . .. . . . ...... .... .. . ..... .. 1, 600 275 

Interpreter................. 750 .••.•••.•. Vice-consul ·..................... 700 Chin Kiang ..........••..... Consul...................... 3, 500 700 ....•.•..••..•••••••••••.••••••••..••... Kin-Kiang ............•.•.......................................... . .......... Vice-consul..................... 75o 75 Foo-Chow •...•.. ..•......... Consul...................... 3, 500 700 Consul......................... . 1, 300 100 

Marshal.................... 1,000 . ... . . ...••.•...••••..•.••••••••.•••••..••.•••....••..•••...... 

and fees. 

Interpreter................. 1, 500 .••••. . ....•.•••.•••...•.. .•••.••.••••••.••. ••....... . .•. . ..••.. Hankow .•.......... ....... . Consul. ... ,................ 3,500 700 Consul......... . ................ 1,000 100 Marshal................... . 1, 000 .•............. · .................•............................... • and fees. 

Interpreter ................. , 750 .................................. ... .....•.......... 
1656 CONGRESSIONAL RECORD-HOUSE. MARcH 11, 

A. comparison-of consular-expemes of the United States and GTeat Britain. for the year 1877-Continued. 

TABLE L-EUROPE AND THE "EAsT-Continued. 

~ ~re 

-ca ~~~ Ill o- f: ~ ~~~ <0 ~~c ~ oo!S -~ ~~0 ~ 

Country. Residence. United States officer. :British officer. 

£900 £75 900 100 

China .•.••..•••••.••.••.•.... NewChwang, (b) ............ , Consul. ................... .. Ningpo . .. .. . . .. . .. ......... ConsuL..... . ............. . Fees ... j .......... l· Consul ...................... . . .. $3, 500 $700 Consul .. .. . . .. .. . .. .. .. .. . . .. .. Shanghai ....... : .... ....... I Consul-general ............. . 

Consular clerk ............ .. Marshal ................... . 

Int-erpreter ................ . 

Tien-Tsin........... . ....... Consul .................... .. Marshal ................... . 

5, 000 1, 000 JudgeofsupremcconrtforChlna 

ana Japan. 

1, 200 

1,000 

and fees. 

2,Q00 

3,500 

1, 000 

and fees. 

Consul ........................ .. Vice-consul ................... .. 

Deputy judge, clerks, secreta- nes, coolies, &c. 700 Consul ......................... . Additional allowance ........... . 

3, 500 

1,500 

750 

4,826 

900 

200 

275 

100 

Interpreter . . .. .. . .. .. .. .. .. 2, 000 . .. • .. . . • . . • . . . • • . . .. . . • • • .. .. .. .. .. .. .. • • .. • • .. .. .. .. .. ....... . 

~;~~~~:::::::::::::: :::::: :::::~ :::::::::::::::::: :::::::::: :::::::::: ~l~~E~~-: :::::::::::::::::::: ~~ ~~ Swatow. . .. . .. .. . . . . . .. . . . . . .. . . .. . . . . .. . .. . .. . . . . .. . .. . .. .. .. .. . .. . .. .. . . . . . Consul . . . . . . . .. . .. . .. .. . . . . . . . . . 800 100 Taiwan . .. .. .. .. . .. . . .. .. .. . .. . . . . .. . .. . .. . . .. .. .. .. .... .. . . . . .. .. .. . • .. . .. . .. Consul .. . .. . . .. . . . • .. . . . . . .. .. . . 800 75 

~y-::::::::::: :_: ::::::: ::::::::::::::.::::::::::::::: ::~ ::1: ::~~:: ~~~;,;·::::::::::::: :::::::: ,· ~:~:=· .... ~: 

DanishDom.inions ........... Copeuhagen ................ ConsuL.................... $1,500 $300 Consul........................... £500 £200 Elsinore . .. . .. .. .. .. . .. . . .. . . .. .. . .. .. .. . .. .. . .. . . . . .. . .. . .. .. .. . . . Vice-consul ...... . •.... .. .. .. . • .. 200 150 

Saint ThomaB. ... . .. .... .. .. Consul...................... 2, 500 500 Consul .. .. . .. . .. . .. . .. .. .. .... .. 800 300 Santa Cruz.................. . .. . . . .. .. .. .. . .. • .. . .. .. .. . .. . .. . .. . . . . .. .. .. . . . . Vice-consul............... .. • • • . 250 

$4, 000 £1,750 £650 

FrenohDominions ........... Algiet·s ..................... Consul ...................... Fees . ............. Consul-general.................. £800 £250 Consular clerk.............. $1,200 ................ ..................................... . ......... . 

Friendly and Navigator's Islands. 

~~~~~~ ~~::::: ~: ::: ::::~~: :. :::::::::::: ~::::: :::::::::::: :::::::::: :::::::::: ~i~!~~~~i::: :::·.· :::::::: ::~: :: ~~g ...... -~~ Oran . ... .. ..... • ... _. . . .. . .. . .. . .. . .. .. .. .. .. . . . . .. .. .. . . .. .. . . . . . . .. .. .. .. . . . . Vice-consul .. . .. .. . . .. . . .. . . . .. 150 . ........ . Bordeaux . .. .. .. .. .. . .. .. . .. Consul............. . .. .. .. .. 2, 500 ~ Consul .. . .. . .. .. .. .. .. .. .. .. .. .. 700 250 :Bayonne . ........... -· . • .. .. .. . . . . .. . .. . . . .. .. .. .. .. .. .. .. . .. . .. . . . . . .. . .. . .. . Vice-consul . .. . .. .. .. . . .. . .. . • .. . .. . . . . . . . 100 

:Brest ..................................................... .................... Consul.. ......................... 600 150 L'Orient .................. -........... -.. -.......... .... .. . . .. .. . . .. . .. .. .. .. . Vice-consul........ . • .. . . .. . . . .. 25 

<.:a.lais ........................................ ................................ Consul........................... 450 150 :Boulogne . .. . .. . . .. . .. .. .. .. .. .. . • .. .. .. .. .. .. .. .. . .. .. .. . .. .. . . . .. . . . . . .. .. . . Vice-consul...... . . .. . . . . . .. .. . . 250 150 Dunkirk........ . .. . . .. .. .. .. . .. .. . .. . . .. .. .. .. . .. . .. • .. . . .. .. . . . .. .. . . . .. . . . Vice-consul.... . ... . .. . .. . .. .. .. . . . . . .. . . . 2.30 

Cayenne, (b) .. .. • • • . . .. .. • .. ConsuL..................... Fees... . .. .. .. . . .. Consul..... . . . ..... .............. 500 100 

~=~ro::::::: ::::::::::: :::::::::::: :::::::~ :::::::::: :::::::::: :::· :::::: ~1~!~~~·::::::::::::::::::::: ...... ~~- ~ Gaboon, (b) .................. Consul ...................... Fees .............. ...................................... ............ ... . 

t:~:~~~~~~ !~~: :::::::::::: 8~:~: ::::::::::::::::.:::: F~~ ooo · · · · · · · ooo· · e:·~~;~i ·:::::::::::::.:: :::::::::: · · · · · ·doo · · · · · · · · 2oo 

Vice-consul...... . .............. 150 .......... Caen........................ .. . .. . .. . .. . . .. . . .. .. . . . . . . .. . . .. . .. .. .. . . .. .... .. Vice-consul.......... .. .. . ... . .. .. .. .. . . . . 75 

~~e:K~:::::::::::::::::::: :::::::::::::::::: :::::::::::~ :::::::::: :::::::::: ~~::~:~ ::::::::::::::::::::: :::::::::. }~ Rouen....................... .. . -.. . . . . . .. . . . . . . . . . . . .. .. .. . . . . .. . . . . . . . . . .. . . . Vice-consul...... .. . . . .. .. .. . . .. . . .. .. .. . . 100 Lyons .. . .. . . .. . .... .. .. .. .. Consul.... . .. .. . .. . . . . . . . . . 2, 500 500 .................................................. ... . 

Marseilles . .. .. .. .. . .. .. .. .. B~~t~~~~~ -~l-e~~~:::.:::: ~ ~~~ ...... sao' . c·~~;;J~: .'_'_'.'.'.::: :::::: ~:::: ::::: ...... 950 . ....... aoo 

Nice.. .. .......... .. .. . .. .. . Consul...................... 1, 500 300 Vice-consul.... . .... . .. . .. .. .. .. . . .. .. .. .. 150 Martinique . .. .. .. .... .. .. .. Consul...................... 1, 500 300 Consul........................... 100 

Toulon .............. . ............. -.... .. .. . .. .. . . . . . .. .. . . .. .. .. .. . . . .. . . . . . Vice-consul .. .. .... .. . .. . . • .. .. .. 50 Nantes . _.... . .. . . . . . . .... . . . . . . . . . . . . . . .. . . . . ... .. . .. . .. . . . .. . . . . . . . . .. .. . . .. Consul.......................... 500 

Charente .. .. .. . . . .. . .. . . . . . . .. . .. .. .. . . . . . . . .. .. . .. . • • • . . . .. . . . . . .. .. .. .. . .. . Commercial agent . .............. ........ .. La Rochelle .. . .. . .. • .. . . .. . .. . . . . .. .. .. . .. . . . . .. . .. . .. . . . .. . . . . . . . . .. . .. . . . .. Vice-consul . . .. . .. . . . . . .. . . . . . .. 250 

SaintNazaire . ............ .. ... . ... . ............................ .............. Vice-consul . ........................... .. . New Caledonia .... . ..... .. . .............. . ............ . ........ . ............. Consul . ......................... 700 

Reunion ......................................... :. . . . .. . . . .. . . . . . . . . ... .... .. CCoonnssuluL_._·_·_·_·_·_·_· __ .. _·_ · .. --.·.·.· . . _ ·.·.·.·.·. ·.· .... _l_,_o_o_o __ Sai~on. _ ......... . ... _ . ...................................... _ ............... . Pans ....................... Consul-generaL....... ...... 6,000 1, 200 Con ul whoi~alsoattach6, reg- 100 

istrar, and librarian in diplo- matic service. 

200 

50 

150 

100 

300 

150 

400 

200 

Rbeims, (b) .............. . .. Consul ... ................... Fees .. .. ............. ... .............................................. . Saint Etienne, (11) .. .. . ...... Consul.• ..................... Fees .... .................................................... .. ........ .. Saint Pierre, Miquelon, (b) .. ConsuL.. . ...... .. .. . .. . .. .. Fees .................. ....................... . .............. ... _ .... ... . 

$:22,900 $3,900 £8,825 £ 4,315 

~~a:. ::~::::::::::~ -:::::: .?.~~~~:::: :~:::::: :::::::::: ... ~·- .... -~~- · c~~s~i::::::.:: ::::::::: ::~ :::::· .... £450 · :::::::::: 

Gennany.... ... .. .. . . . .. . . . . . Aix-la-Cbapelle, (b) . ... . . . . . Commercial agent. .......... Fees.. .. .. . . . . . . . . . . . . .. .. . .. . .. . . .. . . . . .... . . . .. . .. .... .. . . . . ... ..... . :Barmen. .. .. .. .. .. .. . . . . .. .. Consul.. . .. .. . . .. .. .. .. . .. .. $2, 000 ' $400 .. . .. .. . .. .. .. .. . . .. . .. . .. . . .. .. .. .. . .. .. .. .. ....... . Berlin ...................... <.:onsul-J!;eneral.............. 4, 000 800 Consul-J!;eneral. ................. No pay ......... . Consular clerk.............. 1,200 . ... . . . . .. ..... . ...... . ..... . .... . ................ .. . . ........ . Bremen . ........ .... ....... . Cousnl... ... .. .. ...... .. .. .. 2, 500 500 Consul...... . . . ...... ... ........ £500 £200 

Brunswick, (b)...... . .. .. .. . Con.">ul...................... Fees .. .. .. .. .. .. .. . .. .. ................... ........................... .. Cberunitz ............. .. .. . . Consul... . ................. . 2, 000 400 . ........................................ . . . ......... . 

g~~~ ~~·:::::: :::::::::::::: g~~ ~~:::::::: :::::::::::::: ~; ggg ~~ :::::::::::::::::::::::::: ~~:::::~ :::::::::: :::::::::: 

~~~t:::::::::::::::: ·2: ~::::::::::::: ---~ :: .... ~ gr.~~-~:~~~::::: :::::::::::: Nop~ ...•. :: 

. f~ :~g; ;; :! ;; ! ~~;;; ~! : • LL; ~•!: ;; : •; ~ ;u;; :; • ::.~ iJ t. ~ •:• ;; : .~ :,_ ~~~~:~ .!-:.!! E !!).:_·;; ~~;: :·~: :::.::: ~ 
1878. CONGRESSIONAL RECORD-HOUSE. 1657 

A compari8on of C07!Bula1' expenBeB of the United StateB and Great B1'itain, j01· the year 1877-Continued. 

TABLE L-EUROPE AND THE EAST-Continued. 

I 

Connt;y. Residence. I United States officer. British offi~r. 

j· 

Germany . . . • . • . • • . . . . . . . . • . . Manheim . . . • • . • . • • • . • . . . . . . Consul. .................... . Munich ...•......•.......... Consul .............. ....... . 1,500 

1,500 

2,000 

2,000 

1,500 

$300 

300 

400 

400 

300 

Nuremberg ...............•. Consul ..................... . Sonneberg . . .. . • . . . .. . .. . • • . Consul. .................... . Stuttgart ................... Uonsul .................... .. 

-------

32, 200 6, 200 £3,350 £1,380 

====== 

Greece ...... ................. Patras ...................... Consul ...................... Fees .............. Consul........................... ......... . £250 

Corfu .......................................................................... Consul........................... £700 150 

Cephalonia................... .. . • .. . . . .. . . . .. . . . . . .. .. . . . . . .. .. .. . .. . .. . . . . . .. . Vice-consul .. .. .. .. .. . .. .. .. .. .. . .. .. .. . .. . 150 

Piraeus . .. .. . . .. .. . .. .. .. .. . .. .......................... ·.. .. .. .. . . . . . .. . . . . . . . Consul..... .. .. .. .. .. .. .. .. • . .. .. 3.'50 100 

Syra. .......................................................................... Consul..................................... 150 

' £1, 050 £800 I === Hawaiian Islands ............ Honolulu .................... Consul...................... $4,000 ------··--! Commissionerandconsul-general £1,100 I £400 

Consular clerk .. . . . . . .. . • . .. 1, 000 . $800 .................................................... .. 

==-

$5,000 =-==---I =====::::== --:n100 ~ 

Italy ......................... Brindisi ............................................................ . .......... Consul........................... £400 £1i0 

Ca.e:liari...... . .. .. . . .. .. .. .. .. . . . . .. . . .. .. .. . . . .. . .. .. .. . . . . . . .. . . .. . . . .. . . . . Consul. . .. . .. . . .. .. .. • . .. .. .. . . . . . .. . .. . . .. 150 

Carrara, (b) ................. Consul ...................... Fees ................................................................ . .. Civita. Vecchia ................................................................ Consul........................... .......... 150 

Florence.......... .. . .. .. .. . Consul...................... 81, 500 $500 Consul........................... 600 150 

Ancona...................... .. . . . . .. . . . . .. .. .. .. .. .. .. .. .. . . .. .. . . . . . . . . . .. . . . Vice-consul . . . .. ... .. .. .... . . . . . . .. . . . . . . . . 150 

Genoa....... . . .. .. . .. . .. . . .. Consul...... .. .. .. .. . .. . .. .. 1, ::;oa 300 Consul............ . . .. . .. . . .. . . .. 600 250 

Svezia....... . . .. .. .. .. .. .. .. .. . . . . . .. . . . .. . .. . . . . .. . .. . . .. .. .. . . . . . . .. . . . . . . . . Vice-consul............ .. .. .. . . .. . . . . . . . . .. 20 

~:s~?n~-.-.-.-::::::::::::::::: g~:~L:::::::::::::::::::: ~:~~ m ~~~=!~8~:::·:::·.:::::::::::::: i~ .......... 

~~/~:~~~;;::~;;;;;;; :~~~Hi!HH :;J~: -<~; .ij][i-l~.:~:~-~-;-~_!;;i; ~~~~~~j: ::::::·ill . ~ e2.400j £~£l:530 

Japan .••••••.••••••••••••.•••. Kanagawa .•• •• . •••• •• •.•• •• ~.;E~~:::: :::::::::: .. Ji~ .... _ -~- -~~:::: ::: ::·:: ::::::::::::::: _ ---~ ____ ~1!!5 Intet1>reter........ .......... 2,000 .............................................................. .. Nagasaki ................... Consul............ .......... 3,000 GOO Consul.......................... !)00 125 

l!arshal..................... 1,000 ......... . ............................................. .... . . . . and fees. 

Hiogo....................... Consul, (also at Osaka).. .. .. 3, 000 600 Consul.......... .. .... .. .. .. .. .. . J, 000 125 

Osaka.......... .. .. .. . . . .. . . .. . .. .. . . . . .... . • .. .. .. .. .. .. .. .. .. .. . . .. .. . . . .. . Vice-consul .. .. .. .. .. . .. .. .. .. .. 600 GO 

~::d~di: .· :~ ~:::::::~~~: ::: ::::::::::::::::::::::::::::::1:::::::::: :::::::::: x~:~~~-: :::::::::::::::::::: : 1~ Yedo ...................................................... --~~~~---·~:~- Staff ............................ £1::: =-~~~~ 

====' == 

Liberia....................... Monrovia.................... Minister-resident and con- $4,000 $800 .................................................... .. 

sul-.e:eneral. . Grand Bassa, (b) ............. Commercialagont ........... Fees ................................................................... . 

1=-===, 

Madagascar ... -.............. ¥=ari~~::::: :::::::::::: . ?.~~:::: :::::::::::::::::: ... -~ ~ ...... ~-.1 · C~M~ ·:.:::::::::: :::::::::::::: .... £8oo .... -. £i50 

Muscat .. .. .. .. .. . . . .. .. . . . .. Zanzibar.................... Consul.................. . ... $1, 000 $200 Paid by India. office ................................ .. ===--=~ 

Netherlands and Dominions. . Amsterdam...... . .. . . . . . . . . Consul ..................... . Batavia.,(b) .................. Consul ...... . ............. .. $1,500 300 Consul ........ ~............... £600 £206 

1,.{)00 200 Consul .. .. .. .. .. • • .. • • • .. .. .. . .. 200 ......... . Cura9oa1 (b)................. Consul. .................... . Padail.e:, (b). . . . . . .. .. .. . . . . .. Consul ..................... .. ~::::: :: :::::::::: -~~-~~::::::::::::: :::::::::::::: :::::::::: :::::::::: 

Paramaribo,(b) .............. Consul ...................... Fees ................................................................... . Rotterdam· .............. :. . . Consul.. . . . . . . .. .. .. .. .. .. .. 2, 000 400 Consul .. .. . . .. .. .. . .. .. . .. .. .. .. .. .. . . . . . . 500 

I 

Flushing ....................................................... .............. Vice-consul..................... 150 ......... . 

, ~~~ (i,) ::::::::::::::: ·c-om~:::::::::::::::::::::: ·:F~~:::: :::::::::: .. ~~-~~~ ::::::::::::::::::: :~::: :: =·. ~- .:.:.:.:: .. ~~ 

I --~· 500 = $900 , £1, 450 - £800 

Persia ........................ , ~~hf.~.' .' .' .' .' .' .': .'::: _-: .' .' _-:::: _- _- .' .' .' .' ::::: _- _- _-:::: :::::::::::: ::::: _-:::: : _- _-::: :: g~~:~-~~~~~~ ~:::::::: _-:::::::: £5, ~~ .. ·--£260 

Tabreez ............................................................ , ......... 1 Consul-general . .. . .. . . . . . .. .. • .. 600 220 

I £6.200 £480 

Portugal ..................... Fa:val,(b) .................... Consul...................... 1,500 $300 Vice-consul ............... :...... £100 ......... . Funchal .. .. . . .. .. .. .. .. .. .. Consul...................... l, 500 300 .................................................... .. Lisbon ...................... Consul...................... 2,000 400 Consul.......................... 800 £300 

I 

Cape Verd Islands .. . .. .. .. . Consul...... . . .. .. .. .. .. .. .. 1, 000 200 Consul ..... ~.............. . • • .. . 350 50 

Saint Paul de Loa.ndo, (b).... Consul .......... •........... 1, 000 200 Consul .. .. .. .. .. .. .. .. .... ... .. . 500 100 

~~:!biq~e:: :::~:::::::::: ::::::::::::::::::::::::~::::: :::::::::: :::::::::: g~~!~ :::::::::::::::::::::::::: : 200 

/ 
1658 CONGRESSIONAL RECORD-HOUSE . MARcH li, 

.A comparison of COMular expenses of the United States a11d Great B1·itai1t for the year 1877-Continued. 

TABLE I.-EUROPE AND THE EAST-Continued. 

Country. R~dence. United Stateo.offi.cer. British officer. 

Portugal ..................... ~~t:Mi·;~Fa·::::::::::::: :::::::::::::::::::::::::::::: :::::::::· :::::::::: ~i:-~~~8;;1::::::::::::::::::::: £~~g .£150 

Terceira . . .. . . .. . . .. . . . .. . .. .. .. . . . . .. .. . .. . . . . .. . . . .. . . . . .. . .. . . . .. .. .. .. . . . . Vice-consul . . .. • • . . .. .. . .. . .. .. . .. . .. . . . . . 190 

$1,400 .£3, 650 .£900 

Russia ...................... . 

t~~~~~~~~:::: :::::~ :::: -~~-~~:::::::::::::: :~:::::: -~~~:: :: :::::::::: g~~=~ :::::::::: ~::::: :::::::::: £~~ £~~ Moscow...... . .. .. .. .. .. .. .. Consul...................... Feea .................. . ............... ................................. . Nicolaietf................... . . .. . .. . . . . . .. . .. . . . . . .. .. . .. . .. .. .. . . .. .. . .. . . . . Vice-consul . . .. .. . . . .. .. . . . .. . .. 300 150 

Odessa..... .. .. .. . .. . .. .. .. . ConsuL.......... . .. .. .. .. . $2, 000 $400 Consul-general .. .. .. .. .. . • .. .. .. 900 300 

Vice-consul . . . . . . . . . . . . . . . . . . . . . 300 

SaintPeteraburg ............ Consul-general.:............ 2, 000 400 Consul........................... 700 100 

~=~~i:_._·._·._·:·.· ._·:_:_:_:_:_:::::: :::~~::::::::::::::::::::::::: :::::::::: :::::::::: g~~=~ Vice-consul :::::::::::::::::::::::::: .. .. .. . . .. .. . . .. . .. . .. .. .. ~ . . .. 200 ~~ ~~-.·_-_-_-_ ·.-.·.·.·:.·.:·.:::.--.:::: ::::::::::::::::·.·.::::·.:::.·::: :::::::::: :::::::::· Vice-consul.............................. 200. Consul . . .. .. . .. . .. .. . . . . .. . . . . .. 1, 200 ........ .. Warsaw, {bl ................ Consul ...................... Fees .............. _Consul-general.................. 1, 000 ~<> 

e4,000 $800 £6,500 £1, 85()o 

Siam ......................... Bangkok.................... Consul...................... $3, COO $600 ~entand consul-generol........ £1, OCO 

VICe-consul and corps . . . . . . . . . . 2, 226 

£3,826 ......... . 

=-"= 

&ciety or Georgian Islands.. Tahiti, (b) .................. Conaul........ ...... ........ $1,000 $200 Consul ......................... . £600 

Spanish Dominions ......... . Alicante, {b) ................ Consul ...................... Fees . ............. Consul.......................... £400 

Barcelona. .. .. • . .. .. . .. • • . .. Consul...... .. .. .. . .. .. .. . .. $1, 500 $300 Consul .. .. .. . .. . . . . .. .. . . . .. .. . . 600 £250 

Bilbao . .. . .. . . .. .. . .. . . . . . . . ConsuL.......... .. . . . . . . . . . .. . . . . . . . . .. .. .. . . . . Consul .. . .. . . . . . . . . .. .. . . . .. . .. . 500 25(). 

Cadiz .. .. .. .. .. .. . .. . .. . .. . Consul...... . . .. . .. .. . .. . . .. 1, 500 300 Consul . . . . .. .. . .. . .. .. . .. .. . .. .. 700 260 

Carthagena, (b).............. Consul...................... Fees.... .. . . .. .. . Vice-oonsul .. .. .. . .. . . .. • .. . . .. 200 10()-

Cienfuegos . .. . .. . . .. . . . . . .. Censul... . . . .. .. .. . .. . .. .. .. 2, 500 500 . • .. .. . .. • ......................................... . Corunna., (b) ................ Consul ...................... Fees .............. Consul.......................... 500 150 

Seville . . . . . . . . .. .. . . .. . . . .. . . .. .. .. . . .. .. .. . . . . . . . . .. • .. . .. .. . . . . .. . . .. .. .. .. Vice-consul .. .. .. . . . . . . . .. .. . .. . • .. .. . . . . 100 

Dania, (b) ................... Consul ................. . .... Fees ................................................................ .. .. Havana .. .. .. .. .. .. . . .. .. .. Consul-generol.............. 6, 000 1, 200 Consul-generol . .. . . . .. .. .. .. .. .. 1, 200 400 

Two consular clerks .. . .. • .. 2, 400 .. .. . . .. .. Vice-consul.... . . .. . . . . .. .. .. .. 400 .. .. • .. .. Huelva .. .. .. . .. . . .. . .. . . . .. . . . . . . . .. . . . . .. . .. • . . .. .. .. . . .. .. .. .. .. . . . . .. .. .. Vice-consul . . . . . . . . . .. . . . .. . • . .. .. .. . . . . . . 200 

St. Jago deCuba. ............ Consul...................... 2, 500 500 Vice-consul.................... 150 

Trinidad de Cuba ............................................................ Vice-consul....... ............. 300 

~~~(b):::::::::::::::::: g~~:~:::::: :::::::::::::::: F~s~ ....... ~. 8~:~ ::::::::·:.:::::::::::::::: 1, rog ~gg Matanzas . . . . .. .. .. .. . . . .. . Conliul...................... 3, 000 600 . . . • .. .. .. .. .. • • • • .. • .. .. .. .............. .. lloilo .............................................................. .......... Vice-consul ........... : .. ::::::.......... 'io~ Sa.lma., (Balearic Islands) . . .. . . . . . . .. .. .. . . . . . . . . .. . . . .. . . . . .. . . . . . . . . . . .. . . . . . Consul .. . . . . . . . . . . .. .. . .. . . . .. . . 350 

Porto Rico . . .. . . .. .. . . . .. . .. .. . .. . . .. . . . . .. . . . .. . . . . .. . .. . .. . . .. . . .. . . .. . .. . . . Consul . .. . . . .. .. .. .. . . .. . . . .. .. . 800 200 

Teneriffe, (Canaries,) (b) .. .. Consul...................... Fees.... . . . .. . .. . Consul .. .. .. .. .. . . .. .. .. .. .. . .. . 500 5()-

l;i~~~~-~~: ~-~·_:_:_:_:_ :::::: 8~=t~~:~~~~~:::::: ::::: ;~~ ~: :~~ ~~ ~ ~~~ :;~~~-~~-~:: :: ::':':':':':'::: :::::::: :::::: ~~~ ·. ::::::: :~~ $-2-2,900 $4,100 

Sweden and Norway ........ Bergen, (b) ................ Consul. ..................... Fees ........................................................ . ......... . 

ChriStiania, (b) .............. Consul ...................... ·F~~ :::: :::::::::: ~i~!~~~=~~~:::::::::::::::::: £~gg ..... ~~~ 

G-atten burg, (b) ............. Consul ...................... Fees .............. Consul.................................... 200 

~~~:1!~(~~~-~~:.<~.>:::::: g~:~a~~~~ ~~~~:. :::::::::: i::: :::: :::::::::: ·c·~~~-.-.-.-.-:.·:.:::::::::::::::::: ······5oo· ....... i56 

- £1,500 1 £5130 

Switzerland.................. Ba.sle .. .. . . . .. . .. .. ... . . .. .. Consul .................... . G-eneva .. . . . . . . .. .. . . . . . . . . . Consul .. . . . . . ............ . $2,000 

1, 500 

2, 000 

$400 

3oo ·u~j,'ai.~i ~~~-S~li·::: ::::::: ~::: ~: :: ::::::: ~ :: :~:: :~:::: Zurich . . . . . .. .. .. . . . . .. . . .. Consul .................... . 400 .......................................... . 

$5,500 $1, lGO 

Tripoli....................... Tripoli .. .. .. .. .. .. . . . . . . . . . Consul .................... . $3,000 S600 Consul-general.................. £800 

Vice-consul . . .. . .. . .. .. . .. • .. • . . 330 

£15() 

115 

~e:~~------.-.-.-:::: ::::::::::: :~:::: :::::::::::::::::::::::: :::::::::: :::::::::: ~i~!~;m;;i: :::::::::::::::::: :.· ...... ~~- 15 

$3,000 600 ;1, 550 1- £280 

Tnrkey and Egypt. .. • .. .. • . . Beirut... .. • . . . .. . .. .. . .. . .. Consul .. . .. . . . . .. .. .. .. .. .. ~. 000 ~00 

Vice-consul 

Consul-general .. .. .. .................. .. .. . . . . .. . . . . . --~-~080 350 ~ ...... . .. . Dragoman....................... · 100 ...... ... . Vice-con.qul ................ : . . . . . 350 150 

Vice-consul . . . .. .. .. . .. • .. . . . .. .. .. .. . . . . 100 Adrianople .................................................................. . Broussa. .................................................................... . Dardanelles .................................................................. . Vice-consul . .. . . .. .. .. . .. . .. .. .. 300 200 

Enos ......................................................................... . Vice-consul . . . . . . . . . . . . . . . . . . . . . 40 

Rhodes ...................................................................... . Vice-consul..................... 250 100 

Trebizond ................................................................... . Vice-consul..................... 400 100 

Consul . . .. .. .. .. .. . . . . . . .. .. .. .. 500 200 

Consul-general, paid by India. ...................... . Vice-censul . .. .. . . . .. .. . . .. . .. .. 250 100 t!id~d:::::: ::::::::::::::: :::::::::::::::::::::::::::::: ::::~::: :: :::::::::: 

Moussnl ........................................ ............................ .. Belgrade ................................................................... .. . D~asous ................................................................. .. Agent and consul-general . . .. • .. 900 400 

Vice-consul. .. .. .. .. .. .. .. .. .. .. 500 200 
\ 

1878. CONGRESSIONAL RECORD-HOUSE. 1659 

A comparison of consular expenses of the United States and G-reat Britain for the year 1877 -Continued. 

Country. 

Turkey and Egypt .......... . 

TABLE L-EUROPE AND THE EAST-Continued. 

Residence. United States officer. 

Bosna Ser:rl • • . . • • • • • • • • • • • • . . . . . . . . . • . . • • • • • • . . . . . • . . . • . . . . . • . . . . . . . ......•.. Mostar ...•••...•.•..•......••••••..••.•••••••...•••.•••....•........•........ Bucharest .•.•...•.•••..•••...•.....•••...•.••...••..•.•.•.•.........•.••. .... Jassy .••.•.••••••....•.•......•.....••••••..•..••.•....•••................ . . .. Crete ..•.•.....•••.......•. . .••••..••..••.••.••••••••••••..................... Cyprus ...•.•...•.•..........•.....••••••.•••••••.••••••.•.........••••.... . Constantinople . . • . • . • • . . . . . Consul-general, also secre- $3, 000 $630 

tary of legation. 

Consular clerk .••.....•..... Mnrshal .......•.........••. 

Cairo . • • . . . • . • • • . . • • . • • . . • . . Agent and consul-general .. Consular clerk ..••••••••••.. 

1, 000 

1, 000 

and fees 

4,000 

1, 000 

800 

Alexandria . . . • . . . . • • . . . . • . . . . . . . . . . . . . • . • . • . . . .. • . • . • • . . . . . . . . . . . . . . ..... ... . 

Damietta ........•......••....•...•.•••.•.•..•.••.•••......•••••......•....... Thebes ...................................................................... . Port Said .. .. . .. . • . • . . • • • • • . Commercialagent . . . . • • • • . • Fees ......••••..• 

Suez ........................................ ................................. . 

ErzerClun . . . . . • . . . . . . • • • • • . . . • . . . . . . . . . . . . . • .. . . . . . . • • • • . . . . • . . . . . . . •...•.... Galatz, (b) .••••••••••••••••• Consul .••....•••.........••. Fees ............. . Jeddah ........................................................... . 

Jerusalem • . . . . . . • • • • • • • • • .. Consul! ....•.....•....•..... 1,500 300 

Roustchouk ................................................................ .. 

~=~d~~'d ·To~~ha: :::::: ::::::::::::: ::·: ::::::::::::: :::::::::: :::::::::: 

Varna ....................................................... ~ ............... . Salonica .................................................................... .. Larissa and Volo ............ ................................................. . Monastir ......................... .......................................... .. Prevesa ...................................................................... . Scntari ............ ........................................... ............... . Smyrna.......... . . . . . • • . . .. Consul.......... . .. . . . . . .. .. 2, 000 400 

15, 500 --$2, 500 

British officer. 

Consul . . . . . . . . . . . . . . . . . • . . . . . . • . .£ 700 .£250 

Vice-consul . . . • . . . . . . . . • . . . . . . • . 300 100 

Agent and consul-general . . . . • . . 1, 600 200 

Vice-consul . . • . . . • • • • • . . . • . . . . . . 300 100 

Consul . . . . . . . . . . . . • • • . • . . . . . . . . . 500 20Q 

Consul . . .. . . ... . . . . . . .. . . . . . . ••. . ..•..... . 100 

Consul-general and judge . . • • • • . 1, 600 .•••.•.•.. Staff............................ 6, 619 ...•...... 

Legal vice-consul.... . • . . . . . • . . • . 700 

Medical adviser ...........•••••. .. ........ Staff............................. 745 

Agent and consul-genenl . . . . . . . 2, 000 

Staff . . . . . . . . • . . . • . . • . . . . . . . . . . . . 2, 906 

Consul and judge .•.•.......• ; .. ~ 1, 000 

Vice-consul . . . . . . . . . . . . . . . . • • . . 60 

g~~=~a-~ ~~~~~::~~ ~~ ::::~: :::::: ······;oo· Vice-consul................ . . . . . . 200 

Consul.......................... 600 

Janizary . • • • . • • • . • . • . . . . . . . .. . . . 36 

150 

25 

1 .. 100 

100 

450 

300 

Consul • • • • • • . . . • . • . . . • . . . . . . . . . . 700 200 

Consul • • • • • • . . . . . . • • • • • • . . . . . • . . 600 300 

Consul •••••. ..••... ... .. . .•. . . . . 6 200 200 

Consul .•••........••••.••••.•••. { 6{gg } 250 

Consul . • . . • • . . . • • . • • • • • • . • • • • • • . 700 150 

Vice-consul .. __ •.. • . • • • • • • • . . • • . 200 100 

Vice-consul . . • . • .. • • . . • . . . . . • • . 300 150 

Vice-consul . • • • . • . . • • • • • . . • . • • • . . . • . . . . . . . 100 

Consul . . . . . . • • . • . • • . • • • • • • . • . • • . 600 300 

Vice-consul..................... 300 100 

Vice-consul . . . . • . . . . • . . . . • . . . . . . . . . . . . . . . . 50 

Vice-consul . ••••••. ••. •. . . ..• ••. 250 v150 

Consul. . • . . . . . . • • • . • • • • • • • • • . • . . 500 20& 

Consul . . • . . . . . . . . . • • . . . . . . • .. . . . 900 ......... . Staff............................ . 2, ~68 ....... .. . 

£33,924 £7, 17~ 

• Also, as minister plenipotentiary, .£400. 2 Includes .£ 150 of personal allowance. s Allowance of £450 out of diplomatic fund. 

5 Allowance .£400-half paid by India. 6 For agency at Jaffa.. 

• Is also envoy extraordinary and minister plenipotentiary. 

7 Fifty pounds included for agency at Janin.'l>. 

TABLE H.-AMERICA, (excluding the United States.) 

Country. Residence. United States officer. British officer. 

Argentine Republic.......... Buenos Ayres. . . . • . . . . . . . . . . Consul $3,000 $600 Consul . • • . . . . . . . . . . • • • • • . . . . . . .. .£1, 000 

Vice-consul . . • • . • • . • • . • . . . • . • • • . 400 

£500 

Cordoba, (b) • • . • . • • • • • • • • • . . Consul • . . . . . . . . . . . . . . . . . . . . Fees ...............•.••...•...••••••.••••....•....•....•..... Rosario, (b) • . . • . . • . • . . • . • • • . Consul . . . . . . •. • • . • . • . • •• . . . Fees. . . . . . . . . . . . . . Consul • •• • •• . . . . . . . . . . • . . . . . . • . . 400 200 

$3,000 eooo .£1, 800 £700 

Brazil. . . • . . . • . • • . . . • • . • . . . • • . Bahia • • . • . . . • . • • . . • • • • • . . • • . Consul • . . . . . . . . • . . . . . .. . . . . 1, 500 $300 Consul • • . . . • .. • • • • • • • • . . . . . . . . .. £800 ......... . Para, (b) • •• • • • • • • • • • • • • • • • • • Consul • . . . . . . • . . . . . . . .. . . .. 1, Ot.O 200 Consul . • . . . . . • • • . • . . . . . . . . . .. . . . . . • . . . . . . . .£.'300 

Maranbam .................................................................. . Vice-consul . . • • • • • .• . . • . • . • .. . .. 150 50 

Consul . • • . . • • • • . . . • • . . . • • . • . . . . . 800 400 

Vice-consul . .. • . • • • . . • . . . . • .. . . . 150 

Pernambuco •••• :. . • . . . . • • • . Consul . . . . . . . . . . • . . . . .. . . .. 2, 000 400 

Cear:t ........................................................................ . Vice-consul . . . . . . • . • . . . . . . . • • . • . 200 rr~:ro~ ~---- :.-:~::::: :~: ::~~ ~: :::::::::::::::::::::::::::::: ::::::::: :· :::::::::: Vice-consul . .••••• ••••••.. .. . . . . ......... . 150 

Consul . • . . . . . • . • • . • • • • • • • • • . . . • . 800 150 

Consul... . • . . • • • . • • • • • • . . . . . . . .. 1, 000 800 

Vice-consul . . . . . . • • • • . • • . . • . • • • . 450 .••••..... 

Rio Grande do Sul, (b) . . . . . . Consul • • . • • . . • • . . • . • . . . . . .. 1, 000 200 

Rio de Janeiro............. . Consul-general.............. 6, 000 1, 200 

Santos, (b) . • • • • • • • • • • • • • • • • . Consul Fees .........•.... Consul • • • • • • . . . • • . . . . • • . . . . . . • • . 500 150 

$11,500 2, 300 .£4, 850 £2,000 

Chill• ............ ·-···· .... .. g~~=b~:~~>-~:::: :::::::::: -~-~~~~ -::::::: :::::::::::::: -~~~~--: :: :::::::::: ~~~!~o~s~i·: :::::::::::::::::::: £300 

250 

250 

900 

300 

Talcabuano,(li) .............. Consul ..... ••..•.•.•.•.•••. $1, IJOO $200 Vice-consul .................... . Valparaiso • ••• •• . . . . . . . . . . . Consul • .. • . . . . . . • . • • • . . . . . . :5,000 600 Consul ............•••.••.•...... £400 

Vice-consul .•.•.•.••.•••..•..••. 

$4,000 $800 £2,000 £400 

Bolivia •...•.•••.••••••.•••.. La. Paz . . .................... Consul ................. , .••. Fees ................................................................... . 

Colombia, United States of . . Aspinwall, (Colon).......... Consul . . . . . . . . . • • . • . • . . . . • . $3, 000 $600 

Carthagena . . . . . . . . . . . . • . . • . Vice-consul ..•••....... ................•..•.•.. Bogota .........•••...••.•••. Consul ...•.....•..•.•...... Fees ............. . 

Vice-consul • • • • • . . . . • • • . • • • . . . .. £200 .••.•••••• Vice-consul . • • . • . . . . . . • . . • • . . • •. . • .. . •• • • . .£150 

English minister resident is also .•..•••••.•.•..••••• consul-general Vice-consru .••.•.... ..•... .•.. .. 400 ..••.....• Buena ventura. . . . . . . . • . . • • • . Consul Fees .....................•.•.........••••.•••..••••..•••••..•..••.••...• 

• 
• 

1660 CONGRESSIONAL RECORD-HOUSE. MARcH 11, 

A cMnparison of consula1· expenses of the United States and Great Britain jo1· the year 1877-Conti.nued. 

T.ABLE !I.-AMERICA-Continued. 

Country . Reaidcnce. United States officer. British officer. 

.Colombia, United States of .. Medellin ............ . ..... . · Consul .................... . Panama ..................... Consul .................. .. . Rio Hacha, (b) .. .. .. • .. .. • • . Consul .................... . 

Fees ................................................................ .. .. 3, 000 $600 Consul.......................... .£1, 000 .£1:!00 

Fees .............. ..................................................... . Sabanilla., (b)................ Consul .................... .. 1, 000 200 Consul .. . . . .. .. • . .. .. .. .. .. . .. .. 600 150 

San Andes, (b) • .. • .. .. • . .. • . CommP.rcial agent ......... .. Santa Martha, (b) • • • . . .. . • .. Consul .................... . Fees .......................................... ............. ........... . Fees. .. . .. . . . . . . .. Vice-consul .. .. .. . . .. .. .. . . .. .. . 350 50 

7,000 $1,400 .£2, 550 £550 

==== ==== Costa Rica................... San Jose, (b) .......... . ... .. Consul ............. ...... ... Fees .............. Consul........................... .£200 ........ .. 

Ecuador ..................... Quito .................... ... No diplomatic representa- .................... Minister resident and consul- ................... . th·e. general. Guayaquil, (b) ............. . Consul...................... $1,000 $200 Vice-consul..................... .£200 ......... . 

==== o(}natemala .......... • ......... Guatemala, (b) . ............. Consul ...................... Fees .............. Consul, {no pay) ................. ................... . 

Hayti........................ Port au Prince.. . ........... Minister resident and con. sui-general. 

7, 500 1, 500 Minister resident and consul- .£1, 200 

general. 

Clerk............................ 150 

Vice-consul..................... 500 

Cape Haytien, {b)...... . . . . . Consul...... . . . . . . . . . . .. . . . . 1, 000 200 .................................................... .. Saint Marc, (b) . ............. Commercialagent ........... Fees ................................................................... . 

$8,500 ~1. 700 .£1,850 ........ .. 

Hondaras ............ ...... .. Amapala, (b) ......... . ..... . 

Omoaand Truxillo, (b) ... .. . 

Consul...................... Fees ................................................................... . Consul...... .. .. . . . ... .. . . . . 1, 000 $200 .................................................... .. 

Mexico'...................... Acapulco .................. . Camargo, (b) ............... . 

Cliihnahua, (b) ............. . 

Consul ..................... . -2, 00() I &400 . • . . • • • •• • .. . • • . .. • .. • .. .. .. .. .. .. .. ................ .. 

gg:e.~~i~~-~~~~-t: :::::::::: j:!:: ~ : :::::::::: :::::::::::: ::::::.".".".":::::: :::::: :::::::::: :::::::::: 

Guaymas, (b) ...... . ....... .. 

Guerrero, (b) .............. .. 

LaPaz, (b) .. ... . ........... . g~=~~i~:~~~~~·:::::::::: j:: ~: ::::::~: ~:::::::::::::::-~-~:-~:::::::::::::: :::::::·::: ::::::::: ~ Manzanillo, (b) ............. . Consul ...................... Fees .................................................................. .. Matamoras ................ .. Mazatlan, (b) .............. .. 2~=:::::: :::::::::::::::: Fe;s ~~~- ...... ~~- ·vi~~-~~~tii:::~:::::::.:::::::::: :::::::::: ... ··£i~ Merida, (b) ................ .. Consul...................... Fees .................................................................. .. Mexico .................... .. Mier, (b) .... .............. .. 

Consul-general............. . 2, 000 400 Consul.......................... .£350 ........ .. Consul ...................... Fees .......................................................... ......... , Minatilan, (b) ............ .. 

Monterey ... ................ . Nuevo Laredo, (b) ......... .. Oajaca, (b) ................. . Paso del Norte, (b) ........ .. Piedras Negras, (b) ........ . Presidio delNorte, (b) ..... .. Saltillo, (b) .............. .. . . San Jose, (b) ............... . 

gg::le~~~~~~~~~::::::: :::: ~=: ::: :::::::::: :::::::::::::::::::::: :::::::::::: :::::::::: :::::::: · .. Commercial a~ent........... Fees .................................................................. .. 

iS~-~;~i::j:jm_l~ ~~~: :~iiij:jj: mm~~~~i~iiim~~~~~~L~~iii~ mi:~iii~ _iii~i:ii~ Consul...................... Fees ...................................................... ........... .. . San Blas, (b) ............... . Consul... .. .. • • .. • • • .. . . .. .. Fees .. . . . . .. .. . . . . .. . . . . . . . . . . . . • • • .. .. • . .. .. .. . . . .. 300 

~::.p~~ ~:::::::: ~:::::::: Zacatecas, (b) ............. . 

Consul...... . . . . . . .. . . . . . . .. 1, 500 300 Consul . . . .. .. . .. .. . • .. .. . .. .. . . . 700 50 

Consul............ .. .. . .. . .. · 3, 000 600 Consul . . .. . .. .. .. .. .. .. . .. . .. . . . 800 2M 

Consul.................. .... Feea... .. ............... ..... .. ....................................... . 

$11,500 $2,300 £2,150 .£350 

Nicaragua . .. • • .. . . . . . . . . . . .. San J nan del Norte, (b)...... Commercial agent . . . . . . . . . . 1, 000 .................... •· ........................................ .. 

~~;T:.~~-~~: ~~~:: :::::: -~-~~~:~-~-~~~~-~:::: :::::: :::::::::: :::::::::: · C'o~s~·:::::::. ~::: :::::::::::::: .... £iioo· · · ·· '£20o 

Peru....... .. . . . . .. . .. . .. • . . . Cnllao . . . . . . . . . . . . .. . . . . . . . . Consul... .. . .. .. . . .. .. .. . . . . $3, 500 $700 Consul . . . . .. . . . .. . . . . . . . . . .. . .. . £900 £400 

Vice-consul .. .. .. .. . . . . .. .. .. • .. 400 

.Aric.'l....... . . . . . . .. . . . . . . . . . . . .. . . . . . . .. .. .. . . . .. . .. . . . . . . . . . . . . . . .. . .. . . . . . . . Consul .. .. . . . .. . . . . . . . . . . .. .. . . . 300 ......... . Payta... .. . . ... .. . . . .. .. . .. . . ..• .. ... . . . .... .. .. . . . . . .. . . . . . . . .. .... ... .. . . . .. Vice-consul...... . . . . ... . . . .. . .. 100 ......... . 

~~;~~~::::::::::::::::: :::: ~-~~~~-~~~-~~=-~~~~~~~~~:: :::::::::. :::::::::: ·viCt;.~~~~::::::::::::::::::::: ...... 500· :::::::::: 

Lambayeque, (b) . .• . . . • . . . •. Consul.................. . . . . Fees .................................................................. . Lima .. .. . . . . . .. .. .. .. . . .. . . Envoy extraordinary and .... , .. . . . . . . .. . . . . . Minister resident and consul- ... .' ............... . minister plenipotentiary. -------- general $3,500 700 • £2, 200 £400 

Salvador ..................... La Union, (b) ................ Consul .................. .. .. Fees ................. .......................... .. ..................... . Sonsonaute, (b) .............. Consul ...................... Fees ... . ............................................ ................... . 'S~ Domingo3 . ....... ....... Puerto Plata, (b) ........... Consul ...................... Fees .................................................................. . Samana., (b). .. .. . . . . . . .. . . . . Commercial agent .. .. .. . . . . Fees .................................................................. . San Domingo............... Consul...................... 1, 500 $300 Vice-consuL.......... • .. .. .. . . . .. . . .. . . . . .£200 

Uruguay........... .. ........ Colonia, (b).................. Consul........... . .......... Fees ... . ...... .. . ........... ........................................... . Montevideo, (b). . . .. . . .. • .. . . Consul............ .. .. .. . .. . 2, 000 $400 Consul .. . . . . .. .. . .. .. .. . . . . . . . . . £I, 000 £500 

Vice-consul.... . .. . . . • .. . .. .. .. . 400 ..•....... 

$2,000 $400 £1,400 £500 

===-= Venezuela• .................. Bolivia ......................... ..................... ......................... Vice-consul..................... £250 £50 

La Guayra.................. Commercial agent........... 1, 500 .. . .. . .. .. Vice-consul...... .. .. .. . . .. . .. . . 300 ......... . Puerto Cabello, (b) .......... Consul. ..................... Fees .............. Vice-consul..................... ...... .... lOG 

1,500 £550 

1 The English minister resident at Santiago is also consul-general. The United States send an envoy extraordinary and minister plenipotenti.u-y. 

'At present there are no British consular officers officially resident in Mexico. 

3 Both the United States and Great Britain send ministers reaident to the Central American States. The British officer is also consul-general. 4 The British minister resident at Caracas is also consul-l!eneral The United States also send a minister resident . 

£150 
1878. CONGRESSIONAL RECORD--HOUSE. 166J 

RECAPITULATION. 

Country. 

Austria-Hungary ...••....•....•....•........•. --·- -- ............................ -· .•.. .. ... . .. . ..... $7,000 00 

Tangier.............................................................................................. 3, 000 00 

Tunis . -- ....... ---· .•.••...•.•..•. ···•·• -····· ------ -·-··- ---··· ------ ·-----...... ·-·· .. ---- ...... ·- 3, 000 00 

£2,300 $1,400 00 £350• 

2, 750 600 00 685 

2, 350 600 00 280 

~rift~ ru:rl;~~:::: :::::::::::: :; :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: . -..... ~·- ~~- ~~- Borneo ..............•..............•...•.•..••...•..••......................•......•...... -·-· ............. --- ... ---

750 1, 300 00 500 

600 .... ~ ...... .................. 300 

300 .................................. 200 China ...... ...... ....•. .... .. .. . . ..•....... ....... ....... ... .. ......... ...•...•... ... . . .. . .. . . . .. .. .. 43,450 00 49,223 5, 900 00 1, 610 

Denmark............................................................................................. 4,000 00 1, 750 BOO 00 650' 

France ...... ..••.. ....•. ...•.. .... .. . . . .••.... .•...• ...•.. ....... .•.... ..•••. ...•.. .•.... .... .. ...... 22,900 00 

Friendly Islands..................................................................................... 1, 000 00 

8,825 3, 900 00 4, 315-

4!\0 200 00 .. ....................... . Germany............................................................................................. 32,200 00 

Greece ..... . .... .. .............•....•.•.••.••..................••••..........•.•..................................... 3,350 6, 200 00 1,380 1,050 . ....................... 800' 

Hawaii·............................................................................................... 5, 000 00 1,100 800 00 400 

tri !:i~::: :::::: : ::::::::::::: ~::::::::::::::: ~::::::::::::::::::::::::::::::: :::::::::::::::::::::::: ~ :: 5 ~~ 3, 400 2, 400 00 1, 530 

12,700 2, 000 00 610 

·····-········· BOO 00 ......................... 

~~~~f:s_~a:_: ::::::: ~:::::: ~:::: ::::: ~: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~: ~~ ~g 800 400 00 150 

200 ................................ ................. ....... Netherlands.......................................................................................... 4,500 00 1, 450 900 00 800· 

Persia .............•...•.....•.........••....••.••..••...•........••...•..•.......•................... ...... --·- --.- -· 6, 200 ................... ..... .. ... 480• 

~nr;;rlr!-_:::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: J: ~~ ~g Siam ... ... . . .......... ......... ........• .... .•..... ...... ...•.. ..••.. .... ...... .•••.•..•••....... .... 3, 000 00 

3,650 1, 400 00 900 

6,500 800 00 1,850 

3,826 600 00 .... ................... ....... 

~~~;~:.;~i. ~: ~ ~:: ~ ~::: ~ ~ ~ ~ ~ ~ ~: ~ ~ ~ ~ ~ ~: ~ ~: ~ ~ ~::: ~:: ~:: ~ ~: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~:: ~:::: ~:: ~: ~: ~:::: ~::: ~ ~: ...... t :. : 600 200 00 ............... ......... 8,400 4,100 00 2,89G· 1,500 ............................ 550 .......................... 1,100 00 . ........................... . 

~fk~ -~~d- Emt:: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::: 1~: ~ ~g 1,550 600 00 280· 33, g<J.,A 2, 500 00 7, 175· 

Total in Europe and the East .•••.....•..............•......• --··················-...••..•..... ~28,450 00 £159,498 $39,500 00 £28,68S 

1=====1=========== AMERICAN STATES. 

~r::il~-~~-~~~~~~: ::: :::::::::::::::::::::::-::::::::::::::::::::::::::::::::::::::::::::::::::::::: fl: ggg gg Chili................................................................................................. 4,000 oo 

£1, 800 $600 00 £700 

4 850 2, 300 00 2, 0001 i 000 800 00 400 

Colombia............................................................................................. 7, 000 00 2, 550 1, 400 00 550· Costa Rica ......................••...........•••••••••••..•.••.•.....•......•••...........•.•.........•.•............ 200 ·-······---· .... ··-··· ••••...••• Ecna.dor ... . . . . .. . . ... .............. ................. .•... •... ........•..•••• ....•••.•. .•.•.• ...•.... .. 1, 000 00 200 200 00 ·········---···· 

~~!~u"r"a:,;: :::::::::: :·.::: :: ·_ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::: ~: ~ ~g l J 850 1, 700 00 .••••••••• - - . - - . 

··- --· ·--- -. --- . 200 00 .. -. ·----· ···--· Mexico............................................................................................... 11,500 00 2, 150 2, 300 00 350· 

~!:r~~~~- ·.:::: ·_:::: :::::::: ·.::: :::::::: ·.:::: :::::::::::::::::::::::::::::::::::.::: :::·::.: :::::::::: ~: gg& gg 600 -···----- · -·---- 200 2, 200 700 00 400 

wr~~:r:~~:: :::::::::::: ~= ::: ~: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: t e ~ -········ ------ 300 00 200· 1, 400 400 00 500 

550 . -- - - - .• -- - - -- -. 150 1------1·-------·-------- Tota.l in American States ......•••...•••.....••.••....•.•...........•.•...••.•.••••..•...•..••. Total in Europe and East ...•..............•..•••.•......•......•......•••••.••.•....••......... 57, 000 00 20, 350 10, 900 00 5, 450 

228, 450 00 159, 498 39, 500 00 .I 28, 685-

-- --------11 -------- -~~-----

Total of salaries* and rents severally ....•.................................••••..••............. Rents ..................................•............•••.•.....................•.....•••........ 295, 450 00 J 79, 848 ~. 400 00 £34, 135 

50, 400 00 34, 135 

Total expenditure for rent and salary .............•......•.................. ···-.....•........ $345,850 00 £213,983 

Rating the pound sterling at about $5, the English expenditure of £213,983 will equaL...... . . . . . . . . . • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1, 06!1, 915 

United States expenditure ..............................................••...........................•............................ ----·........... . ........ 345,850. 

Excess of :British over United States expenses ......................................•....•.......................................•........... ......... 724,065-

* This amount is of course exclusive of the sums paid to officers reimbursed by fees. 

The Treasury accounts show that in the years 1875, 1876, and 1877 there were paid and received the following amounts: 

1875. 1876. 1877. 

Salaries and emoluments .••....••.........•..........•.••..............................................•.............. Loss by exchange ...•....•.•......................................•.................•..................... ·····-..... . $541,363 11 $531,539 14 $514,112 53 

7, 809 36 5, 917 23 4, 206 f:SS· 

------- es49, 172 47 $537,456 37 $.'518, 3!9 41 

Fees .....................................•................ ------· .................. ---- ............................. . $697,988 49 • $651, 509 20 $624, 265 99· 

549,172 47 536,456 37 518,319 41 

Excess of fees over emoluments .. ... . ...............................................•..... ..... ................. 148,816 02 $115,052 83 105,946 58 

"'British fees in the same year, £34,707. 

Annex A, showing the total ?tuntber of salaried consuls of the U?tited States in the British Poaaessitma and of G'l'eat Bl'itain in tl!e United States. 

Number of United States consuls. Number of British consuls. United States Rent. English Rent. salary. salary. 

Fifty-three, [including in the aglfjgate salary a consular 

clerk, a commercial agent at 1,100, and an interpreter a.t$750.] 

Twelve, [including in the aggregate salaries a viceconsul at £400.] 115,750 22, EOO £13,800 £4,235> 

Tota1 expenses of the United States for salary and rent where there are no British offices ...... ----------------...... .. .. .. .... .. 138,550 Total expenses of Great :Britain for salary and rent where there are no United States offices . ... .••....... .•.. .. ...... ....... .... 90, 175 = £18,035 at f5per pound. 

Excess of United States aggregate over Britiah aggregate ............•.............•.........••.............. ····-· ....... -----.. $4rl, 37~ 
1662 CONGRESSIONAL RECORD-HOUSE. MARon 11, 

Ann~ B, showing the number of United State8 offi.cers pai~ fro71!' fees ~nly, and the number alUJ1oed to trade. The numeral shows the nuntber paid by fees; b those allowed to t·ransact bwnness, tllen· num.ber beuzg 1·epresented by the 81/tall numeral to the 1·ight and above the letter. 

Country. Number. Country. Number. Country. Number. Country. Number. Country. Number. 

Argentine Republic .. 2 (b2) 

1 

CostaRica......... . 1 (b ) Hawaii .............. . Muscat............. 1 (b) Society Islands...... (b ) .A.ustria-IIungary .. .. Denmark .................... . Hayti........ . ...... 1 (b Z) Netherlands........ 4 tb&) Spain........ ... .. 8 (bR) :Barbary States ..... .. 1 (b1) 

1 (b1) 

1 (b1) 

1 (b3) 

1 (b2) 

1 (b) 

6 (bG) 

Ecuador...... .. .. . . (b ) Honduras. .. .. .. .. .. 1 (b 2) Nicaragua....... . . 1 (b2) Sweden and Norway. 5 (1>6) 

~~~~_ _._._._. :: _. :::::: France. ............. 7 (b 1) Italy................ . 2 (b !!) Peru............ . ... 1 (b) Switzerlax..d.... .. . .. ........ Friendly Islands. . .. (b ) Japan ...................... . Portoa:al...... .. . .. . (b3) 

Germany .. . .. . .. .. . . 4 (b 2) ij~~~y-_._._._._:::::: . ; ~~2~ GreatBritain......... 18 (b 2) Liberia .. .. .. .. .. .. .. 1 (b ) 

Madagascar ........ . Brazil ............... . Rus ia .. .. . .. .. .. .. . 4 (b3) Chili ............ . .... . Greece.............. 1 (b ) Mexico.............. 19 (bl9) 

S:llmdor.. ........ .. 2 (b!) China .............. .. Siam ...................... .. Venezuela..... ..... 1 (b•) 

San Domingo....... 2 (b2) Colombia ........... .. Guatemala..... .. . .. 1 (b ) 

Number paid from fees, 103. Number allowed to transact business, 117. Number of consular agents, 341. 

.ANNEX C. 

Number of British consular officers exclusive of dragomen and interpreters ..................................................... ... ................... ............ 255 

Nu~ber of United States consul~ officers receiving salaries, exclusive of marshals, interpreters, and consular clerks .................................... : ........ 196 Umted States consular agents pru.d by fees ..................................................... _ . .................. .............................................. 341 

Total United States con!Jillar officers ........ . ...................................................................................................... .......... !i37 

.Mr. HALE obtained the floor. 

Mr. SAYLER. The gentleman from 1\Iaine yields to me for a mo- ment and I desire to make a. motion that the committee do now rise. 

It is due to the committee I should state it is for the purpose of 

introducing a report from the Committee of Ways and Means extending the time for the payment of tax on whisky in bond, a matter in 

reference to which there is urgent necessity there should be immediate action on the part of the House. 

Mr. HALE. It is understood the matter is to be disposed of tonight and not to take up any time to-morrow. 

Mr. SAYLER. It will take but little time and will be disposed of 

thiB evenin~. I understand the Committee on Appropriations does 

not antagomze this motion. 

Mr. SINGLETON. We shall not if it shall be agreed and undergtood that that bill is not to occupy more than one hour. 

1\fr. SAYLER. I agree that the time shall be so limited. 

Mr. HALE. I yield· with that understanding. 

The motion that the committee rise was agreed to. 

The committee accordingly rose; and the Speaker having taken 

the chair, Mr. Cox, of New York, reported that the Committee of the 

Whole on the state of the Union had bad under consideration the 

bill (H. R. No. 3064) making appropriations for the consula,r and diplomatic service of the Government for the year ending June 30, 1879, 

.and for other purposes, and had come to no resolution thereon. 

' ~ROLLED BILL SIGNED. 

Mr. RAINEY, from the Committee on Enrolled Bills, reported that 

the committee bad examined and found truly enrolled a bill of the 

fallowing title; when the Speaker signed the same: An act (H. R. No. 1474) further to suspend the operation of section 

-5074 of the Revised Statutes of the United States, title 72, in relation to gnano islands. 

EMOLUME~TS OF CUSTOMS OFFICERS. 

The SPEAKER, by unanimous consent, laid before the Honse a letter from the Secretary of the Treasury, transmitting statements of 

-official emoluments and fees of customs officers in accordance with sec- tion 2639 of the Revised Statutes; which was referred to the Committee of Ways and Means, and ordered to be printed. 

CONSIDERATION OF PRIVATE CALENDAR. 

Mr. MILLS. I ask unanimous consent to offer the resolution which 

I send to the desk. · The Clerk read as follows: 

ll~olved_, That the House shall take a recess until seven o'clock p. m. after the 

d!JodY s. sess~on on Tuesd~y, Wednesday, and Thursday next, for the purpose of con- Sl ermg bills on tho Pnvate Calendar. 

Mr. CO~ GER. I object to that unless it is confined to pension bills or unless It may be under the rules of objection dav. 

¥r. ~1ILLS. I have. no objection t? letting it be' under the ru]es of 

obJectiOn day, but I wtll not confine 1t to pension bills. 

Mr. CONGER. That is, that no bm shall be consiuered to which 

t.here is one objection. 

The SPEAKER. The Chair would like that there should be a. distinct knowledge of what is asked. 

~fr. ¥ILLS. Let _the evening session be under the same rules as obJectwn day on Friday. 

Mr. HALE. That is, that a single objection carries a bill over Mr. MILLS. Yes, sir. . 

Mr. WHlTTHORNE. I object. 

Mr. MILLS. I move tha.t the rules be suspended and the resolution 

adopted with the modification I have accepted. 

The Clerk read the resolution as modified, the words tr under roles as on objection days" beinr,. added. 

M_r. CONGER. Let the'='words also be added "for each evening sessiOn." 

Mr. MILLS. I cannot make terms with every gentleman in this 

House. 

Mr. O'NEILL. Does this simply refer to the pension bills or does 

it include the whole Calendar f 

Mr. MILLS. It is for the consideration of the Private Calendar. 

1\fr. HALE. Let the resolution be read again as modified. ~r. MILLS. I move that the rules be suspended and that the reso- lutiOn be adopted as I wrote it, with no limitation. 

The resolution was again read, the words "under rules as on objec- tion days" having been stricken out. 

Mr. EDEN .. I thi!lk the resolution should not pass in that shape. 

'Yflen we cons1der tne Calendar in broad daylight it is scarcely pos- stble to have a quorum. 

KEOKUK CANAL. The question being taken, the rules were not suspended two-thirds 

b . . not votino- in favor thereof ' The SPEAKER also, y unammons consent, lmd before the Honse o . • 

·a letter from the Secretary of War, transmitting a report ofthechief' PAYMENT OF TAX ON DISTILLED SPIRITS • 

.of engineers on the bill (H. R. No. 2684) regulating the management Mr SAYLER I · . of the canal at Keokuk Iowa· which was referred to the Committee M · · !~'~ mstrnct~d by ~he Committee of Ways and 

.()n Railways and Can~. ' eans to r~port the Jomt resolution ~htch I send to the desk, and to move that It be referred to the Committee of the Whole on the state 

of the Union. "PENSION CLAIMS. 

The SPEAKER also, by unanimous consent, laid before the House .a. letter from the Secretary of the Interior, tran11mitting a communi-

-eation from the Commissioner of Pensions, relating to the necessity of . some legislation to enable him to act promptly upon the claims of 

soldiers and widows of solUiers of the war of 1812 for pensions; which was referred to the Committee on Invalid Pensions. 

LEA YE OF ABSE...~CE. 

By unanimous conlient, leave of absenco was granted to Mr. Ross, for 

two weeks, on account of serious illness iu his family. 

NAVAL APPROPRIATIO~ DILL. 

:Mr. CLYMER, from the Committee on Appropriations, reported a. bill (H. R. No. :3822) making appropriations for the naval service for 

-the year ending June 30, 1879, and for other purposes; which was read a first and second time, referred to the Committee of the Whole 

<()n the state of the Union, and ordered to be printed. 

Mr. CONGE~. I reserve all points of order. 

The SPEAKER. The joint resolution will be read. 

The joint resolution was read, as follows: 

A. joint resolution to presc~i~e the time for the payment of the t.u on distilled 

spmts, and for other purposes . 

. ~olved by the Senate and House of Representatives of tb.e United States of A mer- tea m. Cr:ngr_es~ a~sembled, That the tax on all distilled spirits hereafter «.>nter- d for 

depos1t m wstillery warehouses shall be due and payable before and at the timo the same are :wfthdl1!'wn therefrom an~ within tbreo ~ears from the date of the entry 

for deposit tberem; and warehousmg bonds hereafter taken under the provision's of !Section 32!13, llevised Statutes of the United States shall be conditioned for the pa;v~cnt of the tax on the spirits as BJ?e~ified in ~be ~try, and the interest on Ulo 

tax, i! ~ny has accrued undert~e l>ronsionsof this resolution, bcfort> r~moval from 

thedi..qtJllery warehouse and w1thm three years from the date of sai•l bonds . S":C- ~- That the time within w~ich distill eel spirirs heretofore entered for deposit m dt~tp.tery warehouses ar~ reqmred to be withdrawn therefrom pursuant to the 

conchtion of any warehousmg bond taken within one year prior to tho pasia"e o"" t~?-L~ resolution_, npon the entrv of _such spirits into such warehousM, under the pr; 

VlSions of sect~on 3293 of the ~Vlsed ~tatutes of the Urn ted States, shall, on writ- ten request bemg made as herem specified, be extended for a pedo<l not exceeiling 

three ):ears from tho date of.theentry of such spirits intotbewarebou e; bot such extcnswn shall not be made m any case unless there shall be indorsed upon or appended to the warehousing bond a written request therefor and an acknowlcdg-
1878. CONGRESSIONAL RECORD-HOUSE. 1663 

ment of the liability under the terms of said bond for the period for which the 

extension is ~ted, as if the same were inserted in the body of said bond, to be 

duly executed b:v the principal and sureties in th& bond and ac'knowledged by each 

of them before a collector or deputy collector of internal revenue or some other 

officer authorized by law to take t.he acknowledgment of deeds: Provided, That 

the sureties on said bond are, at the time of snc1i request., satisfactory to the collector, and, if not satisfactory or if the sureties shall refuse to make the request 

an<l acknowledgment aforesaid, that an additional or new warehousing bond, with 

sureties satiRfact{)ry to the collector, shall be ~:tiven. 

SEc. 3. That in case of the non-J,>ayment of the tax on any distilled spirits within one year from the date of the origmal warehonsin~:t bond for such spirits, interest shall accme upon said tax at the rate of 5 per cent. per annum. from and after 

tho expiration of saill year until the tax shall be paid. Such intere3t shall be col· 

Jected with the tax in such manner as the Commissioner of Internal Revenue, with 

tho approval of the Secretary of tile Treasury, shall prescribe. SEc. 4. That the provisions of this resolution shall not apply to grape brandy warehoused nnuer the provisions of an act entitled "An act relating to the pro- duction of fruit brandy, and to punish frauds connected with the same," approved March 3, 18i7. 

Mr. CONGER. I object to the introduction of that joint resolution. 

The SPEAKER. The gentleman from Ohio [Mr. SAYLER] has a right to report it from the Committee of Ways and Means for com- mitment at any time. ·He proposes to report it for commitment to 

the Committee of the Whole on the state of the Union, and the Com- mittee of Ways and Means is entitled under the rules of the Honse 

to de that at any time. 

Mr. CONGER. Is this a measure of such a kind as to give the 

committee a right to report for the purpose of commitmentY 

The SPEAKER. The Committee of Ways and means have a right 

to 'report at any time, for committal, any subject referred to them. 

'l'he gentleman from Ohio [.Mr. SAYLER] proposes to move to suspend 

the rules to go into Committee of the 'Yhole on the state of the 

Union for the purpose of considering the joint resolution. 

l\1r. CONGER. Then the objection is good if he moves to suspend 

tho rules. 

Tbe SPEAKER. The objection is~good as to going into Committee 

of the Whole on the state of the union to-day, except under sus- pension of the rules. The Chair would recognize a motion to sus- pend the rules for the purpose to consider public business reported 

from a standing committee in preference to a suspension by an individual member, made to secure House expression; but such suspension reqnires, of course, a two-third vote. 

Mr. CONGER. But if there be objection to the introduction of the 

bill, surely that is the end of it. 

The SPEAKER. Under the rnles of the Honse the Chair has no right to recognize a single objection to the reporting by the Committee of Ways and Means of a bill for committal. 

The joint resolution No. 133 was read a first and second time, and 

referred to the Committee of the ·whole on the state of the Union. 

Mr. FRYE. I would ask whether or not this is a unanimous report 

from tbe Committee of Ways and Means. 

Mr. SAYLER. It is. I now move to suspend the rules and that the 

Honse resolve itself into Committee of the Whole on the state of the 

Union for the purpose of considering the joint resolution. 

Mr. CONGER. I wish to ask when this subject was referred to the 

Committee of Ways and Means. 

The SPEAKER. The gentleman from Ohio [Mr. SA'l"LER] can probably answer that question. 

:Mr. CONGER. By what authority does the committee report on this subject? 

The SPEAKER. The gentleman from Michigan desires to know 

when this subject-matter was referred to the Committee of Ways and 

Means. The Chair understands that to be the point. 

Mr. CONGER. Yes; I want to know by what authority they re- port it. 

Mr. WOOD. The subject was regularly referred to the Committee 

<>f Ways and Means and they did make one report upon the question, 

and they now propose to make an additional report upon the same .question. 

Mr. CONGER. That is what I thought. The committee were in-

.structed by the Honse upon the matter, and having made a report 

upon it I hold that tho committee is functus officioj that it has performed its duty and ought to die civilly. 

Mr. WOOD. They only report it in part. 

Mr. CONGER. I submit that having once made a report on this 

:subject they have no right to make a further report. 

The SPEAKER. Under what reference is the joint resolution 

brought back7 Was the subject-matter ever referred to the Committee of Ways and Meansf 

Mr. WOOD. Yes, sir. 

Mr. KNOTT. I wonld ask if a bill upon this precise question was not introduced by my colleague [Mr. CARLISLE] and referred to tbe 

(Jommittee of W a.ys and Means f 

Mr. WOOD. It was. 'fhe SPEAKER. That is what the Chair wanted to know. 

Mr. CONGER. The committee reported upon that subject and the 

House acteu upon it. 

Mr. WOOD. No; it was another subject, a different bill. 

Mr. SAYLER. Long after the committP.e made their former report 

the gentlemen from Kentucky [Mr. CARLISLE] introduced a bill into 

the Honse in substance providing for the very thing provided for in 

this joint resolution, which is reported really as a substitute for that 

bill, and it was referred to our committee. 

The SPEA.KER. The Chair is under the impression that the former 

legislation reported by the committee on this subject was based upon a joint resolution introduced by the gentleman from Kentucky, [Mr. 

BLACKBURN.] 

:Mr. WOOD. Yes, sir; and this joint resolution is based upon a bill 

referred to the committee on motion of the gentleman from Kentucky 

[.Mr. CARLISLE] subse'}nent to the other. · 

The SPEAKER. The Chair has sent for the bill to see the indorsement upon it. 

Mr. HUBBELL. I would inquire if this joint resolution has been 

printed. 

Mr. SAYLER. It has not. 

.Mr. HUBBELL. It is a very important measure and ought to be 

printed. 

Mr. SAYLER. I clo not think the gentleman will press that. I 

move that the rules be suspended so as to put this joint resolution 

upon its passage. · 

The SPEAKER. The joint resolution is now in Committee of the 

Whole; that committee should first be discharged from ita further 

consideration before it can be brought into the Honse for passage as proposed by the gentleman from Ohio, [Mr. SAYLER.] 

l\lr. SAYLER. I would rather go into Committee of the Whole, so as to give members an opportunity to discuss this joint resolution. I 

will therefore insist upon my first motion. 

Mr. CONGER. If an objection will reach this, if the Chair will 

allow meThe SPEAKER. The Chair would like to hear the su~ge&tion of 

the gentleman. 

Mr. COXGER. If objection will reach this joint resolution and I can prPvent it coming before the House again after the distinct action 

of the House on the subject, I desire to object. 

The SPEAKER. The gentleman's objection will have force, if it can secure t!he support of more than one-third of the members. 

Mr. CONGER. It wonld make a step in advance .if an objection 

could accomplish my purpose. 

The SPEAKER. The Cbair cannot assist in that manner. Under 

the rules the Committee of Ways and Means can report at any time 

for commitment. · Mr. CONGER. On any matter referred to them f 

The SPEAKER. The Chair nnderstandk it to be the fact that this 

subject was referred to the committee; otherwise the Chair would 

invite further discussion on that point. Tbb Chair has sent for the 

bill which was referred to the committee. 

Mr. BURCHARD. I desire to say one word on this subject, if there 

is no objection. 

The SPEAKER. On the point of order T 

Mr. BURCHARD. No, sir; but on the subject of this joint resolution. 

The SPEAKER. The motion to suspend the rules is not debatable. 

Mr. BURCHARD. I suppose I can be heard, if there is no objection. 

The SPEAKER. Is there objection to the gentleman from illinois 

[Ur. BURCHARD] making a statement f 

Objection was made. 

Mr. CANNON, of Illinois. I desire to make a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. CANNON, of Illinois. Wonld it be in order for me to inquire 

if this is n. unanimous report of the Committee of Ways and Means f 

The SPEAKER. That fact bas already been stated. It is not a parliamentary inquiry, but in the opinion of the Chair it is a verv proper one. if argument was allowed. • Mr. SAYLER. This is a unanimous report of the Committee of 

Ways and Means. 

Mr. CONGER. I think that is in the nature of debate, and is intended to influence the action of the Honse, so far as the unanimity 

of the action of the Committee of Ways and Means may have influence. 

The SPEAKER. The Chair thinks it is in the nature of an argument, as to why the Honse.shonld now suspend the rules and go into 

Committee of the Whole, and if objected to not in order . Mr. FORT.- I would like to inquire of the gentleman from Ohio 

[Mr. SAYLER] how long it is proposed to allow for general debate in 

Committee of tbe Whole 'I 

Mr. SAY.LER. I will move to limit general debate to one hour; 

and will agree to give the most of that time to those gentlemen who 

may desire to oppose this joint resolution. 

1t1r. FORT. That time is too limited. 

Mr. HALE. Let the gentleman from Ohio [Mr. SAYLER] modify 

his motion so as to go into Committee of the Whole under the fiveminute :rule. 

Mr. SAYLER. I do not think I can do that now. 

The SPEAKER. The fact has been stated upon the authority of 

members that a bill upon this subject was introduced by the gentle- man from Kentucky [:Mr. CARLISLE] and referred to the Committee 

of Ways and Means. ' 

.Mr. SAYLER. And this joint resolution is reported as a substitute 

for that bill. 

Mr. CONGER. I understand the bill is here. 

The SPEAKER. The title of the bill will be read. 

'.!-'he Clerk read the title of the bill, as follows: 

A bill (H. R. No. 2264) to prescribe the time for the payment of the tax en distilled spirits and for other purposes. 
1664 -CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

The SPEAKER. And the joint resolution wa-s reported by the 

gentleman from Ohio, [Mr. SAYLER,] as the Chair understands, as a substitute for the bill the title of which has just been read. 

Mr. SAYLER. Pending the motion to go into the Committee of 

the Whole, I move that all general debate be limited to one hour. 

Mr. THORNBURGH. I move that the House now adjo1;1rn. 

The motion to adjourn was not agreed to. 

The SPEAKER. The gentleman from Ohio, pending the motion to 

suspend the rules, desires to move that all general debate in Committee of the Whole be limited to one hour. Pending a motion to sus- pend, such a motion is hardly in order. 

Mr. SAYLER. It may be all included in one motion. 

The SPEAKER. The gentleman moves that the rules be suspended, 

and that the Honse now resolve itself into Committee of the Whole 

for the purpose of considering the joint resolution reported by him, 

and that all general debate upon that resolution be limited to one . hour. · Mr. CONGER. Can that be done without a suspension of the rules T 

The SPEAKER. The gentleman makes that as a part of his motion 

to suspend the rules. The Chair intimated to the gentleman that he 

could not on Monday move to suspend the rules to go into Committee of the Whole, and then interpose another motion in regard to 

limiting debate. 

Mr. SAYLER. I make it as a part of my motion. 

The question was taken upon the motion to suspend the rules; and 

npon a division there were-ayes 102, noes 71. 

So (two-thirdsnot voting in the affirmative)thernleswerenot sus- pended. 

Mr. SAYLER. I will not take up the time of the Honse by calling 

for tellers on this question, but will give notice that at an early date, 

not to interfere with the consideratic;m of appropriation bills, I will 

ask the House to go into Committee Of the Whole for the purpose of 

considering this joint resolution. 

Mr. HANNA. And in the mean time let the joint resolution be printed. 

Mr. SAYLER. I move that the joint resolution be printed. 

The motion was agreed to. 

Mr. HUBBELL. And that it be printed in the RECORD of to-mor- row. 

The SPEAKER. It will be printed in the RECORD. 

EVENING SESSION. 

The SPEAKER. The Chair is informed that on Saturday the House 

agreed to bold a session this evening for debate only, no business of 

any sort to be transacted. The Chair is also informed that the time 

when the evening session should commence wa.s not fixed in the order 

of the House. The Chair would suggest that the time be now fixed, 

say at eight o'clock. 

Mr. BLACKBURN. I will state for the information of the Chair, as the Speaker was ab~ent on Saturday last, that half-past seven was the hour designated by the gentleman from New York, [Mr. COVERT,] 

upon whose motion the evening session was fixed. 

The SPEAKER. It was not embraced in the motion as taken by 

the Clerk. 

Mr. BLACKBURN. If it will accommodate the Chair I will move to fix eight o'clock as the hour. 

The SPEAKER. The Chair bas no wish about the matter. 

Several MEMBERS. Let it be half past seven. The SPEAKER. That will be the understanding, if no other timo 

be named. 

SHORT-HAND REPORTERS IN UNITED STATES COURTS. 

Mr. FRYE, by unanimous consent, introduced a bill (H. R. No. 3823) 

to provide for short-hand reporters in the circuit and district courts 

of the United States; which was read a first and second time, referred 

to the Committee on the Judiciary, and ordered to be printed. 

LEA YE OF ABSENCE. 

Mr. STENGER, by unanimous consent, obtained leave of absence for 

three days, on account of important business. 

ORDER OF BUSINESS. 

Mr. CONGER. I move that the House now adjourn. 

The SPEAKER. The effect of the adoption of that motion would 

be to cut off the avenin~ session. 

Mr. CONGER. That 18 the object of it. 

The motion was not agreed to; there being-ayes 65, :aoes 101. 

Mr. BANNING. I move that the House take a recess till half past seven o'clock. 

Mr. COX, of New York. I desire to offer a resolution which I send 

to the Clerk's desk. 

Several MEMBERS. Regular order! 

The SPEAKER. The regular order being called for, the Chair Ii.mst 

recognize the motion of the gentleman from Ohio, [Mr. BANNING,] 

that the House now take a recess. Mr. BANNING. I withdraw the motion. 

Mr. COX, of New York. I now offer my resolution. 

Mr. SAMPSON. I renew the motion for a receos. The SPEAKER. The Chair must of necessity recognize the motion 

for a recP.ss, because it is in the nature of a motion to adjourn. 

The question beingtakenonthemotion of Mr. SAMPSON, there were- ayes 93, noes f:ll. 

Mr. SAMPSON. As I have no objection to the resolution of the 

gentleman from New York, I withdraw my motion. 

RECOGW:TIO~ OF PRESIDENT DIAZ. 

The SPEAKER. The proposition of the gentleman from New York 

[Mr. Cox] will now be read. 

Mr. CONGER. Is that for a suspension of the rules Y 

The SPEAKER. The Chair is unable to say. The Chair will :first 

ask unanimous consent. 

Mr. CONGER. Then I object. 

The SPEAKER. Perhaps the geqtleman hall better hear the proposition read before he objects. 

:rhe Clerk read as follows: 

Whereas the adminstration of President Diaz in Mexico fnliills the requirements ~fternational comity and law for the purpose of recognition by our Government ; 

Whereas such recognition would be in the interest of national and commercial 

intercourse : Therefore, 

Resolved, That the President of the United States be invited to recognize said 

government of Mexioo as at present administered . 

:Mr. MILLS. I object. 

Mr. COX, of New York. I move to suspend the rules and adopt the 

resolution. 

Mr. MILLS. I move that the House adjourn. 

The SPEAKER. The Chair thinks that under the practice h(\ is 

bound to recognize gentlemen who desire to move to suspend the rules 

in the order in which their names are entered on his list. 

Mr. COX, of New York. This is a great public question and ought 

to be considered; I would not urge it but for that necessity. 

The SPEAKER. The Chair agrees with the gentleman that the 

question is very important. 

Mr. MILLS. I modify my motion so as to move that the House now take a recess. . The question being taken, 

The SPEAKER said: In the opinion of the Chair a. majority havevoted in the affirmative. 

Mr. COX, of New York. :Will this proposition be pending next. 

Mondayf 

The SPEA..K.ER. The Chair thinks that it would be subject to theprior right of other members who have intlicated their desire to move- to suspend the rules. 

:Mr. COX, of New York. I obtained the floor to offer this resolution~ 

I had great difficulty in getting the floor. 

Mr. CONGER. It cannot be before the House as unfinished busi- ness. 

The SPEAKER. The Chair thinks that it is not before the Honse~ 

Mr. COX, of New York. Why, Mr. Speaker, it bas certainly been offered~ and a motion made to suspend the rules. 

The SPEAKER. But the Chair was only entitled to recognize re- quests for unanimous cousent. For motions i.o suspencl the rules heis entitled to recognize gentlemen only in the order in which they 

have entered their names on his memorandum. 

Mr. COX, of New York. I was recogniz-ed by the Chair. Unani- mous consent is not necessary in order to be recognized by the Chair. 

Being recognized, I bad the right to offer the resolution. 

Tl.Je SPEAKER. The Ohair will examine the rules carefully on this. 

point. . :Mr. CONGER. I was about to make the point of order that according to the ruling of the Chair the gentleman from New York had. not 

the first right to the floor to make a motion to suspend the rules. 

The SPEAKER. The Chair will examine the point; the just rights. 

of the o-entleman from New York shall not suffer. 

.Mr. GLOVER. I ask the gentleman from Texas [Mr. MILLS] toyield to me that I may introduce a bill. 

Several ME-:\ffiERS. Regular order l 

The SPEAKER. The motion to take a recess until half past seven. o'clock bas been agreed to. 

The House accordingly (at four o'clock and ten minutes p.m.) took a recess nnti). half-past seven o'clock p. m. 

EVENING SESSION. 

The House reassemb1ecl at seven o'clock and thirty minutes p.m. 

The SPEAKER. The gentleman from New Jersey [Mr. HARDENBERGH] will occupy the chair this evening as Speaker pro tempore. The SPEAKER pro tempore, (Mr. HABDE.."ffiERGH.) By order of theHouse the se&sion this evening is for debate only, no business what- ever to be transacted. 

THE LIFE-SAVING ~"\'D COAST-GUARD SERVICE. 

Mr. COVERT. Mr. Speaker, only a few days ago a bi11 was introduced in the House by the gentleman from Tennessee [Mr. 'VmTTHOID.TE] entitled "A bill to organize a. life-saving and coast-guard 

service," and was appropriately referred to the Committee on Commerce, upon a division called for upon t,he vote for its reference to 

the House Committee on Naval Affairs. 

Although but a short time has intervened since its introduction,.. 

the newspaper press of the country and gentlemen repretsenti.ng the 

views of the friends and opponents of the bill have been active and. 

earnest in the formation of Hentiment and opinion both for and against 

the proposed measure. Representing as I do a district embracing a long line of coast, and a constituency largely interested in the workings of the life-savin!r 

service, I feel that I have no apology to offer in calling the attention 

of the Honse at this time to the features of a measure fraught with 
t 

1878. CONGRESSIONAL RECORD-HOUSE. 1665 

as many vital interests as any which has thus far been presented at 

this session in either House of Congress. 

The bill proposes a number of sweeping changes in and entire innovations upon the existing system under which the life-saving serv- ice of this country is conducted. The details of the proposed act 

will be more particularly examined at a later stage, it being sufficient 

for my present purpose to say that the bill under discussion proposes 

by it-s terms to take the service from the Treasury Department under 

which it has grown to its present proportions and achieved its suc- cessfnl usefulness, and bestow the care and keeping of the entire 

system, with all its details, upon the Department of the Navy. 

When a radical change iH proposed by the law-making power, the 

first and most natural inquiries are, as they ought to be: What defects or omissions are to be remedied by the proposed change f What benefits are to follow revolutionary action f How are exi'iting conditions 

to be improved by change either of system or of direction t .And these are t.he questions which confront us at the very outset of our examination of the provisions of the proposed bill. 

A glance at the map will demonstrate that the United States has an immense line of sea and lake coast, far exceeding that of any other 

nation, and comprisin~ more than ten thousand miles in extent. 

Different varieties of clirpate present all the various shapes in which 

storms and danger visit these coasts. The fierce gales which accom- pany winter storms of rain and snow upon the Long Island and Jersey 

and New England coasts are scarcely more to be dreaded, are fraught 

with scarcely more of danger to vessels freighred with precious car- goes of human lives and rich merchandise, than the swift, short, and 

almost equally fatal hurricanes of some of the more southern latitudes. · Prior to 1848, absolutely no provision had been made by Government for the protection of navigators along these d:l.ngerons coasts. 

Stately ships went down, heroic lives were lost by hundreds every 

year, and the only results were unmarked mounds in almost every 

village and hamlet on the coast, empty seats at hundreds of firesides, and the formal entries in many a ship-owner's ledger telling of 

total loss of vessel and of cargo. 

Looking back at then existing conditions, it seems sadly singular 

that Government conld have been so remiss in what ought to have 

been regarded as one of its first great duties. So constant and soappalling did these great sacrifices of persons and ~f property become 

that in the year mentioned, Congress awakened from the apathy previously existing in this regard, and made a. comparatively small appropriation for the better preservation of life and property from shipwrecks on the coast of New Jersey. In the following year like provision was made to gnard the coasts 

of Cape Cod and Long Island from their constantly recurring holocausts of destruction and of deatll. 

The scanty appropriations thns made served only partially to prevent the dreaded evil. There was no organization, no superintendency, no method. And yet the warm-bearted, strong-banded men of 

the coast did what they conld1 with the means at hand, to rescue and 

to save. Almost at once the beneficent results of a service like this were made manifest, for on the Long Island coast alone, during the 

winter of 1850, with the meage?: appliances at hand, nearly three 

hundre(!..lives were saved by the prompt and vigorons action of the 

hardy surfmen. 

Experience having demonstrated that abundant returns followed 

the care bestowed in this direction, and the like experience having 

proven conclusively that the service ought to lJe so conducted as to 

insure organization and responsibility, the Senate Committee on Commerce, three years later, called npon the Treasury Department for 

suggestions in this regard and in respect to further coast protection. 

'I'he then Secretary of the Treasury advocated an increased num- ber of stations, and that they be placed in charge of proper persons 

who should account to the Department instead of having the sta.tiens 

1\nd all the details of the work left to the loose and irresponsible 

control of either individual or associated volunteers. The year following, these suggestions were embodied in a law framed for that 

purpose, and while the law thns enact-ed was entirely inadequate 

to meet the wants designed to be supplied, yet tho better effects of even imperfect organization were speedily manifested. 

In this condition the life-sa'\"iog service rem:J.ined, with no regulations for its government, with no provision for the employment of 

crews, struggling as it best might under adverse conditions until the 

winter of 1b'70-'71, when the occurrence of several fatal coast disasters 

awakened Congress and the wholo country to tho necessity for more perfect. organization and more complet-e eqnip~ent. 

A larger appropriation was voted lJy Congress, and the Department 

of the Treasury was authorized to pay for the services of crews of 

experienced snrf-men at such places and for such terms as might be 

deemed proper. This was the legislation that ought to hav~ been 

aclopted fifty years sooner. It marked the beginning of a new and 

better condition of things in this regard. The assertion is made 

broadly and without reservation, that departmental records nowhere 

show such sure and satisfactory progress in all right directions as are exhibited in ''the short and s~ple annals" of the life-saving service, 

since by this action of humane hearts and clear minds this puny infant born of unfortunate necessity was thus fully adopted and 

rccognizet.l as the ward of a beneficent Government. 

Since the date mentioned the service has been completely and thorVII-105 

oughly reorganized. Practical men have lent to it the best thought and 

energy they could bestow. Inefficient and incapable officers and men have been to great extent removed and their places filled by men skilled 

by long service in storm and danger, and who are thoroughly familiar 

with every foot of the coast which forms their field of labor. Stations have been established at the points deemed most dangerous, after 

thorough and exhaustive examination of the coast,· and although these 

stations are not sufficiently numerous, as has been demonstrated on many occasions, this defect is not the fault of the Department, which 

has sought to utilize in the best possible way the insufficient appropriations voted for its support. A code of instructions for officers and men has been prepared, and the carrying out of these instructions to 

tb e veriest detail has been demanded and enforced by those in charge 

oi the service. Approved appliances have from time to time been 

brought into requisition, and these appliances have only been selected 

after thorough tests which have demonstrated their excellence. Surf 

and life boats, mortars, and all the important auxiliaries necessary to 

be employed, and of which the general public have the profoundest 

ignorance, have been made subjects of intelligent and well-ordered 

inspectjon, and their adoption and constant use have been followed 

by thorough proficiency on the part of the hardy and gallant men who use them. Added to all these improved features, a system of 

examinations and inspections has be.en adopted, and as a result improper and unfit men are in great measure prevented from entering 

the service. 

A drill system bas been inaugurated, and the crews of the stations are taught familiarity with the appliances used. The keepers and 

surf-men have been given practical instruction in the methods of 

restoring sufferers apparently drowned. A code of signals, with flags, 

hand-lights, and rockets, has been established and successfully used. 

Patrol districts have been mapped out from station to station. Day 

and night, along the stretch of the Atlantic coast from Maine to 

Florida-day ant.l night, along the shores of the great lakes-in sea- sons of storm and danger, the weary miles are constantly traversed 

by the patrol, who, with eyes bent seaward and with ears strained to 

hear the possible cry of distress, performs harder and more honorable 

service than was ever rendered by any soldier on any battle-field. In a word, order has been brought out of (fhnos. Although in almost every 

instance actual and in some cases terrible experience has demonstrated 

that the appropriations granted fort he service have been grossly insnfficient, although the stations in many localities are entirely too far apart, 

yet in the face of these adverse circumstances the service bas made for 

itself a glorious record. Never did virgin soil yield richllr harvest from 

the seed planted upon it than this service from the appropriations made 

for its support. The records of the Department year by year since the season of 1871 -'72 (the season of its reorganization) show a marked and 

steady improvement in.nsefnlness and efficiency. Time prevents the 

recital here of the statistics in support of this a.ssertion, bnt reference 

is made to the reports and records on file in the Treasury Department a.s verifying its correctness. It is sufficient to say that during the 

five years following the reorganization of the service the total value 

of prope.rty saved from strnmled vessels was $.S,254,000, and the num- ber of lives saved was 3,189. Turning to the record of the service 

for the last fiscal year, I find the following exhibit, to which· I 

earnestly invite the attention even of the most censorious: The total 

number of disasters to vessels during that year was 134. On board 

these vessels were 1,500 hnman sonls. The value of the vessels was within a fraction of $~,000,000, and that of the cargoes over .1,300,000. 

The value of property saved wa.s l,713,64i. Out of fifteen hundred 

persons on board these stranded and wrecked vessels only thirty-nine were lost. 

It may seem improbable to those who do not know the discipline 

and working of the service, but the assertion is made here that if 

any one desires to have further particulars as to the losses of the last 

year, inquiry at the life-saving department will be answered with 

full particulars as to how each one of the unfortunate thirty-nine 

who were lost went to his death! 

Sorely nothing more need be presented to show how thorough is 

the organization, how methodical and complete is the working of the 

service as now conducted under all the adverse circumstances arising 

from insufficient governmental support. From time to time within 

the past few years and since the life-saving service has by reason of 

carefnl and efficient mana.gement made its influence felt, and has 

gained for itself an honorable distinction, a desire has been in process 

of ~owth for the transfer of the service to the Navy Department. It 

is freely admitted that the idea of this proposed change does not 

emanate from the Department; the latter as such making no effort 

thus to obtain direction of the service. Seemingly those interested 

in the movement have waited their opportunity, hesitating until now to ask the Government to take the service from the control of those 

who have thus far conducted it, and to give it over to their-in a 

certain sense-untried "'prentice hands." 

Two serious and most distressi~g accidents, both occurring to Gov. 

ernment vessels, since the commencement of the present fiscal year, 

have seemingly emboldened those who have thus cherished this d~ 

sire, to make formal demand for the surrender to the Department of 

the Navy of the life-savin_:; service. .And the friends and supporteN of the bill now under consideration will undoubtedly point to the los8 

of the Huron, and the still more recent loss of the .Metropolis, as aftording reasons why the control of the service shonld be thn1:1 transferred. 
1666 CONGRESSIONAL RECORD-HOUSE. MARcH 11, 

Anticipating this, let ns exnmino very briefly somewhat into the facts 

attendant upon the loss of these vessels, to the end that we may determine whether the life-saving service was in any way derelict in 

duty or wanting in care and attention upon the occasion of either of 

these uuiortnnate disasters. Anu first, with reference to the loss of 

tho Buron. It is sufficient simply to say that tho Department having 

-charge of the service is unable, by reason of ,inadequate appropriations, to maintain crews except Dot those seasons of the year deemed most 

disastrous along the coasts. 'l'bis fact bas prevented tho stations in 

1he district "here this disaster occurred from being manned by resident surf-men except for the five months between the 1st-of December and the 1st of April, and the stranding of the Huron occurred 

when the crews of this district were not thus in Government employ. 

The disaster cannot, therefore, be attributed to any fault or neglect on the part of those who compose the crews of the district in question. 

A thorough official investigation has but recently been completed 

with reference to the loss of the :Metropolis. I shall not stop in this 

connection to allude to the fact that this vessel was old and nearly worn out and absolutely unfit for the uses to which she was applied. 

Tbe official inquiry demonstrat-eR that at the time the Metropolis 

stranded a heavy fog enveloped the scene of the disaster. No signal 

guns were fired from the steamer. The loss occurred at a point distant some four and one-half miles from the nearest station. So soon as the wreck was discovered, word was hastily dispatched to the station, and preparations were at once made by the crew to reach the scene of disaster. The beach coast here is a line of low, flat sand, 

scarcely raised above the water-level, and bad been covered the night 

before by a storm tide to the depth of several inches, leaving the beach 

in such condition on the morning of -the disaster that the men aank 

in the wet and yielding sand at every step. Over this difficult roadway, the cart, laden with the life-saving appliances, making an aggregate weight of over one thousand pounds, was toilsomely dragged by mon already spent by the exbansting patrol duty they bad jnst performed. Within the preceding twenty-four hours, one of the men had 

patrolled a distance of thirty-two miles through the driving storm; 

anot.her, twenty-four miles; two others, sixteen miles, and the remaining two, twelve miles each. Almost worn out and exhausted, with 

the broad tires of the appliance cart. penetrating several inches below 

the surlace of the yielding sand, these men hastened with all possible speed to the scene of the wreck. So soon as this point was reached, 

the mortar was set in position. The Yessel was lying head on, or nearly so, and there was thus but a small object, comparatively, at 

which to aim their shot <'arrying the connecting line to the vessel. 

At tho second shot the connection was established, and tho line was lodged on the foretopsail yard-arm, and was t'!loreafter seized by per- sons on board. The crew of the stat.ion bad thus far done all thoy 

could-had performed fully their part up to the point of co-operation 

with those on board the vessel. 

Had these latter made proper adjustment of the .shot-line, all mi~ht 

yet, perhaps, have been well. But through miscalculation, or in tho 

haste begotten of extreme danger, the slack of the line bad boen 

dropped by the person sent aloft to attend to it, so that the line 

led outside of and across the jib-stay, and at a sharp angle aft to the 

starboard side of the wreck. The strain upon the shot-line so placed 

became greater each moment, as it sawed across the iron-wire rope of 

which the stay was made, and finally parted iu two, and the shore 

connection was thus disestablished. 

I have entered thus much into particulars and have given tho details of this proceeding in order to show that tho crew of the station 

did all they could in tha emergency presented. They did absolntely 

more, perhaps, than their duty. Standing waist-deep in the breakers 

and undertow, with the winter twilight closing in upon the awful 

scene, at the risk of being swept away by the angry floou and of 

being dashed down each moment by huge pieces of the wildly dri von wreck, they seized and bodily drew out from the seething, boiling 

.vaters, hnngry for their prey, nearly a hundred human souls. It is 

not deemed possible in the face of this exhibit, in the pl'e8ence of these 

facts, shown by sworn evidence, that those who in the first hour of 

this terrible disaster were loud in voice of censure upon this service, can continue to indulge in adverse criticism upon the conduct of the men who 80 nobly diu their duty, and their whole duty, on that terrible day and night upon the Carolina coast. 

I may add ·in this connection tbst t.he chief of the life-saving 

service, from time to time in his annual reports to the Department 

and through it to Congress, had asked that additional means be furnished for the protection of life and property upon the coast of 

North CMOliPa, ~pd this request had been emphasized in the report 

submitted tor th.e lttst fiscal year. Tho occll!rence of these two accidents upon this dll-ngerous and treacherous ~Qast-line only t-ends to 

show the intimata knowledge of t~ pepn.rtment of the needs of the 

service and its forethought in suggesting me~Iltl fo; tbe !J.Voidance of 

threatened danger. The life-saving service of this or of any other governm!3nt, ~ow~ 

ever conducted, cannot always be infallible. It cannot be expected 

that always, upon every occasion of shipwreck and di&aster upon our long line of coast, Heath should be cheat¢ of its dqomed victims, even tbongh life itself should be offere4 up ~& sacriP,.® by those who 

sought to save. Governmental P~J}ers, exp13~enced surf-men, wbQ 

have devoted years of la'Qo~ ~n ~quiril!g exverjence in tb~s qera;~-

ment, cannot accomplish the impossible or overcome the insurmountable. What is claimed here is that with the means at hanu good 

resugs ba'*e been achieved under the present administration of the 

affairs of the service. 

llriefly examining some of the features of the proposed bill, lot us first admit that, looked at superficially, there may seem somo reason why this service should be committed to the care of the Navy Department. Doth have to deal in a certain sense with vessels and with the sea. But having admitted this common connection to this limited 

extent, all reason for naval control ceases. The Treasury Department ba.s cognizance under the law of all matters pertaining to com- meroo, revenue collections, the light-house system, and the revenue marine. To carry out it-s work in these directions, the matter of coast 

navigation more especially becomes an important feature. And in proteotin~ commerce, with which work the Department is especially 

charged, It would seem that the service in question should fallnnuer 

the jurisdiction of that Department. It may be urged by those who 

press the passage of the proposed bill, that the Treasury bas too many 

departments for the proper supervision of one Secretary, and that, 

therefore, this Department should be taken from his control. I can only say, if this consideration be urged, that this special department bas been particularly fortunate in having as its immediate head a snperintenclent who, though subject to the general direction of tile 

Secretary, yet is, as his-title implies, the "general superintendent" 

of this branch of the service; and through whose efforts, in great 

measure, the system bas been bnilt up and has attained its present 

successful prominence. Congress, however, will not stop to con- sider so "trivial an objection as this. The French maxim: "To be 

successful one must achieve success,. will be recognized as applicable 

to governmental departments as to individuals; and ii, by earnest 

work on the part of those connected with it, a department wins suc- cess under adverse circumstances, Congress and the countr.v will not 

take the department from the control of an uncomplaining Secretary 

through apprehension of his being made the victim of overwork. 

lli. DENEDICT. Will my colleague permit me to ask a question f 

Mr. COVERT. Certainly. 

Mr. BENEDICT. Has not the charge been made that the element 

of party politics has entered into and has interfered with the working of this service f 

Mr. COVERT. 1 am glad that my colleague bas propounded the 

question just asked. It permits me to consider right here and very 

briefly the only f\}ature which I can imagine can serve as the shadow 

of a reason for a change in the control of this service. The existence 

of tho evil aJluded to by my friend, in the past, in some localities and 

to some extent, has been freely and frankly admitted by the Department. I have on my desk the last annual report of the operations of 

the service, in which the general superintendent, in speaking of the 

affairs of district No.5, uses this language. I read from the report: 

The condition of district No. 5 the board of examiners found quite unsatisfactory. Of tho eight keepers e:s:amined five were incompetent, and more than ono-tlfth of 

tho snrf-men were unqualifie(l for their duties. The board endP.avored to impre ~t 

tho keepers and crews with r. full sense of the grave responsibilities resting upon 

them, aDd t~ stimulate them to efforts in acquiring proficiency in their dutie . They also made diligent inquiry into the canso of the degraded state of the 1lis· 

trict. They found that it resultoo generally from an utter n:rlsconception on the p:~.rt of the superintendent of his <luties and responsibilities, and that t·hi:s misconception had been formed in his mind hy the efforts o.nd represent:ttions of certain 

smallloca.l politicians, some of them holding petty official positi0118, who had impudentlr, claimml to represent tho wishes of the Department, and had contrh·od, 

by ndrmtly practicing on his fears, t{) secure the nomination and retention of incapable persons at the stations, both as keepers and aurf-mon. 

The superintendent is emphatic and pronounced in his denunciation of these practices ; and at page 35, of the report be says : 

To all who have at heart the interests of the life-saving service, there is conso- lation in the fact that the advantage gained by these intriguers, through their 

schemes of intimidation, assumption, o.nd chicanery, bas ever been brief; for immediately upon anynew11 of therr success reaching the Department measures have 

always been promptly taken to make their labors perfectly ineifectnnl. 

In this connection I may be permitted to state that in my own home district, char~es implying the existence of this nnholy alliance 

of party politics With the workings of a humane 3lld beneficent system have but very :recently been made to the Department. I bave 

to add that at once, upon the presentation of these allegations, a commission was promptly dispatched to examine and report upon the 

charges 80 presented. The testimony of witnesses was taken at great 

length, with what degree of fairness and with what results I am not 

folly advised, but with fulln~ss and promptness of which I a.m as- sured, and the evidence has, within the last few days, been forwarded 

to the Department for its action. The result of this inquiry will demonstrate to the people of my district at least whether, if the leprous 

artns of party politics have been allowed to clasp the pure, fair form 

of humane endeavor, the vile embrace shall be permitted to continue 

longer. 

As well, perhaps, might the general of a military division or a commander in the Navy be held responsible for the morals of an inferior officer, or for his conduct when not on active duty, as that the P.epartm~nt should be held responsible for every dereliction in this regar~ on ~h~ pfl>rt of a local superintendent or keeper of a station. 

Jt js"only wheiJ. t~a off'e~se is encouraged or passively pem~itted, instead of punislied·, that ~PB!-'Q~4 can attach to the Department. J ~ve faith to be!ier~, :frq~ g~~ fr~nk admissions and from the e~~~est anq vf~oroq_ij ~ttpf~I!P~ P.f ~9~ geq~r~! superintendent, as 
1878. CONGRESSIONAL RECORD-HOUSE. 1667 

embodied in his report, and from the prompt action taken in regard 

to the charges coming from my own home district, that a. &lncere 

desire exits on the part of the bureau having the system in charge 

to divorce utterly and wholly the work of the life-saving service 

from all connection with party politics as such. 

I cannot but believe in the face of these utterances, that in the 

nture, whenever and wherever it is found that politics enter aa a factor in the organization of the service, the partisan zeal of superintendents and supernumeraries will be met w1th the prompt removal 

of those officers, where such zeal interferes in the slightest measure with the efficiency of the service. 

Whenever it is made to appear that the mingling of politics with 

the work of thit:J service has the implied indorsement even of the 

Department; whenever I am satisfied that the superintendent or local officer, who permits such intermingling for party purposes or partisaJl ends, will for one moment in the future be continued in the 

ser\Tice after his offense has been proven, my voice and my vote will 

be in favor, not even then of the bill now under consideration in its 

entirety, but of some measure at least which will give the control of 

this service to those who will conduct it with purity and without 

partisan bias, and which will ass~ to it if possible, the same success in the future which it bas achieved in the past. 

Continuing our examination of this proposed bill, Mr. Speaker, let me remark that the revenue marine, an important branch of the 

Treasury Department, goes hand in hand with the life-saving service 

in the protection of persons and property on the coast. 'fhe two 

branches are welded and woven so closely together, that one could 

scarcely be taken from the co$ol of the Treasury Department .without serionsly affecting the usefulness of the other. 

So early as 1837, the Executive was authorized to cause Government 

vessels to cruise in the near neighborhood of dangerons coasts for the 

relief of merchant vessels in distress. This duty bas been successfully 

performed by the vessels of the revenue marine from that time to the 

present, except for a season, when the Navy undertook the duty. but 

abandoned it after a short experience. .Many lives and much valuable 

property have been sav~d by the work of the vessels and crews or the 

1·evenue marine, and Congress ought not to divorce the two agencies 

which now act so harmoniously together toward the srune objective 

point. The experiences gained by revenue-mariue officers in this performance of coast duty admirably :tit them for control and direction 

in connection with the life-saving service. Their fields of dut~ are really upon nnd in the near neighborhood of the coast. The experiences of naval officers have all been of and upon the deep sea. Their 

object bas been ratbel' t.o avoid than to cultivaw the dn.ngei'OUS shoals 

and shifting sands of our seaboard. They know nothing by actual 

experience of the long stretches of lake coast or of the dangerous 

navigation of our inland seas. I insist, and it seems to me an unanswerable suggestion, that it 

would be a policy fraught with nnt0ld evil to place a.s superintendents 

and keepers over life-saving stations, officers of the Navy, who. able 

though they unquestionably are in their own department, are profoundly ignorant oflocal peculiarities of coast, and correspondingly of 

local dangers and difficulties. If this objection be true as to the 

officers, it is equally true as to the men sought to be employed in this 

branch of the public service. 

The proposed bill contemplates the enlistment into the naval service 

of the men who constitute the crews at the stations. 

I speak from actual experience when 1 say that very many of the 

surf-men on the Long Island coast at least (and 1 am told the same conditionsexistelsewbere,)areamongtbe best men of the community. 

They are men of intelligence, owning their own l10mes, supporting 

families-thrifty, forehanded, and enterprising. During the seasons when not thns employed, they are engaged mainly in surf-fishing; 

and in this way they gain correct and intimate knowledge of every 

foot of ground upon wh_ich they work and of every phase and feature 

of the surf in which they labor. They do not depend upon the pittance received from the Government for their support; it comes to 

them simply ns a small addition to their yearly income, earned at sea- sons when they cannot prosecute their usual work. 'fhese men would 

not consent to enliBt in the Navy, subject at the caU of the Government to leave their families at any juncture, for possibly a long absence 

from home. Their Lome interests are in many instances too large; 

their home ties too strong, to permit many of them as prudent men to do this. This class of people have in great measure made the lifesaving service what it is. They have established local reputations 

for bravery and devotion upon the occasion of many a sad scene of 

shipwreck and disaster. They arc known and mal'ked men. Any act 

of cowardice, any temporary. faltering when duty called, would render 

them objects of by-word and reproach in t.he communities in which 

they live. · It cannot be wonilered at, that with this material to man t.he stations on our coasts, coupled with intelligent, practical direction and control, the service has become the powerful agent it has in 

snatching "out from the jaws of death, back from the month of hell" 

thousands of seemingly fated victiiDB. I hazard nothing in saying 

that nowhere upon battle-field, where royal effort has been made to 

outdo the brightest deeds of gallantry, have greater self-sacrifice and more supreme devotion to duty been shown, than have been displayed on many an occasion of shipwreck and disaster on the storm-tossed 

line of coast from Maine to Florida. If heroes upon battle-fields have won glory by deeds of earnest daring in destroying human life, the 

large-hearted, hard-handed dwellers upon our coasts have won imperishable renown in their efforts to rescue and protect it. These men never would enter theN avy, to oo subjected to the severe rules and stem 

discipline necessarily enforced in that branch of the serviM. Government would be forced to depend for bel pat the li!e-stations; upon such 

material as is found among the ordinary sailors of our Navy. I desire 

not to speak adversely of these men. It is sufficient to say that they 

would have no practical knowledge of particular localities, no knowledge of the surf except such as they might gain by future years of experience in it, and during which time hundreds of lives might be sacrificed upon the altar of their inexperience. They would not have that 

feeling of local pride which now lives down deep in the heart of almost 

every surf-man, which begets t.he desire to excel aud to establish an honorable local reputation in the department in which be labors. 

On the s~re of economy, the proposed bill ought not to become a law. The act authorizes the Secretary of the Navy to constitute ns many districts as he may think proper and to designate certain naval 

officers to be inspectors of these different diBtricts. The temptation 

might present itself to create independent districts unnecessarily, to 

make places for naval offi~ers, and in any event latitude is Riven in • the bill for dangerous and costly action in this particular. rhe pay 

of a superintendent, under existing law, is considerably less than that 

of the naval officers eligible under the proposed bill to act ns inspect- ors. Under the present system no expense is incurred for office rent, as the superintendent is. a housholder in each instance in the district 

in which he acts and performs the routine business of his office at 

his home. 

But I leave the matter of economy aside, as being perhaps nn- worthy to be discussed in connection with the other and graver rea- sons why the present control of the service should not be disturbed. 

The simple facts that under exL<Jting law the superintendents and 

keepers are residents of theirreipective districts; that they know their 

stretches of coast with a closeness of knowledge which no chart can give; and which nothing but actual experience and observation of 

shifting sands a.ud moving bars and half-hidden rocks can bestow; 

that tlley have a close knowleuge of their own home people and know 

whom to select as surf-men anc.l upon whom to rely in times of drn- ~er; that those thus selecte<1 are men of character and standing, with 

rmproper material excludeu so soon as discovered; that the men so appointed have every incentive to urge them to deeds of daring and 

devotion in the locality of their own homes; and lastly tbat superintendents, keepers, and surf-men have in the past proven themselves 

sublimely heroic, devoted, and earnest in the performance of their 

poorly recompensed labors-all these bets stand as sufficient reasons why the service should remain under its present management. 

Congress, in determining this matter, is dealin~ with higher questions than those of departmental strivings, of offimal differences, or of 

party politics. It is dealing with questions affecting the safety of 

millions of property, of thousands of human lives. 

Surely Heaven bas no angels merciful enough to forgive those who 

in the presence of these facts allow any consiucration other than that 

of the public good to govern their action upon this proposed bill, 

involving, as it does, matters so pregnant with fateful results. 

SHALL TllE DISLO)'" AL DE PENSIOl'.'ED f 

Mr. HAYES. :Mr. Speaker, I cannot let this occasion pass without 

entering my protest against the passage of the bill now under con- sideration. In my opinion, sir, the bill is open to many objections, 

and should never receive the sanction of any man who has the least 

desire to make any distinction between loyalty and treason. \Vhy, 

sir, what is the import of this bill, what are its provisions, and what are the great objects which are sought to be accomplished by enacting it into law T These are some of the more important questions 

which array themselves before our minds as we read the bill; and 

they are questions, sir, which we should consider well before giving 

the bill our approval. I know not, Mr. Speaker, in what light other 

gentlemen on this side of the House may regnrd it, but for myself of 

will say that I believe the one great object aimed at by the friends of 

tllis measure is, by enacting it into law, to get a declaration from this 

Government that treason is not a crime. What else than this can be 

aimed at by bringing the bill forward in its present shape f Let the 

bill, as it now is, receive the approval of both Houses of Congress, be 

signed by the President, and thus become a law, and who will dare 

to say that t.reason has not been made respectable by legal enactment 

and placed upon an equal footing with loyalty f 

Let ns look at the :first section of the bill. This sect.ion provides 

for pensioning every United Stat-es soldier who served for sixty days or more in the Mexican war. The friends of this measure come before us under the cover of this broad provision, gushing with a man- ufactured sympathy for the Mexican veterans, and implore us to giv& our votes in favor of putting the names of all these men upon the 

pension-roll of the nation. They hope, sir, by means of the broad 

provisions of the bill, by their overflow of sympathy, and by their 

earnest appeals, to blind us to the real motives which iuflncnce them 

in their actions. They say to ns : ''Let us be generous and show that we appreciate the patriotic services of these men by granting pensions 

t-o them all." Does any gentleman on this side of the Honse need to 

be told the meaning of all this T Does he need to have pointed out to 

him the real object aimed nt by these men T Why, sir, I have no doubt 

that tho friends of this bill arc anxious to have all these Mexican vet-
1668 CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

erans pensioned, but it is not because they love the great majority of 

them so much, hut because th~y love a certain few of them ruore; not 

because they care so much about the fact of a pension, hut because 

they want to establish in the law of the nation the principle for which 

they have contended so earnestly and so long, t-hat the traitor shall 

be considered the eqnal, in every respect, with the patriot. 

If we pass this bill and it becomes a law, what follows f The name of every Mexican soldier who took up arms against his Government 

during the war of the rebellion goes upon the pension-roll side by 

side and upon an equal footing with the name of the Mexican soldier 

who stood by the Union and fought to maintain it. Observe that 

this bill includes all soldiers of the Mexican war, not only those 

whose names were dropped from the roll because of their participation in the rebellion, but those who participated in the rebellion and 

whose names have never yet been on the pension-roll. And, Mr. 

Speaker, it is this equality on the pension-roll and in the eye of the 

law which is the great object aimed at by the friends of this bill. This 

is the grand consummation which they hope to see realized. It is to secure this equality between the patriot and the traitor that they wax so eloquent, grow so pathetic, talk so loudly of patriotism, and indulge in such lofty :flights when speaking of the debt which a nation owes to those who maintain its honor and defend its cause on the 

field of war. Why, sir, I do not believe there would have been a bill of this kind introduced into this House at this time had it n\lt 

been for the hope of its friends that they could carry it through by 

appealing to our gratitude for the soldiers of the Mexican war, and 

thus secure our declaration that treason is not a crime and that the 

traitor should be treated as though he had always been true to his 

country. 

But, Mr. Speaker, this appeal, the strongest that could be made, 

will not secure our snppor1t to this measure. I appreciate, as does 

every gentleman on this side of the House, all that has been said in 

praise of the soldiers of the Mexican war. We are not unmindful of 

the valor of these men. We do not f{)r~et their self-sacrifice or their 

patriotic devotion to the cause of their country. We believe, sir, 

that we are as capable of fully appreciating the sentiment of genuine 

patriotism in any class of men as are the gentlemen on the other side 

of the House, and in speaking the praises of these Mexican veterans we will not suffer ourselves to be outdone by them. We hold to the 

idea, Mr. Speaker, that the man who is ever true "to his country, and 

who in the hour of that country's peril forsakes all else and goes forth 

with a strong arm and courageous heart to fight its battles, not only 

merits a nation's gratitude but is worthy of all the praise that human 

tongue, however eloquent, can bestow upon him. 

The soldiers of the Mexican war did their work bravely and well. 

On many a bloody fiel(l they bore the nation's .flag proudly and gallantly "to victory and, by their heroism, self-sacrifice, and noble en- deavor, made for tb~mselves arecord thateverypatriotmnstadmire. 

When the friends of this bill speak so enthusiastically and eloquently 

in praise of these men, the heart of every man on this side of the 

Honse responds with an earnest amen. But, sir, let us not be so beguiled by the eloquence and enthusiasm of this praise as to forget 

the real object and intent of the bill before us. Let not our hearts 

be so completely led captive as to carry us beyond the hounds of prudence and lead us to forget our duty to our country. Let not our eyes be so Llinded that we cannot see what is for the common good. 

It is well known, Mr. Speaker, that there are now upon our pension-roll the names of all United States soldiers who were crippled or maimed or whose health was ruined while serving in the Mexican 

war, except those who were dropped from the roll for participation 

in the rebellion. In addition to these, I think the Government ought 

at once "to grant a pension to every other Mexican veteran who is in 

needy circumstances, provided he was loyal to the Government during 

the late war. If the Committee on Pensions will report a measure providing for pensioning this class of men, it will receive the en- thusiastic support of every republican on this floor. But, sir, there are many of us here w bo will never give our support to any measure which, 

like the one now before us, proposes to make the traitor the eqnal in any respect with the patriot. There are many of us here who still 

believe, notwithstanding the vast amount of gush and palaver about 

conciliation which we have witnessed during tho past year, that there 

is a difference between treason and loyalty, and that this Government 

cannot afford to degrade loyalt.y by giving "to treason even the form 

and outline of legal respectability. · But, Mr. Speaker, not only do the friends ol this bill appeal to our sense of gratitude, but they talk "to us about the "sacred debt" which 

we owe to the Mexican soldiers whose names were stricken from the 

pension-roll because of their having ta.ken up arms against the Government. In his Mpeech in favor of this bill a few days ago the gentleman from Maryland [Mr. W ALBH] used these words: 

Now, in reg rd to the men who were stricken oft' the roll1Ulder the forty-seven hundred and sixteenth sootion of the Revised Statutes. They wer~ placed upon that ron under an obligation contrncte<l by the Government. Their pension was in 

the nature of a. debt, the highest and most sacred debt that any people could owe. 

Again he says: 

Yon cannot repndiato that contract or debt. 

Now, Mr. Speaker, is not this rather strange reasoning! Suppose 

the Government did enter into a contract with these men, which party 

to that contract was the first to violate it f This is the question npon 

which the gentleman should have ~iven us some li~ht, but which be 

-

most studiously avoided. The Government has stricken from the 

pension-roll the name of no man who proved loyal during tbe late war: Those whose names were stricken off are men who went into 

the rebellion, became traitors to their Government, and thus forfei teJ 

every tight they ever bad under that Government. 

Why, sir, bas it come to this in this land, that a man can provo 

traitor to his Government, can unite with others in ruaking war upon 

that Government, can put forth his utmost endeavors for years to 

destroy that Government, and then, after he has been overcome aml 

forced into submission, can turn around and demand as a right that 

his name, which had been stricken from the pension-roll on account 

of his treason, shall be restored to that roll again and he he made a pensioner upon the bounty of the Government which he dill his utmost 

to destroy f That may be good democratic doctrine, but it is a doctrine which no government upon the face of the earth can afford to 

practice. If the argument of the gentleman from Maryland is souml, a. man whose name haa once been placed upon the pension-roll of tho 

nation can commit no crime that will justify a government in striking 

his name from that roll. He may be in open rebellion against his 

Government for one, four, or twenty years, and yet when be is forc~tl 

to submit to the authority of that Government he can claim that 

being once a pensioner hia Government owes him a "sacred debt" 

which it "cannot repudiate," and he can demand on the score of 

right and justice to himself that the Government proceed to discllarge 

that debt at once. Why, sir, who ever heard such a doctrine advocated before! What 

nation that ever bad an existence on the face of the globe ever dared 

to put such a doctrine in"to practice! •The fact is, Mr. Speaker, it bas 

been left for modern democracy alone, in its earnest efforts to palliate the crime of treason1 to announce and advocate this bitllerto 

unheard-<>f doctrine. It nas been left for modern democracy alone 

to appear in the halls of nationallegislatiou and demand the passage 

of a law which is calculated to degrade loyalty, exalt treason, and 

make the traitor the equal of the patriot. If thP.~ e men whose names have been stricken from the pension-roll could bavo had their way, 

they would have destroyed this Government, root and brauch, thus 

making it impossible for it ever again to pay a pension to any one. But because they failed in this-because the Government was strong 

enough "to withstand their persistent and determined eft'orts to destroy it, and to-day, contrary to their wishes, has a name among the nations 

of the earth, they come forward and ask to be reinstated as pension- ers upon its bounty. If ·this is not pure and unadulterated cheek, 

then 1 do not know where that article can be found. 

Why, sir, let us once give this modern democratic doctrine tho 

sanction of law and we may expect "to see these men whose names we are now asked to restore to the pension-roll coming forward and demanding in the name of right and justice that we pay them pensions 

during all the years when they were in open rebellion against the Government. I do not know, Mr. Speaker, how many gentlemen on this 

side of the Honse are prepared to indorse this doctrine, but for one I 

will say I cannot and I will not indorse it. This bill may pass this 

Honse, but it will pass without any vote pf mine. I hold, sir, that 

treason ia a crime, and the man who is guilty of it has no claim upon 

his Government whatever. Talk about the debt the Government owes t.hese men! It owes them nothing. On the score of right they can claim nothing from it. The Government may so far overlook 

their crime as to permit them to enjoy the rights of citizenship, hut 

all that it does in this direction is an act of free grace, and not be- cause of any claim they have upon it. These, Mr. Speaker, aro facts, 

hard, stn.bborn, and to some perhaps disagreeable facts, hut they aro facts that we cannot afford to disregard when wo are called upon to 

deal with such questions as that now before us. But, Mr. Speaker, the gentleman from Virginia [Mr. GooDE] also 

puts in an enthusiastic and impassioned -plea for these men, and attempts to excuse their treason by saying that '"hey responded to the 

instincts, the manly instincts of humanity, and stood by their kith 

and kin in the most gigantic civil struggle which the world has ever seen." 

Is this, then, the kind of argument which modern democracy brings 

forward to justify crime! Is this the plea which democrats offer to 

the people of this nation as an all-sufficient excuse for men who nre guilty of the greatest crime that can be committed f Is this the garb 

which is to be wrapped about the hideous form of treason in order to 

make it appear comely and respectable f Away with such nonsense, 

such weak and flimsy arguments! 

I would like to ask the gentleman from Vir~inia if he would hold 

me guiltless if I should "respond to the manly mstincts of humanity" 

and stand by and assist any of my kith and kin who were degraded 

and mean enough to break into and pillage his house f If such an excuse as he sets up is valid, then the man who goes with and assists 

his kindred in the commission of any crime should be considered a hero a.nd not ~villain. Why, sir, the argument of the gentleman is 

absurd, prepoliterous, and unworthy to be advanced by any gentleman 

upon this floor, Did any one ever hear such a plea put forward beiore as an excuse for orime f Did the gentleman himself ever ad vance such a. plea in behalf of a. criminal before any judge or jury in whose 

presence he Illll.Y have been pleading! Once admit such a plea into our courts ns valid, and justice would become a m(lckery and the 

veriest rascals on the face of the eart4 would go unpunished. 

No, sir, it is not tho p:l3P.. w:QQ foUow~:~llia kith and kin into crime 
1878. CONGRESSIONAL RECORD-HOUSE. ·1669 

that is g'lliltless, that is the hero, but the man who dares to do right 

in spite of his kith and kin. The patriotism that should be com- mended and rewarded in this nation is not that which upholds the 

band of the relative that is raised to take the nation's life, but that 

which strikes down that. hand even though it be the hand of father, 

brother, or son. Does not the gentleman know that there are duties 

incumbent upon every citizen, higher than thoso which he owes to 

his own household-that there are ties stronger by far than those 

which bind him to his own kindred t The duty which a man owes to his country is second only to that which he owes to his God, and 

any man should be ashamed to attempt to excuse treason against his 

Government on the ground that the person committing it stood by 

ills kith and kin. 

But, Mr. Speaker, I wish to call attention for a moment to section 

5 of t.his bill. That section proposes to repeal seetion 4716 of the 

Revised Statutes, which reads aa follows: 

SEc. 4716. No money on account of pensions shall be paid to any person, or to 

the willow, children, or heirs of any deceased person, who in any manner Yolon· 

tarily en~ed in, or aided or abetted, the late rebellion against the authority of the 

Unifud States. 

Now, sir, I aak if we are ready in this nation to repeal this section, 

to blot it from onr statute-book as a thing on worthy to remain there' 

For myself, I will say, no, never! Thegentlemau from Virginia. [Mr. 

GooDE] in his enthusiastic utterances the other day exclaimed: 

"Will this cruel war never be over f" Mr. Speaker, I trust the war is over, never more to be renewed. But, sir, there are certain reso.lt3 

of the war which I trust will remain and abide with ns forever. 

There are certain things which this nation bought and paid for with 

treasure, and blood, amllife, and these I want secured to us as long as our Government stands. If the gentlemen on the other side of this 

House do not want us to'talk of the war and the part they played in 

it, let them keep their hands off from those portions of the Constitution and laws of this nation which secure to us the results of the war. When they take our statute-book and reach out their hands to tear 

from it such portions as section 4716, they most expect" that gentlemen on this side of the House will rise t{) resist the attempted outrage. 

The gentleman from Tennessee [Mr. RIDDLE] attempted the other 

day to quiet the enemies of this bill and reconcile us to its passage 

by telling us "that a. bill similar to the prese!lt one in all its essential 

particulars passed during the last session of the last Congress without a 1:1ingle dissenting voice." It may be, Mr. Speaker, that such was the fact; but, sir, I blush for the republican that could give his 

voto for such a bill, or could sit with dumb mouth and let such a. bill 

pass. The man who will vote to repeal section 4716, I do not care who he is, without putt.ing something equally as good in its place, is a poor representative of the Union soldiery upon this floor. I have 

not looked up the record of this vote. I have no desire to do so, for I 

do not want to know who the republicans are that could so far forget 

the duty they owe to both the dead and living soldiers of the Republic as to permi.t such an outrage to be perpetrated without entering their protest against it. 

But, sir, let the past remain with the past. A bill similar to the one now before us may have gone through the last Honse without a. diBSenting voice, but there are many voices here to-day that will bo 

raised against the passage of this one. There are many here to-day 

who will never give their consent to the repeal of section 4716. Why, 

sir, "What will be the result if this section is repeal11d f It will be 

simply to niake it possible to grant pensions to rebel soldiers just the same as pensions are now granted to Union soldiers. Striking this . section from the statute-book is tearing down the only strong barrier 

that we erected during the war, as far as granting pensiona is con- cerned, between loyalty and treason; and it is because this section st~nds there as a constant rebuke to the men who took up arms against 

the Government that they are so anxious to blot it out. Why, sir, 

their efforte to get rid of this to them obnoxious section are not only 

determined, but nnceaaing. Ever since they got control of this H~nse 

they have been devising plans by which they Inight accomplish this 

object without exciting opposition on this side. Aft-er much study 

and labor, they now .come before us with a measure whose ostensible 

object is to grant pensions to the soldiers of the Mexican war, but 

whose real object is to wipe out this section. If their only object was to grant pensions to the Mexican soldiers, why did they not leave 

section 5 as it was in the original bill. That section in the original 

bill rea.ds as follows : 

Sxc. 5. That section 4716 of the Revised Statutes is hereby repealed so far as the same relates to this act. 

Had they suffered this section to remain as it is here we might perhaps have believed that their only object was to secure pensions for 

the Mexican soldiers. Bnt, sir, when this bill is reported to the 

House2 after having gone through the hands of a clemoc. ratic committee, what do we find f \Ve find that the words "so far as the same relates to this act" are stricken out. Why was this done f I claim, 

sir, it was done for a purpose. It waa done to meet the wishes of men who are anxious to accomplish more by the passage of this bill 

than tlley are willing to admit. I claim, sir, that there was method 

in this proceeding:. There is a settled, well-understood plan on the 

part of democrats m both Houses of Congress to blot from our statute- · book everything that makes any distinction between the patriots and 

tho traitors in the lato war. I say thero is a plan, and in accordance 

with this plan this bill is presented to us in its present shape, and we are naked to give it our support. In accordance with this plan, also, a. Senator from North Carolina [Mr. MERRIMON] not long ago introduced into the Senate a bill providing for the repeal of this same section. 

Why, sir, not only have these gentlemen formed theif plan, but 

they are determined to carry it through. They are resolved that 

nothing shall remain in the law of this nation which goes to show 

that the traitors of the South did anything wrong during the late war. Their ultimate object is to so change law and public sentiment 

t.hat the rebel soldier shall not only be equally honored with the 

Union soldier, but shall be pensioned upon the same equal terms. I 

say this, sir, because I believe it to be true, and I believe it to be true 

not only from what I see and hear in this Honse, but from what I see and hear elsewhere. It is with this object in view that we republicans are asked to give our votes in favor of repealing this section. 

Are we ready and willing to do this f 

For myself, I will say that I am not. As a man who served in the 

Union Army, I Will say that I am entirely satisfied to let this section 

remain as it js and where it is forever. I want it to go down the ages 

side by side with the thirteenth, the fourteenth, and the fifteenth 

amendments to the Constitution. I want it to remain fixed and abiding among the laws of the land, so that it may be understood by every 

man, woman, and child within our borders, for all time to come, that no rebel shall ever receive a pension at the hands of this Government. I 

want it to stand out in bold relief upon our statute-book, where all men can read it, that all the world may know that we in this American Republic do make a distinction between loyalty and treason. 

I have said this much, Mr. Speaker, because I feel deeply on this 

subject. I have been somewhat emphatic and positive in my remarks 

because I hate treason, because I respect loyalty, because 1 love my 

country, and because I believe that if we enact this bill into a law, it 

will prove a source of trouble to us during all the future of our exist- ence as a nation. When the bill granting pemions to the soldiers 

and Railors of the war of 1812 was before this Honse a few days ago I 

felt it my duty to vote against ..it. I knew that some of these men, even in their old age, had aided, abetted. and helped forward the late 

rebellion against this Government, and in view of this fact I felt com- peHed to. vote as I did. .· I believed, sir, that to make pensioners of men who had once re- belled against the Government would be establishing a bad precedent 

which could but work evil to us for all time to come. Had it not 

been for this, I might, in view of their old age and to show my appreciation of their services in the war of 181:l, have been induced to 

overlook their actions during the late war and have voted to grant 

them a pension. Had I felt that the bill was only going to affect 

them; that all its proviRions, rights, privileges, and precedents were going to end with granting pensions to them, I might l.Jave given it 

my support. But, sir, I felt that that bill, if it became a law, would 

reach beyond these men far into the future, and its influence in ex- alting treason and degrading loyalty would be a Inighty power in 

the land long after they were in their graves, and feeling thus I voted 

against it. . Bnt to-day, Mr. Speaker, I am asked to vote for a bill much more obnoxious to me, and fraught with far greater evil to the country 

than the one which I have just referred to. 

While under certain circumstances I could have voted for the bill 

granting pensions to the veterans of 1812, I can coneeive of no circumstances under which ! .could be induced t{) vote for the bill now before us. There might have been some little excuse for the old 

soldiers of 1812 helping on the rebellion, but there was no excuse for 

the soldiers of the Mexican war. These men were in the prime of 

life. They were not subject lo the giddiness and waywardness of 

youth or to the whims and caprices of old age. They were in t.he 

full strength and vigor of manhood, and were capable of deciding 

for themselves between right and wrong, between what was duty 

and what was not. They chose to go with the South and against 

their Government, and now, sir, let them abide the result. I agree 

with the sentiment recently expressed by the Meriden (Mississippi) 

Mercury, and which that journal sets forth as follows : 

The confederates conld not and would not ask any beneficences from the Gov. ernment which maimed anti destroyed them and uevastatell and laid waste their 

lands and :razed their homes, becau.se in daring to try the conclusions of war thoy 

dared to abide its results. 

And now, in conclusion, Mr. Speaker, let me repeat that we as a nation cannot afford to make this bi11 a Jaw. If we once allow it to 

go upon our statute-book we repeal section 4716, and thus open the 

way for granting a pension to every crippled and wonndeu rebel in 

the land. This, I say, we cannot afford to do. Wo cannot afford to 

put a premium upon treason by pensioning t.raitors. I want it understood in this land for all coming time that treason is a crime. I want 

it to go down the ages branded as the greatest crime known among 

men, and I do not think this Government can afford to do anything 

to relieve it of the least shadow of its blackness or to remove from 

it the least particle of the odium which attaches to it. Thinking 

thus, Mr. Speaker, I shall vote against th.e bill, and I hope enough others may be fonnd voting with me to defeat it. 

· ICE HARDOR ON THE OWO. 

Mr. VAN VORHES. Mr. Speaker, on th:e 26th ultimo I introduced 
. 

1670 CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

for consideration House joint resolution No. 122, providing for a sur- vev of and report upon the ex:penRe and availability of constructing 

at "the mouth of the Muskingnm River a harbor for the protection of 

eteamers and other water craft against damage and destruction by 

floes of ice in the Ohio River. This resolution was offered in response 

to petitions intrusted to me (and presented by me to tho Roose this 

morning) signed by over three hundred prominent citizens, steamboat owners and officeiS, and other business men of Pittsburgh, Marietta, 

Cincinnati, and other points along that great national highway, some of whom have been for twenty, forty, and even sixty years, as they state, connected with its navi~-ration, and whose experience and 

observation enable them to speak ndvisedly upon the subject. 

fhe great necessity for these "ice harbors" is becoming more and more apparent each succeeding year as commerce increases in extent 

and value, and year after year the people have been calling the attention of Congress to the propriety if not absolute necessity of affording relief and protection. - The value of this river and its navi~a.ble tributaries to the seven p-eat States drained by their water (anu indeed to the entire country) 

1s of vast importance and magnitude, and deserving of corresponding attention at the hands of Uongress, in the line of improving their 

navigation and affording facilities and protection to their commerce It is a question, I repeat, not merely of local import, bot eminently 

national in its character, Hdemanding the especial exercise of governmental powers, to render it a great transportation highway of 

the nation; uncontrollable by corporations or combinations, and 

justifying, in view of the future of the country, large expenditures 

of money from the common revenues of the nation. Not only is it an exceedingly important commercial highway, as a competitor of the 

railroads with respect to the transportation of general freights, but 

especially so as being the only practicable hi~hway for the transportation of coal from the vast coal-fields of Pennsylvania, Ohio, and 

West Virginia, to points below as far as New Orleans and the Golf of 

Mexico. But few persons, apparently, have an adequate conception 

of the extent and relative importance the population and the business, as well as the reyenues of these seven States, (Pennsylvania, 

West Virginia, Ohio, Indiana, Illinois, Kentucky, and Tennessee,) 

bear to the remainder of the Union. With this fact in view,- it may 

not be ont of place to quote here. a paragraph or two from a memorial 

to Congress, made as Ion~ ago as 1872, and which was adopted at a Convention comprising five commissioners from, and appointed by 

the governors of each of these States, which convention was held in 

Cincinnati in November of that year. The object of the convention was to take into consideration the improvement of the navilli"'ation of 

the Ohio River and its tribntari-:'s. Referring to the "mi 'ons ex- pended by the Government under acts of Congress, upon the sen- coast harbors, and upon tbe lakes, the right to use largely of the common revenues of the nation for sectional navigation improve- .ments where the ultimato benefits are national, and thus leaving no question as to the equal expenditures npon the interior navigation 

of the coontcy, which is so wide as to be national itself instead of 

sectional," the memorial adds: 

In this unequal system of internal nad~tion fourteen of the States of the Union are directly intereated by reaeon of its wat.ers permeatin~ their territory. While 

by reason of the powt>rfnl n):tent this internal river nangation <'.an under ample ~rovernmental expenditures becomo for the cheapening of tlio cost of trans-portation of agricultural and manufactured products, the interests of the population of 

all tho Stat-es are greatJy touched. * * * 

:By the census of 1870 it appears that of a tot,(l,l population of 3fl,113,213 these seven States for which we speak contained 13,592, 1:.'9 inh:lbitants. ov~r 35 per cent. of the entire population of the nation, while in tho ~ven otb8r States directly interested-Mississippi, Lonisian~, Arkansas, Wisconsin, Minnesota., Iowa, and Missouri-there were 6,496,nl inhabitants. or nearly 17 per cent. more. :By the repott 

of the Internal-Revenne Commissioner for le65, that being t.be year when tiJat tnx- ation waa broadest in its levies upon the T'fo<lur.ts and wealth of the nation, it is 

shown that $183,118,804.06 of revenue was collected; the seven States wl-.ose commissioners we are paid $62,555,139.89, or over 3.1 per cent. of tile whole revenue thus obtained from the people. :By the census of 1~70 the value of the farmin,~r products in 

the United States was t2,447,1CO, 721, of which thes<' sonn States for which we speak 

produced e!}13,3()tl,344, or over 40 per crnt. of the whole, while the other seven States m teres ted in the improvement oftbe western ri n~rs prod need S4!14, 7 41,906, or over 20 

per cent. more. By the same State document it appE>nrs tbat the total Tal no of 

'lands in farms in the Unitetl States then was $11,13'2,C62,983. and that in the sc•en Stat.E'.s asking through your memorialists the improvrment of the Ohio RiT'er the 

'value was $4,284,890,390, or OY<'r 40 per <'Cnt. of the -whole, while in the other 86'\"CD 

States in qnrstion the T'alue of the farm n~Janus was $1,273,i!J3,689, or o•er 10 per 'cent. more. :By the same state paper tho vnlne of the Jiyo swck then in tho United 

State& was il,65~J,200,933, of which fli74,i69,7f8, or O"\'er 40 per cent., were in the 

se"\'en State8 we represent, while in the other se\'en States the"\'alne was ~,608,80t:!, 

or m•arly 20 per cent.. more. In tho ~~ame cerums the nlue of farm implements ami 

machinery in the United StateR is {!iwn at 133,000,039, of which 1122,489,481, or over 36 per cenl, was in tho se'l'en Stat..Ps in whose name we memorialize your honorable body, aml ~0,9l!l;f'ti9. or O\'er ~0 per cenl, in the other seven States lying 

upon the great rivers of tho Mississippi Valloy. ~otonly, then, is the impro'l'ement of the navigation of the Ohio Rirer asked by one-fiith of the States of the nation, but it is asked by one. third of tho whole popu- lation, who havd'heretofore pahl3S per cent. of tbo whole internal taxation of tho 

nation, and borne a r.orresponding share in tht> liquiuation of tho national <lebt, and mnst by inference continue to do so until it is all paid. It is naked by tbo.,e who 

raise 40 per cent. of the farm products of tho country, o~ 40 peJ; cent. of tho land 

in farms in the nation, 40 per cent. of tbe live stock, and 36 per cent. of tho capital in farm implements and machinery in the United States. 

:By the statistics hero pl't'sented it appears, also, that seven other States, containing 17 per cent. more of the whole population of thA nation, who produce 

20 per cent. of the farm products of tho country, contain 10 per cent. of the liNI 

stock, 20 percent. of the farm mnchinerv. are directly interested in the request of 

the States whose commissioners we are, ·that tho impro'l'emcnt of thenangation of 

the Obio shall be taken up as a work of tho first national magnitndoand importance. 

Tho ag~~ate of those asking tbis proper, nece~;sary, and wise action of tho Gov- ernment is therefore one-half of tho whole population of the nation, who raise CO 

per cent. of tho farm products of tho country, own over 50 per cent. of the land in 

farms, fl() per cent. of the live stock, and one-Mlf of all the farming implements aml 

machinery in tho United States. 

When such a clear one-half of t.he political force, the population, the wealth, tho 

productive forces, the financial power of the nation, reqwres the improvement of 

the Ohio River and its tributaries, is it not the bounden duty of Con~ss to take 

such action promptly as shall mooti this demand and accomplish the work required' 

Again, in the same line, Mr. George H. Thurston, cna.irman, 1n a report made to these commissioners in November, 1877, gives many 

other valuable facts and figures. He takes the ground that while an active home market is of more primary need than eyen a vigorous 

foreign demand, yet under the great increa.se of manufactures the 

importance· and absolute nec~ssity of foreign markets for them ha.,re 

become urgently upparent. He truthfully says also in this conilection that the ability of tlle American mechanic to compete in the mar- kets of the world with any rival has been demonstrated and footholds on foreign markets obtained by American manofa.ctnrers, and lhen 

adds: 

Here, toon, we stand nt the vary initial of the connection between the improve- ment of the Ohio and the necessity of foreign markt>ts. The seven States which 

this commission represents are o.nd must continue to be the heart of the manufacturing intel't'sts of the United States. Within the bounds of theao seven State~~ are over ono hundred thousand square miles of coal. The manufacturing supremacy 

nnrl money power built up by Great Britain rest on bot eleven thousand square mila~~, or about one-ninth of the area possessed by these seven States. 

Theone thousand miles of the Ohio connect with nearly eighteen thousand miles 

of river navigation. How necessary, then, are the Ohio and its tributaries to the distribution of the vast bulk of manufactories its fields of coal foreshadow. How 

re9nisito to cheap transportation by the wav of the M.issis!lippi to foreign markets. 

W1thin these seven States permeated by ihe Ohio and its immediate tributaries, 

npon this fielU of coal nine times the area of that which enal>led England to con- trol heretofore the markets of the globe, the great army of mechanics will congre- ~ate, who, with tho useful weapons of peace nre to win vict01ies and bring honest 

spoil from their conquests to enrich our .people. The rapidity with which this con- IZI'Ogation of the manufacturing industrres 18 ~atherin~ is indicated by the census of 1870. Tho manufactures of tbe entire nation are gwen that year at two and a half billion dollars, and of that the seven States of the Ohio prodoce<l one and a half billions1 or CG per cent. of all. In 1850 there were in those ee\"en States only 36.277 factones, producing bot two hundred and eighty-four and a half million of 

dollars. In 1870 there were 97,5ti8 factorie~~, producing, as before stated, on~ an1l a half billions-not millions, but billions. In 1~90, under tho same ratios, allowin:; 

bnt one-lJalf the previous increase from 1880 to 1890, there will be 250.000 factories, 

Jielt"Ung $3,600,000,000 of products. Throu~h this grent and increasing workshop 

tho Ohio and its tributaries run, and oTer their waters is indisputably the cheapest, easiest avenue by which the markets of the world are to be reached through the 

month of the Mississippi. . 

At the present time the city of Pittsburgh is tho principal center 

of the coal trade of Western Pennsylvania. According to the report 

of t.he chief of the· Bureau o.f Statistics, the shipment of coal frow 

that city during the year 1876 amounted to 6:l,395,COO bushels, or 2,495,800 tons. Later reports st.ate that the coal trade of Pittsbur~h 

represents a production of 176,227,220 bushels, valued at 811,302,671. 

Of this, 69,663,946 bushels, of a value of $4,876,471, at seven cent8 a bushel, or about 40 per cent. of the entire coal trade of the city, is 

the amount taken from the Monongahela River district, not al1 of 

which is, however, taken by river to ports below Pittsburgh. Tbe 

value of the steamers, barges, and boats owned at Pittsburgh and 

employed in the coal bnsiness is estimated at $5,000,000. A'most all 

the coal consumed in the cities and towns on the Mississippi River 

and its navigable tributaries, below Saint Louis is obtained from this 

section. The steamers on the Mississippi River, and the ocean steam- ers from New Orleans also depend upon this Mnrce of supply. Doring a single rise in the river forty-six fleets1 comprising 369 coal-flats, 

and barges, and carrying 4,156,000 busheJB of coal, have left Pittsburgh within the space of three days. 

As sources of supply of coal, the vast coal-fields of West Virginia, · and Southeastern Ohio are becoming second on1y to the Pittsbor~h 

region-the marvelous magnitude of which I have already given m contra.st with the coal area of England. The shipments at this time 

from the vicinity of Pomeroy in my own district, and frQm the valleys of the two Kanawhas, by river, is immense, and millions of capital are invested in mining, and in the means of transportation. The 

number of steamers and barges now constantly employed in the trade, 

I have not the means at hand for stating correctly, however. 

The recent developments of the wonderful deposits of iron ore and 

coal in the counties of Hocking, Perry, Morgan, Athens, and Washington, in Southeastern Ohio, are also attracting largely the capital 

and enterprise of moneyed men in the Eastern States as well as in 

Europe, and a larger number of iron-furnaces is at this time being 

projected and in the process of construction in that re~Pon than was ever witnessed within a like area of territory at one time in this or any other country. These capitalists are already consulting as to 

routes for new lines of railway to transport their immense anticipated 

products of mines and fumaces to the Ohio River and to secure a con- venient and safe place of deposit on its banks preparatory to reshipment and transportation by water lines. The future of this enterprise is challenging the attention of many of the ablest and most farseeing business men of the country. 

It is stated in a report made by a committee on "Ohio River navigation" that such is the extent oUbe traffic upon and along this channel that to-day a railroad on each bank would not be able to carry 

the freight that floats upon its waters. If such be the condition of 

things to-da.y, what may we not anticip11.te in the :future in view of the 

wonderful increase in manufactures as well as of the staple productions T For instance, take the increase of one of the staple productions of the Sooth, to wit, tho sugar crop of Louisiana, which at the 
1878. CONGRESSIONAL RECORD-HOUSE. 1671 

close of tile war in 1865 was 18,000 hogsheads; in 1874, 117,000; and 

the estimate of last year shows a commendable increase even over 1875, which waa 150,0CO hogsheads of sugar and 250,000 barrels of 

molasses. This is but a single item; and the same committee state 

they are "safe in saying that the coal and iron alone now carried 

n.pon the Ohio River exceed in tonna~e til at of the entire transportatwn of twenty-five years ago." And m this connection it is proper to 

a.dd that a~cording to the report of the Senate Committee on Transportation, "at the present time the domestic commerce of the towns 

and cities of the Ohio River'' amounts to over $1,647,000,000, or nearly 

double the whole foreign commerce oi the United State,s I 

In an elaborate paper by Professor Waterhouse, of Washinrlon 

University, addressed to the Saint Louis Board of Trade, lookii~g to 

the improvement of the Mississippi River, the author assumes that 

suc)l improvement "would cheapen breadstuffs throughout the land, 

and confer a mutual benefit upon producer and consumer. The west- ern farmer could save more money and consequently could buy more goods, while the eastern manufacturer coulcl live more cheaply and 

therefore coulcl sell his fabrics at a lower price. In these times of 

industrial adversity a public work that tends to Jessen the cost of 

subsistence is Bpecially worthy of the active encouragement of the 

Government." Thereupon he argues that- ~bviously carriage by water !s far oh('aper tl1ao transportation by r:UL :Rival 

trams never run on the same railroad. Every railway company posto('sses its own track\ but no corporation has an ex~lnsi>o ti~1e t:o the llissis~1ppi River. .Apart from 1te natural cheapnes$, river fre1ghtage IS stiU further reduced by the activo 

competition ?f different lines of steamers. Even if the Mississippi wrro not nsed 

for commercial purposes, yet there would be J!l'('at economy in improYinl! its channl'l, for tho mero possibifity of its use would force 1lle r:ulroads to low!'r their 

charges to rlYer rates, and the total saving in the price of transportatiQD would 

many times exceed the cost of the proposed improvements. 

The tt:uth. aa well as thef?r~e?f t~~s reasoning al~ mnst admit, and 

that whiCh Is true of the MlSSisstppliS equally applicable to the Ohio 

River. And as the writor adds: 

Tho haayY expense. of tons~ction, equipment, x:nnmng and repairs, tbo large force ~eqnire<l ~or their operation, and tho.comparatlve1y small work accompliP.hcd by a swglo engmo, mnst always render railroads a costly system of transportation. Tho bounty of Providence haa freely providecl the river for our commercial con- venience. Tbere is no cost of construction, but only of improvement. 

According to the same report the destruction of steamers a,nd ·barrres ~uring the same flood at and in tile vicinity of Cincinnati was :mo unmense, though not so heavy. H says: 

. The total nnmberof steamboats in. port, including 3 on the "ways" at CoTington, -was 37; of these 7 were sunk or earned away. • * * The Jn"entest Joss occnrrt'U 

at Waters's Landing, the lowest landing at Coal Haven. The number of loaded 

coal-barges lost was 71; the number of empty barges cut down or carried away was 175. 

The loss on steamboats and wharf-boats at Cincinnati amounted 

to $73,650; an~l that on coal, coal-barges, coal-flats, and floats to 

$202,895; makmg a total loss of $276,545. I give these as specimens 

of the lo~es at two places only, and during one flood. The losses at 

other pomts I have not the means to state in detail; but in the Kanawha Valley aJ:ld at Pomeroy, where there is an immense coal and 

salt-shipp~g i?terest, they must ha':e been. heavy-the aggregate on the Ohto ~1ver, as stated recently m a Samt Louis paper, being 

$4,000,000 durmg the year just then closed. 

It is in view of these immense navigation interests and the dan- ~ers and th_e losses occurring, that these steamboat-ow~ers and otherM mt~rested m the comm~rce of tile Ohio River ask that a preliminary 

survey and report be made as to the expense and availability of con- structing an ice harbor out of the :five miles of tho slack water of the 

Muskingum River, extruding from Marietta to Devoll's dam. Simi- ]~r ex3:1Dinations.have been made at several points at and near Cincmnati. Exec~bve Document No. 41, recently printed, gives to some exte~t the ?etails of t.hese surveys and examinations, by William E. 

Merrill, maJor of Engmeers, War Department. In this report Major 

Merrill. also gives h~s views ~s to the best methods, by harbor or otherwise, of protechng the wmter commerce of Cincinnati from floes 

of ice in the Ohio. Under the head of "Hru:bor room required," ho 

says: 

A CC'al-barge may be iakrn as measu~n~ 130 by 24 feet, or 3,1~0 square fe<'t. 

Tho net area of the harbor room reqmr('d for 6;!3 coal-bar~es will therefore be 

1.!l43.7CO square feet, or 44.Ci acres. If to this wo add 10 per cent. as the least, pollsi- blo allowance for waste-room and p:ts5age-wayR, we shall haYe 4!l acres ns the har- uor roc.m J'('I]Ulnd to contain alltbocoaJ.lJar~! 8 that '\Tel"!' in C:ncinnati last winter. 

The net ana required to contain 135 flats, Jloats, and misre1lancous craft will be 

270!000 sqrare feet, or 6.2 acres, which incrras('!l by 10 per cent. brcorues 6.8 acres. 'Ih1s added to tho 49 acres pre·donslyfonnd ~ins 55.8 acres as the area required to 

contain ibo water craft. included in our firt1t tablr. 

In get.ting tho area requirell.fo~ str.amboats we may omit. till f('rry-boats, wharf. 

boats, dismantled bullR, and dimmn11Ye steamboats of all kinds, thus reducing the 

number to be prondcll for to 24 steamboats (inc1ndin=: tow-hoats) and 14 modul 

barges._ Each steamboatmny be assumed to require an orca of 12,000 square feet 

and each model barge :111 area of 4,5()0 square feet. For 24 !Iteam boats there would 

therefore be rl'quire(l a nct.arNi-of2&1,C00Rquru·o feet-, or 6.6 a~res; :md for 14model bar~('S a net area of 6,300 11qnaro feet-, or 1.5 ncres; addil1g 10 per cent., n.s before, -we funl tbat~bo steamboats w1ll require 7.:1 acre.'> and tho model barges 1.7 acres. Collecting the areas found abOYc, we haYe: · . h~ 

Area necessary for 623 coal-harges ..•..............•............. -----· .... .. 4!1.0 

Area necessary for 135 fiats, floats, &.c .......... •... .......... ....... .. . ...... 6.8 

Area necessary for 2-1 steamboats .... ·--------·-·------·-----·--............. 7 3 Area necessary for 14 model barges ....................................... _.. 1:7 

This natural ad vantage, and a means furnished ns by Providence "t? regnlate our co.mmerci:ll t~affic and secure to us cheap transportation, can well be illustrated m the statement of one or two incidents 

and facts. Th~ tow~boats Oakland and the Ajax Ilave taken to New 

Orleans safely, m astugle tow, exceeding 20,000 tons of coal; aml the 

steamer J.· B. WiiJi.ams is confidently estimated fully competent (and as stated m the Umted States Report on Internal Commerce andNavi- ~ation) for a tow of 96,000 tons. The latter-named steamer recently 

had a tow of loaded coal-barges for New Orleans which covered a space or area of 10 acres-a cargo which would have freirrhted, as isallerre<1 ~,500 railroad cars. Now, on~ of the finest coal-roads in my own Stat~ 1s tho Columbus and. Hockmg Valley, extending from Athens tn 

Columbus, and followmgupthe Hocking Valley. Its gra-des aro of a character to admit of a thirty-ton engine drawinrr with ease a train Total........................................................... f.i4.8 

of 30 loaded coal-cars, each containing 325 bushe~, or nearly donulo It is thus sh?wn that a watu-surfaco of 6U! arros, orin round nnmbersw acres, 

that which a forty-ton l(lcomotive can draw over the grades of some would be reqmred to accommodate tho winter commerce of Cincinnati. 

of the neighboring railways. But taking this highlv f3.vore{l railroad From these calculations it will be seen that 65 acres of Ilarbor room as to grades, we find here in this single cargo of the J. D. 'Villiams a or warer surfa~e would Lo required to accommodate the winter comtonnage sufficient to make up 50 full freight trains of 30 cars each. merce of Cinninnati alone. • This of co~use is exceptional; but taking the cargoes of the Oakland The mouth of the Little M~ami is one of the points examined and 

and the AJax, refen-ed to, and they would fnrnish la.<lin" for 13 and reported npon. Here a water-surface of 31 acres can be secured at 

16.trains respectively, of 30 cars each; on a first-class railroad, and a an aggregate cost for land, excavation, paving, &c., of $Bl3,983, or 

third lar~er nnmber on the average railways of the country. at tho rate of $26,258 per acre of harbor room. Accordmg to the. report of i~teru~ commerce. and navigation," the Crawfish Creek is the next point named. Here a harbor of 19 

cost of transportation on the nver IS but one mill per ton per mile, or acres would cost $322,600. 

only about one-tenth of the ave~ge cost of the tonnarre movement ·mn, or Taylor's, Dottom aml the month of the Licking River are on the railroads west ·of the Mississippi, and only on;sixth of the also points heretofore examined by order of Congress, and reports 

average ~osp of transportation on the Pennsylvania Railroad." made thereon, as will be seen by Executive Documents Nos. 39 (SenThese mcidents and facts tend to show the immense advantage that ate) an<l 252, (Honse,) Forty-second Congress. A harbor at the }atwater must have ov~r rail transportation for some claSi!es of freights; ter-named point, embracing 9.8 acres of water-surface, would cost 

8!! well as the other Important truth that the rates by river can at all $741,000. t1mes and to a great extent be made t.o determine the rates by rail. Willow Run, another point examined, can be made available for a Hence we conclude that Congress should, by ample appropriations refuge-harbor, embracing 19.3 acres of water•surlaee at an arrgrcrrate 

render the great rivers of the country and their navigable tribntarie~ cost of $615,600, or ai the rate of $31,900 per acre~ ' l:) l:) 

"all they can be madeashighwaysof commerce and competitiveroutes Mill Creek, under a resolution of this House, was aiso e.xamine<l 

against railroad discriminations or railroad embargoes}' with the vi~w of ~ns~rncting a harbor of refuge; Lut the engineer: T~ese facts at;td figures, lli. Speaker, I have ventured to reproduce a!ter .a.fullmvestigation, makes a lengthy report silo wing its imprac- m v1ew of the unportance of the measure involved in the adoption tlcabihty for that purpose. (See House Executive Document No. 34, 

of the resolution. One of the chief drawbacks in the conduct of this of Forty-fourth Congress.) 

great and diversified commerce during a portion of the season is the ?Ieasant Run, ~t ~ poi~t on the Kentucky shore one and a half 

liability to injury an~ destruction of steamers, ~arges, and other wat-er !Diles below the Cmcmnatt Southern Railway bridge, was also exnm- craft, by the tloes of ICe. The losses by such d1sasters along the Ohio med and reporred upon. Here a harbor em bracintt,30.3 acres of waterRiver alone, during the year 1877, are set down at $4,000 000 and for surface can be secured at an aggregate cost of $701,350, or at the rate 

nil the western rivers of ~ourse a much larger sum. Acco~ding to . of $23,147 per acre. the report of Colonel Merrill, recently printed by order of this House 'l'he engineer, in remarking upon the availability and practicability 

during the break-up in January of ]ast year, 8 steam boats were cut of these several points as ice or refuge harbors, adds the following: 

down and sunk an<l several others considerably damaged, out of t.t:.o ~he only sites in this vicinity that are at all practicable are Crawflsll Creek and 

70 that were reported as wintering at Pittsburgh· Willow Run, both of which combinecl would only give a harbor-room of 32.3 ncres . Th t th . · instead of tho 65 acres which our preliminary calculation showed t.o be neces:,~ary o papers a o time reported that 132 barges, flats, anti boat-houses p.sscd for the complete protection of tlie 11hipping of Cincinnati We ma therefore ll~~~~~~~~~~a~~~~ylel~b:v bn 6.15 a. m. nnd 9·tped. m. of,~~~uary 1.4ed. ~min~ day- sum up by st:.ttinfr t.bat. ~ur invesli~tions bavo deYcloped ·tho faot tfiat one half . . a - arges were rtpm ag uw.uj! carr1 ... ong m tho the shlppmo- of Cmcmnati could be sheltered in harbors of rcful!e &t 1\ cost f ~940 

tee yast Rocbc~tc~, a town on the Ohio twenty-six miles below Pittsburg-h. The 000. Tho );cations of these two harbors arc Yer g()()(l C:ra\vti11h ico barb~ f ,-

~11 Ill: bytt~t5o~~~ood to tho Pittsburgh 1:avigation interests was estimated · nntl one-half mile.'> abo,·o tho suspcill!ion bridge,Ywould. bo of con~-cni~nt ac~:P...tt~ n o en " , , · . the boats that frequent tho upper part of the harbor of Cinciunati, anll Willow 
1672 COl~GUESSIONAL RECORD-HOUSE. MARCH 11 

' 

Run, throo-<Juarters of a mile below the suspension bridge, wonld accommodate the 

central and lower parts of the harbor. 

My object, Mr. Speaker, in referring to these several surveys, is not 

to antagonize or even dispara~e any one of them. The two Rites re- ported upon as being available by the engineer would not be more than sufficient for the accommodation aud protection of one-half the 

winter commerce of Cincinnati alone; besides steamboat-men of ripe 

experience and observation in their correspondence with me recently, on this subject, show conclusively ·that such refn~e harbors sboulu 

be constructed for every two hundred miles of utstance along the 

Ohio ancl Mississippi Rivers. These surveys anu es1imates, l10wever, 

do constitute a favorable contrast in every particular-availability, 

capacity, expense, &c.-as compared with the Muskinguru River 

project. The Muskingum River is slack water, a portion of the" public works 

of Ohio," and for over forty years has been somewhat extensively ns~<.l 

as one of its internal channels of commerce. Tb~ five miles of this 

work extendin~ from Marietta, at its confluence with the Ohio, to 

Devoll's dam, IS the portion recommended as being available and 

well adapted for the uses of a harbor for protection of steamers and 

other water craft against the flow of ice in the Ohio. 

The following letter ad<.lressed to me recently by a committee of 

respectable and prominent citizens of Marietta embraces reliable and 

valuable information bearing directly on this question: 

l!ARIETI'A, OHio, January 14, 1878. 

DEAR SIR: Yours requesting items of information appertaining to the "ice harbor" question at this place is at hand. 

First. Average depth of water from Marietta dam to Devoll's dam, seven feet, 

being a distance of five miles. 

Second. Average depth of water for the firHt three miles above Marietta dam is ten feet. 

Third. Depth of water in channel from Ohio River to Marietta dam, being a distance of seven or ei,~rht hundred feet. four feet. 

All the above depths of water are from surface of low water. Fourth. Average width of Mnskingum River, six hundred feet or two hundred 

yards. Len!rth of pool, five miles. 

Number of acres embraced in same, three hundred and sixty-three. 

Fifth: 

Lock. Feet. 

~rftth.~~~~- ~~~::.:·::.: ::::::::::::::::::::::::::::::::::::::::::::::::: 1 ~~ Lift ...•.••.••••••.•.•....•.••••••••••••••. ····~-···-··........................ 11 

Sixth: 

Darn. 

Length (in ,!lood repair) ••••••.•••••.•••....••••••••••••••••••••••.••...•.•• _.. 550 

The Jock 1s not of sufficient length or width to admit of the claas of steamers or tow-boats now navigating the Ohio P..iver. 

• ... ... ... * * * 

William F. Curtis suggests that with our limited spaco between bridge and mouth 

of river, that boats are moored so clo e to each other, that in case of a tire breaking out on any of the boats, all would be consumed, together with tbe bridge, mills, 

&c .• while on this five-mile pool they could be at a safe distance from each other. 

You will please find some ttcms of information accompanying the petition. The 

ice is now running out of the Ohio River. We have eleven steamboats now in our small hru·bor, all safe. 

Yours, truly, 

Ron. N. H. VAN VoRHES, W~llington Oity. 

WILLIAM SMITH, 

JEWETT PALMER, 

IUNRY BEST, 

Committee. 

In answer to the suggestion, and an objection urged by some, that 

the flow of ice coming from above on the :Mnskingnm would be second 

only in danger to that going out of the Ohio, it is stated on reliable 

authority that during the past forty years the ice has come down 

universally on a rise of not less than four to six feet, and in passing over the dams is broken up into such small fragiJlents as to render it 

almost harmless. 

The same gentleman (one who has been connected with river nav- igation for forty years) gives assurance that the mouth of the :Muskingum bas long been considered a favorite winter resort for steamers, and but for lack of space, as matters now stand, would be more ex- tensively used as a harbor of refuge. On the 14th ultimo, as be stateR, 

there were eleven steamers moored in this limited space, liable at all 

times (should they escape the other dangers) to conflagration, and 

at the same time the burning of mills, bridge, and other public aml 

private prqperty valued at nearly half a million of dollars. I am also reminded by the l:!aiDe gentleman of the fact that but a few years 

ago the steamer Caledonia was moored in this harbor, and safely so, 

through the winter, heavily laden with sugar, molasses, rice, and cotton. After the first run of ice in the Ohio she backed out from her 

moorings into the main stream and started to complete her trip from 

New Orleans to Pittsburgh. She had not ascended more than three 

hundred yards whell she was struck by a stray cake of ice, cut down, 

and sunk immediately in front of the wharf at Marietta, causing 

nearly a total loss of boat and cargo, valued at $50,000. 

Now, Mr. Speaker, here is an ice-harbor already available, or can be made so at a comparatively small cost, containing nearly four hundred acres, or of a capacity more than five times that which Colonel 

Merrill estimates as being necessary for the protection and required 

to accommodate the winter commerce of Cincinnati. The "improvement" is owned by the State of Ohio, but under lea.se. Lessees and 

State would doubtless consent to transfer ownership and use to the 

General Government, without cost of a dollar, and with reasonable 

restrictions, limitations, and uses, and all that would b~ necessary to 

render it available would betheenlargementof the lock through the 

dam and the deepening of the channel at the month of the Muskingum, 

which can be easily done by dredgin~, at all times, a distance of not over eight hundred feet and of suffiment depth to admit the passage 

of steamers of heaviest tonnage and draught. To accomplish this re- lease from the State and the lessees, I ba ve no don bt the necessary legis-

} a ion can be secured at an early day and before the close of the present 

session of the General Assembly, if neceBlmry. 

Nothing more need be said. It seems to me so at least. The single 

practical question is, Shall the resolution be passed; the survey an1l 

estimates be made; and the necessary prelimmary steps be taken for 

securing, while we can at so little cost, an object of such vast utility as that petitioned for. 

PROTECTION OF INNOCENT PURCHASERS OF PATENTED ARTICLES. 

Mr. BAKER, of Indiana. Mr. Speaker, on the 29th day of October 

last I introuuced a bill to so modify the existing patent laws as to 

forbid the maintenance of suits against the innocent purchaser of an article for his own use which infringed a patent. 'fhe fact that for 

nearly a hundred years the people of this country have borne tho 

wrong and injustice inflicted upon them by making the innocent user of an article which infringed a patent liable to vexatious and harassing litigation in distant Federal courts gives evidence of their patience 

and forbearance. This is further evidenced by the fact that the ex- isting laws permit the patentee to overpass the manufacturer and 

seller of the infrin~g article and seek his remedy against the innocent user only. This pat.ent monopoly bas grown by its exactions laid 

upon the mat-erial industries of the people until it has assumed a magnituue and importance hardly equaled by the railroad and money 

interests of the country. The most odious features of th& patent 

law have stood upon the statute-book unchanged and almost unchallenged since 18:36. 

How true it is that mankind ~enerally endnre the burdens under 

which they labor with tmcomplaming patience. In reference to patent monopolies this is singularly true. It doubtless arises from the 

people being absorbed in private pursuits to such an extent that 

their burdens must become consideru.ble and operate on large masses before they cballe~ge public attention. Even then they are dispDt~eu 

to submit to the burdens which are laid upon them rather than use the exertion and thought necessary to obtain relief. It generally 

happens that the interests w hicb produce these burdens are controlled 

by a comparatively small portion of society. 

These interests can be readily consolidated to resist any change 

which the people inay seek to effect through adverse legislation. 

Hence, those who profit from the people's burdens always anu ener- getically unite in ]Ueventin~ any change injurious to themselves, 

while the people seldom com bme to obtain relief. The people, unused 

to the arts of legislation, :rely upon the goodness of their cause aml 

the sense of jnslice of the law-makers to procure th~m a redress of 

grievances. These too often prove unequal to the task of obtaining 

relief against powerful monopolies using all the resources of wealth 

and talent at their command. 

Whoever brings forward a measure attacking any monopoly which 

has grown rich and powerful by unjust gains wrung from honest t.oil 

must expect to meet a bitter and unscrupulous opposition. He must 

expect to have his measure subjected to every legal and constitutional objection which can be urged. He must expect to have its justice and expediency assailed. And if he seeks to protect the people 

against some ancient form of legalized extortion he will be held up as an enemy to the sanctity of private rights and social good order. 

Such charges are the convenient refuge of those who have grown rich 

from the sweat of other men's faces. 'fhey hope to secure the aid of the 

conservative forces of society in preventing any change in the existing order of things by the pretense that the desired change is the outbrrowth of a spirit of communism which threatens to assail every 

property right. They know full well how powerful is the sense of 

justice in the public mind. 

They know that if by such a. charge the people can be made to believe that private rights or public faitb would be violated it would 

array the great body of them against the measure; for it can be said 

to the lasting honor of the American people that the great mass of 

them cheerfully bear heavy burdens rather than seek relief from them 

through expedients which might reflect upon their good faith and 

honor. Shrewd, designing men, takin~ advantage of this sentiment, 

have reaped golden harvests from their sweat and toil. The bondholding, railroad, and patent monopolies which lift their giantforms 

in the pathway of human right and popular progress are monumental 

proofs of this truth. 

The bill which I introduced during the extra session does not seek 

to evade the exclusive rights secured to the patentee. Its sole purpose is to protect the innocent purchaser for value from vexations 

litigation in the enjoyment of his property. It proceeds upon the 

theory that the farmer, the mechanic, and the laboring-man who can- not keep pace with the niceties and refinements of patents and pat- ent-laws should not be left to the tender mercies of the patent-right 

agents who swarm over the country and extort money by the threat 

of prosecution in the Federal courts. 

The patent monopoly availing itself of the use of the columns of 

the New York Herald, (which I venture to predict will not publish an answer the:reto,) on the 23d of January, lb'78, makes an attack ou 
1878. CONGRESSIONAL RECORD-HOUSE. 1673 

the principles embodied in my bill. The pith of this attack is em- braced in the following paragraph: 

It woulil appear from Mr. BAKER's bill that some of his constituents havo been 

threatened by lawsuits for using farm implements which infringe certain patents, 

ani! so be introduces a bill which declares that no man shall bo held liable as an infringer for using patented articles bought in the orilinary course of business, 

unless when he bought them he knew tbri.t they infrio~ed the plaintiff's patent. The premium for ignorance and petjury which such a la.w would offer is at least one objection to it. If it wero confined in its scope to protecting the farmers of 

Indiana, no great harm would be done to any except themselves. No one sues in· 

di;idual users except as a last resort, and no paten teo tlies tho experiment twice; 

and tho farmers would be so flooded with notices of patent. claims that they would not dare to buy a plow or a seeder or a reaper. But the bill is not so limited as to persons. Under it the man who buys a paper-bag machine that will flood the mar- ket with paper bags at the rate of one hundred thousand a day will relapse into 

ignorance and consequent security and wealth, and the patentee ww shut np his 

factory. The railroad company will buy spark-arresters, lanterns, brakes, and all 

kinds of fittings, and will keep an intelligently ignorant man for its purchasing 

agent. 

Aside from the implied sneer at the farmers of Indiana these objections do not seem to me to be very formidable. They arrange 

themselves into three groups: First, the passage of the bill would 

be a premium for ignorance and perjury. Secontl, the individual users are not sued except as a last resort, and farmers would be so flooded with notices of patent claims that they woultl not dare to buy a plow or a seeder or a reaper. Third, the manufacturers and railroad companies would pirate valuable inventions so as to deprive the 

patentee of any substantial reward for his time, money, and skill. 

These objections are susceptible of a brief answer. The char~e that 

the passage of the bill would be a premium on ignorance implies that 

the existing law offers such a reward as promotes intelligence. It is 

difficult to soo in w bat way the intelligence of the people is promotecl 

by compelling every man before he buys an implement to know 

whether it infringes some one of tho one hundred and sixty thousand 

existing patents, a number which is being addetl to at tho rate of 

about fifteen thousand a year. This requires a sort of knowledge 

that hardly one man in e''ery hundred thousantl can at.tain. The char~e imputes ignorance because the people do not understand the 

whole system of patent laws and because they do not ascertain, 

when about to purchase some needed implement, whether it infringes some one of the one hundred and sixty thousand existing patents. 

Ignorance of these things is no reproach, nor is the knowledge of 

them possible or desirable to the mass of the peoplo. When yon re- quire the people to take notice at their peril of every patent in exist- ence you impose a duty on them impossible of performanee. 

As to its offering a premium for perjury, it is sufficient to say that 

every new defense provided by law is open to the same objection. 

The inexorable logic of it is that Congress must not provide any legal 

escape from the grasp of the patent monopolists, for if they do the 

people will commit perjury· and thus evade their extortionate demands. This objection would equally require that .the broad fiold 

which relates to innocent purchasers should be obliterated from the 

statute-books and jurisprudence of every State in the Union. Indeed, «~arry the doctrine to its logical issue and it would justify legislation 

forbidding any defense in any case, because the hope of escape through 

such defense would offer a like premium for perjury. I would suggest to patent monopolists that something must be trusted to the honesty and integrity of the people, even though to do so may be unpleasant to them. 

The statement that individual userR are not sued except as a last 

resort is not borne out by the facts. That suits and throats of suits 

against users are almost innumerable is known by every intelligent 

person. It is to gain relief from such suits that t,he people are demanding the passage of some bill embodying the principle for which 

I am contending. And were suits against users so infrequent and of so little consequence as this statement implies, wo should not hear 

the voice of the patent men raised over the land denouncing the proposed legislation. Whether the farmers would be so flooded with 

notices of patent claims that they would not dare to lmy a plow or a seeder or a reaper if the pending measure should become a law, I do • not know. I have no doubt .that the patent owners would resort to 

every possible expedient to defeat the beneficial effects of the proposed legislat.ion. 

If the bill should becbme a law and it was found that it did 11ot 

sufficiently protect the people against patent claims I trust there may be those in Congress who will feel it a duty to so amend and enlarge 

the operation of the law as to secure relief from the wrongs sought to 

be redressed. I believe the bill is a step in the right direction. I do 

not profess to believe it is all that is required. I am not so pre. 

sumptuous as to insist that it should pass in the exact form presentoo 

if any defect is pointed out. It embodies an idea., a principle which 

I desire to see imbedded in the la.w. Whether it is my bill or some equivalent bill coming from the Committee on Pat.ents is not important. If the patent monopoly fears that the farmers will be flooded 

by notices of patent claitus it would not be difficult to prevent their 

being injured thereby by providing that the receipts of such notices 

should not be evidence of knowled~e. But after all it seems to me the farmers would rather bear the mfliction of such notices than be 

subjected to extortion and litigation without notice, as they now are. If manufacturers and railroad companies under such a law would 

pirate valuable inventions so as to deprive the patentees of any substantial reward for their timo, money, and skill, in producing their 

inventions, let the bill be am.endecl so that it shall not permit this to 

be done. This can easily be accomplished. But just bow the man who buys a paper-bag machine can, under this bill, secure wealth by 

using the machine in the manufacture of paper bags w bile the patentee 

will have to close his factory is not apparent. Why the one shoulfl 

become rich and the other, who already has a factory and an established 

trade, should be compelled to close his business-is one of those curi- ous problems which no one but a patent monopolist can explain. All 

these objections, however, go to mere matters of detail. They simply 

suggest instances in which the bill might produce injury because it 

would permit all other monopolies to use infringed articles. These aro objections which can be remedied if they really exist. I do not propose to limit the discussion to mere technicalities. The questions 

great and important underlying this discussion are whether the patent interest reaps such gains from the industry of the people as that 

it would be proper to diminish them; whether the farmer, mechanic, 

and laboring-men suffer from their liability to extortion and litiga.-

tion as innocent nsers of implements infringing patents, so that they 

ought to have relief, and whether the Congress have the constitutional power to grant the relief which is asked. 

It is urged by the friends of patent monopolies that modern civilization owes most of its great achievements to inventive talent stimulated by the bopa of gain from the exclusive right to inventions being 

secured to their inventors. I readily admit that the invent.ive geuius 

of the last hundred years has been largely instrumental in revolutionizing the industries, arts, and sciences of all countries. 1'he introduction of the products of invention has added immeasurably to the 

elevation of the people in wealth, culture, refinement, and happi- ness. It bas literally given us a new heaven and a new earth. The 

talent which gives os new and useful inventions, which so links 

thought to mateTial forms as to make them perform the work of man in the battle of life, deserves recognition and reward. I woulU not 

deny it either. But to grant to patent monopolists immunity to practice extortions, without let or hinderance as they now do, is intolerable. 

The offspring of mental labor is in a certain sense the property of 

its author. Not however in the lar~e sense that wheat or corn or other material products belong to the1r producers. The latter are the 

subjects of absolute property; no other man can appropriate them 

without at the same time depriving their producers of them. Such 

appropriation results in taking something visible and tangible from 

the dominion of its producer and transferring it to another. This is 

forbidden in every human society, however rude. Actual possession 

of visible, tangible property was recognized and respected iu the earliest stages of human society. This was not so of inventions or discoveries. The men who invented the primitive implements of agriculture, of mechanic arts, of navigation, of commerce, and of war- fare undoubtedly found a ready recognition of their rights to the n(\\V 

implement which they had produced. But neither they nor their 

neighbors thought that they had any right. to prevent others from 

copying their invent.ions and making similar implemeuts. 

'fhe idea of a special property in discove1·ies i~ the outgrowth of~\ 

higher and more artificial state of society. It is doubtless a just a n<l 

proper idea. But as it is the outgrowth of civilized society the man- ner and extent of protection extended to this species of property 

should be made conformable to the welfare and good order of sociot.r. 

Property in a di~:~covery ought not to be placecl upon the samo fouod.-

ation as the material products of human labor. Tlle posse.s8ion of 

tangible property can be guarded by its owner in tho absence oi law. 

The existence of such property rights is older 1hau constitution~:! or law, and arises from the unwritten law of naturo. The idea of property in what we have the actual possession of springs up nnbid.dcu 

in the human mind. Constitutions an<l laws simply provide sa.fe- ~ards to protect it against inva-sion. Not so with discoveries. There IB no property in them until legislation recognizes and protects them as such. Recognizing this distinction the Federal Constitution provides thatThe Congress shall have power to promote the progress of science and useful 

arts, by seeming for limited times to authors and inventors the exclusive right to their respective writings and discoveries. 

Acting on this grant of power the Congress have passed a system 

of laws providing for the issuing of patent-s to inventors to secure to 

them the exolnsive right to their respective discoveries. The extent 

and character of the legislation for carrying out this provision oi the 

Constitution are addressed to the sound discretion of Congress. Tbe 

propriety of enacting a law to protect the user of an article who has 

purchased it in good faith and for a valuable consideration from li tigation for infringement of a patent depends upon several considerations. One important consideration is whether the profits realized 

from patent monopolies are such as would make it just or expedient 

to change the existing laws so as probably to diminish them. It is 

claimed, and at present I will not controvert its correctness, that 

such a law as is proposed would to a certain extent diminiall the 

profits realized from patents. I do not believe that it would work 

any great diminution of profits arising therefrom. 

Assuming that it would to a material extent diminish the profits 

arising from this species· of property, the question arises whether it 

would be likely to do so to an injurious extent. I think this cau hardly be claimed. The profits arising :from investments in f:lrming 

do not exceed from 4 to 6 per cent. Etght per cent. is ruoro than the 

average profits realized upon the loan of money. A profit of from 20 

to 25 per cent. on the capita.! invested would, I presume, l>o as high 
1674 CONGRESSIONAL RECORD-HOUSE. MARCil 11, 

an average as is realized on most of the mechanical, manufacturing, 

and mercantile pursuits which are not protected by a patent or other 

monopoly. These are rates of profit higher, I believe, than are realized by the great mass of the people. Let us contraat with t.bese 

profits those realized from some of the leading manufactures protected by patents. The difference is so great as to arrest attention 

and demonstrat~ that the patent laws create one of the most grinding monopolies ever devised to enrich the few at the expense of the 

many. I shall reff'.r to only a few of the leading industries which are engaged in the manufacture of patented goods. I refer those who 

desire to prosecute a more minute inquiry to the census of 18i0, from 

which I have drawn the figures which I use to-day. I regret that no later data is accessible, as I venture the prediction that the condition 

in 1877 would be found more favorable to patent monopolies than it was in 1870. 

The amount of capital employed in t.he manufacture of pumps and 

drive-wells was $1,755,894 ; the amount paid out for wages was $663,-

594 ; the amount expended for materials was $970,547 ; the value of 

the manufactured products was 2,818,4[,7; the profi~ was 68 per cent.; an enormous tax to be levied on the means of obtaining that life and 

health giving beverage, pure cold water. It is still cheaper, say the 

patent monopolists, for the farmer and laboring-man than the old 

methods of procuring it. Grant it, if you please, and what then f 

Why simply that the toilers whose brawny arms have eubdned a con- tinent must pay for a patented article not what it is worth at a fair 

profit, but the last farthing which can ~e wrung from their necessities. This is the code of morals of the b1ghwayman, but it can hardly 

claim place in the code of business morality of an enlightened Christian 

nation. 

The amount of capital eml_>!oyed in the manufacture of agricultural 

tools and implements was $34,834,600; the amount paid for wages was 12,151,504; the amount expended for materials was $21,473,925; 

the value of the manufactured prod.ncts was $52,066,875; the profits were 52 per cent. After paying insurance, interest, commissions on s.·l.les, and other expenses of selling the manufactured ,zoods, the profits cannot be much if any below 40 per cent. Wbeo the farmer buys a drill, mower, reaper, or other implt>ment needecl to carry· on his 

agricultural pursuits, ho has the satitrlaction of knowing that patent 

monopolists only exact about forty dollars on each one hundred be 

pays as a royalty on t,he invention! Doubtless he ought to be grateful that the tribute demanded is not greater. To listen to the Pecksniffian cant of patent monopolists and their apologists one would 

think the owners of patents were greatly wronged because they can- not extort a larger tribute from the toilers on land and sea. · The amount of capital employed in the manufacture of sewing 

machines and fixtures was $8,759,431; the amount paid out for wages was $5,142,248; the amount expended for mat~rials was $3,055,7!36; 

the value of the manuf~ctured products was $14,o<J7,446. The profit was 67 per cent. This one industry has year by year taken more than 

$8,000,000 beyond a fair reasonable profit out of the people of the 

country. The poor sewing-girls and the widowed mothers with helpless children dependent upon them bavl3 been compelled to pay out 

of their scanty earn in~ a profit of 67 per cent. to the sewing-machine 

monopolists on the machines with which they have kept gaunt-visaged hunger from their doors. These grinding extortions should give 

such voice to the cry of the poor oppressed sewing girls and women that it would vex the ear of outraged Heaven. 

The amount of capital employed in the manufacture of pianOB 

and materials was $6,019,311 ; the amount paid out for wages was 

$3,071,39"2; the amount expended for materials was 2,924,777; the 

value of the manufactured products was $8,329,594. The profit was 39 per cent. 

The amount of c.<tpital employed in the manufacture of organs 

and materials was 1,775,850; the amount paid out for wages was 1,139,780; the amount expended for material was $'743,351; the value 

of the manufactured prod.ucts was $2,960,165; the profit was 61 per 

cent. Music must have charms indeed to justify a profit of from 39 

to 61 per cent. on pianos and organs. Better by far- • Go up and down and throngh the middle 

To the tune of flute and fiddle. 

than pay such" a tribute to enjoy the pleasures of music with "all the 

moclern improvements." The amount of capital employed in tho m::mnfactnre of rubber and 

elastic goods waa 7,486,600; the amount paid out for wages was 2,559,8i7 ; the amount expended for materials was $7 ,434,i 42; the 

value of the manufactured products was $14,566,370; the profit was 59 per cent. 

The amount of capital employed in the manufacture of patent 

medicines and compounds was 6,667,684 ; the amount paid out for 

wnges was 1,017,795; the amount expended for materials was $7,319,-

752; the value of the manufactured products was $16,257,.720; the 

profit was 118 per cent. 

The total amount of capital employed in the seven industries above 

s-pecined was $67,299,:370; the amount of wages paid out in carrying 

them on was $35,746,190; the value of the materials consumed was $43,922,880; the value of the manufactured products in these seven industries was 111,096,627; the average profit on the whole was over 48percent. The pN.sent age'~gateamountof patented articles annu- ally soltl is not less than ~vo,ooo,ooo. Assuming that the annual 

profit on the whole is equal to that on the seven clQsses of patented 

goods above specified, namely 48 per cent., we have the sum of $240,-

000,000 annually paid as profits to the owners of patent monopolies. 

Placing the population at forty-five millions the annual sum of $5.33 

is required from every man, woman, and child in the land to make 

the $240,000,000 paid as profit on patented manufactures. If 20 per 

cent. is taken as a fair profit on these goods, (and it would be if 

their manufacture was open to free competition,) we have the enor- mous sum of 28 per cent. on all patented good.s actually taken from 

the people in excess of a reasonable profit. 

This amounts to not less than $140,000,000 annually wrung from 

the hard-earned gains of the people and given as au absolute gratuity 

to the patent monopolists. No wonder that the Howes, the Singers, 

the Colts, and scores of other patent monopolists have accumulated 

their millions: The people pay them an annual tribute greater than 

the interest on our war debt. And yet we bear it said that our patent 

laws are not liberal enough and that the bill which I have introduced would so diminish the profits of patent monopolies as to discourage future inventione. In the light of these facts how frivolous are such predictions ! I believe the better way for inventors is to 

favor such changes in the patent laws as will, while it gives them a fair return for their time, money, and talent, at the same time so 

cheapen and popularize their inventions as to make it to the interest 

of larger numbers of people to purchase and use them. Nothing less 

will satisfy the just and reasonable demands of the people. If the 

patent monopolists do not desire to see the whole system swept out 

of existence by an outraged people, they must consent to just and 

reasonable changes in the present burdensome and vexatious system 

of patent laws. 

I think I have shown that the profits of the patent monopolists are so great that it would be no injustice to change the law so as largely 

to reduce them in the interest of 1be people. I next wish to inquire 

whether there is need of relief in 1he matter covered by the bill which 

I had the honor to introduce on the 29th of October last. That bill 

JUoceeds upon t.be idea that where a. person buys any implemrnt, tool, or aevice in good. faith to be used by himself or his employe in igno- rance that it infringes a patent he shalJ not be harassed with suits in 

the Federal courts for using it. The existing Jaw authorizes suits to 

be brought against any person wbg uses an implement, tool, or device 

which infringes a patent. It provides 1hat whenever in such action a verdict is rendered for the plaintiff' the court may enter judgment 

thereon for any sum above the nmoontfoond by the verdict as the actual 

damages sustained, not exceeding three times the amount of such ver- dict, together wit.h costs. These suits may be brought af; any limo 

and for any amount in the Federal conrts. There is no statute of 

limitations fixing tbe time within which actions may be brought. It 

matters not how trifling is the injury complained of the owner of a patent cn.n sne in the }'ederal courts. · In this manner every citizen who purchases all article in the mar- ket runs the risk of being sued for using something which infringes a patent at the distance of even twenty years after the time he purchased it. Thus in the interest of this monopoly tha-t wise .maxim 

of the Jaw, that it is to the interest of the State that t.here shall be an end to litigation, is reversed. If the law was only used in goo(l 

faith for protecting patent-rights which are being actoalls iniriugeu, 

it would operate harshly enough. But it offers one of the most tem)lting fields for swindling and extortion. I do not charge that it was enacted for the benefit of patent-right sharpers and swindlers, but I 

do drclare that if they had bad the making of the law they could 

not have framed one better suited to further their iniquitous purposes. 

The facts that the Federal courts in which alono such cases can be 

brought are generally remote from the people who are threatened 

with suits; that they have but little familiarity with those courts; 

that the expense of litigation is great, and that but few of them can afford to litigate against patent-right claims, all condnco to 

render this a species of swindling and extortion at once caay, safe, 

and profitable. Tbe dentists of the country have been harassed 

with numberless snits to compel them to boy their peace by paying 

extortionate royalties for the use of vulcanized-rubber plates in their • practice. By these snits hundreds of dentists llavo been seriously 

injured if not ruinetl, and nearly all have been driven to submit to 

the bard terms demanded of them. But the farming and laboring 

classes have been the greatest sufferers. A few on t of the many forms 

of wrong 3tnd injnstice practiced upon them by this monopoly is all 

I shall take time to specify. Men who have purchased clover-hulling 

machines in good faith and in ignorance that the use of their ma- chines infringed-any patent have been compelled to purohase peace 

by paying a royalty of 100 on each machine. A single firm in my 

own State has already compelled more than two hundred laboring- men who have purchased clover-hullers of rival manufacturers, and 

who can illy afford to spare the mony to do so, to pay a royalty of 

100 each or be prevented from using t.heir machines. 

Thousands of farmers, mechanics, and laboring-men, who have purchased and are using drive-wells, have been compelled to pay a roy- alty of $10 each to avoid expensive litigation in distant Federal courts. 

A large number of tools and implements in common use among the 

people is claimed to infringe some rival patent. These tools and implements are sold in open market and are· actually neetled to carry on the business industries of the country. Hardly a man but sooner or later purchases some article on which a royalty is claimed. The 

rich and powerful are not the ones who suffer. Tho farmers, mecban-
1878. CONGRESSIONAL RECORD-HOUSE. 1675 

ics, and laboring-men who dread litigation and cannot well afford its 

expenses are selected as the victims. There are hundreds of snob cases in my own district, where the owners of patent rights are ex- torting money from the people by the threat of suing them 38 infring- ers of their patents in using some implement which they have innocently bought. Such cases are more or less frequent all over the 

country. Generally they purchase security by paying to these extortioners the amount exacted. To deny the people relief against such 

extortion and outrage is a moc-kery of justice. To put such a con- struction on the Constitution as would forbid onr granting them re- lief, is to convert that instrument, which was framed "in order to 

establish justice and promote the general welfare," into an engine of 

oppression. Every interest of the people and every sentiment of 

just.ioe demand a. remedy for such flagrant wrong. Gentlemen may 

push this subject aside a.s unMserving attention, because only the 

toiling millions are interested in it, but rest assured that, like "Banquo's ghost, it will not down." 

But it is said that the Congress have no rightful power under the 

Constitution to pass a law forbidding the maintenance of a. snit 

against the user of an article which he has purchased for his own use in ignorance that it infringed a patent. If this is so the people can only hope for relief through a. change of the Conatitution or the Supremo Court. Such a construction of the Constitution, placing, as it 

woultl, the dearest rights of the people at the mercy of pa.t.ent mo- nopolies, ought not to l>e adopted if it can be avoided. I do not believe 

such a construction a true one. Every doubt in constitutional con- struction should be resolved in the interest of the people, to promote 

whose welfare and happiness it was established. 

The Constitution contains a grant of power authorizing the Con- ~ess to do a. particular act., namely, to secure for a limited time to 

mventors the exclusive right to their discoveries. It is in terms permissive. Congress may withhold all legislation to carry out the grant 

of power. No power exists to compel legislation on this subject. It 

rests in the sound discretion of the Congress. If the people can obtain 

relief in no other Nay they may be driven as a last resort to abolish 

t.he whole system of patent laws to escape the exactions of these mo- nopolies. Such radical rem&ly ought not and will not be sought if _any 

other avenue of escape from these burdens can be found. I bcl!oye 

the principle embodied in my bill goes far to relieve the people from one of the most odious and burdensome provisions of the existing 

law. 

The constitutional provision on this snbject embraces two propositions: First, the right is to be secured for a limited time only. The 

length of this limit \s purposely left unditermined. The Congress 

may fix this limit according to its own judgment of public and private interest. There can be no question as to the constitutional 

power of the Congress to limit the time to a very short period, much 

shorter than exists under the present law. The second proposition, 

and the one which chiefly concerns this discussion, is that the Con- ~ress may secure to inventors ''the exclusive right to their discoverIes." It cannot be doubted that whenever the Congress legislate on the subject of granting a patent the law may recognize the exclusive 

right of the inventor in his discovery for a limited time. The constitutional provision specifies thelimitof power beyond which the Congress may not go. They may proceed no further than to secure the 

exclusive right for a. li'llited time. Congress may certainly adopt 

anything less than an exclusive monopoly for a limited time. They 

cannot give an exclusive monopoly for an unlimited time, bnt they can give anything less than an exclusive privilege. To deny this 

construction wonlil involve the absurdity that Congress mnst exert; 

the whole of its constitutional power in favor of a. monopoly. The 

Constitution simply fixes bounds for the protection of the people beyond which the Congress cannot proceed in the interest of patent 

monopolies. This is a proposition that appears plain upon the statement of it. . I proceed now to consider the power of Congress over patents 

issued nuder existing laws, which secure an exclusive right to the 

inventors. The question at once arises, what is meant by'' securing 

the exclusive right to a discovery!" No one can claim that it means more than to make property for a limited time in the discovery. It 

gives an ownership in the discovery-makes it a property right to 

which the inventor is entitled to the exclusive enjoyment for a limited 

time. Tho claim that this species of propert.y when once created is 

above the law and beyond control is wholly unfounded. The ri~ht 

of property is secured, but the remedies for the protection of that 

right are always subject to legislative control The court for the 

correction of errors in the case of Livingston against Van Ingen, in 

the ninth volume of Johnson's New York reports, at page 528: says: 

By granting a patent Congress pves the exclusive ri:rht of property in tbo invention or <liscovery; but not an nnlimited and uncontrollable power to use th:l.t ri~ht. 

A mere nakE'.d right of property {such aR ~patent right is J docs not imply unlinuted 

power of using it. Its use must be subject to laws and under logislative control 

Here is the true distinction. The right to the discovery or invention is exclusive. It is, however, a mere naked ri~ht. The remedy 

for an invasion of that "naked right" is "subject to laws and under 

legislative control." The power of Congress over the remedy is limited solely by a. sound discretion. 

Tbe Supreme Court of the United States, iu the case of McClurg tB. Kingsland, reported in the first volume of Howard's Reports, at 

page 206, says: -

Tho power of Congress to legislate upon the subject of patents is plen y by the 

t-erms of the Constitution, and as there are no restrictions on its exercise, tberocan 

be no limilation of their right to modify them at their pleasure, so that thoy do not t-ake away tho right of property in existing patents. 

The sole limitation on constitutional power recognized by the Supreme Court is that Congress cannot" take away the rights of property in existing patents.' No one contends that Congress can take 

the right of one man secured by a patent and transfer it to another. 

The pending measure contemplates no such purpose. The power of 

Cong_ress over the remedy for an infringement of the right of property m existing patents is in the terms of the foregoing judgment 

"plenary, and Con~ess may modify it at pleasure." This conclusion 

is inevitable from tne foregoing doctrine, unless it can be maintained 

that the "right of property in a patent" is tho same thing as the 

remedy for t.he protection of that right. This claim would confound common law and common sense alike. The right, title, or ownership 

of tangible or intangible property is so clearly distinct from the rem- edy afforded by the law to protect that right or title that even the 

most illiterate cannot fail to recognize the distinction. 

The right of property may exist without any law for its protection. It would doubtless be less secure and less valuable than under a system of laws providing adequate remedies for protecting it. 

Whether the title to property arises from the law of nature or from 

the written or unwritten law of civil society is of no moment. In 

either case the distinction between the right and the remedy is equally 

clear. This distinction is rlearly recognized in the extract cited from 

the opinion of the Supreme Court of the United States. If the patentright and the remedy for the infringement of it aro the same, them 

the statement that the "power of Congress upon the subject of patents is plenary" and that "there are no limitations of their right to 

modify them at their pleasure so that they do not take away the 

right of property in existin~ patents" is wholly unmeanin~. What 

is it that Congress can modify at pleasure! What is it tnat Congress have plenary power over f "The subject of patents." The 

only thing on the subject of patents which CongreSR may not do is to 

"take away the right in existing patents." Remedies for the protection of these rights Congress may modify according to their sense of 

policy and justice. This principle is equally well settled by the general judgment of the most approved writer& on constitnlional la.'""· 

Judge Cooley, in his masterly work on Constitutional Limitations 

says: 

The ri~ht to a particular remedy is not a vested ri~rht. This is tho ~renernl rnlo; 

and the exceptions are those peculiar cases in which tho remedy is a part of the 

right. 

The cases in which the remedy is a. pa.rt of the right are declared 

to he peculiar and exceptional cases. There is no grouncl for maiutaining that patent rights do not fall within tbo general rule tbat 

there is no vested right in a. remedy. Nor is thero any foundation 

for the objection · that the propose(l act is unconstitutional because 

retrospective. The Congress are not prohibited by the Constitution 

from passing retrospective laws. The prohibition of the Constit.nt ion 

is limited to bills of attainder and ex post facto laws. Ex post facto 

Jaws relate.to crimes and criminal proceedings. Tho framers of the 

Constitution purposely omitted any prohibition of retrospective laws 

affecting ch'il rights and remedies. 

Thoro is no donbtSays Judge Cooley in the work before referred to- • 

of the ri~ht of the Legislature to pa.ss statutes which reach back to nnd ch:m~o or modiiy the effect of prior transactions, prontlml retrospect ivo laws are not forhi1l· 

den co nomine, by the State constitution, and provided further tl.tat no otthcr objection exists to them than their retrospective character. 

l'h~ supreme court of Pennsylva11ia have decided that: 

The Legi11laturei provided it does not liolate the constitutional provision, may 

pass retrospecli'\"e aws such as in their operation may affect suits pcniliug aml 

gi'\"e a party a remody which he did not previouly possess or modify an extsting remedy. 

These citations are sufficient to establish the rightful power of Congress to change or modify the existing remedies of the patentee for an infringment of his right. On principle it would seem as though 

there ought not to be any debate as to this power in Congress. What 

is it that is proposed! Nothing whatever but to limit within rea- sonable bounds the remedy for the infrigement oft he right o! the patentee. Let us consider for a moment the parties liable to an action 

for infringment under the exist-ing law. These are the manufacturer, 

the seller, and the user of the infringing article. The party who is 

the primary wrong-doer is ho who manufactures an article which infringes a. patent. He it is who first and directly violates the right of 

the patentee. The seller of the infringing article is genern1ly in the 

second degree removed. The user, if at all a wrong-doer, is such in 

the third degree. If the user purchases for his own use an article in 

ignorance that it infringes another's right how can it be claimed that 

tho patentee is wronged so long as he may prosecute his remedy a~ainst 

the manufacturer, the seller, and the user with knowledge t While _ the patentee has a remedy against several parties under existing Jaw 

which he can prosecute against each separately, he is entitled to but one satisfaction for his damages. He cannot claim that his remedy, 

being taken away as against the innocent user, is rendered so ineffective as to take away or impair his right. He has still a full and ample 

remedy left against those who have most directly invaded his rigbt. 

It is elementary that Congress may change, modify, or alter the rem- e<ly so long as they leave a substantial and adequate remedy for the 

injury complained of. That the remedy is more difficult to obtain 
1676 CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

and is not so complete as the one which existed when the cause of 

action arose is no objection to the law. 

The wrong of the user is not direct like that of the manufacturer. 

It is remot.e and consequential. A law which placeA such a user where be may be sued in the firat instance and compelled to pay threefold damages without any recourse back on the manufacturer and 

seller is alike destitute of justice or honesty. The law presents a strong inducement for the owner of a patent-right to stand by and 

permit his patent to be infringed by manufacturers and sellers. By 

permitting this to be done and overpassing the manufacturer and 

seller and suing the user he can reap a rich harvest of gain from 

those who have innocently fallen into his power. He need only lay 

by until large numbers of implements covered by his patent are in 

the bands of the people. In truth, it is a temptation to the owner of a patent to withhold all attempts to prevent the manufacturer and 

seller from infringing his rights. They are only too often valuable 

allies aiding him to get into the hands of thousands of innocent 

people implements infringing his patent. This done the owners of 

the patent passing the manufacturer and seller proceeds at his leisure 

to levy tribute from the innocent purchasers by ordering them to 

stand and deliver or be baled to distant Federal courts. These extortions, under the name of royalty, are measured only by conscienceless 

greed on the part ·of the monopolists and fear on the part of their 

victims. Such a power to extort from people's neceRSities is fitly 

designated by the odious name of royalty. It is the essence of arbitrary despotic power and is hateful to the robust liberty and equality 

of rights reco~nized in a free government. 

Such a law IS a fraud upon the honest and a snare to the unwary. 

It is valuable only for the purposes of legalized extortion from honest toil. It is not at all needful to protect the just rights of the patentee. This legalized crime against the toiling millions of the land 

bas rested upon them for years with crushi.ug weight. The people 

have, in various forms, paid more to pat.ent monopolists than the 

amount of the war debt of the nation. Bold, greedy, arrogant, and 

unscrupulous, these vampires who have gorged and fattened on the 

very life-blood of the nation confront the people struggling for relief 

in these Halls consecrated to justice and to the vindication of human 

rights. They shield themselves behind the plea which has been the 

ready refuge in all ages of those who have wrested by force or fraud 

from the people their inalienable rights, and have despoiled honest 

ln,bor of its just rewards. The possessors of kingly and aristocratic 

power, the possessors of special rights and privileges robbed from the 

people, have in all countries and times denounced every effort to re- store to the people their inalienable God-given rights as a violation 

of good faith and a menace to social order and private rights. 

Ane1ent wrong, grown great and insolent in wealth and power, 

blinded to t.be rights and interests of a common humanity, and 

intrenched behind laws and institutions cunningly devised to perpetuate it, has never voluntarily yielded to mankind that most invaluable of human rights, the right to enjoy the fruits of its toil. The 

people are becoming aroused to the vindication of their rights. They are determined that that justice which is measured by an equality of 

rights and burdens shall no longer be denied them. They ask nothing 

more, they will accept nothing less. Happy will it be for the mo- nopolists of all sorts" who reap where they have not sown" and ''eat 

their bread.. in the sweat of other men's faces " .if at length, p13netrated by the sentiments of _justice and humanity, they yield to the 

people their jnst and inalienable rights. 

TARIFF AND TAXATIOY-~COME TAX. 

:Mr. DIBRELL. Mr. Speaker, the financial distress that now pervades our whole country makes it necessary that we shou1d look well 

to all the sources from which we derive our revenue as well as to how we expend it; and this is my excuse for what I have to say upon 

that subject. 

The great burdens of this Gonrnment are in the main borne by the 

laboring class of this country. All taxes levied and collected for the 

support and maintenance of the Government affect, either directly or indirectly, the laborers and agricultnral interests of the country; 

and I ~y frankly in the outset, without the fear of successful con- tradicticln, that no people comprising any part of this great Republic 

receive so small a share of the legislation or the benefits of the legislation of these United States than do those of our citizens engaged in 

the a15ricultural pursuits of life. They are taxed and burdened with 

taxation upon every hand; they may complain, but their complaints are unheeded. I being one of that class, and one of less than twenty 

in 1 his House engaged in agriculture, I know whereof I speak. While 

the politicians in their canvasses make great professions of love for · the dear people, experience has proven that these professions are soon forgotten, and that for the last twelve years the legislation of 

this country has been in the main in the interest of capital as against 

fauor, having a tendency to make the rich richer and the poor poorer. They have to a great extent succeeded in this by deceit and decep- tion. They have bJinded the northern and western people by con- stantly waving the "bloody shirt" in an effort to keep up sectional 

strife until they have succeeded in fastening upon the country a code 

of laws in reg-ard to the finances of the country that are actually 

bankrupting the entire country, save those fortunate capitalists who 

in flush times by shoddy contracts and otherwise secured an ample 

supply of bonds that now in these hard times with the great shrin.kage in values have more than trebled in value. 

While members of Congress from the North and West were thus 

legislating in the interest of capital, fastening· these unjust and 

oppressive laws upon the country, a majority of the members from the 

South were men elected not as of choice of the people, but as the 

cbcice under the circumstances, and who were only too willing to act 

and follow after their masters and accept anything that was offered 

them or their section-even the crumbs from therr masters' tables. 

They were not representative men, many of them were adventurers 

and place-hunters who really had no sympathy for the masses of the 

people they pretended to represent. These things have now changed. 

After a patient struggle things at the Sonth have righted themselves, 

and that section now has her representative men here to battle not 

only for her rights and the rights of her people but for the rights of the 

whole country with all its people. This is our common country, and a member of Congress who cannot rise above sectional or local interests 

alld legislate for the good of our common country and all our people 

is unworthy of a seat on this floor, and should return the sacred trust 

confided to his keeping to his constituents. Then when the necessities of the country are so plainly visible, and the great distress of the 

country as so vividly shown to this House by many gentlemen in the 

recent discussion of the currency question, it becomes us as statesmen 

and as patriots to lay a-side all personal, political, and sectional interests and come boldly to the relief of our common country and strive as one man to redeem the country from the impending danger of 

everlastin'> bankruptcy. This h~ my desire, and this should certainly 

be the desll'6 of all members of Congress who have the interest aud 

welfare of their countrymen at heart. 

All occupations, including the manufacturer and corporation, in 

this country seem t.o have combined their interests against the agricultural and laboring interests of the country, when in fact they depend in the main, as does all our people, upon the a~ricultnral an<l 

laboring interests of the country, and instead of combming and seeking to bear down and oppress this class of their fellow-citizens, they 

should seek to strengthen and build them up. 

The railroad companies have their emissaries and agents scattered 

all over the country with their flatterinl! description of western lands 

and cheap rates of travel, to induce the honest and unsuspecting 

farmer and laborer to sell out and emigrate west, in order that they 

may make a "spec." in transporting him and his family to the great 

west, and when they have got his money they are contented if the 

emigrant and his family all starve. And so with many professional men and corporations, all acting in the interest of self, regardless of 

what is right or wrong. 

And last, but not least by any means, comes the manufacturer with 

honeyed words and sweet accents, saying to the farmer that "We mnst 

have protection to enable ns to make you cheap goods." And to Congress they cry aloud, that they must have protection by law topreveut 

foreign competition in the manufacture of goods that our own people 

want; that Conbrress must keep a high protective tariff to protect 

the interest of our manufacturers and compel the farmers, laboring 

men, and consumers of this country to pay them such profits as the.v 

may demand. They say without this protective tariff they cannot 

prosper. What do they care for the consumers of their suppliesf If 

they make a handsome profit all is well, and it matters not to them 

how much they extort from their patrons, the consumers. Congress grants the protection asked for, the mannfacturer increases 

his prices to the extent of the protection afforded, and the consumer is bound to pay it. He has no alternative. Onr laws forbid the purchase of goods where you can buy cheapest, but they say "Yon shall 

pay tribute to t.heAmerican manufacturer," or if you buy foreign goods 

at.less price they make yon pay more in dnty than it would cost you 

to buy your goods from our own factories at once, and by this means Congress has been protecting great monopolies at the expense of the ma-sses. Why is it that after a national existence of over one hundred years 

American manufactures, American skill and labor, and American · interests cannot successfully meet and cope with like industries in 

the whole world f We have the skill, the genius, the talent., and' the 

enterprise; then why do we need protection t Is it because our peo• 

ple are afraid to meet like skill and enterprise of foreign countries on equal terms T Or is it because onr capitalists engaged in manu- facturing are grasping for too much power, and are seeking to make 

their overgrown fortunes in too short a timeT My observations lead me to believe that our great manufacturing interests have been so thoroughly protected and cared for by the l~gislation of the country 

that they, with another class I shall mention hereafter, think they 

have a right to control the legislation of the country in their own interests, and if this is to be done, then the truth is fully illustrated 

that the legislation does tend to make the rich richer and the poor 

poorer. There is no wealth in trade except where the producer can supply the consumer cheaper than he can supply himself; and every- one knows with the small volume of currency in circulation much 

the greater part of our trade is done by an exchange of products, or, as we call it in the country, a system of barter; for our annual trade 

among our people reaches many thousand millions of dollars annu- ally, with a cash circulation of about five or six hundred millions, 

and our high protective tariff effectually shuts us up and compels us to a great extent to tmde only among ourselves. We cannot ship our products to foreign markets and exchange them for such goous as we want, because on our return we are mot by this high protective 

tariff t.fat will take all the profit we have madu on onr gooU.s sold in 
1878. CONGRESSIONAL RECORD-HOUSE. 1677 

a foreign market. Hence our people, the consnmers, pay annually to our own manufacturers many millions of dollars by way of protection, and by being thus shut in and prevented from exchanging prodllcts with other countries we are forced to trade among ourselves by 

this exchange system, at jnst such prices as may be forced upon us by monopolies, .when, if we were allowed to trade where we wanted, 

and by exchanging our products for the commerce of other countries 

'wit.bout hinderance, onr people would snve annually many millions of 

dollars. 

Take for instance the island of Cuba: we want her sugar and she 

iWants our flour, but we tax her sugar a.a high as 70 per cent., and she 

in turn taxeR our flour $5.40 per barrel. If we could exchange prodnets with Cuba, without the intervention of a tariff duty, our farm- ers wonld buy Cuba sugars at five to six cents per pound instead of 

ten to twelve cents paiu now, and would pay for it in our flour at 

remunerative prices. But our high protective tariff denies us this 

privilege, and forces ns to pay the cash for our sugar over and above our small exports to that island, amounting annnaJly to about 

$55,000,000, and we are thus forct-.d into the power of monopolists. 

It cannot be said that we cannot afford to open our ports to the world, 

and that to take our protection off would cripple our indnstries. Upon 

the contrary, experience bas proven that m 1876, after we took the 

tariff off of coffee and hides, we exported nearly 300 per cent. more to Brazil and Venezuela than we did while these articles (the principal 

in their trade) were taxed, and they in tum increased their imports 

in about the same proportion, thus proving the policy of a free ex- change was both beneficial and profitable to both countries. We purchased 300 per cent. more of their products tbn we had previously 

purchased, and sold them 300 per cent. more of ours than t bey had 

been previonsly buying. 

It will not do to say that we cannot take the tariff off of the raw material, for this policy fails as bas been proven in the above instance 

in regard to the admission of hides free of duty. Since this was done 

in 1872, our export trade in tanned leather has increased more than 

200 per cent., and is still increasing, thus proving that if it was not 

!or our high tariff, our products would seek an exchange for all foreign 

supplies we might want at fair prices, and bring home to our con- sumers goods of their wants at greatly reduced prices. 

Our exports to the East Indies are comparatively nothing, while 

they purchase abroad over two hundred millions of merchandise an- u~~ . England sends Chili fifty-five million yards of cotton cloth annu- ally, and we where tile cotton is grown and manufactured. to great 

perfection, sell her only five million yards, simply because Englautl 

exchanges commodities without taxation, and we will not. Aml 

hence I say our tariff effectually shuts us up and compels us to trade 

to a great extent upon the simple process of an exchange or bartering 

trade among ourselves and against the best interests of all our industries. 

Then, I say, let us break down this great barrier to the interests of our country, this high protective ta.rifi', and thus enable our people to 

lmy in the cheapest market and to sell in the highest by exchanging 

their p oductions, wherever they may be in demand antl can find a market, and by a liberal policy of this sort, and not sbnttiug our products out from the world by bur tariff, our products will seek a ready 

sale in all the markets of the world. 

Why shonltl we continue this oppressive tariff to benefit only the men of capital who are able to build and nm these interests, at the 

expense of the masses of our people, the men and women w bo are thus 

made hewers of wood and drawers of water, to the interests thus fostered and protected Ly this high tariff! " 

Mr. Speaker, when I contemplate tlie patience and forbearance of 

the consumers and the men who have borne this unjust and oppressive burden so long, my sympathies are aroused and I wonder they 

have borne it so patiently. 

If Congress does not come to the rescue and afford relief in some way to the demands of labor and the agricultural interests of the 

country, we may soon bid adieu to that class of our people as an element of wealth and prosperity. 

Americau skill and genius as inventors and manufacturers are acknowledged throughout the world. We bear of manufacturers 

in foreign countries complaining of the want of skill on the part of 

their mechanics as compared with that of American mechanics and 

inventors. 

America is in my judgment far ahead of any other country in the 

world in point of valuable inventions and in the manufacture of superior agricultural and manufacturing implements. She is far ahead of 

most foreign countries in all of such enterprises and is amply protect€d by our patent laws. The large quantity of these goods exported 

annually testifies that fact. Then we need no protection when we can 

compete with tllo world in all branches of industry. We produce the 

cotton, the wool, the iron, and have all the ingredients necessary to 

the maunfacijure of almost or quite every article wanted or used in 

this country. We have abundant labor, provisions enough to feed 

the world, water power, steam, and everything necessary, and the only 

protection we ask for our people is equal and exact justice to all, and 

not protection for one class to eat np the su bstnnce of the other. This 

is cla~sle~islation and is against the theory, if not the spirit, of our ConstitutiOn. 

When the official statistics show that our exports are $150,000,000 

in value in excess of the value of onr imports and that our manu- facturers and merchants have been shipping immense amounts of 

goods of various kinds to foreign countries and selling them at'Temunerative prices, and in many instances for less than they have sold 

the same quality to our own people, then it does seem that protection is only an oppression, forcing ns to buy from our own manufact- urer at hi8 figures. And he of course, in all cases, will a-d vance his price 

just as high as his protection by reason of the tariff extends to prevent foreign competition, and thus the consumer is bound to pay this 

protection to the manufacturer. And when he bas supplied all the 

demands of the home market afforded by this protective tariff, then our manufacturers ship their surplus to foreign markets and sell for 

the market, and in many instances for much less than be has sold to 

his home customers, the real consumers, which be was enabled to do 

by the tariff. 

Our laws prohibit our people from buying where they can buy 

cheapest, unless we pay a tax as duty equal to the tariff put on the 

goods by our manufacturers. We cannot even buy goods of Ameri- can manufacture in a foreign port and bring them back without 

paying th~ duty thereon, but are completely locked in by our tariff lawS~Jand at the mercy of our manufacturers, and forced to buy in the 

highest market and to sell to the monopolists; and, as I will show 

you, one clas8 is forced into the clutches of the speculator. Tbi:i 

wrong upon the great mass of the people of this country has become 

almost unbearable. This system of unjust legislation, legisl2.tion 

that oppresses one class of our countrymen for the benefit and en- richment of another, must and will be ended; the people have rights 

that they will maintain; and now that sectionalism iM gradn.:'llly dying 

away and a sense of justice is being restored throughout tho whole 

country it is our duty to meet these issues, correct the abuses, and do 

justice to all sections and to all classes alike. lam no enemy to capital, or to manufactnrers, or enterprise of any kind ; I wish we bad more of it all; but I can never give my consent to sit quietly by and see my fellow-men legislated out of existence purely to protect another 

class, who really now need less protection than any other class, be- cause most of them have enjoyed this boon so long that they have 

amassed la.rge fortunes at the expense of the consumers of their products and now need no fnrther protection to ena.ble them to success- folly compete with the worltl. 

What excuse can we as Congressmen render to our constituents for 

compelling them by reason of this high protective tariff now in full 

force and effect to pay to these manufacturers 35 per cent. tariff upon 

the men's, women, and children's wear made of cotton fabrics, and 

GO to 78 per cent. upon all the clothing made of woolen faurics; or for paying 31.2 to 43.2 per cent. tarifl' on all the bleached cottons nsed 

by their families in necessary wear, 33 to 35 per cent. upon all no- bleached cotton goods used in their families, 33 to 58t per cent. tariff on all cotton prints used in dressing for their wives and daughters, 

and which is shipped to and sold in almost all other countries free of 

duty; on cotton hosiery 35 per cent., and on woolen hosiery 60 to 10~ 

per cent.; upon cotton jeans, denims, ticks, and cottonades, 30 to 65 

per cent.; upon the spool-thread with which the frngal and virtuous 

wife makes up the clothing of herself and her family they pay GO to 

i5 per cent. tariff duties, which goes into the pockets of the manu- facturers; upon cotton yarns, 35 to 60 per cent., and upon all other 

cotton goods 35 per cent.; upon manufactured flax, jute, or hemp, 35 

to 40 per cent.; upon handkerchiefs, 40 per cent.; upon window-glaas, 

40 to 50 per cent.; upon hats and bonnets, 30 to 40 per cent.; iron, 

manufactured bar, and otherwise, 35 to 50 per cent.; upon railroad 

iron, seven cents per pound; upon steel rails, seven cents per pound, 

and 40 per cent. additional; upon pig iron, $7 per ton; upon cutlery, :~0 to 50 per cent. And we can manufacture as fine in America as can be made anywhere. 

Upon salt, 34 to 65 per cent.; upon spices, from 20 to 500 per cent.; 

and upon sugars and molasses, 28 to 70 per cent. And here we have one of the evidences of this burden, because every fa.mily in the 

country uses more or less of these articles, and they pay usua.lly 10 

to 12t and 15 cents per pound for sugar when it can be purchased in 

Cuba for 2t to 4 cents per pound. 

Upon confectioneries its tariff makes yon pay 115 to 165 per cent. 

duty; upon tobacco, 65 to 195 per cent; upon wool and woolen goods, 

from 20 tO 82 per cent; upon carpets, blankets, and flannels we pa.y 

60 to 95 per cent; upon wool hats, 82 to 96 per cent; and I might ex- tend the list to thousands of articles taxed with the tariff duty upon 

all averaging 441 per cent., that is forced out of the pockets of tile consnmer in the shape of protection to the manufacturer. 

EYery practical business man knows that it is reasonable to expect, 

and we know that they do sell their goods just as high as the tariff 

protects them against foreign importations. The same may be illustrated by the merchant. If Congress passed a law that a merchant 

resident _in the District of Columbia who purchased his goods in 

Philadelpl1ia should be allowed to sell tbem in the District free of 

duty, and t.bat. another merchant who purchased his goods in New 

York should pay a duty of 20 per cent., does not every one know that 

the merchant purchasing in New York woultl add that 20 per cent. 

duty to his cost and thus put his profit on his goods f But the mer- chant who buys in Philadelphia and saves that 20 per cent. duty will 

add his profit just as near the price of the New York merchant as he 

can, so as to undersell him, and will, by the New York mercl1ant 

being forced to add t.hat duty to his cost, b~ enabled to mako that 

' 
1678 CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

greater profit off of biB customers who buy ·his goods. And this 

action of Congress would be forcing the people of the District to pay 

that 20 per cent. a.a profit to the Philadelphia merchant. And in the sumo way I insist that our manufacturers add the protection they 

have, by reason of our tariff laws, to the cost of production and thus 

makes the consumer pay it. 

Our receipts from customs for the last fiscal year were about 

$131,000,000, and while this lar~e sum is paid by the importers in 

the first instance, he then adds It to the cost of his goods and then 

puts his profit on that and sells to the jobber, who adds his profits 

and all expenses and sells to the retailer, who does the sa.me thing 

a.nd sells to the consumer, who thus indirectly pays the wholo of this enormous tax in this indirect way, as well aa a profit to every one who 

handles the goods from the time they leave the hands of the producer 

until they reach the consumer. I agree that a tariff for revenue is 

necessary; but I insist that it is not necessary to have a tariff embracing thousands of articles, with an average duty of 441 per cent., to l'aitie money to feed a hundred thousand lazy office-holders who pla.y more than half their 1ime. And if it is necessary to have a revenue tariff, let us have it upon the great mineral interests of the country, 

such as iron, coal, and copper, with which our bills and moun~ins 

auound and which cannot be made a great monopoly of, because of 

its great abundance and its cheap production in this country. The 

organized raid made upon this Congress by the manufa-cturers in the 

New Englancl States is but the beginning of their efforts to prevent a revision of the present high and oppressive tariff. These organizations have endeavored to enlist every manufacturing interest in the 

country, however small, into their raid by sending them printed me- morials and petitions to Congress asking them to get all the signatures possible and send to their Congressmen with the request that he 

present the same to Congress, as if the plan was a spontaneous outburst throughout the whole country. An examination of these memo- rials and petitions so ext-ensively circulated and signed and so lavishly 

presented to Congress in both wings of the Capitol, n.ll in substance, 

if not in word a.nd letter, the same, during the present Congress show 

that they are the handiwork of a powerful combination seeking by 

this means to influence Congress in their interest and prevent just 

and proper legislation in favor of the consumers and laboring classes 

of 1 be country. 

Wbo has presented a petition to this Congress to protect the agricultural products of the country; who has presented a remonstrance 

against this outrageous tariff and charging it with destroying our interests to protect monopolists; or who has presented a remonstrance 

from the laboring-men of the country to resist the efforts of this great 

combination of manufacturers t I answer, no one. They ba.ve confidence in the judgment of their law-makers, and aro quietly awaiting 

justice and equality. 

The expense and frauds perpetrated in collecting this vast revenue is very great, and can be greatly reduced. I had the honor to introduce in t.he ~·orty-fourth as well as in the Forty-fifth Congress a bill 

to reduce the expenses of collectjng the customs, which bill is now pending before the committee upon public expenditures, and wh'ich, 

if ndopted, will save annually irom two to five hundred thousand 

dolllll'8. 'fhe report of the Secretary of the Treasury shows about 

fifty ports of entry, at which the Government pays about $200,000 

annually to the officers more than they collect at tho same offices, and 

which has been the case for many years. And still they say "Do not 

abolish au office or reduce the tariff or reduce a salary," because they 

know that the agricultural and laboring-men of the country pay the 

taxes tbat pay these salaries and expenses; aud they think these lazy 

office-holders must be supported in idleness because of their loyalty 

to party and their services are needed in all elections to save the 

country; hence we se.e members of Congress claiming to be the friends 

and repreaentatives of the people opposing every effort at retrenchment and reform in any shape; that oppose every reduction of salaries and every reduction of any of the burdens that now bear so heavily 

upon the country. Even the honorable Secretary of the Treasury and 

tho honora.blo Commissioner of Internal Revenue, each of whom are baskinrr in sunshine and ease and happiness, in their reports oppose 

any reduction in the tariff or internal-revenue laws, as, they allege, it 

will require the full amount that each will yield to meet the demands 

of the Government. But they do recommend an increase in their 

force with a corresponding increase of expenses. Can it be that these 

distinguished gentlemen oppose any reduction of taxes or force be- canse they desire to still control this large patrona~e under them, 

amounting in the aggregate to more than ~20,000,000 f 

The nujust and oppressive high tariff is really less objectionable 

than the internal-revenue law, which of itself is a grand monopoly and which has increased the facilities for fraud since its enactment 

enormously. The records show that there have been more frauds perpetrated within the last ten years than ever were before, and we have 

every reason to believe they are still perpetrated, not~itMtandin~ 

the efforts that have been made ~ suppress them, by which several 

distinguished personages got into the penitentiary. 

In speaking of the oppressive law in regard to the clistillation of 

spiiits I do not wish to be considered as an ad vocate of the manufa.ct- nre or nse of ardent spirits. Upon the contrary if I had the power I 

would banish its use entir{'ly from the land and would prohibit its 

manufa.cturo and use entirely. But it has been mada and drank from 

the earliest days down to the present, and it is reasonable to suppose 

that it will continue to be made and used. That being the case, then, 

let us make the laws under which it is made equal and.jnst, so that 

all can and will obey it. Do not make the law so that it is only a monopoly; so that the man of large means can comply with it and 

those of small means cannot and are therefore tempted to evade it in 

order to get rid of their surplus grain and fruit. The enormous tax 

of ninety cents per gallon with the army of officers at high salaries 

in the shape of collectors; gaugers, inspectors, storehouse-keepers, 

and as to how many more paid officials there are attached to each distillery I am unable to say, makes it out of the question for a man of 

small means to distill his surplus grain or fruit without a loss; and 

this is the main canse of so many moonshinors that we read of every 

day, that are costing the Government so much to suppress iu the shape 

of pay to spies and dead-beats as raiders, who in most instances drink more spirit-s than they destroy. But if Congress would pass some such 

bill as House bill 414, now pending before the Committee of·Ways 

and Means, which reduces the tax to twenty-five cents per gallon and 

reduces and simplifies the expenses of collecting this t.ax, then, my 

word for it, we would bear no more talk of mooushiners and raids by revenue officials; and I firmly believe the revenue from this source would be largely increased, and it would not cost the half of $5,000,000 

to collect it, as it nearly does now. But of all the unjust and unreasonable tax-laws that ever adorned onr statute-books, none was ever more unjust and oppressive than 

tltat part of the internal-revenue law relating to the tax on tobacco. 

While the estimated value of the entire tobacco crop, when ready for 

the knife in the field, the past year does not exceed $d,OOO,OOO, our Government collects upon that article alone a tax of $41,000,000, or more than 500 per cent. upon the value of the product. I ask in the name of justice, if such taxation as that is just and fair, or is it right. 

Is it reasonable to suppose that the people can or will submit to this 

unjust discrimination in taxesf It is unjust, illiberal, and oppressive 

in every sense. The tax upon manufactured tobacco is twenty-four 

cents per pound, antl is in the end paid by the consumer, and while it 

is enormous amounting to three or four hundred per cent. it is not so bad as some other features of the law iu regard to the privilege taxes. 

For instance, each merchant pays a privilege tax of $5 anuually for 

the privilege of selling manufactured. tobacco. Each manufacturer of 

tobacco pays an annual tax of 10 for the privilege of manufacturing 

and selling it. The tobacco speculator who buys and sells it by 

wholesale also pays a tax annually of $25. But the poor farmer, 

who toils and sweats to raise the tobacco, is denied the privilege of 

selling to any one except a licensed speculator unless he pays an annual tax of $500, and if be should sell one pound of tobacco t.o one of his hands or· laborers, or s1iould exchange one pound of tobacco for a bushel of corn, he is liable to a fine of 1,000, and. twelve months' 

imprisonment, and thus you see by this process of law, the producer 

of the tobacco is forced into the clutches of the speculator, and is 

virtually prohibited from selling to anyone else, under penalty of the 

thousand dollar fine and one year's imprisonment, and is therefore 

at the mercy of the speculator, just as our consumers are at tbe mercy 

of our manufacture1'8 under our protective-taritf system. And these 

licensed speculators, who only pay this twenty-five dollar anum\.\ tax, can combine and fix t.he price upon the farmer's tobacco an force 

him to sell to them at their own price, because none of them can afford 

to pay a tax of $500 to retail leaf-tobacco to consumers, and but few 

of them are prepared to m::mufacture it. And being thus handicapped 

by the law, the speculator takes off their tobacco at his own price, 

making his own profit-s, and laughs at the honest farmer who has no remedy, and is completely at his mercy. I repeat again, there never was a law upon our statute-books more unjust and oppressive than the one now in force in regard to tobacco. Can any one giYe a reasonable excuse why the farmer may not sell his tobacco to whom he plcn.ses, 

just as he does his wheat, his barley, his corn or his hogs, his cattle or his cottonY 

It is operating hard, unjmt, and cruelly upon a. large class of our citizens and sbould be speedily changed. Suppose a farmer wanting 

to raise 100 to pay his bands. Under tho present law he cannot sell 

that hand any of his tobacco unless the lland is a licensed tobacco 

dealer. But if he was allowed to retail hLi tobacco to his hands and 

his neighbors, he could realize for it about twelve and one-half cents 

per pound, so that eight hundred pounds would pay the hand his $100. 

And in my section we can raise eight hundred pounds per acre; thus one acre would pay tile $100. But your laws deny him tho privilege 

of selling his tobacco ex.cept in bulk to the specnl:ltor, who takes it 

off, and the farmer is forced to resort to other means to raise the $100, 

and b·ies corn at thirty-three and one-third cents per bushel. It. will 

then take three hundred bushels of corn or the product of ten acres' 

labor to raise the $100; or if he sells cotton, it will require a.bont 

twelve hundred pounds cotton or the product of about four acrea of 

labor to pay it; or if he tries wheat, it will require one hundred bushels wheat or the product of ten acres of ground to pay it, when the 

product of one acre of tobacco would pay it if he could be a free man and sell his tobacco to whom he pleases. And all this, because Congress has assumed to say to whom the farmer should sell his produce. 

It is claimed that whisky and tobacco are luxuriea and ought to be 

taxed. Suppose they arc t Are not they entirely the product of labor f It requires labor to make the corn, labor to gather, house, 

mill, and distill it, ·in fact it ia a.U labor, except to the thousandand-one hungry i~ternal-revcnue officers who are not only sucking 
1878. CONGRESSIONAL RECORD-HOUSE. 1679 

at the bongs of the whisky-barrels for whisky, but are socking at 

tho people's pockets for their-large 8alaries. 

And what if tobacco is a. luxury! Does it not require bard labor 

to cultivate, harvest, cure, manufacture, and prepare it for market f 

1'hen w bo buys more of it than the poor laboril1g men of the coun- try f Is it not a privilege they are entitled to enjoy without paying 

1,000 per cent. for it f For by the time the tobacco passes through 

all the various hands of speculators who handle it, and all paying a tax and adding a profit, by the time it reaches the consumer be generally pays about 1,000 per cent. more for it than the producer received 

for it. 

Why not ;IS well tax otbf'r luxuries, and not put it all on two, w bile the real luxuries are exrmpt, because these two are principally 

the product of tbe South and WestT If this is allowed to relllllin 

they will say our magnificent wLeat-crops grown in the 'Ve:;t are luxuries and mmt be taxed. They will say our vast herds of cattle, 

horses, and bogs that our faimers are so proud to enjoy are luxuries, 

and tb£~y will t.ax them. Why not divi<le the tax upon rea.llnxuries f Are not our great railroad lines, earning millions .of dollars 

annually, luxuries to their owners f .And they are protected in all 

their righta by tbe strong arm of the Jaw! And what is a greater 

luxury than to own a large manufacturing establishment, employing 

hundreds of hands, making millions of money annually by means of 

the high protective tariff pastsed Ly Congress to allow its owners t.o 

sell their goods at their own prices to our people by keeping out foreign competition f This is indet-d a luxury that many of our noLle 

countrymen have been enjoying for years, but who have recent-ly bad 

their quiet slumbers distu)·bed as evidenced by the fl()()(.l of petitions 

and memorials they have been sending into Congress in opposi1 ion to 

any revision of the tariff. Would 'it not be a luxury to our people to 

buy their Co ba sugars at two and a half to fonr cents per pound and 

pay for it in floor at six or eight cents per pound f But as it now is we pay CuLa fifty-five millions in cash more for her surplus than we sell her; the balance of tra<le being against us that amount in our commerce with Cuba. .And still there is another greater luxury than 

any of these that I want to see divide this luxurious tax upon l&.bor, 

and that is the luxury of banking. 

Certainly it is a luxury to be a banker; to have bonds that pay no taxes, to deposit them in the vaults of t-he Treasury and <lraw the 

interest in gold semi-3Illlnally, and 90 per cent. of the bonds in circulation to bank upon and loan it at 10 to 20 per cent. per annum to 

the very bone and sinew of the country. And still this great luxury 

of banking is not satisfied. They are complaining awfnlly of the 

two-cent tax on cbooks and are petitioning Congress to take it off, 

aud also to take oft' the merely nominal tax on circulation and deposits. An<ll greatly wonder that Congrfss in its great merry towanl c~pital has not long since removed this heavy bnr<len from tho banks 

and placed it upon labor. · Now, how does the tax upon tobacco and that upon banks and 

bankers comparo f 

I have t;hown you that upon this estimated value of the crop of 

tobacco last ear in the field of $8,000,000 we collected $41,000,000 

.in taxes. Now as to banks. We have two thousand and ighty 

national banks, Lesides a large number of savings and ot4er Lanka, 

banking associa.tiollS, &c. 

The capital stock of the national banks paid in is, as 

stated in the Secretary's report .••••. ·----·-------- Tbeir circulation is •. -..•.. --..... -..•. -.. -- -·-- ·--.- They have dne them for loans and discounts .• _ •..•.• 

Surplus fnud and undivided profits on hand ---- ---·. 

Deposits in sa~ngs-banks .••••..• ----.----· ··-- ··---

$479,467,771 

316,775,111 

~' 243,~90 

166,348,800 

84:l, 154, 804 

Total invested .••••• _. __ --••. __ •• -- _ ··- ••••••• 2, 693, 989,776 

in banking, as capital, circulations, loans, deposits, surplns profits, 

&c., upon all of which is collected, as shown by the la.Rt repot'ls, 

$7,076,086 as against $41,000,000 tax collected off of eight million dollars' worth of hard labor in tobacco. And still they cry, "Take the tax 

off of banks and ban~ers." Where is there any justice in such discriminations in thus taxing luxuries t Would to God that we could all 

enjoy t;nch luxuries as are enjoyed by the capitalists of this conn try, 

who have bad but to make their clemands and Congress was always 

ready to respond to their demands in passing just such laws as they 

demanded. Now, as a bumble member of this Honse and as a friend 

to right and justice, I insist th::t.t it is high time we should treat every 

calliug and every occupation alike. Let us do equal justice to thew hole 

people; let us equalize the expenses of the Government, reduce ex- penses, and economize in every department, and not tax one class of our people to death to enrich and protect another class. 

Now this Congress can continue au(} carry out the good work begun 

by the last Congress in cutting down the expenses of the Government. 

·we can save to the tax-payers of the conn try many millions of dollars 

anuually by judicious legislation. While the country is groaning 

under the pressure that is daily carryin~down men of skill and enterprise by the hundred and thousand, it 18 our bounden duty to try to 

meet the demands of the country and try to relieve the distress in 

the country, and how can we begin better than by reducing expenses! 

When this great financial distress is shaking our Government to 

its very center1 cannot we begin the reduction of salaries, and by 

beginning at tno head afford great relief in this way T Why pa.y the 

President a salary of 50,000 per year! Why pay the General of t.he 

Army in times of peace $18,000 per annum! Why pay tho Lieutenant-General $15,000, au<l other ofticers in proportion f \Vhy have two 

hundred and llinety-five supernumerary officers doing no duty, and 

costing the tax-payers ·:-,oo,ooo annually! Wby have fifty-six paymasters in the Army of twenty-three thousand men at a cost of $:;()0,000, 

when ten could discharge all their duties. I could go on for hours 

naming useless and extravagant wastes of public moneys that are wmng from the hard earnings of the tax-payers of the country, and so lavishly expended upon an army of office-holders, but time will 

not permit me. Then let us app1y the pruning-knife liberally in cutting down ex- penses, and by all means let us lift the heavy burdens off the peoyle 

that now are so heavily oppressed by our unjust and oppressive internal-revenue law, by our high protective tariff. And in order that 

taxation may be more equitable and just., let us pass House bill1833, 

to tax all net incomes over and above $'2,000 per annum, which it was my pleasure to introduce. 

Why not tax incomes T Does not the Government protect all of our great mineral, manufacturing, and incorporated interests f Was not 

the ;whole United States Army brought into requisition last summer at the expense of all the people to protect the large interests of private parties T And why should they not pay a reasonable income tax 

upon their net profits to help support the Government and to help 

pay the expenses of the Army that was brought into requisition to 

protect their property, and is used for that purpose now T Why should 

not the eight hundred and eleven railroads in the United States, aggregating about eighty thousand milelil, valued at 4,GOO,OOO,OOO! whose 

net profits arc many millions of dollars annually, pay a part of the 

expenses of the Government f Is it because they are not luxuries 

in tho same sense that tobacco and whisky are f 'fhe two northern 

Pacific railroads are said to have made laat year$17,000,000 net profits. They were built by and with the people's money and the people's lands, 

with a small slice of Credit MoLilier thrown in for seasoning, and yet 

they pay nothing to help support the Government, but are assuming 

to dictate to the Government terms of settlement of their indebted- ness. . Our income-tax Jaws that went into effect in 1863 were contin- .ued in operation for seven years ann yielded a revenue in that t.ime 

of $228,756,246, assessed and collected off of an averarre income of 

$800,000,000 and p~id by about two hundred and fifty thousand per- sons. 'I' he largest income collected in any one year was in 1866, when 

$60,547,882 was collected, and the smallest about $15,000,000, in 1864. 

And while the income tax in seven year8 realized the above sum, as shown by official records, the records show that the tobacco crop of 

the country in the last fifteen years, averaging from four to eight 

millions of dollars, at maturity has paid into the Treasury the enor- mous sum of $386,048,363 as against the above income tax. And here we have a fair illustration of the former legislation of the country in 

favor of capital against labor, because the income tax was paid by 

n.bout two hundred and fifty thousand persons, and an average of 

four to the family would make about one million of persons, estimated by the late Secretary Welles, as interested in the income tax, 

and about thirty-nine million persons not interested in it; and in the 

fa.ce of this vast difference these capitalists who paid this income tax 

succeeded in procuring the repeal of the income-tax law with an in- crease upon the tax on labor. 

Now, will any impartial judge say that it is right and proper to thus 

burden the products of the soil and l:l.bor with taxation and let this 

vast wealth of the country in the shape of incomes reaching as high as $800,000,000 per annum go untaxed f Secretary Welles said when 

the law was repealed Lhe incomes taxed amounted to a bon t $800,000,000, 

and in order to relieve this large cash capital entirely from taxation 

Congress repealed the tax, and make spirits and tobacco pay nearly 

the whole internal-revenue tax now, thus protecting capital at the 

expense of labor. · Now, Mr. Speaker, with all these facts staring ns in the face, is it 

not time to pause and reflect f Are the people to blame for being restless, uneasy, and dissatisfied, when they see the politicians have bad 

nothing to offer but the "bloody shirt" waving in their faces an<l 

before their constituents1 so as to ride into power, and have fastened 

upon them this unjust high, protective tariff, by which the energies, 

the enterprise, the industries, and the prosperity of the country are paralyzed f '!'hey have enacted and fastened upon them the unjust 

and oppressive int~rnal-revenue law, which is mjoriom~, unjust, and 

oppressive, and is causing hundreds and thousands of our fellow-men 

to violate it unintentionally. They have by the act of Congress making the bon<ls of the Government that were then payable in currency 

payable in coin, when gold was at or about 40 per cent. premium, 

caused the people and tax-payers of the c:.>untry a loss of at least 

$100,000,000. 'fhey then, to further increase the value of the bonds of 

the capitalists by fr<~.ud, demoneti:r.ed silver, thereby causing a loss to 

the country of at least $1W,OOO,OOO in the circulation of that metal, 

and then by the passage of the resumption law they have a1most 

placed the last feather upon the camel's back in withdrawing from 

ciroulat:on, in the last few years, from three to four hundred mill1on 

dolla!'S, causing failures amounting during the past year alone to about 

nine thousand with liabilities of nearly $iOO,OOU,OOO, besides thousan<ls 

of smaller failnres all over the country that are not reporte<l to the 

agencies; and this rate of failures bas been going on ever since the 
1680 CONGRESSIONAL RECORD-HOUSE. MARCH 11, 

passa(J'e of the resumption Jaw, which bas increased into a panic, has 

paralyzed all kinds of trade, and has benefited no one except the 

enhanced value of the money in the hands of the capitalists of the 

country. Wltije onrcountry is rapidly increasing in population, with a greate 

demand for our products and the natural increase of our business, our Government ought to have in like ratio increased the money in 

circulation rather than contract it. 

We find in many sections our people really unable to buy the ne- cessaries of life because of the scarcity of money. And still we hear 

these men who manifest so little concern for the whole country say 

''Go on; force resumption; defeat the silver Lill, and let the country 

take care of itself." 

I recently saw a statement of the amount of money in circulation 

per capita in each of the grand divisions of this country, which, if 

our eastern friends can be induced to believe is true, they will not 

wonder that our people in the West and South cry for more money 

and less taxes. It was this: . 

The amount per capita in the New England f:tatt>s is f56.10; in tho Middle 

States, 19 54; in the Wt>stem States, $7.96; in the Southcm States, $4.50, and in 

my own State of Tennessee, only $2.60 per capita. 

Now, if this is correct, (and I have no reason to doubt it,) tl}.en onr people are in a deplorable condition and need financial relief, and are justitiable in calling for a change in all laws regarding the finances 

and taxes. 

As onr population and country increase and expand, it is natural 

that the same ratio of increase in money is demanded to insnre the 

prosperity of onr people. It is the duty of the Government to protect and look to the interests of the whole country~ and not look alone 

to the fa>ored few in the favored section. Great monopolies are dangerous to a free Government, and they should not be fostered and 

protected at the expense of the people; the people have rights, and 

while the ballot-box is the proper channel throngb which all wrongs 

and grievances should be righted, sometimes, when they fail there, I am sorry to know they resort to force. Bot just and prudent legislat.ion in the interest of all the people will always prevent any such 

dangers and calamities, and we should avoid oppressing one class of our citizens to enrich others. 

POSTAL SAVINGS AND POSTAL TELEGRAPH. 

Mr. TIPTON. Mr. Speaker, the questions of postal savings and 

the postal telegraph have agitated the public mind for years. These 

questions have been discussed to som.e extent in Congress and have 

been fully discussed in the public press and each ltas received the 

favorable recommendation of the Postmaster-General. But no action 

has been taken by Congress resulting in legi:dation adopting either 

of tltese systems. England and most of the leading countries of 

Europe have adopted this system of postal savings and postal telegraphs with gJ.'eat success, and I am unable to see why these two 

systems cannot be adopted and carried out in this country to the great 

advantage of the people. Our Government was formed in the interest 

of the people, and such legislation should be adopted as will result 

in good to the whole people. 

It seems to me that there is no legislation that could be adopted at 

this session that wonM prove more beneficial to the laborer, the me- chanic, and people of small means, than the adoption of these two 

systems into our law. Experience has demonstrated the practicability 

of both. It is the duty of Government to fnrnish safe depositories for 

the people and th(\ speedy transmission of intelligence from one part 

of the country to another. The constitutional power of the Government to do both I apprehend will not be denied, and the only question 

remaining is one of policy. That the establishment of postal savings 

and the post-al telegraph would accommodate the .great mass of the 

people cannot be denied. The history of this country proves the neces- sity of both-the one furnishing a safe depository, and the other speedy 

transmission of news within the reach of all. As the law now is there 

is no depository adapted to the wants and the convenience of the poor 

man, nor is the telegraph within the reach of one· half of the people !)y reason of the prices charged for the transmission of news. I hope, Mr. 

Speaker, that some legislation will be had tending to the accomplishment of these two objects. 

POSTAL SA VJNGS. 

By the establishment of postal savings the people all over the coun- try will be afforded an opportunity to invest their savings with a-ssnr- ance that the princi1lal will be returned with a small interest. 

Mr. Speaker~ it is only a question of time when the postal system 

will be established throughout the civilized world. It is one of the 

great necessities of the age. The failure of savings-banks and con- sequ~nt loss, especially to the poorer class, makes the demand greater 

than ever before. I hope that the poor, the laborer, the mechanic, 

the clerk, the artisan, and in fact every man that lives by toil, will 

bave friends enough on this floor to onact into law a sysj;em of postal 

savings that shall give confidence to the people and to encourage the 

saving of small sums of money. The rich are provided for; it is the 

poor man, the laboring-man, tha.t demands this legislation. Shall the 

cries of the unfortunate depositors in broken savings-banks be heard, or shall we torn a deaf ear to these men and tell them if they have 

money that they may purchase bonds. 

I say no. These people are not bondholders, nor do they desire to 

invest their money in bonds. They simply desire a safe depository 

of their small earnings until the accumulation shall enable them to 

pnrchase a lot of ground on which in time they can build a borne for 

themselves and their families. It is a home they wa11t. Yes, Mr. 

Speaker, it is a home these people desire, not bonds, not interest, but a home to protect their families from the storms of wint.t>r. It is 

through small savings that these people hope in time to build themselves homes, and I maintain that these people are entitled to con- sideration in the enactment of a law upon this question. The bond 

system in my jnd~!ment is not adapted to the wants and convenience 

of these people. They do not desire facilities for investments, but on the conti·ary they demand a safe depository for their earnings until 

such time as they may desire to use the money. 

I do not want it understood that I object to the issuing of small 

bonds; on the contrary I 'shall favor the issue of small bonds for investment by all who desire to invest in the bonds of th6 Government. 

I shall favor the issue of small bonds for investment because I believe 

it will tend to place the debt of the nation back in the bands of 

the people, where it shonltl be held. But I maintain, Mr. Speaker, 

that our first duty is to establish a safe depository for the earnings 

and savings of the people without compelling the depositor to pnrchase a bond. Under any contingency the posta.l savings is not at war with any system of bonds; but on the contrary, the friends of 

postal savings generally, so far as I ~ow, would favor the issuing 

by the Treasnry of small bonds to all who may desire to porch~. 

1\ir. Speaker, the confidence of the people bas been sorely tried by the 

failnre of savings-banks during the last three years, and the full confidence of the people can only be restored by the adoption of some system that will fnrnish to them a safe depository for their money, 

and in the Government the people have confidence, and that confidence 

will be increased as the number of depositors increase. I shall bail 

the day with delight when it shall be the pride of every man to say 

that he has money in the hands of the Government, the accumulation 

of his savings. 

Mr. Speaker, I am fully aware of the fact that the postal savings 

system has met with strong opposition and was established in England 

only after a long and continued strnl!gle; but time bas proved the 

fallacy of the opposition. In the lig-ht of England's experience in 

postal savings Canada, New Zealand, Belgium, Anstrali:1, the Netherlands, Germany, Norway, Sweden, Brazil, Switzerland, and Japan have 

adopted the system. It is urged by some that the Post-Office Department will be unable to perform the duties required and that the system has a centraUzing tendency. There never was a greater fallacy. 

Does anybody pretend that the money-order system tends to centralization f Not one. The money-order system has given entire satisfaction to the people, and I apprehend but few men in this land wonld 

desire its overthrow. .At the date of the last report of the Postmaster-General, 1 f!l7-'78, there were in operation 4,144 money-order offices. 

At these various offices there were issued dnring the year 4,9'25,9:11 

post-office orders, amounting to $72,820,509.70: and there was receive<.l 

by the postmasters for issuing these orders 623,748.95. In addition a large number of orders were drawn on Switzerland, Great llritaiu 

and Ireland, the German Empire, and the Dominion of Can:ula.. 

I ha.ve not time to go into the details of this vast business, but must 

content myself by reference to the report of the Postmast.er-General 

for the details. The value of this system cannot be estimatec.l. It 

benefits the rich and the poor alike, and the system is only in its 

infancy. 

If this great enterprise has proven beneficial to the people and its 

successful operation in no manner interfered with our postal system, 

why may we not hope that the operation of the postal savings system 

may not prove equally successful f As I have said there is and can be 

no constitutional objection to the adoption of this system, and I ask 

why not adopt it f Try it. If the system can be operated by the governments of the Old World and in Canada, I think it can be operated 

in this country with equal success. Try it. I desire to give the system a trial. I have faith tltat the Post-Office Department can manage 

the system successfully. 

What I demand for the system is a fair trial. The issuing of bonds, 

large or small, in my judgment will not furnish the desired relief to 

the great mass of the people intended to be benefited by the postal 

savings system. They are neither dealers nor holders of bonds. What 

they desire is such legislation as will enable tltem on Saturday night 

to go to the post-office nnd deposit their savings of the week, and 

that they may add tltereto from week to week until necessity or inclination may require them to witltdraw it. They want, first, a safe 

depository for their money, and, second, that tltey can command it 

within a reasonable time. The detaits of the system are simple; the 

people and postmasters can readily understand them. In fact a care- ful study of the system for a few hours by any postmaster will enable 

him to carry out proper legislation on this subject without difficulty. 

In recommending this system of postal savings to Congress the Postmaster-General said: 

I am clear in tho conviction that the establishment of postal savings depositories will be found an eminently wise and practicaJ measure. 

Mr. Speaker, reason and justice unite in demanding at our hands 

the adoption of this system. Can we not tell, sir, what the people 

wantf Can we not tell what legislation is necessary on this snbje~..t f 

Are we afraid to perform our duty in this regard f I hope not. Can we respond to onr laboring friends, of whom we have heard so much on this floor, and say that we bavo pt)rformed our whole duty with-
1878. CONGRESSIONAL REOORD-HOUSE. 1681 

out establishing some system at least that will insure absolute safety 

to depositors t I think not, and I hope every true friend of labor, 

every true friend of economy will give this measure his hearty support. Let no man talk to me about economy and then vote against 

this great measure of economy. 

POSTAL TELEGP..APHS. 

In connection with the question that I have just been discussing, 

I desire to say a few words in relation to the system of the postal 

telegraph. These two systems go hand in band, and the power of the 

Government under the Constitution to take charge of and operate 

the postal telegraph system is equally clear. Every civilized govern- ment in a greater or less degree has taken charge and control of the 

transmission of intelligence to its officers, civil and military, and the 

diffusion of general intelligence among the people. If there ever was any doubt upon this question, I apprehend that 

such doubts have been dispelled, and that the universal opinion now is that the Government bas power to control the transmission of news to the people. This view was taken by the Committee ·of Ways and 

Means at the second session of the Twenty-eighth Congress, and so far as I know bas been uniformly adhered to by tho Government ever since. The interests 9f the people, both in their business and social 

relations, have long appealed to Congress for the establishment of the 

postal telegraph system. We are advised by the report of the Postmaster-General that the importance of this measure bas been urged 

from all points of view by State Legislatures, by boards of trade, by 

commercial conventions, by the independent press, and by private 

persons, many of whom have been prominently identified with the 

practical working of the telegraph in this and bther countries. It is 

upon this principle that our whole postal system iB based, and when 

the transmission of intelligence by telegraph came into being the same view was taken by the Post-Office Department, as is clearly 

shown by the reports of the Postmaster-General for the years 1845 and 

1846. In his report for the year 1e46 he recommends that the Government keep the control of the telegraph. 

In the inception of the telegraph it sprang into existence as a Government institution. It was by the aid of Government that the first 

line of telegraph was constructed, and was for a time under Government control. It was placed under the control of the PostmasterGeneral, and he adopted reguJations for its control in the transmission 

of intelligence to all at prescribed rates of postage. I maintain that 

every telegraph line should be declared by Congress to be a post-roau, 

aucl that the Postmaster-General should have the same control of 

theso lines that be has over any other post-route; and that the transmivsion of messages should be under the entire control of the Government. The power of the Government under tho Constitution to esta~lish p~st-offices and post-roads, and "to regulate commerce :with formg~ natwns and among the several States," in my judgment fully 

authorizes the Government to control the telegraphic communications 

of the country. The gentleman from :Massachusetts, [Mr. BuTLER,] 

from the Committee on the Judiciary of the Forty-third Congress, 

made a very able and elaborate report upon this subject, in which ne uses this language. He said: 

Your committee can have no doubt of the power of Congress to take most strin. ~ent and efficient action over telegraphic communication to insure the safety of the Gov~ment, ~e good o~ the peopl.e, the regulation of commerce among the 8tates 

a?d Wlth fol'mgn countries, and for the spread of true and just reports of commer- Cial and other news among the people, and the preTention of a. most odious mo- nopoly. 

T.he Government, by legislation of Congress, should have kept the 

ent1re control of the telegraph, but from time to time such legislation was bad as to encourage the telegraph in the bands of private citizens; but since tho war closed legislation bas tendecl toward the final 

adoption of the postal telegraph system, for which I am now con- tending. 

By section 5267 of the Revised Statutes of the United States it is 

provided thatThe Unit~d Stat.es may, for postal, military, or other purposes, purohaso all the t~l~t:raph lines, property, and effects of any or all companies acting under tho pro- VISIOns of the net of July 24, 1866, entitled "An act to aid in the construction of te~~graph lines, and to secure to the Government the use of the same for postal military, and other purposes, ·• or under this title, at an appraised value to be ascer: tained by five competent, disinterested persons, two of whom shall b~ selected by the Postmaster·General of the United States, two by the company interested and one by tho four so previously selected. ' 

Mr. Speaker, Con~~ess mnst either proceecl under this provision of 

the statute, or proVISion should be made by la.wfor the establishment 

at an early day of the postal telegraph and for the construction of t~e necessary lines. Upon this question the Postmaster·General in 

his report for the year 1873 made this recommendation: 

The telep-aph should be ~ad~ a part of tb~ post sstem without further delay. As 9ongress does not seem mclined to exerCise the discretion given in the thh-d 

section of the act of July 24, 1866, to appoint appraisers to value the "lines property, and effects" of the co.mpanies now in operation, and as the Western 'union 

Company appea:s. to be unwilling to make a .voluntary sale at a fair price, I recom- mend that provlSlon be made by law for the munediate establishment of the postal tele~rr?-ph, and for the co~struction of all such lines as may be needed, under the 

d,irection of com:petent o!J:icers of the Engineer Corps of the Army. The expe- nenc~ they acqwred d~g the war. of the rebellion would enable them to do the 

work m the most economical and satisfactory manner. 

Mr. Speaker, the path of dut.y is plain. Congress should at once establish the postal saving and the telegraph systems as a part of our n?>tional policy. It is just as much the duty of Government to fnrmeh safe depositories for money as it is to furnish protection to any 

VII-106 

other property, and it iB ju'3t as much the duty of Government to 

furnish the transmission. of int-elJ!gence by telegraph at ~ cheap rate 

of postage as by the ordrnary mails of the country. Let us discbar"e 

this duty and give to ihe people that which will benefit tho gre~t mass, by giving them the ability to save and economize, and cheap 

postage on telegrams, and we shall have accomplished a great work. ~· Speaker, one word further in reply to the argument of centralizatiOn. I apprehend that there is no man on this floor who will guard 

the ju.st rights of the States -with a more jealous ~are tbau myself; 

but w11l any man contend that the duty of establishing the postal savings or postal telegraph is within the province of the States Y I 

apprehend not, but on the contrary all will concede that this work 

is t he work of the General Government, and I do not fear that the te ~graph operators of tho country have any disposition to augment 

their power, and on the establishment of this advanced postal policy 

all fears will be abandoned, and I hope that there are but few now, at ~east! tba~ ar~ sk~p ical upon this point, and I urge immediate actwn m th1s direction. I concede, Mr. Speaker, that the establishment of these two great systems will add two additional bands of 

strength to the Union of the States and I hope will have a tendency 

to further strengthen the social and commercial relations of the people of the several States and to more firmly unite the people throughout the Union in one common purpose, the greatest good to the greatest number. 

Mr. HUMPHREY obtained the :ftoor. 

Mr. HAYES. If the gentleman will yield I will make a motion to 

adjourn. • Mr. HUMPHREY. I yield for that motion. 

Mr. CONGER. I. unde!stand that tho Chair bas recognized the 

gentleman from W1Sconsm [Mr. HID1PHREY] so that he will have 

the floor at the next evening session for debate. 

The SPEAKER pro tempore. Yes, sir. 

The motion to adjomn was agreed to. • And accordingly (at nine o'clock and fifty minutes p. m.) the House 

adjourned. 

PETITIOXS, ETC. 

The following petitions, &c., were presellted at 1 he Clerk's desk 

under the rule, and refened as stated: ' 

By the S~EA~R: Two petitions from citizens of Philadelphia, 

Pennsylvama, agamst the passage of any measure revivinrr tho in- come tax-to the Committee of Ways and Means. 0 

. By ¥t"· ALDRIC~: The p~ti~ion of Culver, Page, Hayne & Co., 

JOb prmters of Chicago, Illinois, for the abolition of the duty on type-to the same committee. 

.BY: Mr .. B~NING: The petition of 69 iron-workers, citizens of 

Cmcmnati, Ohio, that no change be madu in the existin~ duty on iron or the finished productions of iron-to the same committee. 

By Mr. BELL: A paper relating to the establishment of a pob-tronte f-rom Sulphur Springs to Sulphur Springs Station on the A. 

and R. A. Railroad, in Ha,ll County, Georgia-to the Co~mittee on the Post-Office ancl Post-Roads. 

By Mr. BENEJ?ICT: The petition of John S. Thompson and 230 

oth.ers, of Wyommg County, New York, against the reduction of the 

tariff on wools and woolens-to the Committee of Ways and Means. 

.BY 1~. ~LACKBURN: The petition of citizens of Washington 

City, DistrJCt of Columbia, against the use of the CeBtral stationbouse, in said city, as a police-court room-to the Committee for the 

District of Columbia. 

By Mr. BOONE: The petition of citizens of Paducah Kentucky 

against the removal of the United States court from said ~ity-to th~ Committee on the Judiciary. 

Also,. esti.mate of the engineer in charge of the improvements on th~ 0~10 R1ver, as .to the probable cost of removing obstructions in 

sa1cl nvcr, near C3.Iro, known as" the grand chain "-to tho Committee on Commerce. 

By Mr. BRAGG: The petition of residents on the western shore of 

Lake Michigan, against the transfer of t.he life-saving service to the 

Navy Department-to the same committee. 

Also, the petition of citizens of the United States residin(Y on the 

shores of Lake Michigan, of similar import-to the same co~mittee. By Jl.~r .. CANNON_, of Illi.no~s: The petiti?ns of the pnbljslll!rB of 

the. ID.tm, Cbampa1gn, Dlin01s; of the daily and weekly Dahville (~l.linOis) News; and of the Gazette, Champaign, Dlinois,fortbea.bohtwn of the dn~~ on type-t~ the Committee of Ways and Means. 

Also, the. petttwn of :workmgmen of Charleston, lllinois, against 

any reduction of the tanff on woolens-to the samo committee. 

Also, the petition of shippers of and dealers in live stock of Chic.ago, Illinois, against limitations of the transportation on railrads of 

live stock-to t~e. Committee on Railways and Canals. 

Also, the petitiOn of W. M. Camp and other citizens of Piatt 

COtmty, Illinois, against changing the present tariff on w~ol-tothe Committee of Ways and Means. 

By Mr. CLARK, of Iowa: Eight petitions of citizens of Cedar 

J?nes, Iowa, Tama, Benton, Clinton, and Linn Counties, and of low~ City a~d Johnson County, Iowa, t.hat terms of the district court of 

the Umted States for Iowa be held at Iowa City, in said district--to 

the Committee on the Judiciary. 

By Mr. COBB: The petitions of the publishers of tho Bloomfield 

(Indiana) Democrat, of the Pike County (Indiana) Democrat, and 
1682 CONGRESSIONAL RECORD-HOUSE.· MARCH 11, 

of the Crawford County (Indiana) Democrat, for the abolition of the 

duty on type-to the Committee of Ways and Means. 

By Mr. CONGER: The petition of the publisher of the Tuscola 

County (1\fiohigan) Pioneer, for the abolition of the duty on typeto the same committee. 

By Mr. CRAPO: The petition of Charles Thacher 2d and 57 others, 

of Barnstable, Massachusetts, for the amendment of the pension law so t1tat men discharged for disease shall be paid the same bounty as if discharged for wounds-to the Committee on Military Affairs. 

By Mr. CRITTE~'DEN: The petition of Sarah Jenks, for a pensionto the Committee on Invalid Pensions. 

By Mr. CUTLER : The petition of the Albany and Rensselaer Iron 

and Steel Company of Troy, New York; of the Bethlehem (Pennsyl- va.ni~) Iron Company; of the Lackawanna Iron and Coal Company, 

Scranton, Pennsylvania; of the Penn Steel Company, Baldwin, Pennsylvania; of the Cambria Iron Company, of Johnstown, Pennsylvania; of the Cleveland (Ohio) Rolling Mills Company; of the Union 

Rolling Mill Company, Chicago, Illinois; and of the Edgar Thomp- son Steel Company, Bessemer, Pennsylvania, against the reduction of 

the tariff on spiegeleisen-to the Committee of Ways and Means. 

By Mr. ELAM: The petition of the publishers of the Bassier Banner, Bellevue, Louisiana, and of the People's Vindicator, · Natchitoches, Louisiana, for the abolition of the duty on type-to the same committee. 

By Mr. ELLSWORTH: The petition of the publishers of the Emmet 

County (Michigan) Democrat, of similar import-to the same com- mittee. • By Mr. ERRETT: The petition of 52 business men of Pittsburgh, 

Pennsylvania, against any attempt to re-enact the income tax lawto the same committee. 

By Mr. EVINS, of South Carolina: A paper relating to the establishment of a post-route from Lancaster, via Craig's Mill and Sapp's 

Cross Roads, to Hampton, South Carolina-to the Committ-ee on the 

Post-Office and Post-Roads. 

By Mr. FIELD: The petition of G€0rge C. Leach and 54 others, 

against re~stablishing by law an income tax-to the Committee of 

Ways and Means. 

By Mr. GARFIELD: The petition of citizens of Ashtabula County, 

Ohio, against the passage of the bill to transfer the life-saving serv- ice to the Na\·y Department-to the Committee on Appropriations. 

By Mr. GARTH: The petition of citizens of Morgan County, Alabama., relative to the distribution of proceeds of sales of public lands 

among the several States in aid of popular education-to the Committee on Education and Labor. 

By :Mr. GAUSE: .Memorial of the mayor and common council of 

Fort Smith, Arkansas, concerning the improvement of the Arkansas 

River ~t Fort Smith-to the Committee on Commerce. 

By Mr. HALE : The petition of Stephen Longfellow and others, 

aga)nst the transfer of the life-saving service to the Navy Department-to the c;ame committee. 

Bv Mr. HARMER: The petition of citizens and type-founders of 

the "United States, requesting that, in order to prevent fraud in the 

introduction of foreign type into the United States, the duty may 

remain a specific one, and not be changed to an ad -val01·ern duty-to 

the Committee of Ways and Means. Also~ two petitions from citizens, of Philadelphia, against the passage of any law reviving the income tax-to the same committee. 

By Mr. HARRIS, of Massachusetts: The petition of Boston branch 

pilots, for the improvement of the harbor of Scituate, ~bssachusettsto the Committee on Commerce. 

By .Mr. HARTRIDGE : The petition of certain bankers and mer- chaRts, of Savannah, Georgia, for the repeal of the tax on bank de- . posits-to the Committee of Ways and Means. · Also, papers relating to the bill for the relief of Augustus Burgdorf-to the Committee for the District of Columbia. 

Dy Mr. HAYES: The petition of citizens of Streator, Illinois, against 

the reduction of the tariff-to the Committee of Ways and Means. 

By Mr. HENDEE: The petition of D. C. Holcomb and 15 other 

-citizens of Isle Lamotte, Vermont, for the amendment of the pension 

laws-to the Committee on Invalid Pensions. 

Also, the petition of James S. Peck, adjutant-general of Vermont, 

.and 28 other officers in the late war, of Vermont, for the encouragement of rifle pmctice-to the Committee on Military Affairs. 

By Mr. HISCOCK: The petitions of the publishers of the Baldwinsville (New York) Gazette; of the Jordan (New York) Transcript; 

and of the American Wesleyan, Syracuse, New York, for the abolit ion of the duty on type-to the Committee of Ways and Means. 

Also, the petition of soldiers of the late war, that pensions be 

granted soldiers discharged for disease-to the Committee on Invalid 

Pensions. 

By Mr. HUBBELL: The petitions of the publishers of the Lake 

County (.Michigan) Star, of the Mason County (Michigan) Record, 

and of the Pioneer-Magnet, Big Rapids, Michigan, for the abolition 

of the duty on type-to the Committee of Ways and :Means. 

Also, the petition of John Dorsey, George Ray, and 25 other citi- zens of Michigan, that the tariff on wool remain unchanged-to the samo committee. 

B.v Mr. ITTNER: Papers relating to the claim of Samuel A. Loweto the Committee .of Claims. 

By Mr. KILLINGER: The petition of the publishers of the North-

\ urn berland County (Pennsylvania) Democrat, for the abolition of the 

duty on type-to the Committee of Ways and Means. 

By :Mr. LIGON: The petition of citizens of Autauga County, Alabama, relative to the distribution of proceeds of public lands among 

the several States in aid of popular education-to the Committee on Education and Labor. 

By Mr. McKINLEY: The petition of 250 workingmen and farmers 

of Stark County, Ohio, against any reduction of tariff duties-to the 

Committee of Ways and Means. 

By Mr. McMAHON: The petition of Jacob Farance, for a pensionto the Committee on Invalid Pensions. 

By Mr. MULLER: The petition of type-founders of tbe United 

States, in favor of a specific tariff duty on type-to the Committee of 

Ways and Means. 

By Mr. NEAL: The petition of W. P. Martin and others, against 

the proposeu change of duties upon sugar-to the same committee. 

By Mr. OLIVER: The petition of the publisher of the O'Brien 

Pioneer, Primghar, Iowa, for the abolition of the duty on type-to the same committee. 

By Mr. O'NEILL: A communication from W. 0. Leslie, of Philadelphia, Pennsylvania, suggesting the issue of fivo hundred millions of 

Government coupon-bonds, at thirty years, of the denominations of $5, 

10, $25, and $100, at 3.65 interest in current coin-to the Committee on Banking and Currency. 

By Mr. PATTERSON, of New York: The petition of the publisher 

of the Argus, Fr:mklinville, New York, for the abolition of the uuty on type-to the Committee of Ways and Means. 

Also, the petition of citizens of Erie, Pennsylvania, against transferring the life-saving service to the Navy Department-to the Committee on Commerce. 

By Mr. PHELPS: The petition of Matthew G. Elliott and others, 

of New Haven, Connecticut, against taxing incomes-to the Committee of Ways and Means. 

By Mr. POWERS: The petition of the publisher of tbe Aroostook 

Valley Sunrise, Fort Fairfield, Maine, for the abolition of the dutv on type-to the same committee. ' 

By Mr. RICE, of Ohio : Papers relating to the pension claim of 

Margaret Cahill-to the Committee on Invalid Pensions. 

By Mr. SAPP: A paper relating to the establishment of a postroute from Council Bluffs to Logan, Iowa--to the Committee ou the 

Post-Office and Post-Roads. 

Also, the petition of the publisher of the Mal vern (Iowa) Leader, for 

theabolitionofthedutyontype-totheCommitteeofWaysandMeans. 

By :Mr. SINGLETON: Papers relating to the claim of Mrs. Susan 

Wilson-to tho Committee on War Claims. 

Also, papers relat.ing to the claim of William D. Wilson-to tht• same committee. 

By Mr. S.MlTH, of Georgia: The petition of the publisher of the 

Early County (Georgia) News, for the abolition of the duty on typeto the same committee. 

Also, the petition of Hon. L. E. Welch and other citizens of Georgia, 

for the distribution of the proceeds of the sale of pnblic land in aid 

of popular education-to the Committee on Education and Labor. 

By Mr. SPRINGER: The petition of a committee of type-founuer 

of the United States, that the tariff duty on type remain unchangedto the Committee of Ways and Means. 

By Mr. STRAIT: The petition of W. M. Galt & Co. and others, for 

the reduction of charges on the inspection of flour in the District of 

Columbia-to the Committee for the District of Columbia. 

By Mr. SWANN: The petition of Jesse Stringluff, J. F. Shaffer, J. 

A. McKillip, and 48 other citizens of Maryland, against the revival of 

the income tax-to the Committee of Ways and Means. 

By Mr. THROCKMORTON: The petition of the publisher of the 

Texas Northwest, Montague, Texas, for the abolition of t.ho duty on type-to the same committee. 

By 1t1r. VAN VORHES: The petition of Captain Hiram Burch and 

95 other boat-owners, boatmen, and other business men for the sur- vey and location of an ice harbor in the Muskingum River, above the 

first dam, for the protection of steamers and other water craft against 

injury and destruction by the floes of ice in the Ohio River-to the 

Committee on Commerce. 

Also, the petition of Captain C. :M. Cole and 189 others, steamboat 

owners, officers, and other business men of Marietta, Pittsburgh, and 

other points on the Ohio, of similar import--to the same committee. 

Also, the petition of Hon. E. H. Moore and 120 other citizens of 

Athens County, Ohio, against any reduction in the present tariff on wools and woolens-to the Committee of Ways and Means. 

Also, tho petition of Thomas J. Allison and 42 other citizens of the same county, of similar import-to the samo committee. 

Also, the petition ofT. E. Van Law and 168 other citizens of Morgan County, Ohio, of similar import-to the same committee. 

Also, the petition of E. J. Hiatt and 25 other citizens of the samo county, of similar import-to the same committee. 

Also, the petition of Richard Edgarton and 37 other citizens of the same county, of similar import--to the same committee. 

Also, the petition of Henry Logan and 46 other citizens of Athens 

County, Ohio, of similar import--to the same committee. 

By Mr. WALSH: The petition of Isaac Young and John L. Young, 

executors of John Young, deceased, for stores taken by the United 

States Army-to the Committee on War Claims. 
1878. CONGRESSIONAL RECORD-SENATE. 1683 

By Mr. WILLIAMS, of Alabama: The petition of citizens of Eufaula, Alabama, that aid be granted to the Texas Pacific Railwayto the Committee on the Pacific Railroad. 

By Mr. WILLIAMS, of New York: The petitions of David Hinds, 

.James Edwards, and others; of M. E. Brown, C. P. Pike, and others; 

of Frank Palmer, E. B. Rand, and otbers; of W. F. Weston, Henry .J.Hunington, and others; of William B. Wever, E. Carroll, and others; 

of Oscar F. Maynard, Albert A. Boynton, and others; and of J. C. 

Whitney, Garrett Smith, and others, for an amendment of tho law to 

.allow payment of bounty to soldiers discharged for disease contracted 

in the service-to the Committee on Military Affairs. 

Also, the petitions of J. 1\I. Taylor, E. A. Moore, and others; and or .Jacob Broadwell, G. V. Spaulding, and others, against any change in 

the tariff-to the Committee of Ways and Means. 

By Mr. WILLIAMS, of Oregon: The petitions of the publishers of 

the Weekly Mercury, Salem, Oregon ; of the Pacific Christian Messen- _ger, Monmouth, Oregon; of the Dalles (Oregon) Itemizer; of the 

'Vashington County (Oregon) Independent; and of the State-Rights 

Democrat, Albany, Oregon, for the abolition of the dnty on type-to 

the Committee of Ways and Means. 

Also, the petition of 222 citizens of Lane County, Oregon, for the ~stablishment of a harbor of refuge at Cape Foulweather, Oregonto the Committee on Commerce. 

Also, the petition of citizens of Yam Hill County, Oregon, that the 

time for the completion of the Northern Pacific Railroad, be ex- tended-to the Committee on the Pacific Railroau. 

By Mr. WILLIS, of Kentucky: Papers relating to the claim of the -owners of the steamer Fannie Branders-to tho Committee on War ·Claims. 

By Mr. WILLIS, of New York: The petition of Colonel J. C. Slaght., 

-of New York City, late assistant quartermaster United States Volunteers, for reimbursement of $1,840-to the same committee. 

By 1\lr. WILSON: The petition of D. T. Atkinson, J. D. Whitham, 

.and 576 other citizens of \Vest Virginia, Ohio. and Pennsylvania, for 

maintaining the present rates o.f duty on wool and woolen goods-to 

the Committee of Ways and .Means. · By Mr. WREN: A paper relating to the establishment of a postroute from Tybo to Tern Pahute, Nevada-to the Committeo on 'the 

'Post-Office and Post-Roads. 

By Mr. YOUNG: The petition of the publisher of the Bolivar (Tennessee) Bulletin, for the abolition of the duty on type-to the Com-

:mittee of Ways and Means. 

IN SENATE. 

TuESDAY, March 12, 1878. 

Prayer by the Cha.plain, Rev. B'YRON SUNDERLAND, D. D. 

The Secretary proceeded to read the Journal of yesterday's proceedings, when, on motion of Mr. SPENCER, and by un'animous consent, its 

further reading was dispensed with. 

PETITIONS AND MEMORIALS. 

Mr. GARLAND presented the petition of Charles E. Cunningham 

.and 1,400 others, citizens of Little Rock, Arkansas, praying that the 

_greenback currency be made .a legal tender for all debts public and 

private; which was referred to the Committee on Finance. 

Mr. WHYTE presented the memorial of Jesse Slingluff, Daniel 

Miller, Young, Kimmel & Co., and others, citizens of Baltimore, 

Maryland, protesting against the passage of any law imposing a tax .on incomes; which was referred. to the Committee on Finance. 

Mr. WHYTE. I desire also to present a resolution, which is in the 

nature of a memorial, and although addressed to mo is evidently 

intended for Congress, by the Mary land Academy of Sciences: recom- mending the passage of the bill in relation to the Woodruff scientific 

expedition around the world.. As the bill is before tho Senate, I -move that this paper lie upon the table. 

The motion was agreed to. 

1\ir. TELLER presented the petition of Robert G. Ingersoll, of Dlinois, and others, citizens of the United States, praying for the repeal 

of sections 178U, 3878, 3893, 5389, and 24!)1 of the Revised Statutes of 

the United States, or that they be modified so that they will not 

.abridge the freedom of the press or of conscience; which was referred 

to the Committee on Revision of the Laws. 

Mr. SAUNDERS presented resolutions adopted by the Iron Molders' Union at Omaha, Nebraska, protesting against the passage of the 

bill known as the Wood tariff bill; which was referred to the Committee on Finance. 

1\lr. KERNAN presented ~be petition of Lieutenant-Commander 

James H. Sands, of the United States Navy, praying that he may be 

auvanced ten numbers in his grade for gallant service, as recom- mended by the board of officers appointed under a joint resolution of 

Congress approved July 1, 1870; which was referred to the Committee on Naval Affairs. 

He also presented the petition of Charles Curtis and others, citizens 

-of Mooers, Clinton County, New York, praying for an amendment of 

the pension laws, extending the limitation of the time for obtaining arrears of pensions to July 4, 1880; which was referred to the Committee on Pensions. 

Mr. MORRILL pre8ented a petition of theN ational Association for 

the relief of destitute colored women and children, praying that 

Congress may make the usual appropriation for the continuation of 

the work of the association; which was referred to the Committee on Appropriations. 

1\lr. MITCHELL presented the petition of John C. Smith, James 

F. Cooper, Lyman L. Kellogg, William B. Royal, Levi Kent, William Nolty, and John H. Myers, residents of Oakland, Douglas County, 

Oregon, praying that certain moneys be refunded to them which they 

paid as sureties on the official bond of James A. Sterling, late postmaster at Oakland, Oregon, for losses occurring through his insanity; 

which was referred to the Committee on Claims . He also presented nine petitions of citizens of Oregon, praying an appropriation for the erection of a. light-house at the entrance of the 

Umpqua River, in the State of Oregon; which were referred to the 

Committee on Commerce. 

REPORTS OF COMIDTI'EES. 

Mr. PLUMB, from the Committee on Military Affairs, to whom was referred the bill (S. No. 848) providing for the construction of the 

Mount Jefferson military wagon-road, in Oregon, asked to be discharged from its further consideratiou and that it be referred to the 

Committee on Public Lands; which was agreed to. 

He also, from the Committee on Military Affairs, to whom was re- ferred a letter of the Adjutant-General, submitting tracings of plats 

of Fort Fetterman reservations, &c., reported a bill (S. No. 901) to 

relinquish to the custody of the Interior Department certain portions 

of the Fort Fetterman military reservation which are no longer re- quired for military purposes; which was read twice by its title. 

llr. RANDOLPH, from the Committee on Military Affairs, to whom was referred the petition of Martha G. Vaughn and Louisa Jackman, 

praying to be allowed compensation for services rendered during the war of the rebellion, asked to be discharged from its further consideration and that it be referred to the Committee on Claims; which was agreed to. 

He also, from the Committee on l\filitary Affairs, to whom was re- ferred the bill (S. No. 394) to place the name of Daniel H. Kelly upon 

the muster-roll of Company F, Second Tennessee Infantry~ reported 

it without amendment, and submitted a report there-on, which was ordered to be printed. 

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

(S. No. 455) for the relief of Patrick Sullivan, reported it with an amendment, and submitted a. report thereon, which was ordered to 

be printed. 

Mr. BURNSIDE, from the Committee on Military Affairs, to whom was referred the bill (S. No. 800) for the relief of the heirs of Major 

D. C. Smith, reported it without amendment, and submitted a report 

thereon1 which was ordered to be printed. 

He also, from the same committee, to whom was referred the peti- tion of Carl Jnssen, late adjutant Twenty-third Wisconsin Volunteers, praying to be paid the difference of pay between sergeantmajor and adjutant from Angust 2 to December 13, 1863, submitted a report thereon, accompanied by n. bill (S. No. 902) for the relief of 

Carl Jussen. 

This bill was read twice by its title, and the report was ordered to 

be printed, 

Mr. THURMAN. I am instructed by the Committee on the Judiciary, to whom was referred the bill (S. No. 851) to prohibit members 

uf Congress from becoming sureties in certain bonds, to report it 

with one amendment and to submit a report thereon. I wish to say 

in reference to the bill that as it will probably incur no opposition 

and give rise to no discussion, I shall ask, at a very early day, the 

Senato to takejt up and pass it, probably in the morning hour. 

The VICE-PRESIDENT. The bill will be placed upon the Calendar, and the report printed. 

Mr. ALLISON, from the Committee on Finance, to whom was re- ferred the bill (H. R. No. 535) for the relief of the executors of the 

estate of John S.Miller, deceased, reported it without amendment, 

and submitted therewith a letter of the Commissioner of Internal 

Revenue on the subject and the report of the House Committee of 

Ways and 1\feans. 

Mr. SPENCER, from the Committee on Military Affairs, to whom was referred the bill (S. No. 740) to authorize the Secretary of Wa:r. 

to relinqmsh and turn over to the Interior Department c~ain parts 

of the Camp Douglas military reservation in the Territory of Utab, 

reported it without amendment, and submitted a report thereon, 

which was ordered to be printed. 

Mr. GARLAND, from the Committee on Public Lands, to whom was referred the bill (S. No. 612) for the relief of John A. Torrence, 

reported it with an amendment. 

Mr. JONES, of l!1.orida, from the Committee on Public Lands, to 

whom was referred the bill (S. No. 350) to amend section 2288 of the 

Revised Statutes of the United States, so as to enable citizens of the 

State of Flol'ida to transfer a portion of their pre-emptions or homesteads to aid in the construction of railroads, reported it with an amendment. 

1\lr. WITHERS. I am instructed to submit adverse reports in sev- eral cases by the Committee on Pensions. I will state that many of 

the cases being applications for pensions to soldiers of the war of 

1812 and their widows, are already provided for in the bill that lias