1628 CONGRESSIONAL RECORD-SENATE. ·MARcH 6, 

of the United States Signal-Service Corps-severally to the same committee. 

Also, t.he petition of honorably discharged soldiers and sailors of 

the first Congressional district of Pennsylvania, urging the passage 

of the bill to establish a soldiers' home at Erie, Pennsylvania-to the 

same committee. • Also, the resolutions adopted at a meeting of citizens of Philadelphia, asking Congress to take some action in the nature of a protest against the treatment of the Jews of Russia-to the Committee on Foreign Affairs. 

Also, the resolutions of the Tobacco Board of Trade of Philadelphia, asking Congress to take prompt action in disposing of the question of abolishing the tax on tobacco and cigars-to the Committee on Ways and Means. 

By Mr. BRIGGS: Memorial of Thomas H. Rogers and other soldiers 

who served during the late rebellion, requesting the passage of a law authorizing the payment of the balance of bounty due to themto the Select Committee on the Payment of Pensions, Bounty, and 

Back Pay. . By Mr. CARPENTER: The petition of citizens of Buena Vista 

County, Iowa, asking that the same privileges and encouragement 

be given to the building of railway bridges above Omaha a-s have 

heretofore been given below that city-to the Committee on Com- merce. By Mr. CLARDY: The resolutions of the Merchants' Exchange of 

Saint Louis, Missouri, approving the laws in relation to the building 

of bridges across the Ohio RiT"er, and protesting against any change or amendment of such laws-to th~ same committee. 

By lli. CURTIN: The petitiQn of citizell8 of Pennsylvania, praying for the l?assage of the bill to establish a soldiers'" home at Erie, 

Pennsylvama-to the Committee on Military Affairs. 

By Mr. ERRETT: The petitions of citizens of Allegheny County, 

andofPost199,GrandArmyoftheRepublic,ofTurtleCreek,Pennsylvania, praying for the passage of the bill (H. R. No. 1440) to establish a soldiers' home at Erie, Pennsylvania-to the same committee. 

Also, the report of the committee of the Chamber of Commerce of 

Saint Louis, Missouri, relative to building bridges over the Ohio 

River-to the Committee on Commerce. 

By Mr. GARRISON: The petition of certain citizens of Virginia, 

for dredging the mouth of Piscataway Creek-to the same committee. 

By Mr. GEORGE : The petitions of the Board of Trade of Portland, 

Oregon, of the fish packers and dealers of the Columbia River, Oregon, 

and of the Oregon and Washington "E'ish Propa~ating Company, relative to salmon hatching on the Clackamas River-severally to the 

Committee on Appropriations. 

Also, the petition of the Board of Trade of Portland, Oregon, in 

opposition to the adoption of the French metric system-to the Committee on Ways and Means. 

Also, the resolution of the Board of Trade of Portland, Oregon, 

against the forfeiture of the Northern Pa.cific Railroad grant-to the 

Committee on the Public Lands. 

By Mr. HARDENBERGH: The petition of Mary H. Noonan, widow 

of Cornelius Noonan, for compensation for rent and injury of dwellinghouse in New Orleans, Louisiana-to the Committee on War Claims. 

By Mr. HATCH: Memorial of the Merchants' Exchange of Saint 

Louis, :Missouri, relative to building bridges across the Ohio River 

and other navigable streams-to the Committee on Commerce. 

By Mr. HUTCHINS: The petition of 40 citizens of Yonkers, New 

York, for the repeal of the tax on bank deposits and the two-cent 

stamp on bank checks and drafts-to the Committee on Ways and 

Means. 

By Mr. LORD : The petition of 70 citizens of Michigan, for reduction of the tax on cigars-to the same committee. 

By Mr. MOORE: The petition of Thomas E. Meore, for compensa- tit~n for property taken and used by the United States Army during 

the late rebellion-to the Committee on War Claims. 

By Mr. NOLAN: Papers relating to the pension claim of John H. 

O'Brien, of Troy, New York-to the Committee on Invalid Pensions. 

By Mr. RAY: The petition of R. F. Carter and 30 others, praying 

for legislation to regulate charges for railway transportation-to the 

Committee on Commerce. 

Also, the resolution of citizens of Amherst, New Hampshire, ex- pressing their condemnation and abhorrence of polygamy, and urging the adoption of effective measures for its suppression-to the Committee on the Judiciary. 

By Mr. REED: The petition of A. H. Melleken, J. L. Skoefield, and 

others, citizens of Mew Brunswick, Maine, and other places, against 

the admission of Dakota-to the Committee on Territories. 

By Mr. D.P. RICHARDSON: The petition of citizens ofNewYork, 

for legislation for the suppression of polygamy-to the Committee 

on the Judiciary. By :Mr. RITCHIE: The petition of David Davis, of Toledo, Ohio, 

for compensation as quartermaster of the Forty-fifth Regiment, Ohio 

Volunteer Infantry, from May 1, 1863, to June 20, 1863-to the Committee on War Claims. 

ByMr.SHACKELFORD: ThepetitionofcitizensofOnslowCounty, 

North Carolina, praying for an appropriation to improve the navigation of the New River-to the Committee on Commerce. 

By Mr. SIMONTON: The petition ofW. H:Bryan, of Gibson County, 

r 

Tennessee, for compensation a-s scout and ~de in the United States 

service during ths late war-to the CoiDIDittee on W a.r Claims. 

By Mr. URNER: Pape:rs relating to the claims of Joseph E. Hill, 

of Maryland-to the Committee on Military Affairs. 

Also, the petition of the executive committee of the Maryland State 

Temperance Alliance, asking for a constitutional amendment to prohibit the manufacture, importation, and traffic in intoxicating liquor 

in the United States-to the Committee on the .Alcoholic Liquor 

Traffic. 

By Mr. VANCE: The petition of Julia A. Duncan, widow of J. G. 

Duncan, for relief-to the Committee on War Claims. 

Also, the petition of J. H. Queen, of North Carolina, for the estab-

-lishment of a post-route from Horning Creek to Gmdy Fork-to the 

Committee on the Post-Office and Post-Roads. 

By Mr. WALKER: The petition of James Haywood, Isaac Plank, 

JohnP. Blair, Daniel Mack, Captain W. F. Campbell, George H. Anderson, and others, citizens of Lycoming County, Pennsylvania., 

praying for the passage of the bill (H. R. No. 2'262) granting pensions 

to prisoners of war-to the Committee on Invalid Pensions. 

By 11-Ir. WEBBER: The petition of Samuel Stawell and 19 others, 

citizens of Michigan, for legislatio:a to regulate charges for railway 

transportation-to the Committee on Commerce. 

By Mr. WHEELER: The petition of citizens of Trinity, Morgan 

County, Alabama, for the relief of the destitute people of the mountain counties ofNm;th Alabama-to the Committee on Appropriations. 

By Mr. GEORGE D. WISE: The petition of Phillip Wellford and 

of W. H. Wesson, for relief-severally to the CommiHee on War 

Claims. 

Also, the petition of W. P. Barwell, asking that the value of cer- tain tobacco be refunded to him-to the Committee on Ways and 

Means. 

SENATE. 

MONDAY, March 6, 1882. 

Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. 

The Journal of the proceedings of Friday last was read and approved. EXECUTIVE COMMUNICATION. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of War transmittin~, in response to a resolution of January 24, 1882, information relative to the cost of Indian wars durin a' the past ten years; which, on motion of 1\Ir. HoAR, was referred to the Committee on Indian Affairs, and ordered to be printed. 

PETITIO~S AND MEMORIALS. 

:Mr. MITCHELL presented the petition of Benjamin Clark and 

others, citizens of Bradford County, Pennsylvania., praying for ths 

passage of a bill granting pensions to late Union soldiers who were confined in so-called confederate prisons during the late war; which was referred to the Committee on Pensions. . He also presented the petition of E. A. Barnes and others, citizens 

of Pittsburgh, Pennsylvania, praying for the pas age of the McKinley bill, fixing the rate of duty on manufactures of iron; which was referred to the Committee on Finance. 

1\Ir. COKE presented a petition of citiz·ens of Lee County, Texas, 

praying for legislation regulating charges for railroad transportation; which was referred to the Committee on Commerce. 

Mr. HOAR presented the petition of A. Cordson, of Franklin County 

Florida, praying compensation for property destroyed by United 

States naval forces at Appalachicola, Florida; which wa-s referred 

to the Committee on Claims. 

:Mr. ALLISON. I present a joint resolution of the General Assembly of Iowa, praying Congress to provide for the construction of a. bridge at or near Omaha. I ask that it be printed in the RECORD 

and referred to the Committee on Commerce. 

The joint resolution was ordered to be printed in the RECORD and 

referred to the Committee on Commerce, a-s follows: 

Whereas the development of the northwest portion of our State will be greatly promoted by the construction of bridges over the Missouri River above Omaha. m aid of interstate trade and commerce by railroad: Therefore, Be it resolved by the Senate, (the Hot£se concurring,) That our Senators and Rep· 

resentatives in Congress be, and they are hereby, re9.uested to vote for and to use their active influence to procure appropriate legislation by Congress to authorizethe construction of railroad and highway bridges in aid of the above-mentioned 

object over said Missouri River, in Iowa, above Omaha, upon terma and with priv- ileges eqnal to those already granted by Congress for bridges at and below Omaha.. 

Resolved, That the secretary of state be, and is hereby, instructed to transmit a copy hereof to each of our Senators and Representatives in Congress. 

Approved March 2, 1882. 

STATE OF IowA, Ojfice Secretary of State: 

I, J. A. T. Hull, secreta.ry of state of the State of Iowa, hereby certify the foregoing to be a trne and correct copy of a concurrent resolution of the nineteenth 

General Assembly on file in this office. 

In testimony whereof I have hereunto set my hand and affixed the great seal of 

the Statej at Des Moines, this 2d day of March, A. D. 1882. [SEAL. ' J. A. T. HULL, 

Secretary of State. 

1\Ir. MILLER, of California, presented a memorial of the board of 
1882. CONGRESSIONAL RECORD-SENATE. 1629 

city trustees and Chamber of Commerce of San Diego, C~liforn!a, in 

favor of the forfeiture of the land grant to the Texas Pacific Railway 

Company, within the State of California ; which was referred to the 

Committee on the Judiciary. 

He also presented a petWon of cit~ens of California, praying for 

legisl:ition to s-qppress polygamy; wh1ch was referred to the Committee on the Judiciary. l\!r. BROWN. I present the petition_ofWilliam M. Wadley1 president of the Central Railroad and Banking Company of Georgia, and numerous other citizens of that State, praying for an adequate appropriation for the improvement of the harbor at Savannah, where 

there is now a very rapidly growing commerce. I move the refer- ence of the petition to the Committee on Commerce. 

The motion was agreed to. 

1\l.r. PLUMB. I present a memorial on be~alf of certain offi~i~s 

and citizens of the State of Kansas concernmg the non-taxability 

of lands heretofore granted to railroad companies. Inasmuch as a. bill in reference to the subject is before the Committee on the Judiciary, I move that the memorial be referred t.o that committee. 

The motion was agreed to. 

Mr. INGALLS. I received a copy of the resolutions and memorial 

which have just been presented by my colleague, and supposing that 

the presentation of one copy is sufficient, I move that the copy I have 

lie upon the table. 

The motion was agreed to. 

1\fr. COCKRELL presented a memorial of the Saint Louis Cotton 

Exchange, in favor of an increaee of the Sisnal Service; which was referred to the Committee on Military Affarrs. 

He also presented resolutions of the Merchants' Exchange of Saint 

Louis, remonstrating against anychangeofthe present bridge law; 

which were referred to the Committee on Commerce. 

REVISED li.TEW ~STAME~ DUTIES. 

:Mr. MORRILL. I am directed by the Committee on Finance, to 

whom was referred the joint resolution (H. R. No. 80) in behalf of the 

American Company of Revisers of theN ew Testament for return and 

remission of duties, to report it favorably, and I ask for the present 

consideration of the joint resolution. 

The PRESIDENT pro ttJTnpo1·e. Will the Senate consent to the con- sideration of the joint resolution at this timet 

Mr. TELLER. I am not going to object to this measure, but I give 

notice that hereafter I shall object to this class of billt:! or any other 

being taken up when reported from a committee. We have on the 

Calendar a great many other measures of equal importance which 

have not been reached and which will not be reached this session if 

we go on in this way. I propose that we shall go to the Calendar, 

and no matter what measure hereafter may be called up for final 

action, when it is reported, I shall object to its present consideration. 

The Senate, by unanimous consent, proceeded to consider the joint 

resolution. 

The joint resolution was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

The preamble was agreed to. 

REPORTS OF COMMITTEF.S. 

Mr. MORRILL. I am directed by the Committee on Finance to 

report back the bill (S. No. 199) to establish a branch mint of the 

United States at Omaha, in the State of Nebraska, adversely, and I 

a-sk that it be indefinitely postponed. 

Mr. SAUNDERS. I hope the bill will go on the Calendlu'. 

The PRESIDENT p1·o tempore. The bill will be. placed upon the 

Ca.lendar at the request of the Senator from Nebraska, with the 

ad verse report of the committee. 

Mr. MORRILL. I am instructed by the same committee to report 

adversely upon the bill (S. No. 10) to authorize the payment of cus- toms duties in legal-tender notes, and Unless the Senator from Kentucky [Mr. BECK] prefers to have it placed on the Calendar I shall 

ask for the indefinite postponement ~f the bill. 

M.r. BECK. That is an adverse report by a majority of the com- mittee. I desire to have the bill. placed on the Calendar, as I expect 

to call it up at a very early day a.nd test the sense of the Senate upon 

it. 

The PRESIDENT pro tempore. The bill will be placed on the Calendar, with the adverse report of the committee. 

Mr. MORRILL, from the Committee on Finance, to whom was t•oferred a petition of citizens of Che.ster County, Pennsylvania, in 

fa.vor of Congressioo.al action to rtlgulate foreign an1l interstate com- merce, asked to be dischar~edfrom its further consideration and that 

it be referred to the Committee on Commerce; which was agreed to. 

Mr. MORRILL. I am instructed by the Committee on Finance, 

to whom was referred the bill (H. R. No. 4680) to repeal discriminating duties on tea and coffee, the products of the possessions of the 

Nether lands, to report it favorably; and as i i is a brief bill, and as it 

will take less time to pass it now than at a future period perhaps, as 

tbe1·e can be no objection to it, I ask for its present consideration. 

Mr. BECK. I wonld rather it shonld go upon the Calendar. I 

do not think we can put a tax on nothing. The PRESIDBNT pro tempore. The bil1 will be placed on the Calendar. 

Mr. GARLAND, from the Committee on the Judiciary, to whom this 

tmbj.ect was referred, reported a bill (S. No. 1384) for the relief of C. 

B. Bryan & Co., of .Memphis, Tennessee; which was read twice by its 

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

(S. No. 779) to provide for the bringing of suits by citizens of the 

United States against the Government thereof in certain cases, 

reported it with amendments. Mr. PLUMB. The Committee on Public Lands, to whom was re- ferred a message of the President of the United State , embodying a communication from the Secretary of the Interior, printed as House 

of Representatives Executive Document No. 38, in relation to additional room for the Pension Office and the General Land, Patent, and 

Indian Offices, ask to be discharged from its further consideration, 

and that it be referred to the Committee on Public Buildings and 

Grounds, with the statement that the Committee on Public Lands are advised that there is great necessity for additional room for the General Land Office, and they commend it to the collsideration of that 

committee. . The report was agreed to. 

?!fr. PLUMB, from the Committee on Public Lands, to whom was referred the bill (S. No. 1162) to amend section 2343 of the Revised 

Statutes, reported adversely thereon, and the bill was postponed 

indefinitely. 

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

(S. No. 475) for the relief of A. A. Thomas, reported it without amendment. 

Mr. INGALLS, from the Committee oh the Judiciary, to whom 

the subject was referred, reported a bill (S. No. 1382) to establish a uniform system of bankruptcy throughout the United States; which was read twice by its title. 

Mr. INGALLS. I give notice that as soon as the pending business 

is disposed of, and other mea-sures to which the attention of the 

Senate has been called are out of the way, I shall move the consideration of the bill just reported. 

Mr. HOAR. While I take as much interest in this measure as any 

Senator possibly can, and the people whom I represent, like other 

commercial and manufacturing people, have very much interest in 

it, I suppose the Senator from Kansas will not antagonize the Presidential count bill, which I hope will be di~osed of at an early day. 

Mr. INGALLS. I said that as soon as the pending business and 

other measures to which the attention of the Senate has been called are out of the way I shall press the bill which I have just reported. 

Mr. HOAR. Will the Senator from Kansas be kind enough to state 

to the Senate which of the various measures on the subject it is 

which he has reported f ~fr. INGALLS. It is an original bill from the Committee on the 

Judiciary, embodying what is commonly known as the equity system, conferring jurisdiction upon the district courts of the United 

States to hear matters in bankruptcy upon petition. 

Mr. JACKSON, from the Committee on Pensions, to whom was referred the bill (H. R. No. 4283) for the relief of Susan Marshall 

Massie, reported it without amendment. 

Mr. BECK. This is a bill to authorize the Secretary of the Treasury to pay a check which has been lost to the widow of a pensioner, on making full proof and giving bond. The pension was issued and 

the check was sent, ·but lost in the mails, and being over a thousand 

dollars-thirteeu hundred dollars and something-it cannot be paid 

without the action of Congress. She needs it very much, and it will 

not take a. minute, I think, to pass the bill. If the amount had been 

less than a thousand dollars, it wonld have been put through the 

Department without comingto Conw:ess. Itask the unanimous con- sent of the Senate to consider the bill now. The PRESIDENT pro tempore. Upon the statement of the Senator 

from Kentucky, is there objection to the present considerationff the 

billf 

Mr. TELLER. I think we had bstter let it go with the others, 

and ta.ke it up in its order. 

Mr. BECK. Very well. 

The PRESIDENT pro tempore. The bill will be placed on the Calendar. 

Mr. JACKSON, from the Committee on Pensions, to whom was referred the bill (S. No. 80'2) granting a pension to Mrs. Cornelia F. 

White, reporled it without amendment, atld submitted a report 

thereon., which was ordered to be printed. 

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

( S. No. 1212) for the relief of Catherine Phillips, submitted an ad verse report, which was ordered to be printed, and th~ bill was postponed 

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

(S. No. 771) grantino- a pension to Laura C. P. Haskins, submitted an adverse report, whlch was ordered to be printed, and the bill was postponed indefinitely. 

Mr. VEST. I am instructed by the Committee on Commerce to 

report back favorably the bill (S. No. 4.30) to incorporate the Interoceanic Ship Railway Company, and for otberpurposes, with certain 

amendments. Accompanying the bill ia the written report of the 

committee, with the evidence taken before the committee. I ask that 

the bill be placed on the Calendar, and that the amendments and evidence be printed for the use of the Senate with the report. I give 

notice now that after :the disposition of the pending order and of 

other orders before th!3 Senate, I shall ask, if the time is opporttme. 

-
1630 CONGRESSIONAL RECORD- SENATE. MARcH 6, 

that on Wednesday a w~ek the Senate shall proceed to the consideration of this bill. 

Mr. COKE. I desire to state that, as a member of the Committe on Commerce, I agreed thatthe·billshould be reported, reserving to myself, however, the right in the Senate to act upon it as my best j udgment shall dictate. 

The PRESIDENT pro tentp01·e. The bill will be placed on the Calendar, and the a-ccompanying report and statements will be printed. 

Mr. VEST, from the Committee on Public Buildings and Grounds, · to whom the subject was referred, reported a bill (S. No. 1383) to 

provide for the erection of a public building at Montpelier, Vermont, 

which was read twice by its title. 

Mr. ROLLINS, from the Committee on Public Buildings and 

Grounds, to whom was referred the bill (S. No.1361)to authorize the 

Secretary of the Interior to rent for a term of years the building at 

the southwest corner of Pennsylvania avenue and Thirteenth street 

northwest, in the city of Washington, District of Columbia, reported 

it with an amendment. 

Mr. TELLER, from the Committee on Pensions, to whom wa-s referred the bill (S. No. 725) granting a pension to S. Annie Esterbrook, reported it without amendment, and submitted a report thereon, which was ordered to be printed. . He also, from the same committee, to whom was referred the bill 

(H. R. No. 4449) granting a pension to Lucretia R. Garfield, reported 

it with an amendment. 

Mr. PLATT. The Committee on· Pensions, to whom was referred 

the bill (S. No. 248) for the relief of Mary P. Abeel, have directed me to submit an adverse report, and recommend its indefinite postponement. The Senator from New Hampshire desires to present the views 

of the mi.Ifority of the committee. 

Mr. BLAIR. I beg leave to present theviewsoftheminority, and a k that they be printed in connection with the majority report. 

Mr. PLATT. The bill will go upon the Calendar. 

The PRESIDENT pro tempore. 'rhe bill will be placed upon the 

Calendar, and the report printed, and the views of the minority will 

be printed. 

Mr. PLATT, from the Committee on Pensions, to whom was referred 

the bill (S. No. 219) for the reUefofR~becca Wright, widow of James 

Wright, a soldier of the war of 1812, reported it with an amendment, and submitted a report thereon, which was ordered to be 

printed. 

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

(S. No. 1040) granting a pension to Theodore Rauthe, reported it with 

amendments, and submitted a report thereon, which was ordered 

to be printed. 

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

(S. No. 952) granting a pension to Theodore Rauthe, asked to be discharged from its further consideration; which was agreed to, and the 

bill was postponed indefinitely. 

Mr. BLAIR, from the Committee on PeDRions, to whom was referred 

the bill (S. No. 581) granting a pension to Riley H. Smith, submitted an adverse report thereon, which was ordered to be printed, and the 

bill was postponed indefinitely. 

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

(S. No. 918) granting a pension to William Nichols, submitted an adverse report thereon, which was ordered to be printed, and the 

bill was postponed indefinitely. 

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

(S. No. 240) granting an increase of pension to Henry Strawbridge, 

reported it without amendment, and submitted a report thereon, 

which was ordered to be printed. 

BILLS INTRODUCED. 

Mr. JOHNSTON asked and, byuna·timous consent, obtained leave 

to introduce a bill ( S. No. 1385) for the relief of William A. Courtenay ; 

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

Mr. VEST a-sked and, by unanimous consent, obtained leave to 

introduce a bill ( S. No. 1386) to authorize the construction of a bridge across the Missouri River at the most accessible point at or near the 

city of Jefferson, Missouri; which was read twice by its title, and 

referred to the Committee on Commerce. 

:Mr. SAUNDERS asked and, by unanimous consent, obtained leave 

to introduce a bill (S. No. 1387) for the relief of Hansman Wiseman; 

which was read twice by its title, and, with the papers on file in the 

case, referred to the Committee on Claims. 

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

introduce a bill (S. No. 1388) for the relief of J. J. Murphy; which was read twice by its title, and, together with the accompanying letter of the Secretary of the Treasury, referred to the Committee on Claims. 

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

introduce a bill (S. No. 1389) to establish the eastern judicial Uistrict 

of Kentucky; which was read twice by its title, and referred to the 

Committee on the Judiciary. 

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

introduce a bill (S. No. 1390) to aid in the repair and construction 

of levees on the east bank of the Mississippi River, in the State of 

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

Committee on the Improvement of .the Mississippi River and Tributaries. 

He also asked and, by unanimous consent, obtained leave to introduce a bill ( S. No. 1391) to revive the grant of lands made to the State 

of Mississippi to aid in constructing a railroad from Brandon to the 

Gulf of Mexico ; which was read twice by its title, and referred to 

the Committee on Railroads. 

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

to introduce a· bill (S. No. 1392) to provide for the removal of obstructions to the free navigation of the navigable waters of the 

United States; which was read twice by its title, and referred to the 

Committee on Commerce. 

Mr. FRYE asked and, by unanimous consent, obtained leave to introduce a bill (S. No. 1393) for the relief of the Grand Trunk Railway Company of Canada; which was read twice by its title, and 

referred to the Committee on Finance. 

Mr. CAMERON, of Wisconsin, asked and, by un.animous consent, 

obtained leave to introduce a bill (S. No. 1394) relating to the public lands of the United States, and to require payment of costs in 

certain cases of trespa or conversion of material therefrom ; which was read twice by its title, and referred to the Committee on public Lands. 

He also asked and, by unanimous consent, obtained leave to introduce a bill (S. No. 1395) to restore to market and sale certain lands 

of the United States in the States of Minnesota and Wisconsin, and to 

authorize their sale subject to the right of flowage; which wa read 

twice by its title, and refertl'ed to the Committee on Public Lands. 

He also asked andJ by unanimous consent, obtained leave to ihtroduoe a bill (S. No. 1396) relating to the public lands of the United 

States, and amendatory of an a-ct entitled "An act relating to the 

public lands of the United States," approved June 15, 1880, and con- firming certain sales made thereunder; which was read twice by its 

title, and referred to the Committee on Public Lands. 

lli. V.AN WYCK (by request) asked and, by unanimous con ent, 

obtained leave to introduce a bill (S. No.1397) for the relief of Mr . Ellen J. Brosman; which was read twice by its title, and referred to 

the Committee on Claims. 

Mr. DAVIS, of Illinois, (Mr. liA. WLEY in the chair.) My colleague, [Mr . . LOGAN,] who is unable to be in attendance to-day in 

the Senate, has prepared a bill and .sent it to me with the request 

thai it be presented, which I ask leave to introduce for him. 

By unanimous consent, leave was granted to introduce a bill 

(S. No. 1398) to provide for the construction of the Illinois and Mississippi Canal, and to cheapen transportation ; which wa read 

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

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

to introduce a bill (S. No. 1399) to repeal .section 3224 of the Revised 

Statutes; w.hichwas read twice byitstitle, and referred to the Committee on the Judiciary. 

AME~'T})MENT TO Th'T})IAN APPROPRIATION BILL. 

Mr. PLUMB submitted au amendment intended to be propo ed by 

him to the bill (H. R. No. 4185) making appropriations for the cur- rent and contingent expenses of the Indian Department and for filling 

treaty stipulations, &c., for the fiscal year endin~ June 30, 1883; 

which was referred to the Committee on Appropriations, and ordered 

to be printed. CHANGE OF REFERENCE. 

Mr. JOHNSTON. On Friday last I introduced a bill (S. No.1377) 

for the relief of W. S. Kimball and others, which should have been 

referred to the Committee on Finance, but it was referred to the Committee on Claims. I move that the reference be changed and that it 

be referred to the Committee on Finance. 

The motion wa-s agreed to. 

PAPERS WITHDRAWN AND REFERRED. 

On motion of Mr. H,AWLEY, it was 

Ordered, That Charles L. Denman have leave, under the rules, to withdrMv 

from the files of the Senate the papers in his case that were laid before the Committee on Military .Affairs of the Forty-sixth Congress. 

THE MISSISSIPPI OVERFLOW. 

Mr. GARLAND. I submit a resolution which I ask may be considered at this time. 

The Acting Secretary read the resolution, as follows: 

Resolved, That .the Committee on Military Affairs be instructed to inquire into 

the necessity and propriety of increasin~ the appropriation for the purenase and 

distribution of subsistence stores to aid m the relief of the laboring classes in the 

district overflowed by the Mississippi River and ita tributaries madeunderand by Senate resolution passed February 23, 1882, and report by bill or otl:terwi.se. 

By unanimous con ent, the Senate proceeded to consider ·the resolution. 

Mr. GARLAND. I wish to make a remark in explanation of the 

resolution. It is simply one of inquiry addressed to·the Committee on Military Affairs. 

Last Thursday a week ago there was a joint resolution passed making an appropriation of ~100,000 for the purposes indicated in the 

resolution. It was a case of emergency, and immediate action had 

to be taken. The committee, a-s best advised then, thought that 

100,000 would possibly be sufficient. It was sufficient, from all the 

information I get, by way of a beginning to rescue these suffering 
1882. CONGRESSIONAL RECORD-SENATE. 1631 

people from absolute want, and, in many instances, from starvation. 

Since the passage of that joint resolution, however, I have received 

information from many sources which convincesmethatthatappropriation will not be sufficient. The overflow continues, the rising of 

the waters continues, and the suft'erfug really is beyond estimate even at this titne. 

I have telegrams and letters from different persons stating these 

facts, under which I have felt it IllY duty to call the attention of the 

Sena,te to this matter. I hold now in my hand a letter from the ~overnor of Arkansas, which I shall lay before the committee for its 

mformation. It is not necessary to have it read. I hope the com- mittee will take the subject-matter in hand immediately and make 

the necessary inquiry and report some additional relief for these 

persons. 

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

resolution. 

The resolution was agreed to. 

The PRESIDENT pro tempore. The letter a.rid other papers referred 

to by the Senator from Arkansas will be referred to the Committee on Military .Affairs, in connection with the resolution. 

PRESIDENTIAL APPROVALS. 

A mess::tge from the President of the United States, by Mr. 0. L. 

PRUDEN, one of his secretaries, announced that the President had, on the 4th instant, 3pproved and signed the following acts: 

An act (S. No. 58) for the relief of William H. Gill; 

An act ( S. No. 1046) for the relief of the Eastern Shawnee Indians 

at Quapaw agency, Indian Territory; and 

An act (S. No. 1211) making an appropriation for continuing the 

improvements of Galveston Harbor, State of Texas. 

~ l\1. PAULDING. 

The PRESIDENT pro tempore. If there be no further morning 

business, the morning hour is declared ended and proceedings under 

the Anthony rule are in order. The Secretary will read the first bill 

in order. 

The bill (S. No. 64) to amend an act granting apension to Ann M. 

Paulding, widow of Rear-Admiral Paulding, was announced as first 

in order. 

The PRESIDENT pro ternpm·e. This bill wa.s reported adversely 

by the Committee on Pensions. 

Mr. HAWLEY. The adverse report was made, I think, by the 

Senator from Oregon, [Mr. SLATER.] 

The PRESIDENT pro tempore. It was. Mr. HAWLEY. I asked that the bill be placed on the Calendar. 

I did that under a misapprehension as to what was the character of 

the bill. Mrs. Pauldin~ has a pension, and this is a bill for some arrears. I do not feel disposed to contest the report of the committee. 

:Mr. TELLER. Let the bill be indefinitely postponed. 

Mr. HAWLEY. I have no objection. Letittakewhatevercourse 

the Senator from Oregon desires. 

The PRESIDENT pro tempore. What does the Senator from Oregon wish f 

Mr. SLATER. I have no particular request to make in te~ard to 

the matter. The bill was put upon the Calendar with the adverse 

report of the committee. I ask that it be indefinitely postponed, 

unless the Senator desires further action on it. 

Mr. HAWLEY. Whateverthe Senator from Oregon desiresihave no objection to. · The PRESIDENT pro tempore. The bill will be indefinitely postponed, there being no objection. 

ALCOHOLIC LIQUOR TRAFFIC. 

Mr. FRYE. I see by reading the proceedings of last Friday that 

the bill (S. No. 861) to provideforacommissiononthe subjectofthe 

alcoholic liquor traffic was passed over without prejudice at the 

request of the Senator from Michigan, [Mr. CONGER,] as he stated, on account of my absence. That oeing so, I should like to have that 

bill taken up now in its order and disposed of. 

The PRESIDENT pro tempore. The bill is in order. 

Mr. INGALLS. That bill has been read but once, and it therefore 

is not on the Calendar for consideration under the Anthony rule. It 

can be read the second time and referred, but it cannot be considered 

under the rule we are now acting under. 

Mr. CO:NGER. The bill was introduced and placed on the Calendar for the action of the Senate. The question of referring it to a committee was discussed, and it was proposed to take action in the 

Senate upon it without a reference. I do not know that I am right 

in stating the fact, but by the suggestion of some Senator--

The PRESIDENT p1·o tempore. The bill has never received the 

report of a committee, and the Chair is of opinion with the Senator from Kansas that the rule operates upon cases that have been 

reported from committees. This bill was read the first time and 

laid on the table to be considered and discussed. 

Mr. CONGER. The bill was placed on the Calendar under the 

rules of the Senate. I understand the Anthony rule to apply to bills 

on the Calendar, and I should be sorry to have a construction that 

would throw out a bill which has its place on the Calendar. 

The PRESIDENT pro tempore. The bill .can be taken up and read 

the second time. 

Mr. CONGER. Whatever will" move it forward I should be veryglad to have done. 

1\Ir. TELLER. Let it be read the second time. 

The bill was read the second time by its title. 

The PRESIDENT pro tempore. Shall the bill be read at length t 

Mr. TELLER. I suppose it is not necessary to read the bill 

through. Let it be referred to some committee. 

The PRESIDENT pro tempore. Will the Senator from Michigan 

have it referred Y 

Mr. CONGER. Such bills, I understand, have been referred to• the Committee on Finance time out of mind. I speak of action in_ 

former sessions when I had no responsibility, not being a member of" 

the Senate, but I understand such bills have remained there 1mtil 

the close of session after session of the Senate. 

It was thought by the friends of this measure that a matter of sucfu 

importance, on which we could not get a report from a committee, 

might be taken up in the Senate and acted upon. From the conversa- tion in the Senate at the time the design was that the· bill shouldi 

not be referred to a committee, but should be pla-ced Olll the Calendar. The bill was placed on the Calendar, and it has it.s place there· now. Unless some gentleman desires to take the re~ponsibility of showing 

either by word or work that this is a bill which must be objected to 

every time it comes up, and take the responsibility of refusing the 

petition of a hundred thousand people of the United States for its. consideration I hope it may be considered now. The PRESIDENT p1·o tempore. The bill is up for consid6ration, andJ. any disposition can be made of it. A motion to refer will be entertained, and if that is vot-ed down any other disposition can be madeof it. 

1\lr. TELLER. The Senator from Michigan seemed! to be a-ddressing himself to me, as he was looking this way. I have no· objection· to the bill being considered on account of the subjeet-matter; I aiiL. 

heartily in accord with that. I shall vote for the bill, as I under~ 

stand it, on every possible occasion; but I do not know that there iS. any special reason why this bill, because it commends itself to me andl 

the Senator from Michigan as a very good bill, should not run the · gauntlet of the appropriate committee like all other bills. I do not 

believe the bill ought to be taken up and discussed under the fiveminute rule, but I shall not interpose any objection under the circumstances to a bill which I believe ought to pass. 

Mr. CONGER. I hope then the Senate may act upon it now. Mr. ALLISON. I do not quite understand the suggestion made· by the .Senator from Michigan. 

Mr. CONGER. My remark was made so that there might be 

explanations of it, for which I wait. 

1\Ir. ALLISON. The chairman of the Committee on Finance· [Mr •. 

MORRILL] is not present at this moment. My recollection is that: 

this matter has been several times referred to that committee and' 

several times reported from the committee. I remember a year or· two ago that we had a long debate upon this identical! question, and/: 

my recollection is that the bill passed the Senate. I think s'nch a bill has pa sed the Senate twice, if I am not mistakell!. 

I do not quite 1Understand why the Senator from 1\Iichigan should· assume that the Committee on Finance would not take· up this question and consideritifreferred to them. I do not want it referred to· them. If they would not, I would suggest that a select committeebe raised, of which the Senator from Michigan would be an excellent 

chairman, to consider this question. I suppose I am for the· general! 

features of the bill. I do not know what they are, as 'I have nothad the opportunity of examining them. 1 

The PRESIDENT pro tempore. Does the Senator from Iowa move· a reference of the bill to a select committee 7 

Mr. ALLISON. No, sir; I do not move that, because I do not wish. 

to interfere with the Senator from Michigan. I am ready to go on with the bill now, if he prefers that; but I only .wanted to call his. 

attention to the fact that the Committee on Finance have had the 

bill under consideration · from time to time, and have reported it,. 

and it has been debated in the Senate, andpassedtheSenate·certainlyonce, if not twice. 

Mr. CONGER. I have been misinformed, then. I heard a remark 

that that committee had not reported the bill and that there was nOt use of sending it there. I may have been mistaken. At any rate the 

bill has been discussed in the Senate heretofore-, and those· Senators· who desire to examine it have had the opportunity; and there is no- reason now why it should not be taken up and passed, if itr is properto pass it at all. 

Mr. FRYE. I will state what I understand to be the position of' 

this bill. A motion was made and entered by the Senat<>r from Mississippi [Mr. GEORGE] for a select committee to take inro consideration the petitions1 orders, and bills touching t.he alcoholic liq nor traffic. That motion or order ha.s been called up once or twice and 

then postponed. This bill was reported by the Senator from Michigan [Mr. CONGER] and placed upon the Calendar, as aU the· bills, 

resolutions, and petitions touching the same subject are now on the 

t::tble of the President of the Senate awaiting the appointment of that 

special committee. If the motion of the Senater from Mississippi can be acted upon at the present time, it certainly would hasten to some. end this matter, and relieve the Senate from the petitions and bill& on the subject. · 
1632 CONGRESSIONAL RECORD-SENATE. MARCH 6, 

The PRESIDENT pro wmpore. The Senator can move to refer the 

'bill to a select committee and reach the subject in that way, and 

then everything that lies upon the table can be referred to that com- mittee. This is a bill whlch the Senator from Michlgan introduced. 

:He did not report it from a committee ; he introiuced it hlmself as an original proposition. The Senator can now move to refer it to a 

sclect committee. 

Mr. FRYE. No; the select committee has not been appointed; 

three or four weeks have passed since the motion was entered, and 

I am afraid it will not be appointed. The PRESIDENT p1·o tempO"re. The Senator can test that now by 

moving that the bill be referred to a select committee. 

Mr. INGALLS. To be hereafter appointed. 

The PRESIDENT pro tempore. A select committee to be appointed. 

Mr. FRYE. The subject is thoroughly understood by the S.enate. 

It is true, as wa-s stated by the Senator from Iowa, -that the Fmance. Committee has reported a similar bill heretofore in the Senate, and 

it has heretofore passed the Senate, I trunk twice. I see no rea-son why the test may not be taken upon the bill itself, and save all further trouble. 

The PRESIDENT pro tempore. The bill is before the Senate. 

Mr. SHERMAN. I do not think a reference of the bill is at all 

ileoessa.ry. When the bill shall have been read, every Senator will 

have formed his mind upon it. I see no reason why it should not be 

put upon its passage. I believe myself that if a commission organized as provided for in 

the bill, selected by the President and confirmed by the Senate, would 

examine into and report upon this subject, it would be of vast benefit 

to the people of the United States. Anything that promotes good 

order and temperance, as a matter of course, is beneficial to the whole 

country. ~have no doubt that a.commission organized under this measure might be able to present statistics and information that 

would be of great value. · After all, the legislation is not of a very 

practical cha.racter, but it might tend to lay the foundation of beneficial measures both by the United States and by the several States. 

I hope, therefore, the bill will be read at length;;_ and I am ready 

to vote for it with great pleasure, and I hope it will pass. There is no necessity for a reference of the bill to a committee. There is not a single thing in it that a committee could inquire or ascertain about. 

Indeed, the purpose of the bill itself is to organize a commission of 

disinterested persons outside of Congress, who will take up the subject and do what a committee ordinarily would dp on a question of 

this kind. I hope, therefore, the bill will pass. 

The PRESIDENT pro tempore. Does the Senator desire the bill to 

be read at length f 

Mr. SHERMAN. I do not ask to have it read at length. 

The PRESIDENT pro tempO"re. Does any other Senator desire to 

have the bill read f 

Mr . .ALLISON. I desire that it may be read. I want to see whether it is the bill we passed before. 

The Acting Secretary proceeded to read the bill. 

Mr. BAYARD. May I ask what committee that is reported by f 

The PRESIDENT pro tempore. It is reported by no committee. :U 

is a bill introduced by tl':e Senator from Michigan, [Mr. CONGER.] 

Mr. B.A:¥ARD. Then I move its reference to the Committee on, 

Finance, for there is a side of this question of a very important character, touching the public revenues, that certainly should be con- sidered in connection with a measure of this kind. I may say that 

heretofore a similar bill in other Congresses has been se~ to the Committee on Finance as the proper place for its consideration. 

Mr. INGALLS. I do not know that I have any objection to the 

aaoption of this or some similar measnre1 but the Senate evidently is 

not prepared to consider it at this time Without debate. As the rules 

require that the three readings of a bill shall be on separate days, 

unless by unanimous consent, I ask that the bill may go over for further consideration to-morrow. 

The PRESIDENT pro tempore. The bill will go over until to-mor- row and be taken up then. 

Mr. CONGER. I hope- The PRESIDENT pro tempore. The bill goes over under the rule 

that the three readings must be on separate days. The motion of the 

Senator from Delaware will be entered. The bill will be called up 

the first thing in the morning. 

CAROLINE TRECKELL: 

T4e bill (S. No. 715) granting a pension to Caroline Treckell was announced as next in order on the Calendar. 

The PRESIDENT pro ternpo1·e. This bill is reported adversely from 

tjle Committee on Pensions. · Mr. PLUMB. There are some facts in that ca~e whichlthinkthe 

Committee on Pensions did not have, whlch I p116sume I shall be 

able to get in a short time. I ask, therefor~, that the bill be passed 

ove:r, retaining its place on the Calendar. I 

The PRESIDENT pro tempore. That will be done, if there be no objection. MESSAGE FROM THE HOUSE. 

A message from the Honse of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House had passed the following bills; 

in which it requested the concurrence of the Senate: 

A bill (H. R. No. 429) to provide for holding a term of the district 

court of the United States at Wichita, Kansas, and for other pnr· 

poses; . A bill (H. R. No. 797) for the government and control of the harbor 

of refug·e at Sand Beach, Lake Huron, :Michjgan; 

A bill (H. R. No. 1014) for the relief of Joseph L. Stevens; 

A bill (H. R. No. 1054) for the relief of John B. Trainer; 

A bill (H. R. No. 1136) for the relief of John H . Morris; 

A bill (H. R. No. 2141) granting a pension to Martha A. Lewis; 

A bill (H. R. No. 2756)'to settle the claim of the heirs of the late 

Colonel Stephen H. Long, of the United States Topographical Engineers; 

A bill (H. R. No. 3549) granting a pension to Mary C. Murray; and 

A bill (H. R. No. 3830) making appropriations for the consular and 

diplomatic service of the Government for the fiscal year ending Juno 

30, 1BS::J, and for other purposes. 

The message also announced that the House had concurred in tho 

report of the committee of conference on the disagreeing votes of the 

two Houses on the bill (H. R. No. 4221) to provide for certain of the 

most urgent deficiencies in the appropriations for the service of the 

Government for the fiscal year ending June 30, 1882, and for other purposes. 

The message also announced that the House had agreed to the 

amendments of the Senate to the bill (H. R. No. 3844) to establish 

post-routes. 

ENROLLED BILLS SIGNE». 

The message further announced that the Speaker of the House had 

signed the following enrolled bills; and they were thereupon signed 

by the President pro tempore : A bill (H. R. No. 2192) to establish a port of delivery at Denver, in 

the State of Coloracio ; 

A bill (H. R. No. 3844) to establish post-routes; and 

A joint resolution (H. R. No. 104) authorizing the printing of 2,500 

extra copies of the report of the health officer of the District of Columbia. H. A .• MYERS. 

The bill ( &. No. 4 72) for the relief of H. A. Myers wa~ considered as in Committee of the Whole. It requires the Paymaster-General of 

the_Army to cause to be paid to H. A. Myers late a private in the 

Eleventh Kansas Volunteers, a sum that shail be equal to the pay of a private soldier from the 17th of September, 1862, to the date of his dis~arge from the service of the United States, deducting therefrom 

any amount that may have been paid to him as such private soldier, 

and any amount that may be due from hlm to the Government. 

Mr. INGALLS. Let the report be read. 

Mr. PLUMB. I can state in a moment the facts in that case. They are within my personal knowledge. 

The PRESIDENT pro tempore. The report is very short: 

Mr. PLUMB. Perhaps the report had better be read. 

The Principal Legislative Clerk read the following report, submitted by Mr. LOGAN January 24, 188'2: 

The Committee on Military A..ffai..rs, to whom was referred the bill (S. No. 472) for the relief of H. A. Myers, having had the same under consideration, adopt the report of the Committee on Military Affairs of the Senate of the Forty-sixth Con~ess, which is as follows : Hfram A. Myers was enrolled and mnstered in, September 17, 1862~ n.s p\ivate in Company D Eleventh Kansas Cavalry, and served honorably to .July 7, 1864. 

The muster-out roll of his company, datea September 13, 1865, says: "This man enlisted in good faith, and served faithfully as a soldier from enlist- ment to July 7, 1864. IDS old enlistment papers were lost, new ones were' made 

out, and upon examination he was rejeoted by T. Sinks, surgeon, board of examin- ers of district N~ Kansas~. July 7, 18M, when he was dro:pped from the compaJlY rolls. There is aue him tor use and risk of horse and eqmpments frolll date of last 

payment to June 20, 1864, and he is indebted to the United States for horse equip- menta $31. He was last paid by Major Bowen to February 29, 18M." 

The Adjutant-General says : "There would ap:()El_ar to be no objection to this bill becomin~ a law." 

Tbe Secretary of ~r, in his letter to the committee touchfu~ this ca.so, says : " The legislation propGsed by Senate bill IGO is approved b:V this Department." Your committee, therefore, upon examining all the facts in the case, recommend 

tl}e passage of this bill. 

The bill was reported to the Senate witftout amendment ordered 

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

J~§ o'c~oR. 

Thf'l bill (S. No. 273) granting a pension to James O'Connor was announced 68 next in order upon the Calendar. 

The PRESIDENT pro temJ)ore. The Senator from West Vir~inia 

[Mr. CAMDEN] has made an a~ verse report on this bill. Unless some Senator desires to call it up hereafter, the bill will be indefinitely 

postponed. 

Mr. COCKRELL. I trust that action will not be taken postponing 

the bill indefinitely. 'fhe committee reporled it adversely solely on the ground that the Commissioner of Pensions had opened the case ~d was reconsidering it. Let it remain on the Calendar. 

The PRESIDENT pro tempO"re. The bill will be passed over and 

retain its pla.ce on the Calendar. 

H.A.RRODSBURGH SOLDIERS' HOME. 

The bill (S. No. 506) authorizing the board of comlilissioners of the 

soldiers' home to sell certain property at Harrodsburgh, Kentucky, belonging to the soldiers' home, was announced as next in order upon 

the Calendar. . Mr. BECK. In the absence of m~ colleague, [Mr. WILLIAMS,"] 

who introduced the bill, and oftheSenatorfromillinois, [Mr. LoGAN,] 

\ 

\ 
1882. CONGRESSIONAL RECORD-SENATE. 1633 

who reported it, I ask that it be passed over without prejudice, 

retaining its place on the Calendar. 

The PRESIDENT pro tempore. The bill will be passed over without prejudice, if there be no objection. 

ELIZABETH WIRT GOLDSBOROUGH. 

The bill (S. No. 743) granting a pension to Elizabeth Wirt Goldsborough was considered as in Committee of the Whole. It directs 

the Secretary.of the Interior to place on the pension-roll the name of Elizabeth Wirt Goldsborough, widow of the late Rear-Admiral 

Goldsborough, and pay her a pension of $50 per month. 

The bill was reported to the Senate without amendment, ordered 

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

EMMA SCHELL. 

The bill (S. No. 722) ~ranting a pension toUr . Emma Schell was considered a in Comffilttee of the Whole. It provides for placing on the pension-roll the name of Mrs. Emma Schell, widow of Christian 

fkhell, late of Company 1.1, Forty-fifth Regiment Indiana Volunteer 

Infantry, and afterward transferred to the Third Indiana Cavalry.· 

Tlw hill was reported to the Senate without amendment. 

Mr. INGALLS. That bill, in accordance with the uniform custom 

and practice of the Senate, should be amended by adding the word 

''and pay her a pension from and after the passage of this act." I 

snggest that to the Senator from Colorado who is chairman of the 

committee. 

Mr. TELLER. Thereisnoobjection tothatamendmentifanybody 

desires-it, but the Pension Office, as I understand, has construed laws 

of this character as only authorizing it to pay from and after the passage of the act. ~Ir. INGALLS. But, inasmuch as nearly all of these bills contain 

that provision, it ought to be introduced here. 

Mr. TELLER. I have no objection, if it is desired. 

l\Ir. INGALLS. I move the amendment, to insert at the end of the 

bill: 

And pay her a pension at the rate of $8 per month from and after the passage of this act. 

The amendment was agreed to. 

The bill was ordered to be engrossed for a third reading, read the 

third time, ancl pas~ed. 

LIQUOR PROHIBITION. 

The next business on the Calendar was the joint resolution (S. R. 

No. 29) proposing an amendment to the Constitution of the United 

States in relation to the manufacture, import.ation, and sale of intoxicating liquors. 

l\Ir. PLUMB. That resolution was introduced by me at the request 

of a large number of people, pending action of the Senate on the 

motion of the Senator from Mississippi, [Mr. GEORGE,] creating a committee to con ider that question. I will now ask that it be read 

the second time and lie upon the table awaiting that reference. 

The joint resolution was read the second time by its title. 

The PRESIDENT pro tempore. The resolution will now go to the 

table. 

RA.l"'\CHO DE NAPA. 

The next bill on the Calendar was the bill (S. No. 801) authorizing 

claimants to the Rancho de Napa, in Napa County, California, to 

prove np their title; which was considered as in Committee of the 

Whole. 

The bill was reported from the Committee on Private Land Claims, 

with amendments. 

The first amendment was, in section 1, line 3, before the word 

"lands," to ipsert the word "the." 

The amendment was agreed to. 

The next amendment was, after the word "rancho," in line 5, to 

insert" and whose claims or those of their predecessors in title have 

not been hitherto passed upon by proper authority;" so as to read : 

That the claimants to the lands siruated in Napa County, California, known as the Rancho de Napa, who deraign title through the original Mexican grantee of 

Raid rnncho, and whose claims or those of their predecessors in title have not been 

hitherto passed upon by proper authority, are hereby permitted and authorized to present their claim to said lands to the district court of the United States for the 

district of California. 

The amendment was agreed to. The next amendment was, after the word" California," in line 10, 

to in ert "within one year next after the passage of this act, and 

not afterward." 

The amendment was agreed to. 

The next amendment was, in line 14, after the word "cases," to insert" and that the claimants are entitled to have such confirmation;" so as to read : 

A ud if upon the hearing of said case it shall appear to siud court that the claim 

oftlte origiua.l grantee was good aml valid under Mexican laws relating to such cases. and that the claimants are entitled to have such confu:mation, the said court E<ltall by rlccree confirm said claim. 

The amendment was agreed to. 

Tile next amendment was, in line 18, after the word ''pre-emption " 

to strike ont "or," and in the same line, after the word "homestead>' 

to insert " or other;" so as to read: Provided, That no lands shall be confirmed to said claimants-to which there are any valirl claims existing under the pre-emption, homestead, or other laws of the 

United States at the date of the passage of this act. 

The amendment was agreed t8. 

XIII-103 

The next amendment was, in line 23, after the w0rd '' pre-emption," 

to strike out "or;" after the word "homestead," in the same line, to 

insert "or other," and in line 24, before the word" rights," to strike 

out "adverse;" so as to read : 

Nor shall any decree of confirmation affect any valid adverse right of any other 

person or per ons, or give to the confirmees, or any of them, any claim upon the 

United States for compensation for any land such confirmees may lose by pre-emption, homes~~ad, or other claims or rights as aforesaid. · 

The amendment wa agreed to. 

The next amendment was, in line 26, after the word" may," to strike 

out "be in po, ession of," arnd in e:rt "have or hold;" so as to read: 

Providedfurlltt r, That said claimants before filing their claim shall execute re· leases to any persons who may have or hold any portion of said lands, under valid 

claims under the pre-emption, homestead, or other laws of the United States, at the date of the passage of this act, to the portions of said lands so held respectively; and before renilering a decree of confirmation the said cobrt shall ascertain 

that said releases have been duly executed. 

'l'he amendment was agreed to. - The next amendment was, in section 2, line 1, after the word" that.," 

to strike ont "in ()ase said claim is rejected by said court, then said 

claimants," and insert "the United States and any party in interest;" 

and in line 4, after the word "within," to strike out "the time and 

in the manner now provided by law in like cases," and insert "six 

months next after any decree shall be entered, in the manner allowed 

in other cases of appeal; " so as to read : 

SEc. 2. That the United States and any party in interest are hereby granted the 

rip;ht of appeal to the Supreme Court of the United States, within six months next after any decree shall be entered, in the manner allowed in other cases of appeal; and the said court in the examination of the claims presented by any person under 

this act shall be governed, so far as applicable, by the provisions of the act passed 

March 3, A. D. 1851, entitled "An act to ascertaw and settle privat-e land claims 

in the State of California." 

The amendment was agreed to. 

The next amendment was, in· section 3, lino 7, to strike out" Commissionerofthe General Land Office" and insert" proper authority;" so as to read : 

That the United States surveyor-general for California is hereby directed, upon 

the filing in his office by said claimants of a. certified copy of a final decree of con- firmation, under the provisions of this act, to cause said claim to be surveyed as other claims of like nature are now surveyed under existing laws ; and upon the 

approval of said survey by the proper authority a patent shall issue to said claim- ants in the usual form. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amendments were concurred in. 

The bill was ordered to be engrossed for a third reading, read the 

third time, and passed. S~S F. FIELD. 

The next bill on the Calendar was the bill (S. No. 315) for the 

relief of Silas F. Field, one of the sureties on the bond of John G. Halliburton, deceased, late marshal of the United States in and for 

the eastern district of Arkansas. · The PRESIDENT pro tempore. This bill is reported adversely from 

the Committee on Finance. 

Mr. INGALLS. Let it be passed over. The PRESIDENT pro tempore. The bill will be passed over. 

MILITARY WARRANT L.U.""D LOCATIONS. 

The next bill on the Calendar was the bill (S. No. 67) to authorize 

the Secretary of the Interior to ascertain and certify the amount of 

land located with military warrants in the States described therein, 

and for other purposes. 

:Mr. MORRILL. In the absence of my colleague, [Mr. EDMUNDS, ] 

who wants to be heard on the bill, I object to its consideration. 

Mr. ALLISON. I hope it will be pas ed over without prejudice, 

if I understand what it is. 

The PRESIDENT pro tempore. It will be passed over without prejudice if there is no objection, to b6 called when the Senator from 

Vermont is here. WILLLUI M. l\1A YXADIER. 

The bill (S. No. 254) for the relief of Major William l\1. Maynadier, a paymaster in the United States Army, was considered as in Committee 

of the Whole. It provides for the payment to William l\1. Maynadier of 3,726.50, the amount paid by him into the Treasury of the 

United States in liquidation of a deficiency in his aecounts as pay- master at Pre cott, Arizona Territory, caused by robbery committed 

by his clerk, D. D. Chandler, at Prescott, April3, 1876, as shown by 

the finding and report of a board of inquiry appointed by General 

Kautz, commanding that military department, to investigate the cir- cumstances of the loss; and also the further sum of 100 paid by 1\-fay- nadier for the arrest of Chandler, the restoratien of both sums having 

been recoffil11ended by the board of inquiry. l\lr. McMILLAN. I there a report in that case l If there is, I 

hould like to hear it read. 

The Principal Legislative Clerk read the following report, submitted 

by 1\Ir. HA..'1PTON on the 24th of January: 

The Committee on Military Affairs, to -whom was referred the bill (S. No. 254) 

for the relief of Major William M. Maynadier, paymaster United States A.nny, having considered the same and accompanying papers, submit the following report: That under date of January 17, 1882, your committee called on the ecrctary of 

War for a. copy of the proceedings of a board of otficers convened at headquarters department of Arizona November 17,1876, pursuant to special order No. 138, dated 

headquarters department of Arizona, November 6, 1876, to examine and report 

upon the loss of public funds, for -which Major William M. Maynadier, paymaster 

' 
1634 CONGRESSIONAL RECORD-SENATE. MARCH 6, 

United States Army, is responsible, r eported to have been stolen from his office safe 

by an abscon~~ ~Jerk; which record is now on file in the committee-room of the 

Committee on lllilitary Affairs of the United States Senate. Your committee find 

the facts to be as stated in the finding of the board. which said finding is hereto 

annexed and made part of this report, and is as follows : "In conclusion the board find that MaJor Maynadier was on duty by proper authority as paymaster at Prescott, Arizona; that be was duly authorized and 

required to k eep public money in a safe provided for the purpose, there being no depository available; that be did so keep public money, though not .in excess of 

what the service at his station requ,ired; that the safe provided for him was a large 

fire and burglar proof one manufactured by Jonathan Kitritlge, of San Francisco, bam~ two combination locks. the outer one being T. E . .Bw·well's and the inner one 'Young's Rotary Combination;' that Major Maynadier never made known 

these combmations; that said safe appears to be a good and secure one; that the 

clerk, D. D. Chandler, was well recommended and apparently capable and trust- worthy; that on March 31, 1876, Major Ma.ynadier bad in his safe what under a oustomarily careful connt appeared to be $4,081.11; but there should have been $4,228.4-G; that on Monday, April3, 1876, be fonnd in his safe only $211.46, the ual· ance, $4,017, havin~ been stolen by Chandler, who afterward retw'lled $290.50, leav- in,. the amount actually lost by Major Maynadier $3, 726.50. "1. 'Ihe following tabular statement will snow more briefly the exact state of the case: 

Amount shown as on band by statement of April!, 1876 .... · ............ $4, 081 11 Amount received in March, 1876, but not reported until May, (effects of 

deceased soldier).............................................. . ...... 147 35 

True amouvt for which MaJor Maynadier was responsible.............. 4, 228 46 .Amount found in safe after burglary.................................... 211 46 

Total amount stolen·. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 017 00 

Amount returned by Chandler upon his arrest.. . . . . . . . . . . . . . . . . . . . . . . . . 290 50 

Amount actually lost.............................. . ..................... 3, 726 50 

"Under instructions of the Paymaster-General, Ml\ior Maynadier has refunded 

the amount lost, but so far as the board can ascertain it believes Major Maynadier 

exercised due care in the keeping of the public mone;r intrusted to him, and therefore recommends that he be relieved from responsibility for the loss of the $3, 726.50, 

and that this amount, increased by the $100 paid by Major Maynadier for the ar- rest of Chandler, makinj! a. total of $3,826.50, be restored to Major W. M. Maynadier, paymaster United States Army. " There being no further busine s before it, the board adjo=ed sine die. 

"JOHN SIMPSOX, 

"RODNEY SMITH, "Major and Payma.stM-, U.S . .A., President. 

"C. A. REYNOLDS, " Major and Quartermaster, U. S . .A., Member. 

· "Captain and Assistant Quartermaster, U.S. A., RecordR:r.'' 

The finding of the court of inquiry is approved by the commanding general 

Department of Arizona. and the Paymaster-General of the Army. 

Upon these facts your co=ittee believe that Maynadier is entitled to relief. 

Therefore Senate bill No. 254 is reported back with recommendation that it pass. 

The bill was reported to the Senate wit hout amendment, ordered 

to be engro ed for a third reading, read the third time, and pa sed. 

.ANGUS AU~Y. 

The next bill on the Calendar was the bill (S. No. 230) granting a pension to Angus Mc.Anley. 

Mr. INGALLS. Regular order, Mr. President. 

The PRE IDEN'l' p1·o tempore. The bill goes over. The hour of 

half past one has arrived. 

Mr. CALL. I hope the Senator from Kansa-s will allow the bill to 

pas. 

Mr. INGALLS. I ask for the regular order. 

The PRESIDENT p1·o tempore. The bill will come np in the morn- ing. The hour for the consideration of the unfinished business has 

arrived. 

HOUSE BILLS REFERRED. 

The following bills from the House of Representatives were sever- ally read twice by their titles and refeiTed as indicated below : .A bill (H. R. No. 429) to proyjde for holding a term of the district 

court of the United States at Wichita, Kansas, and for other purposesto the Committee on the Judiciary. 

.A bill (H. R.No. 797) for the government and control of f,he harbor 

of refuge at Sn,nd Beach, Lake Huron, Michigan-to the Committee on Commerce. 

.A bill (H. R. No. 1014) for the relief of Joseph L. Stevens-to the 

Committee on Post-OfficeM and Post-Roads. 

A bill (H. R. No. 1054) for the relief of John B. Trainer-to the 

Committee on .Appropriations. 

A bill (H. R. No. 1136) for the relief of John H. Morris-to the 

Committee ou Finance. 

.A lilill (H. R. No 2141) granting a pension to Martha .A. Lewisto the Committee on Pensions. 

A bill (H. R. No. 2756) to st'ttle the claim of the heirs of the late 

Colonel Stephen H. Long, of the United Stn,tes Topographical Engineers-to tho Committee on Claims. 

A bill (H. R. No. 3549) granting a pension to Mary C. Murrayto the Committee on Pensions. 

.A bill (H. R. No. 3830) making appropriations for the consular 

and diplomatic _foervice of the Government for the fiscal year ending 

June 30, 1883, and for other purposes-to the Committee on .Appropriations. 

URGENT DEFICIENCY APPROPRIATION BILL. 

}.lr. ALLISON submitted the following report: 

The committee of conference on the disagreeing vote. of the two Houses on the 

amendments of tbe Senate to the bill (H. R. No. 4221) to provide for certain of tho most ur~ nt deficiencies in the appropriations for the service of the Government 

for the fiscal year ending .June 30, 1882, and for other purposes, having met, after 

full and free conference have agreed to recoDlDlend, and do recommend to their r espective Houses as follows: 

That the Senat-e recede from its amendments numbered 1, 3, and 16. 

That the House recede from its disag"reement t{) the amendments of the Senate 

numbered 4, 5, 6, 8, 9, 10, 12, 13, 14 "17, 11!, 20, 21, 29, 30, 31, 34, 36, 38, 41, and 42, 

and agree to the same. Amendment nnm bered 15: That the House recede from its disagreement to the 

amendment of the Senate numbered 15, and a?f.ee to the same, with an amendment as follows: In lieu of the sum proposed insert '$3,000; 11 and the Senate agree to tlle same. Amendment numbered 22: That the House recede from its disagreement to the 

amendment of the Senate numbered 22. and agree to the same, with an amendment as follows : In lieu of the sum proposed insert "$100, 000; 11 and the Senate ~<Tree to the same. Amendments numbered 28, 32, 35, and 37: That the House recede from its disagreement to the amendment of the Senate numbered 28, and agree to the same, with an amendment as follows: Transfer amendments numbered 32, 35, and 37, 

and insert the same in the order named as new paragraphs after amendment num- bered 27, and insert as a new paragraph after amendmeut numbered 28 the following: 

"For contingent expenses of the Senate: 'Miscellaneous items,' the sum of 

$14,331.20, as follows. 11 

And the Senate a!ITee to the same. Amendment num'i>ered 33: That the House recede from it~ disagreement to the 

amendment of the Senate numbered 33, and agree to the same with an amendment as follows: "In lieu of 'six' in line 1 of the amendment in. ert 1 seven,' and in lieu 

of the sum named in line 5 of the amenllment insert 1 $3,780.' 11 

And the Senate agree to the same. 

The report was concurred in. 

W. B. A.LLISO:Y, P.B. PLUMB, 

J AS. B. BECK, 

Managers on the part of the Senate. 

FRANK HISCOCK 

GEO. M. ROBESON, 

s. s. cox. 

Managers on the part of the House. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House had passed a bill (H. R. No. 1514) 

appropriating $100,000 for continuing the work on Davis Island dam; 

in which it requested the concurrence of the Senate. 

ENROLLED BILLS SIGNED. 

The message also announced that the Speaker of the House had 

signed the following enrolled bills ; and they were thereupon signed 

by the President pro tempore : .A bill (S. No. 892) for the relief of Warren Hall; 

A bill (S. No. 1233) to amend an act entitled ".An act to provide 

for the construction of a. marine hospita.l in the city of :Memphis, 

Tennessee ; " and 

.A bill (H. R. No. 4221) to provide for certain of the most urgent 

deficiencies in the appropriations for the service of the Government 

for the fiscal year ending June 30, 1882, and for other purposes . 

HOUSE BILL REFERRED. 

The bill (H. R. No. 1514) appropriating $100,000 for continuing the 

work on Davis Island dam was read twice by its title, and referred 

to the Committee on Commerce. . CHINESE llnUGRATION. 

The Senate, as in Committee of the Whole, resumed the considemtion of the bill (S. No. 71) to enforce treaty stipulations relating to 

Chinese, the pending question being on the amendment proposed by 

Mr. L'\GA.LLS to the amendment of the Committee on Foreign Relations in section 1, line 4, after " of" to strike out "twenty" and 

insert "ten." 

Mr. SLATER. Mr. President, it was not my purpose to say anything upon this bill, and I shall not now detain the Senate beyond a few minutes. I would not occupy one moment of time were it not 

that entire silence might be construed into a lukewarmness of support. I am in hea.rty accord with the promoters of this bill, and 

trUBt that it may pass substantially as it came from the hands of the 

committee. The only fear that I have is that it may not prove as efl'ectual in checkipg the influx of Chine e laborers as its promoters 

hope and expect it will. It may turn out after a time that its provisions can be systematically eva.ded, but this will come not so much n:om the bill itself as from the provisions of the treaty under which 

it is drawn, the defect being one difficult to meet with 'legislative 

provisions. 

The bill is drawn in accord with the provisions of the treaty, and 

whatever of defects there may prove to be in its provision.s when it 

shall go into operation will have to be referred to the narrowness of 

the treaty stipula.tions in conformity with which it iB constructed. 

It cannot be disguised that the treaty of 1880 is so constructed that 

there is danger that no legislation, however carefully prepared, if 

kept strictly within its provisions, will be certain to save it from 

proving to be a snare and a delusion. Under the treaty we may su ·- pend for a limited perjod the comina- of laborers from China to tlw 

United States, but the coming of other classes for other purpo es i. 

unrestricted, and the rjghts which they may enjoy n,re made cw11 

greater than they were under the Burlingame treaty. They run,y c ot:t•l 

without limit as teachers, professors, traders, and mercbauts, nud 

when here are to enjoy all the privileges oftbe citizens and suujt t;l :; 

of the most favored nation, and being lawfully within tho n i t e<-t 

States under treaty stipulations may they not change their vocatiow; 

and become laborers f .As citizens and subjects of other nat~ons t ht·_v 

would certainly have this right. 

Possibly the treaty carries with it the power to extend legislation to 

the prohibiting of any Chinese other than laborers from engaging iu 
1$S2. CONGRESSIONAL RECORD-SENATE. 1635 

the labor avocations of the country during the suspension of the com- ing of Chinese laborers, but the difficulty of enforcing such a provision would in my judgment render it of little value. It may be humiliating to confess, but the facts are, our commissioners who neO'Otiated the late Chinese treaty were unequal to their ta k, and falled 

to properly accomplish, or even to comprehend, the work assigned 

to them. And I fear, sir, that we of the Pacific coast will yet regret 

that we ever consented that this treaty might be finally consum- mated. But, like drowning men who catchatanythingwhich promises the possibility of escape from peril, we were unwilling to 

make opposition to this treaty, fearing that nothing better might be 

outaineu in any reasonable time, and also hoping that legislation 

nn<ler its provisions might be so framed as to check the tide of 

Chinese immigration to our coast until such time as the morbid and n nnatural, thongh prevailing, craze about the uni ver a1 brotherhood 

of man might in some uegree sub~ide and wiser counsels prevail. 

\Vhat was needed was the assertion authoritatively of our abso- lute right to control this imnrigration in our own way and in our own good time-the assertion of our right to terminate Chinese immigration absolutely and unconditionally when and as we please; and 

above all(l over all the assertion of our right as a nation to do just w bat China l1as always done under the Burlingame treaty as respects 

citizens of the United States traveling or residing in China, and that 

is the right to prohibit Chinese residing or traveling in thA T].nited 

States from <'ngaging in any of the labor avocations of the country. 

That is what was needed and what should have been insisted upon, 

ancl if we had had a foreign policy worthy a nation of fifty million 

people it is what would have been exacted, not as a concession from 

China but as a right belonging to us as a people and nation and as inhering to onr overeignty. It is humiliating to an American to read thi later treaty and find 

from its terms and provisions that the United States is placed in the 

attitude of a recipient of favors from the hands and by the gracious 

benignity of the imperial Government of China, as if this country was a dependency. By its terms and provisions we are restricted in 

the exercise of rights which pertain to our Government as a sover- eign State and which are important and necessary to the protection 

of the interests of our own citizens and to the preservation of the 

very form and substance of our own Government. 

Since the promulgation of the Burlingame treaty the subjects of 

China have come to the United States and passed freely through every 

part of it. They have traveled upon our stages, steamboats, and rail- roads; t.hey have gono singly and in small numbers into any and 

overy part of it without molestation and in perfect safety; they have 

worked in our mines, as servants, as cooks, as common laborers, as mechanics and artisans, and have been allowed to engage in any 

business they desired to; and, with rare exceptions, have been un- mole ted, and always found protection when protection was needed. 

How has it been during aJl that time with the citizens of the United 

States in China' Have they been allowed to enter China at any 

and all points or to en~a~e in any of the labor avocations of the 

country J No, sir. Only m certain cities have they been permitted 

to come, and these have been limited in number, and even in those 

cities our citizens have been restricted to defined and designated 

limits, and they are not permitted to engage in any of the labor a vocations of the country, but are restricted to commercial business, 

aud not even permitted to engage in the internal trade of the c01mtry. 

If they venture out of the prescribed limits for foreigners in the 

cities where they are per~tted to come, or if they venture into the 

counh·y beyond the distance allowed, they do it at the peril of their 

lives. The Burlingame treaty was very unequal in its terms, and in its 

practical operation it was still more so. The commission sent to 

negotiate the new treaty seem to have overlooked these inequalities, 

and yet the agitation which led to their being sent out ought to have 

been a sufficient notice to them of these matters. Evidently, how- ever, they and the power that sent them on their mission were so fnlly imbued with that theory of the modern philanthropist which 

takes to its embrace "all the world and the rest of mankind" with- on t regard ''to previous condition of servitude," and makes but little 

inquiry as to the degree of development reached by its proteges in 

the process of evolution from lower forms, that the most important 

part of their mission, the assertion of the inherent right of a nation or people to control in its own way t he admission into its own terri- . tory and among its own people of foreign elements, incongruous with 

:tnd dan~erous to the peace, happiness, and good order of its own commumty, was overlooked or subordinated to mere idea. 

The advocates and promoters of this bill are met with the objection that the principles upon which it rests areviolative ofthe right 

of expatriation which we as a people have so long and so persistently 

proclaimed. Wby, Mr. President, this is strange reasoning; the 

application of these principles can have no kind of application here. The circumstances under which we have so often asserted the fundamental right of every man to sever his relation with his native 

country does not and cannot apply to the relation the Chine e immigrant seeks to maintain in this country. We have asserted the right of expatriation in behalf of our adopted citizens when and wherever 

the governments from whence they came sought to enforce upou 

them obligations supposed and claimed to exist by reason of their 

having been born within their jurisdiction. \Ve asserted the principle because we had taken upon ourselves the obligation of giving 

them protection for their allegiance-correlative obligations a-ssumed 

when we received them into our political commuruty. Certainly, 

sir; the Chinaman, according to our theories w bich we have made the 

basis of our political structure, has a right to expatriate him elf from 

his nathe country and abjure the authority of his emperor and government, but does that clothe him with the right to demand .admi - sion into the social compact of any other country or community 

without the consent of such community T 

Why, sir, the mere statement of such a proposition carries with it 

its own refuta.tjon. No principle is better settled in international law 

than that aliens can acquire no other or greater right in or among a people to whom they would attach themselves than such people 

may or will accord them. The very right to come at all is derived 

not from the alien himself ~or yet from the country whence he comes, 

but from the people with whom he would form new relatjons. 

Again,$', we are told that in this legislation we are treading backwanl ami for akin(J' the principles and traditions upon which our father one hru1dred years ago laid the foundations of government, 

and the Declaration of Independence is invoked as a sufficient argument and showing of this statement. The right to the pursuit of 

happiness is asserted as conclusive of the whole question. No one will deny the axiomatic and self-evident truths of the Declaration of lndepend~nce respecting human rights, but that they apply in this case may well be denied. The pursuit of happiness is certainly the 

inalienable right of every human being, but that pursuit must be 

regulated by human society and by human laws. It might be a great source of happiness to the highwayman to meet the honorable Sena- tor from Mas achusetts [Mr. HoAR] J,lpon the highway and forcibly 

take from his posse sion his pur . Necessitous hunger and privation might impel to such an act, and the gold or currency that pur e might be expected to contain would bring numberless benefits and 

blessings, not only to the highwayman, but also to those who might 

be dependent upon him; but the law of society steps in to protect 

the citizen in his right to go unmolested about his pmsuits, and pro- nounces such acts criminal and affixes severe penalties to their com- mission. So it is daily demonstrated in a thousand ways that the pursuit of 

happine sis circumscribed and limited by the laws and necessities 

of organized society. What is true of the individual members of a community in this respect is equally true of nations and peoples, and 

al o true of individuals leaving their native land in search of hap- piness and to better their own condition among another people in 

another country. They have no right in the pursuit of their own happine s to inflict injury upon the people of other communities. To assert the right of aliens to impose themselves upon or into com- muruties to which they are alien without their consent and to their 

detriment, is to assert a principle, when carried to its logical conse- quences, subversive of all human government. Such a principle 

leads inevitably to anarchy. The law of life and self-preservation 

is as important and uecessru:y to communities as to individuals, and 

is as inalienable an_d inherent in the one case as in the other; and no principle is more :firmly imbedded in the ethics of international law 

than that it is both the right and the duty of the paramount authority in every state, in whatever form that authority may be vested, 

and however it may be exercised, to protect the state and the people of the state from aJl and every evil that may threaten its safety or menace the interests, prosperity, or happiness of its people, be 

they few or many, and herein alone can be found justification for a re ort to the arbitrament of war. Disgui e it as we may we cannot longer fail to recognize the fact 

that western civilization has met the eastern upon the shores of the 

Pacific. The westward march of the Caucasian has there met the same teeming hordes that generations ago gave a westward direction 

to his tireless energy by imposing on hil:l east a living wall of Asiatics, 

impossible to pass or overcome. The Pacific Ocean until recently had 

proved an impassable barrier and no Mongolian bad ever passed to 

its ea tward shore. Bnt recevt developments in steamships and the 

establishment of lines of stean Jommunication between San Fran- cisco and the open ports of China and Japan havt) practically con- nected the two continents and bridged the intf>.rvening sea. So that 

for a few dollars a Chinese immigrant can come from any of the ports 

of China to San Francisco. At first but few came, some returned, and a larger number followed, and in that way the tide of immigrants 

swelled to considerable proportionA. Almost from the first their com- ing was objected to, and as its e1i'ects became more and more appar- ent this opposition became more and more pronounced, until within 

the last even or eight years it has been greatly intensified, and by its 

univer ality a well as intensity has served to hold in check and to 

keep down and diminish the number of Chinese coming to the Unitecl 

States. From 1 r-o to 1880 more than 200,000 Chine e landed on the Pacific 

coast. The census of 1 0 shows that there were in that year 105,000 

remaining iu this country; but per ous well info:rmecl in the customR 

and manners of the Chinese affirm that this i. far below the correct 

figures. The mallness of their present numbers as compared to the 

total population of the country has been strongly contrasted and 

urged as a reason for discr ditin~ the earnest statements of the people 

of the Pacific States and Territories that this Chinese population is a menace to good order and O'Ootl goyernment and the best interest 
1636 CONGRESSIONAL RECORD-SENATE. MARCil 6, 

of the people there. But the fact is overlooked that even according 

to the census there are 75,000 in the State of California, and some ten thousand in the State of Oregon, while the appeal of the Trades 

A embly of California, quoted by tha honorable 8enator from Dela- ware [:Mr. BAYARD] on last Friday, estimates, after inve tigation, 

the Chine e population of California at 150,000, or 20 per cent. greater 

than the male whites capable of bearing arms. From this it would seem that the adult Chinese male laboring element in California was very nearly equal to the adult white laboring element. If, however, 

the ceu us report be taken, then they constitute something like one- half of the male lab01ing element in that State. 

But we are told by the honorable Senator from. Massachusetts that 

the Chinese are the most easily governed race in the world; that 

every Chinaman in America has four hundred and ninety-nine Americans to control him. But the honorable Senator omitted to state 

that of the four hundred and ninety-nine Americans four hundred 

and eighty-seven of them were from one thousand to thre~ thousand 

miles away from where the evils of Chinese emigration are being 

felt. Why, sir, in the Pacific States and Territories beyond Utah 

there are, according to the census reports, one Chinaman to every 

twelve of the white population, and I have no doubt that if the exact 

munbers of the Chine e population could be ascertained that the mtio 

would be one to every eight or ten of the white population. Carry 

this ratio throughout the United States and there would be a Chinese 

popnlation of adult male laborers of near 5,000,000 to compete with 

whiie labor, to depress and demoralize it by underbidding and bringing it down to starvation prices. Let me bring it a little clo er, Mr. 

Pre ident. :Ma achusetts has a population of 1,758,000. Now let 

the Senators of that State add to that population 175,000 adult Chi- nese laborers to compete with and underbid the workingclas es and 

they may be able to form some jn t conceptions of the condition of 

the poor laboring classes in the Pacific States and Territories. 1\Iy 

impression is that there would be a mall-sized bedlam in Massachusetts under such a state of facts. Pennsylvania has 4,:282,000 population. I ask her Senators what effect it would have upon the la.boring 

population oft he great State to send into it 400,000 able-bodied laboring Chinese to depress the labor market in. the struggle and com- petition that would ensue. The State of New York has a population 

of over 5,000,000; let the Senators of that State reflect what would 

be the effect of letting in 5061000 Chinese laborers to compete with 

their laboring population. It Senators will but reflect- upon these 

f:wts they can readily comprehend how it is that there is such a won- derful unanimity in sentiment in every locality where the blight of 

this immigration has been felt; they will no longer be surprised at 

the stead~' and growing opposition to that class of immigrants, an oppo it.ion o universal that in a secret vote by concealed ballots no more than 00 votes were given favoring this immigration to 150,000 

a_gain tit. 

Mr. President, the honorable Senator from Massachusetts [Mr. 

IIOAR] asked "\Vhat ar~mnent can be urged against the Chinese 

which was not heard agamst the negro within livingmemoriesY" I 

do not so ppose that I can satisfy the honorable Senator of the falla,cy 

of hisrea oning, but I may call attention totheutterwant of any par- a lleli m between the relations of the negro to the people of the United 

tate and tllat of the Chinese, who desire to come amoug us as immigrants. The negro was native to the soil, born and bred within our juri diction, speaking our language, having, in a large degree, our civilization, and adhering to our religion. He was with us, if not 

of us; his ancestors were brought here against their will, and the gen- eration ,vith which we had to deal had no land, clime, or country 

to call their own except the land in which they were born, and no tie with any people or race except those with whom they had been 

reared. From necessity they were to remain with and of us; the only qu~ tion, was what should be the relation. 

The Chinese are aliens, born in a foreign land, speak a foreign 

tongue, owe allegiance to a foreign government, are idolaters in re- ligion have a different civilization from ours, do not and will not as imilate withourpeople, come only to get money, and return; and 

they are inimical to our laws, evade them whenever and wherever 

they can. So numerous are they at home in their own eountry that 

ex..istence among the lower orders of their people is, and has been for 

centuries, a struggle for existence, and through this cea-sele s struggle they have developed into a race of people of such character and 

physical qualities as to be able to exist and thrive where and under 

conditions the white man would perish and die out. Therbring 

their customs with them, and persistently adhere to and retain them. Having the protection of our laws they systematically evade and 

violate them. They persistently and secretly maintain a oode of 

laws and a form of government of their own, which they enforce with 

eeming certainty and effectivene s. Those who come a immigrants are of the lowest orders of the Chinese population, largely criminal. 

They bring with them their filth and frightful and namele s diseases 

and contagions. They bring no families as a general rule, but num- bers of their country wom~n are brought for purposes of prostitution, and are bought and sold among themselves as slave , and onr la.ws and courts are powerless to p1·event it. ·They enhance the cost 

of government, and increase the burdens of taxation, while they ontribute practically nothing in the way of taxes. Their labor is 

essentially servile, and is demoralizing to every cia of white la,bor 

with which it comes in competition. 

These, sir, are the people for whom the honomble Senator would 

open ·wide the door of admission, or, being open, would refuse to close 

it, but rather invites the e hordes of heathens that swa,rm like ra.ts 

in a cellar and live in filth and degradation along the sea-coast of 

China to come a.nd compete with and degrade American labor, and 

compares them to the colored people born and reared in America. 

The negro i thoroughly American, if he is not Caucasian; the Chi- nese are neither Cauca ian nor American, bnt are alien to our race, 

customs, religion, and civilization. The bill is not directed again t 

those already here, but against the hordes that threaten to com . The terms of the treaty place tho e here beyond the reach of legislative enactment, and effort i now being made to bring in a large 

number of Chinese laborers before legislation can be had. Last year's 

immigration was over 20,000. This fact sufficiently demonstrates 

their purpose to come. :Mr. Pre ident, thirty-two years ago last September I camped on tbe 

banks of the acramento River, where the city of that name now stands, then a city of tents. There I fir t met the Mongolian; from 

that date to the pre ent time I have been familiar with them. I have seen them ingly and in crowds as they pa ed through the country from. one section to another traveling on foot with their bamboo sticks and 

baggage; have seen them in the mines by tens and by hundreds, and 

in the towns and cities, where they congregate at times in great num- bers; have seen them on the witnes tand, in the courts as litigant 

and criminals; have prosecuted them and have defended them in 

the courts. From this experience and observation I have formed 

the deliberate judgment that it will be a serious mistake to allow 

this tide of' immigration to continue without re triction. After care- ful and thoughtful study of this whole matter I have settled down 

in the conviction that they should be prohibited from entering the 

labor avoca,tio~s of the country, leaving them the right to come for 

commercial purpo es, for travel or curio ity, as the Burlingame trea,ty 

left them. I hope, Mr. President, the bill will pa-ss substantially as reported. 

Mr. CAMERON, of ·wisconsin. Mr. President, I voted against the 

bill that pas ed the Senate on the 15th of February, 1879, entitled 

"A bill to restrict the immigration of Chinese to the United States." 

It is my purpose to vote for the pending bill, and I desire to say :L 

woTd in explanation of my vote. 

The Chinese question as presented. by this bill is very different from 

the que tion pre ented by the bill which encountered the Presidential veto in 1879. Then ·one of the contracting parties to a treaty, 

t-o a contract between natives, propo ed to abrogate such trea,ty 

without the consent of the other contracting party. 

There can be no qne tion that Congres , pursuant to the first artie le 

of the treaty concluded between the United States and China, on, th~ 

17th of November, 1&:l0, while maintainingthemostscrupnlou good 

faith toward China, may enact the proposed le(J'islation. 

The object oft~ bill is to regula:te and limit t'h~ con;ting of Chinese 

laborers to the Uruted States. This proposedleg1slat10n IS expressly· sanctioned by the article of the treaty already referred to. 

The population of the Chinese Empire, according to the most reliable anthoritie , exceeds four hundred millions. 

The Pacific States, for thirty years, have been receiving immigrants from this overflowing Asiatic hive. It is true that the censuR 

of 1 0 shows that le s than 200,000 of these immigrants now remain 

in the United States; and the number now entering onr ports do not 

exceed 3,000 a month. These figures are not very startling or alarming; but when we take into consideration the fact of the ilil.Olen e ancl overflowing population of China, and the further fact that the 

entire cost of bringing a Chinese laborer from Shanghai to San Francisco does not exceed $12, we must, I think, admit that China can, if 

no restriction be placed upon theimmigrationofherlaborershither, 

pour countless thousands of them into the ports of California and 

Oregon. 

When recently in San Francisco, I was informed by Colonel Bee, 

the Chine e consul-general, that all the Chinese who have immigrated to the United States were inhabitants of one province, which 

province is not larger in extent thn.n the State of New Hampshire. 

The Chinese as a people are doubtle s shrewd, calculating, and farseeing. The great rna s of Chinese laborers in their native country are poor, and do not dwell in physical comfort. They are not opposed to immigration. If they can improve their physical condition 

by coming to tbe United States they will come, if there be no limitation or restriction upon :their coming. I am informed by the junior 

Senator from Nevada, who has traveled in China wherever a foreigner is permitted to go,·and who is thoroughly conversant with the 

condition of the Chinese in the Pacific States, that the physical con- dition of Chinese laborers in America is much better and hlgher than 

that of laborers in China. 

I believe that unless Congress adopts tringent restrictiva legislation that multitudes of Chinese laborers-cooly laborers-will immigrate to our Pacific States. I have en this morning a tt"l€'gnnu from Portland, Oregon, stating that the Six Compa.nies are now lwr- rying ten thonsancllaborers into Oregan, who are to be employed in 

constructing the Northern Pacific Railway. 

I am one of those who believe that either the Anglo-Saxon l'IH'O 

will possess the Pacific slope or the Mongolian race will posse s it.. 

By adopting restrictive legislation it IS believed we can preserve the great States and Territories of the Pacific slope for our own race. 

• 
1882. CONGRESSIONAL REOOR,D-SENATE. 1637 

We have a right, under our treaty with China, and accordin~ to the 

laws of nations, to enact the legislation proposed. I am satisfied it 

is for our interest to enact it. Having the legal right to enact it, 

and it being for our interest to enact it, I favor and shall vote for 

this bill. 

Mr. GEORGE. Mr. President, I have many reasons which impel me to give my most hearty support to this bill, as well as to the 

amendment proposed by the Senator from Oregon [Mr. GROVER] and 

to the amendment offered by the Senator from California, [1\Ir. FARLEY.] I shall mention now only two. I shall give it my support, 

first, because the white people of the States mostly affected by Chinese 

immigration with almost entire unanimity desire its passage. For 

the present, at least, the evil and wrong intended to be remedied by 

the bill are in the main local, spending thAir greatest force on the 

Pacific States. These States complain, and I think they complain 

justly, of the effects of Chinese immigration upon their welfare and 

prosperity. These compla,int are real, based on actual grievances 

of a most serious character. They do not have their origm in mere sentiment and theory ; they are not mere apprehensions of injury to· come hereafter; but they set forth wrongs now being felt, evils now being endured. These wTongs and these evils are not temporary or ephemeral. They have existed for many years, and, if continued, 

threaten permanently w a1i'ect the welfare of those States and the 

happiness of their people. 

The existence of the evils arising from the presence of the Chinese 

in these States is not a matter of speculation or argument, but it is 

shown by actual experience. These States have had, and are now having, in their borders a practical demonstration of the effects of 

Chinese immigration. Their people have seen the Chinese in all the 

wa.lks and pursuits of life in which they are engaged, and in their 

sor.ial relations, and iu their religious life. They have observed the 

influence of their presence among and their contact with the white race on the morals and material welfare of tho e communities. 

They have had the opportunity of enjoying the blessings, if any 

there be, arising from Chinese labor and Chinese association, and they 

have been compelled to submit to and endure the inconvenience and 

wrong occasion(jd by this labor and this association. They have 

watched and ob erved the disposition and capacity of the Chinese 

for progress and advancement and their capability for assimilation 

with and incorporation into our own people. .A.nd their verdict is on all the e poiuts agaiust the e immigrants. 

Certainly, sir, the experience and observation of the people of the 

Pacific States, and their judgment founded on these data are entitled to the greatest weight and influence on our deliberations. They 

ought to determine our action, nnle s we propose to discartl the lessons 

of experience for the speculations of sentimentali ts or the theories 

of a humanitarianism which con itlers rather what the world ought to 

be than what it is or can be. 

If it were true (which I deny) that this bill is in conflict "ith the lo ~~c of the political theories in regaTd to the rights of mankind, 

wnich have heretofore prevailed in this country, that is no insuperable objection to its passage. I do not deny that every measure should be weighed and considered in the light of accepted and recoo-- nized principles, but I do deny that every measure, however nece~­ sury to the welfare and the happiness of the people of the United 

States, however accordant to the teachings of experience and history, 

should be condemned because it conflicts with the theories of a speculative and Utopian scheme for the administration of the affairs of 

this world. 

Our Governrueut bas attained it present a tonishing grandeur and 

vigor because it is the result of the growth and development of AngloSaxon ideas, put into practical operation b.y Anglo-Saxon common Rense. It has not grown accorclin~ to a rule prescribed by an inexorable logic, reasoning from prenuses w hlch assumed an ideal perfection in human nature and attainableinhumaninstitutions. Our 

Constitution is the work of men, intended for the government of men, 

not of angels or demi-gods. It recognizes human frailties and human 

passiou , and sef'lks no unattainable perfection. It was made bv the 

American people for themselves and their posterity, not for the hu- man race. It was ordained by the American people for their own happiness and their own welfare and the welfare of such othens as they should choo e of tb~ own free will to admit to American citizenship. That our institutions are stable; that they attain the ends 

of good gover~ment-security to life, liberty, and property, the prog- ress .and happmess of the American people; that they can stand any 

stram, however great, occasioned by unlooked-for and calamitous 

emergencies, is because they were evolved and we:re modified as circumstances demanded, and were not the result of the a p1·iori rea- senings of political theorists. 

The foundations were not laid according to any scientific role but ace ording to the exigencies and needs of the people. The st~per­ structure may be patch-work, but the different pieces are so dovetailed into each other, so skillfully joined, that the weakness of one 

part has up to this time been counterbalanced by the united strength 

of the whole. In short, sir, I may well ay that the excellence, the 

strength, and durability of Anglo-Sa..-.:.on political institutions result 

from the fact that they are both illogical and inconsistent. It i , therefo~e, no good reason why we should not relieve the people of 

the PaCific States of the great evil of Chinese immigration so ably 

.and fully presented by their Senators here; no rea on why ,~e should 

not adopt the amendment of the Souator from California prohibiting 

the naturalization of natives of the Chinese Empire, that we do tolerate the presence of another inferior race, and have conferred on them 

the privileges of American citizenship and imposed on them the discharge of its high duties. I prefer, sir, to expose myself to the charge 

of inconsistency rather than to disregard the kno"Wll wishes of the 

white people of the Pacific States and to incur the hazards and dangers to which they are exposed. 

I will not discount their judgment, formed from hard experience, in ·favor of the speculations of a humanitaria,n philosophy. Besides, sir, 

it is not so clear that our Constitution, with all its great strength and 

vigor, after embracing the African, can take in with afety even the more enlightened countrymen of Confucius. 

Second. I give to this bill and the proposed amendments my hearty 

support for another reason. It will really and truly protect American 

labor. It furnishes no sham protection in the shape of a tax levied on all the labor of the country for the benefit of the capitalist, in the hope 

(often if not always a vain one) that he will divide it and give soma small part to that inconsiderable number of laborers whom he em- ploys. 

This bm protects the American laborer directly and clearly, and 

not in a round-about and second-hand way. It gives this protection 

by its own force, and the vigor of its own beneficent provisions, independent of either the magnanimity or the charity of another, and 

that other too directly intere ted in withholding the protection. 

As so well shown in the very able and exhaustive discus ion of this 

subject by the Senator from California, [Mr. MILLER, 1 the Chinese 

laborerhasanadvantageovertheAmericanlaborer. Thisisanundue 

advantage. It does not arise from superior industry, larger intelligence, or greater Akill. It comes from the simple fact that the one is an American citizen, with the hopes and aspirations of an American 

citizen, and charged with the performa,nce of the high duties to his 

country and his family incident to American citizenship; the other 

has none of these. For ages he has from necessity been inured to that 

hard and scanty sort of living, joined to inces ant toil, which barely 

supports life. To compete with him the American laborer must be 

reduced to the same standard of living, condemned to the same cease- le s toil. 

Are we prepared, sir, to invite the American htborer to this com- petition-to yoke him with this fellow to plow the fields, delve in the 

mine, or work in the shops of capital seeking the cheapest labor Y 

Sir, we want no such laborers, either foreign or native. We want no cla s that can or will accept the bare neces aries of life only as the price of itM labor. We want no class to whose vision is forever 

closed all prospect of advancement, comfort1 independence, and prog- ress. If there be such now anywhere iu tb1s broad land, it \vould be our first and highest duty, so far as we had constitutional power, 

to lift the dark veil of despair which shuts out the pro pect of elevation and advancement. It is our duty to dignify and ennoble labor, 

not to debase and degrade it. The American laborer so far has been 

the grandest product of our free institution . He has converted a contment from a wilderness into cultivated field . He has built our towns and cities, our railroads and canals, our ships and our ware- hou es, the mansions of the rich, and the humble cottages of the 

poor. He has patiently sown, where in many instances others have 

reaped; be has built what others have enjoyed. Yet in the main he 

has been rewarded for his skill and toil. At the same time, sir, ho 

bas discharged with fidelity, and in the main with sound judgment, 

the duties, public and private, of American citizenship. In peace he 

has created all our great wealth and advanced the country to an un- paralleled prosperity. In war he ha carried, as a private, the musket 

and the knapsack, and braved the horrors and carnage of battle 

without the stimulus of personal ambition or the hope of per onal renown. It i , sir, in my judgment, our duty to pass this bill. To 

reject it is to invite to our shores millions of an inferiGr and degraded race to drag down to their own level the American laborer. 

And now, l\Ir. President, before I take my seat I wish to congratulate the Senators from the Pacific States on the skill and moderation 

with which they have discus eel the relations of the American people 

with this inferior race. For once, sir, this subject bas been discussed 

in a calm and philo ophical spirit without exciting sectional animosities or rekindling the passions engendered by past contests and dis~ 

sensions. The time may come-it is not here now-when the relations of another race -to American citizenship must be, as all other 

questions ought to be, discussed in the like spirit. In the meallf<,time, 

while discharging our duty freely in educating that race into a proper discharge of their duties as American citizens, advancing 

them to their full capacity, it will also be our duty to obs~rve with care and impartiality the experiment of African citizen hip. No man shall strive harder than I will to make the experiment ucces ful, 

and no man will be more rejoiced if in the end it shall be all that 

those who initiated jt shall desire. All that I ask for the white peo- ple of the South on this subject is what I am willing to grant, and 

I believe a majority of this body i willing to grant to the white people of the Pacific States, that their te timony, their experience, and 

their judgment shall not be discredited in a matter so deeply affecting their welfare. 

The Constitution was ordained and established by white men, as they themselves declared in its preamble, "to secure the blessings of 

liberty to themselves (ourselves) and their (-.our) posterity," and I 
11 1 

Itt 

163 CONGRESSIONAL RECORD- SENATE. r: MARon G, 

cannot doubt that this great pledge .thus solemnly given will be as fully redeemed .in fa:ror of t~e white people of the Sout~, should 

occasion for actwn anse, as I mtend on my part and on therr behalf 

to redeem it this day in favor of the white people of the Pacific 

States, by my vote to protect them against a degrading and destructive association with the inferior race now threateniug to overrun 

them. Mr. CALL. Mr. President, I gave notice last week that I would 

call up to-day the resolution I offered, for the purpose of a~~essing 

the Senate in reference to the trouble between Peru and Chili. The 

Senators in charO'e of this bill, however, de ire to pre s it to a vote, 

and I hav€1 therErl'ore, in conformity to their wish allowed the notice 

I gave to pass over. I desire now to renew that notice that I will 

ask the Senate to-morrow morning to take np for con ideration the 

resolution ou the subject of Peru that I submit,ted on the 20th of 

February, and will at that time ask leave to address the Senate on 

that subject. CHINE E MIGRATION AND HOME RULE. 

I wish before the vote is taken on this bill to submit a few ob er- vations in regard to it. The bill proposes to prohibit the migration 

of Chinese laborers to this country. It bas been urged by the Senator from Delaware [Mr. BAYARD] and the Senator from Kansas [Mr. 

INGALLS] upon the ground that it was the Ullanimous de ire.o~ ~he 

people of the Pacific coast that a law should be pa sed _Prohibitmg 

the coming of Chinese among them. It has been ~aid that the 

principle of local self-government, of home rule, reqrured that we, 

holding in .our hands as trustees the ~ational pow~r of p~·ohibiting 

the migratwn of such persons as any of the Stat.es m1ght think ~rop~r 

to admit, or the reverse, were bound to exerc1 e that authonty ill 

accordance with the wishes of the people of the States concerned, 

and that they had, with great unanimity in all the States of the Pa- cific indicated their desire that a law should be passed prohibiting 

this 'migration. I think this is a ~ood reason for the exercise of this 

power, that the people of California! of Oregon, and of~ evada unan- imously ask the Con~ress of the Umted States to exercise the power 

given to it to prohibit the migration of Chinese there. But if that 

be a good reason, because local self-government in California, Oregon, and Nevada demands the prohibit.ion ?f Chinese immig~ation 

there is it not a good reason for allowmg It upon the Atlantw and 

the Ghlf coasts if the people of tho e localities de ire it ' And U: there 

is no evidence that the people of the States upon the Atlantic and 

the interior desire this prohibition; if local self-government and 

home rule in Ma sachusetts, in New York, and in the Southern States 

do not demand it, is not that as strong and powerful as the argument upon the other side Y I think that whatever le~!slation shall 

be ha.d upon this subject upon the ground that local ell-government 

and home rule and the sentiment and opinion of California and Nevada and Oregon demand it, should be consistent with the demand 

of the people of New York, of Massachusetts, and of the Atlantic 

slope. Let us put our action upon proper ground, and not upon an indefensible ground. I am in favor of legislation that will prohibit the migration of the 

Chinese into California if California does not want them ; into Oregon 

if Ore <Ton does not want them; into Nevada if Nevada does not want 

them; and of such legislation as if the people of New Y~rk or ~o~th Carolina or Georgia or Ma sachusetts should demand theu adm1s 10n 

would allow them to enter into those State . The honorable Senator from Delaware, [Mr. BAYARD,] whose opinions are entitled to great respect and consideration everywhere, ha.s 

placed his a~vocacy of this bill upon the proposition that w.e are confronted with the necessity of choosing between Mongoli::m or Caucasian civilization; if we do not exclude the Chinese the Mongolian ·will subvert the Caucasian, the Christian. 

CHRISTI.~Uo"'ITY STRONGER TIIAN :&IONGOLIL'f. 

I do not share these apprehensions. I have not lost my faith in 

the Christian religion nor in the success of the great commission to 

the preachers of tile Gospel, "Go ye into all the world and preach 

the Gospel to every creature." I should not be at all afraid to turn 

the BaptistandMethodistand Presbyterian preachers and other evan- gelical~reachers and the priests of Rome upon all China, if sustained 

adequately by proper missions for their support, and I would feel 

confident that the ancient religion of China would topple an<). fall as did the worship of Baal in the olden time. A little while ago we were told that there was danger that the Mormons and polygamist 

would subvert the Christian religion and our social institutions and 

that Christianity was too feeble to combat it with the law of love 

and the power of faith, but that we must strike down the foundations of our Government guaranteeing freedom of religion. We must 

define religion and declare it to be that form of worship and ob ervance which we thought right and invoke the power of the State, and 

that even then it was so strong that we must refuse to allow those 

who were not religious according to our definition to be tried by any one but those who thought-they were criminals because of their belief 

and their practice of it. Now we are told that Christianity totters 

and quakes with dread at the advance of the Mongolian, and that we must shield with the power of the State the religiou of Him who 

refused the aid of legions of angels, to the end that faith in Him 

might triumph. I do not accept this modern version. I believe in the old Bible 

r, 

and the principles of our Constitutio~. I believe that though the 

heavens and the earth sho11ld fall not one jot or one tittle of the 

divine law would fail. I believe if all China was marching here 

with banners they could not overthrow our civilization. "By this 

sign shalt thou conquer" was the inscription upon Constantine' 

banner of the eros , and from that day to this it has triumphed over all other systems and all other forms of religion~ Why should it now fall before the Mongolian idols f I do not believ~ it. I cannot accept 

this a a justification for this bill. Let us exacline the subject and a certain if we can what solid ground we can stand upon in pa sing 

this law, and by what le~ lation in conformity with the fundamentn1 

provisions of our Constitution can we effect the des~ed object. PROTECTION OF LABOR. 

We are told that the Mongolian is to subvert our sj~tem of go vern- ment, of social polity, and our Christianity, first, by cheapening labor 

below the standard of price adequate for the support of a man and 

his family in comfort, and adequate to allowing hlm to accumulate 

something for the education of his children and something for hi 

support in old age. If this be true it is the greate t po 'sible evil, for 

in my judgment the great and primary law of all systems of civil 

polity should be the greate t ~ood of the greatest nuruoor, and the 

protection of the ninety and nme people who are laborer ,in the po - se sion and enjoyment of the necessaries of life, the things essential 

to the comfortable enjoyment of life, rather than the _pflotection of 

the one man in a hundred who is not a laborer, but has appropriated 

by some means, just or unjust, right or wrong, the labor of others. There can be no limit to which legislation should not go for the 

attainment of this object, and if the organic powers of the State or nation are not adequate to this end, in my judgment they are of 

sufficient importance to demand the readju tment of its organic 

powers. 

I scarcely think any one can go further than this for the protection of 

labor and its right.s, and whoever will join hands with me and follow this principle to whatever it may reach, faltering not by the wn.y, 

shall be my companion. 

CHEAP LABOR 1N AGRICULTURE. 

What results, then, do we mean by cheapening labor, and to whom 

do we make it cheap f Let us leave the paths of generalization, in 

which falsehood most frequently lurks, and descend into the vale of 

facts, of humble, poor, neglected truth, and consider the particulars 

upon which all true generalization must rest. 

A man comes to a farm and does equal work with equn.l skill and 

fidelity for one-half the existing rates. By the law of competition, 

of human cupidity and selfishness, the employers of labor give him 

the preference over the man at double the price, irre pective of the 

fact that the smaller sum is insufficient to maintain him in comfort, 

educate his 9hildren, and leave something for sicknes and :tge. I 

agree with you that the selfishness and cupidity which leam to and 

permits this on the part of the employer is an evil, and, I think, n. crime, and should be prevented in any possible way. But let us see the economic effect, and the economic law; let us ee if that 

power that orders all things wisely and well has not made some provi ion for this. 

What is the effect of cheapening agricultural labor in the production of the subsistf'nce of mankind t .Manifestly it is thn.t the crop, a thing produced by this labor, will not cost so much a.s the thing 

p:tid for it. Whether the labor be paid for by other labor or other 

things, or in money which represents them, and as it has not cost so much, it may be disposed of for less. 

Now, who, under our present system of distribution, are most 

interested in cheap corn, cheap wheat, cheap bacon, cheap subsist- ence Y Is it the consumer, the poor man with his many children, the 

artisan, the laborer, engaged in other pursuits than agriculture, or the speculator, the rich man f 

WHAT PRODUCES CHEAP FOOD 7 

But it is said the cheapness of labor in agriculture is not sufficient 

without other causes to produce in itself cheap sub i tence. The 

relative cheapness or dearness of corn, wheat, bacon, all articles of 

subsi tence, is qualified and regulated by the demand, sometimes a real and natural one, and sometimes an artificial and unnatural one, a where some great operator, by false eu ·~s and by the use of 

facilities ostensibly created in the interests of comlUerce an(l for 

the honest ancl intelligent distribution and equalization of theremuneration oflabor en~aged in production, gathers great quantities 

of agricultural production in his control, and denies the use of it to 

the starving men, women, and children ofthe country. But certainly 

cheapness of labor in agriculture is a factor, and an important fa.ctor, 

in our business economies, and cheapness of subsistence is not an evil to the great mass of consumers. 

Is cheapne of labor in production iu agriculture an evil to the 

produced Doe a man growing a crop of wheat or cotton with hi. own labor or another man's lose anything by having to pay a les 

price for his labor f Does he lose anything by being able to obtain 

the necessary labor to work his farm for a smaller amount than he can obtain by applying hi own labor to something elsef 

The proposition then is that production will be superabundant, so that the labor oxpended in agriculture or anything else will not be 

able to exchan~e the products of agriculture for the products of 

manufacture. 'ro this result it is manifest that cheapness of labor, 
1882. CONGRESS!ONAt RECORD-SFJNA'rE. 1639 

if it extend in the same degree or ratio to b~th agriculture and man- ufacture, would not contribute, and that the causes of the inadequate 

compensation of labor must be sought elsewhere, aud not in the 

cheapness of the products of agriculture or manufacture. It is the 

relative price of these products to each other that makes cheapness 

of the objects of production unremunerative to the labor engaged 

in it. OBJECTIONABLE PROVI.SIONS. 

But time and.the occasion will not permit me to enter into this 

subject on this bill. I only wish on this occasion in giving my supJlort to the principle of this bill, so far as it relates to the exclusion 

of the Chinese from the States where the people do not wish them to 

go, to express my dissent from some of the propositions which a.re eupposed by its chief advocateR to be its essential benefits. 

CONSTITUTIONAL PROVI.SIONS. 

Section 9 of article 1 of the Constitution says: 

The migration or importation of such persons as any of the States now existing 

shall think proper to aillnit shall not be prohibited by the Contp"ess prior to the 

year 1808 ; but a. tax or duty may be imposed on such importation not exceeding $10 for each person. 

This clause undoubtedly gives the power to forbid the miO'ration or importation of persons into each State after the year 1808, and 

hence there is no doubt as to the constitutional power; but in the 

exercise of this power is it necessary because certain States do not 

wi h to permit the importation or migration of certain persons, and 

therefore invoke the exercise of this power jn their behalf, that it 

shall also be invoked for their prohibition in other States which do 

wish to admit them T 

The argument, in my opinion, does not justify the conclusion, and 

while I vote for this bill prohibiting he Chinese from all the United 

States, I wish it uBderstood that I do it distinctly because no States a.re here asking for their admission into their limits. Is it necessary, 

in order to protect the Pacific States from Mongolian invasion, that 

they shall be prohibited from going to the Atlantic coast t Certainly 

not. RIGHT OF THE STATES. 

Is it necessary because people are allowed to come within the 

United States that they should be admitted to the electoral power t 

Upon that proposition I think it is very important that we should 

have some sound and settled opinion. I do not think so. The power 

reserved to the States, and expressly declared in the Constitution, 

giving to each State the right to establish its own electoral qualifications, seems to throw a necessary safeguard around our institutions, and should be carefully preserved aud not infringed upon, and 

it is for this purpose that I wish to call the attention of the Senate 

and the country to this point. 

We have now 50,000,000 people. I observe in a paper that 8,000 

Mormons, strangers to our language and institutions, are now landing in this country. If it be true that every man by virtue of his 

manhood, wherever he may beor whereverhemay comefrom, has a right to be admitted to naturalization, it may indeed be true that it 

is necessary to exclude everybody from our shores except those who are fit to exercise the e great powers at once. The people who are most acces ible to this immigration believe that some social and sanitary evils of a very grave character, and certain 

economic evils hurtful to them, have arisen and will be developed 

into very great and more hurtful proportions. They have a right so to decide, and it is our duty to exercise the power which we hold in 

trust for their protection. 

ARREST WITHOUT WARRANT OR TRIAL WRONG. 

But I do not see that the methods employed in this bill are neces- sary to this end. 

lly the Con titution the powers of the Government are divided into 

legislative, executive, and judicial. Each of these classes of powers 

is vested in these several and distinct departments. Article 3, sec- tion 2, says : 

The judicial power shall extend to all cases in law * * * arisin~ under 

* * * the laws of the United States, and treaties made. * * * The b1.al of all 

crimes * * * shall be by jury. * * * No warrant shall be issued but upon probable cause. No person shall be deprived of liberty * * * without due 

process of law. 

These provisions are, first, a limitation of power, o that there is no power in the prohibited case; and, secondly, they are an immunity or right to the individual-all the officers of the other departments are required to take an oath to observe them. So that every 

executive and every legislative officer swears that he will not exer- cise or attempt to exercise a power granted exclusively to the judicial authority, and that he will not deprive any one of liberty without process of law, or punish them for crime without a trial by jury. 

How, then, can we by law give an executive officer power to punish a man for an act, namely, coming into the country, which we declare 

to be a crime, without a trial by a jury or without a warrant for his 

arrest f How can we authorize an executive officer to eize a person 

within our jurisdiction, decide that he is a Chinaman here without 

authority of law, deprive him of his liberty without a trial, and Rend 

him out of the country 'I 

No one would contend that we could authorize an executive officer 

to seize a foreign ship and send it out of our country without a judicial hearing or without the judgment of a court. 

!'he~e can be no doubt, Mr. President, if we have any regard whatever for the Constitution of the country, which requires that all cases at law, criminal or not, shall be tried judicially, that the judicial 

power extends to every person in our country. We here, day afu~r 

day, pass laws, notwithstanding we are sworn that we will not attempt to exercise any judicial power, conferring upon ministerial 

and executive officers power to deprive men of their liberty. When a Chinaman is here he is as much under the protection and jurisdiction of our laws as if he were a citizen, a Senator, a President, or any one else; to the extent that he has 1·ights, whatever they are, he 

should be protected in them. You cannot crucify him ou a cross; 

you cannot arrest and imprison him arbitrarily; you cannot touch 

him except in the exerci e of constitutional power vested in the con- stitutional tribunals of the country; yet we have a bill by which we say that any collector of custoiUB can seize any Chinese, decide that 

he is a Chinaman just arrived, and forcibly extradite him out of the 

country. 

Mr. Pre ident, is it necessary for us to do this Y Is it not enough 

to declare the Chinaman's coming here to be a criminal act, to subject him to pains and penalties, arrest him by due process of la,w, try 

and punish him by judicial proceedings in conformity with the provisions of our Constitution and our laws f I think this section of the 

bill should be stricken out. If in my power to procure it, I should 

be glad to see it done. I wish to record my opposition to it and to 

express my opinion that it is utterly suuversi ve of the Constitution 

and the laws of the United State . 

FORFEITURE OF VESSEL WRONG. 

I think, again, the section of the bill which forfeits the vessel of an owner who bas committed no offense against the laws is unneces- sary, ha.rsh, and objectionable in every respect. 

I am aware that that is an ordinary principle of the admiralty 

law as applied to the revenue system of the United States, but it is 

harsh and unnecessary, even in regard to our revenue law1 which is 

in itself an arbitrary system, and has always been o held. · Can any man give a reason why a forei~n shipowner in a distant part of the 

world, committing his ship to tne care of a person whom he regarded as worthy of trust, because that person has betrayed his trust without knowledge or consent or procurement on his pa.rt, in a foreign 

port, should have hi~ property destroyed T It can never be justified 

except in a case of customs and revenues, where there is said to be no other mode of preventing the violation of the revenue law. But even there it fails. There is no just reason for it. The master is subject to punishment; the law re ts upon him anrl. administers punishment upon the offender. I apprehend that this custom-nay, I can scarcely call it a custom, but this interpolation in m:wy of our laws, 

of the condemnation and forfeiture of a vessel without offense on the 

part of the owner, or knowled~e on his part, iM simply a remnant of 

the barbarous proceedings of tne past. 

These two provisions of the bill I think are entirely objectionable. 

I shall vote for it ; but I will vote to strike out these provisions, 

arid I enter my protest against them. 

Mr. BROWN. Mr. President, the problem that the Senate now has 

to deal with is a very grave one. The importation of Chinese labor- ers into this country without limitation or restriction may promis 

much misfortune and evil in the future; I think it wise to restrict 

that importation; but while we restrict it, we should remember 

that it is the duty of the American Senate and the American Government to keep' f<tith with every people and every government 

upon the face of the earth. 

Some years since we ratified what was known as the Burlingame 

treaty with China. That treaty caused very friendly relations to be 

established between the two governments, and in some measure between the peoples of the two governments. The result of that treaty 

and those friendly relations was a very rapid increase and extension 

of the commerce of this country with China. That commerce is 

most important to the people of the United States. It has long b~>en the complaint of other nations that the Chinese Government 

did not permit intercourse with forehm powers. \Ve have reached a period when that rule has been relaxed in China, and there is a Yast trade there of immense value, whose fruits are to be gathered 

by commercial powers. Great Britain at present has much the better part of that trade. As a commercial power we are striving to 

compete with Great Britain and to build up our own trade there as much as possible. 

In this state of the case it seems to me to be a most unfortunate 

time for us to do injustice to the people of China or to offend that 

government unnecessa.rily. Take, for instance, our manufacturing 

clas es, and there is a wide field open there for the ale of their productions. I recollect not long since, in a conversation with one of 

the admirals of our Navy, he gave me a very interesting account of a period of time spent by him in China. Hespoke of the immensity 

of tho future commerce of that country, of the quality of the cloths 

'vith which the Chinese a.re clad, and the point struck me that it was of very great importance to my section of the country that we 

should maintain friendly relations with the Chinese; because if we seek in the South to build up our infant manufacturing e tablishmentsof cotton, woolen, &c., and especially cotton, thereisnomarket 

in the world so inviting to us for the class of goods we make as the 

market of China. It is said that the cloths of the Southern mills, 

where we have plenty of cotton, where the cloth is made honestly of 

• 
1640 CONGRESSIONAL RECORD-SENATE. MARCH 6, 

good material and sent to China, have been the most popular there 

of any brands of cloth, because they are the Lest and the most durable. Our infant manufacturing establishments are not in cc.ndition 

to compete successfully with those of the world elsewhere in the production of the finer fabrics; and as we make a particular kind of 

cloth, or a partioular production of our loom , that is peculiarly 

adapted to tha,t trade or to the demands of that empire with its im- mense numbers of people, it would be foolishness on our part to seek 

wantonly to offend those people, and destroy our infl!.Ience and our commerce among them. Therefore there are· substantial commercial reasons why we should deal justly and f:tirly and kindly and honestly 

by them. 

These reasons may not be sufficient to justify us of the South in 

encouraging the unlimited importation of Chinamen to the detriment 

of other sections of the Union who protest against it. The people 

of the United States, having become dissatisfied with the unbounded 

liberty of immigration into this country that was given by the Bur- lin~ame treaty, sought, to get rid of it. We sent our plenipotentiaries 

to vhina to negotiate for a modification of the treaty. And he who 

reads the disco sions between our plenipotentiaries and the Chinese 

Government will find that we were not more thau a match for them 

in diplomacy. Whatever you may say of them, of their manners, 

their customs, their habits, you cannot say that they are not a cultivated people, to a great extent, and you cannot say that their 

statesmen do not have ability, and you cannot say that they do not 

comprehend these great questions. The negot.iations referred to 

abundantly attest the fact of their ability, agacity, and statesmanship, or else they show that we were very much wanting in these 

high qualities. At any rate, we canu.ot tmthfully claim that we got 

the better of the correspondence. 

But, without tracing the history of that negotiation, we reached 

the point where we concluded a treaty that has been ratified by that 

government and by our Government on this very question. Now, 

I want to refer to the provi ions of that tl·eaty, and contrast them 

for a few moments with this bill, and see whether we are in good 

faith carrying out the provisions of the treaty. Are we doing our duty, and are we before the civilizecl world acting in honest good 

faith toward China f Are we observing our treaty stipulations Y Or are we in substance and spirit, if not in letter, unblushingly violating those solemn guarantees Y If we are violating the compact, then we ought to modlfy this bill and keep within the provisions of the 

contract entered into between the high contractinO" parties, compo ed 

of the representatives of 400,000,000 Chinese and 50,000,000 Ameri- cans. 

If the treaty will not permit the pas age of such a bill as we de ire 

to pass, then in good faith we should suspend action till we negotiate for a modification of that treaty, and not resort to an open, un- justifiableviolationofit, or to a violation oftheveryspiritandessence 

of it. I propo e, Mr. President, to read the four sections of that 

treaty. They are as follows : 

ARTICLE l. 

Whenever in the opinion of the Government of the United States the coming of 

Chinese laborers to the United States, or their re idence therein, affects or threatells to affect the interests of that country, or to endanger the good order of the said 

country or of any locality within the territory thereof, the Government of China 

agrees that the Government of the United States may regulate, limit. or su pend 

Rnch coming or residence, but may not absolutely prohib1t it. The limitation or suspension shall be reasonable, and shall apply onl.v to Chine e who may go to the 

UIDted States as laborers, other cla ses not being included in the limitations. Le~­

islation taken in regard to Chinese laborers will be of such a character only as 1s 

necessary to enforce the regulation, limitation. or suspension of immigration, and 

immigrants shall not be subject to personal maltreatment or abuse. 

.ARTICLE II. 

Chine e subjects, whether proceeding to the United State as teachers, students, merchants, or from curiosity, to~ether with their body and household ervants, and 

Chinese laborers, who arenow w the United States, shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privi-

~?~c ~~~~~-~d~~J:!~ptions which are accorded to the citizens and subjects 

ARTICLEm. 

If Chinese laborors, or Chinese of any other class, now either permanently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other persons, the Government of the United States will exert all its power to devise mea.~ures for their protection and to secure to them the same rights, privilege , immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty. 

ARTICLE TV. 

The high contracting powers having agreed upon the f6regoing articles, when over the Government of the United States shall adopt legislative measures in 

accordance therewith, such measures will be communicated to the Government 

jof'China. If the measures as enacted are found to work hardships upon the sub- ec ts of China the Chine e minister at Wa-shington may bring the matter to the 

notice of the Secretary of State of the United States, who will consider the subject with him; and the Chine e foreign office may also bring the matter to the 

notice of the United States minister at Pekin~ and consider the subject with him, to the end that mntual and unqualified ben.efi.ti ma.y result. 

These are the provisions of the treaty. Does this bill propose in 

honest good faith to carry them out We have re erved the right to 

regulate, limit, or suspend the coming of Chine e laborers, but the 

treaty is express and positive in its provisions that we shall not absolutely prohibit it, a.nd that our legislation on this subject shall be 

reasonable. Now, does any Senator here really believe, when we were negotiating this treaty with the Emperor of China, that our representatives held out to him any such idea as that our first step 

in limitation and suspension would be an absolute inhibition, or prohibition of the importation of a sinole Chinese laborer for twenty 

years under severe legal penalties Y Do you believe, Senators, that 

the Chinese Government would have agreed to such a treaty if they 

had understood that this wa.g our interpretation of itT Would they 

ha'\'"e rati.fiP.d itY I think no Senator in this Chamber ca.n beliovo 

they wonld. Let it be borne in mind that this is the starting point on our part in the execution of the treaty. In carrying. out the power 

of suspension of the coming of Chinese laborers that under certain 

circuiDBta,nces as represented to them by our plenipotentiaries might 

become necessary on the part of this Government, the first step is an absolute prohibition for twenty years, with the heaviest penalties if a single one known as a laborer comes in within that period. It 

would be very natural for the Chinese Government to conclude that 

if this is the commencement in the execution of the treaty, they may 

look :tt the end of twenty years for a further prohibition for half a century, or ninety-nine years probably. No, Mr. President, they 

will not misunderstand it. That government is intelligent euough 

to know that this is not carrying out in ~ood faith the provisions of 

the treaty. It may be that we can justify it according to the letter, 

hut it is a mere sticking in the bark; it is not in accordance with 

the spirit or intent of the treaty. 

But let it be remembered that that right of suspension, regulation, or limitation applies under the treaty only to Chinese laborers, and it 

is provided expressly in the treaty that it does not include any other 

class of Chine e except laborers. Now what as to the other classe 

of Chine e f ·we expressly stipulate and bind ourse1ves that they 

may go and come of their own free will and accord, anti that they 

shall be accorded. all the rights, privileges, immunities, and exemptions which are accorded to citizens and subjects of the most favored 

nation. llow do we propose to carry out that provision of the treaty f 

We propose to enact a law that parmi ts no one of them to come until 

he has first obtained the consent of the Government of China. That 

government has stipulated with us that its subjects not laborer 

shall go a.nd come of their own free will and accord. ·we put the 

obstacle in the way that they shall go to the ex-pen e and trouble 

of getting the consent of their government in each individual case, 

before they shall come, and they shall then get a pa sport from the 

Government of China, and that passport must be vil>ed by the United 

States diplomatic agent or consular agent in China, before they can go on board a vessel to start for the United States. 

Supposing the Chinaman seeking to come is a teacher or a student, 

it is expressly stipulated that he shall go a.nd come of his <'Wn free 

will and accord, with all the exemptions, immunities, and privilege 

of a citizen or subject of the most favored nation. But this bm sa,y 

he shall neither go nor come of his own free will and accord; he hall 

not start here until he has obtained a passport from his own government, and had it properly vised by our..representative there. Then 

he can board the ship coming to our shore.s. \Vhen he reaches bert} 

the bill provides that the master of the ship shall not land until he 

has exhibited to the custom-bouse officer the list of the Chinamen on board, with a description of each. The custom-house officer mu t 

then go on board and examine each, a.nd compare him with hi!:! pa - port, so as to establish his identity, and if he has lost his passport 

he cannot land. Then, when he has landed, he mu t be ready at all 

times to exhibit his pa port to the proper authoritie of the United 

States whenever legally demanded. If he is robbed of it or loses it 

his failure to exhibit it subject him to fine and impri onment. The 

Secretary of the Treasury has then to open books, and every China- man in this country mu t be registered in those books. Then a cer- tificate must be given each with a most accurate de cription of his 

person. Let me read that description: 

Entry hall be made in snch books of the name of every such Chine~ e, and his 

proper signature, his place of brrth, (giving town or district,) date of birth, last 

place of residence before coming to the United St.ates, place of residence in the 

United States, if any, names and residences of his parents, if any, date and place of arrival in the United State , employment or lm.sineRs, height, and physical 

marks or peculiarities by which be may be identified. Every applicant for 

registration shall make oath to the facts stated in his registry, which oath shall be 

recorded in the book of registry. Collectors of customs and their deputies shall 

ha'\"e power to administer and certify to all oaths under this act. 

Bear in mind that the de cription must be made in the book opened 

by the Secretary of the Treasury, and it must be signed by the Chinese 

with his own signature. If he be in the condition of a very large 

number of the people of this country, not able to write his own name, 

though he may not come here as a laborer, and may be a man of 

wealth and come fi:om curiosity, he would not comply with the law, 

because his own proper signature would not be upon the de criptive 

list made by him in the custom-house or upon his passport. \Ve set up a pretty hi~h standard for the Chinaman. ·we say he 

must come here preparea. to write his own name, for that is what I 

understand by a man's own proper signature, which must be upon hi.c:; 

pas port, and upon the books in the custom-house, before he can stay here, and if he fails to comply with the law in any of these particu- lars, and he is found n.t large in the United States, he may be taken 

up and fined and imprisoned. Suppose after be lands he loses his 

passport, with great prejudice against himself and his race, unac- customed to our language, our forms, and our tribunals, if he is taken 

up, how will he protect himself He cannot do it, and he will be 

thrown into jail and fined. This would seem to be in violation of 
. 

1882. CONGRESSION-AL RECORD-SENATE. 1641 

that provision of the treaty which says he may go and come of his own free will and accord. This bill says: 

.And any Chinese who shall knowingly come into the United States contrary to the pronsions of this act shall be deemed guilty of a misdemeanor, and on convic- tion thereof shall be punished by a fine not exceeding $100, or by imprisonment not exceeding one year, or both said punishments, in the discretion of the conrt. 

If he is a teacher or a merchant or a Chinaman coming here from 

curiosity, he has a perfect right nuder this treaty to go and come at 

his own free will and accord. But if he be one of those characters, 

and he has not complied with everything prescribed in reference to 

passport, registration, descriptive list, and all that is set forth in this 

long ponderous bill and its numerous sections, he is to be seized and 

thrown into prison and fined, and remain there till he ,Pay the fine; 

and that is what we call extending to him the same rights, privileges; immunities, and exemptions which are accorded to citizens and 

subjects of the most favored nation! 

Do you, I ask, Senators, by your law extend such denial of rights 

nnd privileges to the subjects even of the most unfavored nations t 

Do you extend such treatment to the subjects of any other nation f 

Is there any other nation on the globe whose subjects are compelled 

to comply with all these provisions before they can enter an Ameri- can portf Is there anyothernationon the globewhosesubjectscan 

be seized, tried, fined, and imprisoned for the non-compliance with 

provisions like those contained in this bill t If there is an instance 

I am not aware of it; and I ask any Senator favoring this bill to 

point it out. Whe.re is the law on our statute book that compels 

the subjects of Great Britain, France, Germany, Italy, or of any 

power in South America, or of any African chief in the darkest jungles of that benighted land to comply with any such terms under 

any such penalties before he can enter a port of the United States t :Mr. FARLEY. In the first place there is no treaty between the 

United States Government and those governments the Senator men- tions that such legislation may be had; but in this case there is a solemn treaty between the two governments, China and the United 

States, that such legislation may be had as will suspend the further 

immigration of that class of people, but not absolutely prohibit it. 

Mr. BROWN. I am sorry to have to take issue with my friend 

from California, but his statement is not correct. 

Mr. FARLEY. It is very plain. 

Mr. BROWN. But it is not true. The treaty applies simply to 

laborers, and says distinctly it shall apply to no other class. I am talking about teachers and merchants and students, and those com- ing from ouriosit-y, who are mentioned in the treaty, which expressly 

excepts them from its provisions. I say there is no such provision in 

the treaty as the Senator refers to. 

Mr. FARLEY. There is a provision in reference to laborers. 

Mr. BROWN. There is a provision in reference to laborers, the 

Senator says. I am not eontroverting that; I wa.s not talking about 

that. I am talking about the provisions of the bill which would 

apply to other classes, where the treaty sayt! distinctly and expressly 

that they are not included in its limitations. 

I repeat, there is no such legislation unfavorable to the subjects 

of any other power on earth as we propo e to apply to the subjects 

of China who are not laborers, and who are expressly protected by 

the treaty, and of whom it is said, in the treaty to which we have 

solemnly pledged our faith before the world, that they shall go and come of their own free will and accord. If this bill passes they can- not come into the territory of this Government without complying 

with all these cumbersome a.nd burdensome provisions that I have 

mentioned. If the master of a ship brings one in, in accordance with 

the treaty, of his own free will and accord, without a compliance 

of the e provisions, he is liable to be punished, and his ship is to be 

seized and forfeited. That is the privilege we propose to extend to 

the Chinaman, of going and coming at his own free will and aocord, 

with all the rights, privileges, and unmunities of the subjects or citi- zens of the most favored nation I That is the kind of faith we propose to keep. 

Mr. :MILLER, of California. Will the Senator allow me to interrupt himf 

Mr. BROWN. Yes, sll:. 

Mr. MILLER, of California. Does the Senator think it would be 

within the treaty for a teacher or merchant belonging to the permitted cia s to show that he was one of the permitted class, to show that 

he was a tea-cher f In other words, would it conflict with the treaty 

if we r equired that he should identify himselff If not this, what 

other plan can be adopted by which he may be identified as belonging to the perrni tted class! The provisions of the bill are merely for 

the purpose of identification. They are in the interest of the classes 

enumerated who are permitted to come. If there were no provision 

of this sort in the bill, it would be left to the United States authorities to decide whether they were of the permitted classes or not. 

The bill leaves it for the Chinese Government to decide, and those 

persons whom the Chinese Government say are merehants or traders 

or teachers, and so on, and are not laborers, are permitted to come 

when they present the evidence that the Chinese Government gives 

them of that character. 

Mr. BROWN. The provisions of the bill look more to prohibition than identification. No unprejudiced mind can read it without 

being struck with its harshness. It breathes an unfriendly spirit 

from the e!lacting clause to the end of its last section. It violates, 

without the blush of shame, the express and undeniable provisions 

of a solemn treaty. 

There is nothing in the treaty that requires of any Chinaman of the 

classes about which I have been speaking to bring any certificate of 

identification. It is expressly provided in the treaty that it shall 

apply to no other class except laborers. All other classes stand just 

where they did before the treaty as to their right to come, with the 

superadded provision in the treaty itself that they may go and come of their own free will and acco·rd, with the rights, privileges, and 

immunities of citizens or subjects of the most favored nation. Do 

you propose :f'ny stringent legislation of this character for the identification of an Irishman or a German t The subjects of China who are not laborers are placed by treaty in exactly the same position of the 

Irishman or the German. 

!ir. MILLER, of California. If the Senator will allow me, the treaty 

has an object in it. The object is to prevent the coming of laborers. 

There has to be some mode of deciding who are laborers and who are not laborers, who are teachers and who are not teachers; and that is 

what the treaty is for. . Mr. BROWN. Yes, the treaty has an object, and so has this bill. 

The object of the bill is to throw such obstacles in the way as will, 

without regard to the treaty, greatly limit, if it does not prevent, all 

Chinese from coming to this country. 

The Senator stated when he was last up that that was left to the 

Chinese Government. I do not think the Senator will be quite con- tent to leave it there. If you leave it for them to decide, they may 

give passports indiscriminatelyto everybody who wants to come. Is 

that the test you are willing to apply in determining whether they are laborers f If you make the Chinese Government the judge, you 

must be bound by their judgment, and then you have no right to 

complain of anybody who comes, but you must admit that all who come under a passport with registration, &c., are entitled under the 

treaty to come. Mr. MILLER, of California. Unless it is clearly shown that it was done in fraud of the treaty with the Chinese Government. 

Mr. BROWN. Then what sort of tribunal would you have to try 

the question of fraud f · Mr. MILLER, of California. The passports would be vised by our own consul or by our diplomatic representative in China. We would 

leave it to that authority. 

Mr. BROWN. I reply to the Senator that our representative there 

is not supposed to know all the subjects of China, whether they are of the laboring cla.'!s orto what class they belong. 

Mr. MILLER, of California. They would have the power to investigate. . Mr. BROWN. We have made no provision in the treaty for any 

such investigation on their part there. We have agreed that all Chi- nese except 1aborers may go and come of their own free will. 

Mr. HOAR. Will the Senator from Georgia allow me to make a suggestion in connection with what he is saying f 

Mr. BROWN. Yes1 sir; I have no objection, though I wish to con- clude as soon as poss1ble. 

bir. HOAR. I thought it might perhaps call attention to the point 

the Senatorwasmaking, if he willpermitme, or I will make it afterward. 

l!ir. BROWN. Certainly; I yield to any Senator who wishes to- interrupt me. l!ir. HOAR. The point which the Senator from Georgia is making 

is very strongly confirmed by the fact that the bill a.s originally 

drawn undertook to enforce the treaty t.o tha:t extent. The fust sec- tion of the original bill, as the Senator will find on the paper which ne has before him, providesThat :tll subjects or citizens of China who are students coming to the United 

States for purposes of education, merchants or traders engaged in lawful commerce, travelers, &c., may lawfully enter, romain iu, or pass through the United States 

npon being identifted as hereinafter provided. 

That was the original proposition, which wasrejeeted by the Committee on Foreign Relations, and instead of that comes the present 

bill simply prohibiting and punishing certain persons who are not 

found to be so 8..nd so, not repeating the anthority which the treaty 

gives them. It shows that it was the object of the framers of the 

bill to make a much greater difficulty. 

Mr. TELLER. The framers of the bill or the committee! 

Mr. HOAR. Those who reported the bill finally propose the amendment. 

111r. TEL.LER. The committee. 

Mr. HOAR. The Senator from Georgia will excuse me for the 

interruption. 

Mr. BROWN. There is no provision in the treaty requiring the 

Emperor of China to decide whether a subject of his leaving the 

shores of China for this country is a laborer or whether he belongs 

to any other class. There is no provision in the treaty that provides 

for our consul or diplomatic representative in China determining that 

question. 

Mr. MILLER, of California. Is there any hardship that it shall 

be left to him to decide f 

Mr. BROWN. Yes; it would be a very great hardship. If our representative were acting there under the prejudice that most people here act nuder, it would be a one-sided tribunal to try the case; 

Mr. MILLER, of California. I am speaking of the Chinese Gov-
1642 CONGRESSIONAL RECORD-SENATE. MARcH e, 

ernment. I ask is it a hardship on the Chinese Government to 

decide T 

1\Ir. BROWN. When the Chinese Government has provided by 

treaty that its subjects shall come and go at their pleasure, yon h:we no right to ask it of the Chinese Government. Nor have you a right 

t.o illipose the uurden on a Chinese wishing to come here of going a thousand miles to Peking to. get a passport. 

Mr. TELLER. I should like to make an inqub:y of the Senator, if 

be will allow me f 

Mr. BROWN. I am willing to be interrupted by all Senator . _ M.r. '!'ELLER. That is not the proper statement. They have aid 

that a certain class should not come here if we object to them. Is it \~reasonable that we should designate the class when we leave it to 

them to make prima facie evidence of itT Certainly it is very liberal, 

it seems t.o me. Mr. BROWN. The Senators all make the point that the treaty 

authorizes us to regulate, limit, and suspend the coming ?f laborers. 

I am not discussing that part of the subject. I am speaking of those 

who are not lab01·ers. 

Mr. 1-llLLER, of California. How will you determine that they are not laborers f 

Mr. BROWN. Yon will probably determine that best when they 

get here. If they come here, and it turns out that they are simply 

laborers, and you can establish that point and show that they came in violation of law and of the treaty, you can do as you propose in this 

bill t.o do by any of them who do not brin~ a passport and go through 

the long routine of registration and certificates. Yon can provide a way to have them sent out of the country; but yon have no right, 

under the treaty, to prevent the classes who have a right to come from .coming because some other classes are prohibited from coming. 

Take this instance : suppose a Chinese teacher and students are in 

the Republic of Mexico to-day. They are subjects of the Government 

of China, and they desire to come into the United States. They are in sightofonrbonndaryline. Under this act, if it is passed, although 

the treaty says they may come and go at pleasure, they must first go 

home to China and get a passport and sail back again before they can enter our limits, though the treaty says there shall be no such 

restriction upon them. Is that keeping faith with the Government 

of China. Is there a Senator here who can say that that is within 

the spirit and meaning of this treaty f I apprehend not-not one. Have you ever heard of an instance where an Irishman or a German, before he could come to this country, must get a passport at 

home, bring it here and have it registered, carry it with him everywhere he goes, show it to our officers when required, present it if he 

wants to go back upon a visit to the old country again, and bring it 

again when he returns¥ Have they ever been cumbered with any 

such provision as thi t Never in any case. No; they are subjects 

of favored nations; they are among the most favored nations; and 

when the Irishman and German come here they soon have the ballot 

in their hands, and then they are very good people, and politicians 

and statesmen and everybody respect them; but the Chinaman comes in and we raise the clamor that he must not enter till he has been 

cumbered with all these hinderances, although we have expressly 

pled•,.ed our faith to China that he shall be put upon the same terms 

and have the same exemptions, immunities, and privileges which the 

Irishman or the German, in the case snppo ed, ha , or w.llich anybody 

else has. 

We have always claimed the right for the citizens and subjects of 

other nations to come to this country and find homes in our vast territory, to be naturalized and made citizens; and when so naturalized we have claimed that they are absolved from further allegiance to the 

country of their nativity. Great Brit.ain denied this principle in 1812, 

and claimed the right to board our ships on the ocean, to look after 

vber subjects, orthosewhohad been such and were then in our serv- ice. We denied her right, and fought the war of 1812m vindication 

of the right of expatriation by the subjects of any government who 

might choo eto remove to and becomecitizensofthis country. While 

I do not think it would be wise to naturalize many Chinese and make 

them citizens, under all the circumstances, I see no rea on why we should not stand by the doctrine of the right of expatriation at least 

to the extent of protecting all the rights possessed by Chinese subjects 

under the treaty of 1881. They do not claim the right of naturalization irnder that treaty. 

Mr. TELLER. I should like to a-sk the Senator a questicn. He 

has put a pretty lengthy one to the entire Senate. Does the Senator 

doubt onr right to exact just such a thing as he has suggested, a passport, from everyman who comes to this country, if we see fit to exact it f 

Mr. BROWN. No, I do not; but I deny your right under this treaty 

t.o require it of the Chinese unless you require it of other people, 

because you have pledged your honor before the civilized world that 

you would put the Chinaman upon the terms of the citizens and subjects of the most favored nation. Whenever you put that burden on the subjects of the most favored nation you can without violation of 

yonr faith to China place it upon the Chinaman. Till then how do 

you justify it f I do not question your power to applyit to all immigrants, but I do deny that you treat all alike as you pledged yoUI'-

selves to do when you apply it to the Chinaman and apply it to 

:wuody else on the face of the earth. I say when we do that we do 

not keep faith. 

I should like to hear any Senator explain how it is that we keep 

faith when we throw all these hinderances in the way of the China- man who is coming, under the provisions of this treaty, and do not 

put them upon the immigrant from any other power or nation on ea,rth. Do yon permit them to go and come of their own free will 

and accord, and do yon accord to them all the rights, privileges, 

immunities, and exemptions which are accorded to citizens and subjects of the most favered nations' Do you f I would be glad to 

have an answer to that question. I have been interrupted several 

times, and now I invite and court the interruption. Let any Senator on this floor who undertakes to defend this bill now rise and say 

that this bill does not violate this provision of the treaty with China. 

Let him say, and defend P-is position if he can, that this bill put 

Chinese not laborers on the same terms or in the same position as the subjects of other favored nations. I pause for the interruption. 

Defend the position if you can. · Mr. FARLEY. How would you discriminate between them unle s there was a provision of that sort t Yon might as well undertake to 

discriminate between the flies on a bee-gum on a summer's day. 

Yon cannot do it unle s you have a provision of that sort. 

1\Ir. BROWN. That is no answer. It is simply saying that to identify a person prohibited by the treaty yon must, from necessity, place a burden on a person not prohibited, and from which the treaty ex- pres ly exempts him, till you have placed it on the subjects of the 

most favored nations; which you do not pretendhasbeendone, and 

which you do notproposeto do. The reason yon give may be a very 

good one in favor of an application to the Emperor of China for a modincation of this treaty; but it is no reply to the charge of violation of 

the treaty as it now exists. And I again assert tha.t no such reply 

will or can successfully be made. 

Mr. FARLEY. They have modified it once. Mr. BROWN. AB the Senator from California says, they have 

modified it once; and we had a pretty hard time in getting the modification we have already procured to the treaty; but when we have 

accepted such a modification and agreed to be bound by it, and 

pledged OUI' faith to it, let us in common honesty keep faith until it 

is again modified. 

I know we are not bound to stand by a treaty perpetually. W~ 

can give notice that we will not be bound by it, and we can abrogate it, after proper notice, without the consent of the Chinese Government or any other government. But we risk the chances of war; we risk the chances of non-intercourse; we risk the destruction of our trade and commerce with China whenever we do it. If we are willing to take the risks, we have the power to annul any treaty 

that we have entered into. But we mu t take the consequences. 

Now, what would be the consequence in this case f 

Mr. TELLER. I should like to ask the Senator a question. Is 

the Senator aware that he might go to China now, as a Senator of 

the United States, and that a great portion of China would be clo ed 

to him ; that he could not get into it even with a passport 'I When 

he talks about the danger of offending that nation he should remem- ber that they do not give to any class of our people any such freedom there as be demands for the Chinese here. 

Mr. BROWN. Yes; and I .will inform the Senator that the treaty 

between China and this Government does not give it to us. We got no such provision in our favor in the treaty. That again may be a good rea on why the treaty needs modification. The Chinamen 

really were too shrewd for our statesmen, as it was avowed on my 

left in a speech this morning. They got the better of the treaty ; but 

is that a reason why we should refuse to keep faith and be bound by 

it w bile it is in existence f The manly way is to seek its modification, 

and if that cannot be done, abide by it while it is in force and abrogate it when we must, and take the consequences. 

There is another provision in the bill to which I want to refer. 

The provision of the treaty I have just mentioned applies a-s well to 

laborers who were at the time of the ratification of the treaty in the 

United States as it does to the other classes I have mentioned. They 

too are guaranteed the right to go and come at plea ure, of-their own free will and accord. Do we propose by this legislation to carry out 

tho e provisions in good faith t Do we propose to have any regard 

to our own honor about it f No; we propose that they shall not go 

and come according to their own free will and accord, but that they 

must first go and register at the custom-house before they can go 

back to that country or go anywhere else, and when they return 

they must have their registration certificate or they cannot come in. 

If it should get lost or be burned during their absence they could not 

enter. The provision in the treaty that they may come and go of 

their own free will and accord is simply violated. I can use no milder 

term. 

It was said by the Senator from Colorado [Mr. TELLER] in his last 

remark that an American could not go into certain parts of China 

even with a past port. That is true; and for a long time he could 

go into no part of China even with a passport. It has been a very 

bard struggle for the dllferent Christian churches of this country and 

Great Britain and other parts of the world to get admission into the 

Chinese territory for our missionaries of the cross. Better relations 

have grown up between this country and China. They are now admitted into a large part of the empire; they have privileges that 

they could not have a.fewyears ago. Suppose in thisstateofthings we now openly violate the treaty that we have made with China and 

exclude her subjects from coming here as expPessly provided by the 
1882. CONGRESSIONAL REUORD-SENATE. 1643 

treaty that they may come, would we be astonish~d .if an edict should 

go forth from the Chinese throne that every miSSIOnary and every 

merchant of the United States sha1l be driven from the country f 

Is this what the American public seeks f Is this what the Christian 

people of this country desire f 

But it bas been said that you cannot teach them Christianity; that 

they will not assimilate with the people of this country. Treat the 

snbjects of any other government on earth as you have treated the 

Chinese in this country, and you will find they will not assimilate. 

The people who hunt them down, who throw every obstacle in the 

way of their progress, who enact penal laws in every manner posible for their punishment for offenses that you would not call crimes 

in others, should not expect them to assimilate. A people thus 

treated could not be eA'}lected to feel inclined to assimilate. 

I remember twenty-odd years ago Rev. Dr. Stiles, of the Presbyterian Church of the United States, in one of their general assem- blies, in speakinicr of the Africans in this country, used in substance 

this remark, for cannot quote his exact language : " The Southern 

church holds up to the gaze of heaven and earth more converted 

heathen than can be found in all the missionary fields of all the 

churches in heathen lands." How is it that six and a half million of 

Africans to-day on this continent and within the bounds of this Government are civilized, and a large number of them are Christianized f 

Because they were brought here into conta-ct with civilization and 

Christianity. Our missionaries have gone to Africa, to the dark jungles from whence they came, and have tried to teach Christianity 

there; and what ha been the success f Feeble; amounting to nothing as compared with the results where they were here among us. They were brought here as slave , it is true, and they were in some instances maltreated ; but the relations between the two races had 

become very cordial before the emancipation, and the result was their Christ1anization. Take the Chinaman by the hand and treat 

him as you now treat the African, and you will find him assimilate 

much more readily than he does wit.h your band turned against him, 

with your legislation turned against him, with your penal statutes 

direct.ed a~ainst him, with no encouragement offered to him, but 

every poss1 ble discouragement. 

No, the Chinaman does not assimilate. We do not permit him to 

assimilate. We offer him no inducement to assimilate; and yet with 

all this oppression, and I may say tyranny over him, the Christian 

churches even in California are planting the gospel of our Lord Jesus 

Christ among them. I do not know what the will of Providence is . upon this question. It may be that He has directed these people to our shores as He did the African people under circumstances of hardship and oppression, that they may become Christianized. If we can- not by proper treatment Christianize them here when brought into 

constant contact and association with a Christian people, how do yon 

expect our missionaries to do it in the Chinese territory where everything bears the other way t 

I believe in the doctrines of Christianity. I believe when it was said, "Go, teach all nations," tha.t it was meant. When it was said 

in another place, "Go ye into all the world and preach the Gospel 

to every creature," I believe it was intended; and I believe the day 

will come when it will triumph ineverynation; until themillennial 

period will be reached; and this may be one of the means. I know 

not what are the decrees of Providence upon this subject, but cer- tainly there is more prospect of Christianizing the Chinese by proper 

treatment when they are here in contact with us t.han there is by 

sending missionaries to their country. When we violate faith with 

the government of that country they will naturally ask, "Is this the 

character of the Christianity you send us f Is this the way you keep 

faith t Is this your estimate of moral duty f You make a compact 

with us, and you pay no attention to the obligation of your compact." 

I do not think this is the way to Christianize or civilize the Chinese. 

If we want to convert them to our Christianity and our civilization we must show them that we pra-ctice a higher morality than this. 

In my opinion the passage of this act in this shape would be a great 

obstruction to the cause of Christianity in China for a long time to come. I said that churches had already been planted amon~ them in California. Less tba.n two years ago the Southern Baptist convention 

appointed a mis ionary to San Francisco to teach the Gospel to that 

people. He has been laboring with them but a short period, and he uow has a small church of Chinamen. Other denominations of 

Christians also have chUI·ches there. Under all the disadvantages 

and all the disrespect shown them there, the Gospel still makes its 

impres ion upon them; and if we should treat them differently we do not know how fast, by getting into their confidence and showing a disposition to do justice, the Gospel would spread among them. 

But it is said that there is such an immense number of them, if we permit them to come here without restraint they will overrun the 

whole country. Therehavebeenaboutthirty-two years when there 

ha.s been no such restTaint. The treaty of Guadalupe Hidalgo was 

ratified, I believe, in lt!48. From that time until this, so far as I 

know or recollect, there bas been no law that prohibited the importation. vVhat number have they reached in thirty-two years f The 

Senator from Massachusetts [.Mr. HoAR] i:q. his able speech told us the other day that, according to the last census, there were about 

108,000 Chinese in this country, about 76,000 of those in California. 

Divide that into thirty years, and what has been the average each 

year! Between three and four thousand imini~ants a year. Some 

years it has gone above that, some years it has fallen below. Probably there has been a larger number of immigrants, but to speak 

accurately, for a great many have gone back, that is the number 

remaining here to overrun this immense continent and subjugate the 

Anglo-Saxons in the United States. In thirty-two years they have 

succeeded in having 108,000; but as it is said the census did not em- brace all, put it at 150,000, if you please, and it has been a very small 

importation as compared with that from other countries. Take the last 

year, and the reports show that there wereinroundnumbers 669,000 

immigrants into this country, nearly three-quarters of a million. 

How many of them were Chinamen f A mere fractional part; and last 

year, bear in mind, they were laboring under the stimulus that this 

treaty would soon be in the way, and it was better to hurry up if 

any of them expected to get in as laborers. Even then, I believe, some 20,000 Chinamen are all that it is claimed came to this country 

out of 669,000 immigrants during the year. 

No, Mr. President, there is nothing in that point. There is no danger of the Chinese race, or any other Eastern race overrunning 

the Anglo-Saxon or any white race in Europe or America. The tide 

of emigration has been west.ward, and still westward since the days 

of the Goths and Vandals. Yes, it runs westward. The Chinese Empire is in a great deal more danger to-day of being overrun and subverted by Yankee energy and Yankee enterprise on the one side, and 

the empire of Russia on the other, and England on the ocean, than this 

country is of being overrun by Chinamen. If we can get a treaty 

there as liberal as we can by acting in good faith, at no distant day, 

they will admit our people without restraint, and then we may expect 

ourmerchantsand manufacturers of various cla ses to go, and we will soon have thousands; tens of thousands, hundreds ofthousandsof our people in China. It is a vast field opening to commerce ; it is a vast 

field opening to manufactures and to railroads, and to every other 

enterprise, to steamships, to telegraphs, to telephones, to all the inventions of the age. It is a wide field open for us. No people on earth 

a1·e more interested in that country than the people of the United 

States. 

As I said in the outset, Great Britain has the lead there now. If we keep faith with Chinamen and the Chinese Government and act as we ought to act asa risingagriculturaland manufacturing power, 

being a great silver-producing country as we are, with our great sil- ver mines, and they being monometalists in silver, and with oUI· 

manufacturing establishments making just the fabrics they need, we ought to build up a boundless trade there, and it ought to be a great 

field for white men's energy and thrift and g-ain. I do not think, 

then, we would act wisely to violate good faith with these people. 

We have made vast expenditures to enable us to reach the im- mense future commerce of China, Japan, and other Asiatic nations. 

We have as good as donated sixty-six millions of dollars, which, with 

interest, now amounts to about one hundred millions of dollars and 

land grants covering a territory larger than the Republic of France or the German empire, to open a great highway by railroad to the commerce of the East, which brings that commerce to our doors by a route thousands of miles nearer than it can be reached by European 

nations. In addition to this, companies of capitalists have constructed a southern line of railroad across the continent, to put the southern 

section of the Union iu closer rela.tions with the Eastern powers. And 

still another great line is being rapidly pressed forward, known as the Northern Pacific Road. In addition to all this we have put costly 

lines of steamers on the Pacific Ocean. Thus, we have already ex- pended hundreds of millions of doUars to open the highways of com- merce to the Eastern empires. We produce about 60 per cent. of the 

cotton of tho world. The 400,000,000 of people in the Chinese em- pire, use cotton almost exclusively for clothing. The cotton goods 

made by our mills meet their requirements better than tho e made 

by the mills of any other country. This alone, to say nothing of all 

the other commerce between the two countries, is to be a vast item 

especially important to the Southern States of this Union. 

By the Burlingame treaty we had conciliated the government and 

people of China, and they have shown a disposition to cultivate the 

most frien illy relations with ns; and to engage in an active commerce which will be mutually beneficial, and which may soon grow to hundreds of millions a year. In view of all these important considerations, are we prepared to sacrifice the investments we have made, 

and the vast advantages opening to us for the future, by giving un- necessary and unjustifiable o:ffense to China by a flagrant violation 

of our treaty stipulations with that government, when there is not even a plausible pretext for the act, as we can amply protect our- selves against the evils of any dangerous influx of Chinese laborers, 

and still keep within both the letter and spirit of the treaty. The commerce between this country and China is now rapidly on the in- crease. 

In this connection I want to read from an answer to a telegram 

which I sent to the Chief of the Bureau of Statistics. I inquired 

of him what was the per cent. of increase in our commerce with the 

Chinese people since the Burlingame treaty. He states in reply 

that at the time of the adoption of the treaty it was $15,365,013. 

During the year ending June 30,1881, it was $27,765,409,an increase 

almost doubling our commerce with China in thirteen years. Suppose we act in bad faith in this matter and offend that people and 

theiT government, where we are in the wrong, may we expect this 
1644 CONGRESSIONAL RECORD-SENATE. MARCH 6, 

progreasim.. of increa~e .to go forward as it has gone since the Burlinn·ame treaty was ratified T No; we have much more reason to 

suppo e it will go backward, and that we will have to yield that 

most inviting field to England and France and other commercial 

nat.ions who will deal jURtly by them and keep faith with them. 

It has been objected, however, tllat the Chinamen in this country 

work for wages lower than our people can afford to work, and 

that we cannot on that account permit them to come. I state very 

frankly t1lat I do not want to introduce a cia s of people here to interfere with the labor of this country or to reduce lahor to a lower 

standard. I have always stood firmly by the laboring cla ses. I 

oppose every measure that looks to the reduction of the price oflabor. 

But when you look at the statistics and statements that we read in 

the newspapers I believe about the highest labor now on the continent is found in the State of California. I think the Senator fl'om 

Massachusetts [Mr. HoAR] demonstrated that the other day in his 

speech. Our laborers there get better wages, when they are willing 

to work, than they get probably in any other State in the Union. 

This does not look as if Chinese labor there has ruined our working 

people. But · th · '·I b. t· · d It · ·a th there IS ano er msuperau eo .1ec Ion rat e . IS sa1 e Chinese come here not to stay. It is not very consistent with the 

other proposition, that they are going to overrun the continent, to 

state that t.h.ey work and get our money and then go back home 

again. If they work so low that nobody else can labor for half as small a price as they do, for every dolla~ they carry back they leave 

two dollars' worth of labor here. That does not destroy the country 

much; that does not injure the United States a great deal. If we can keep them out of conflict with other laborers-and they have 

been mostly engaged in railroad building and other pursuits where :vou coulcl scarcely get American laborers, in the wildl!}rness-if they 

do that sort of labor for us which we cannot get our people to do, 

a.nd do it at half what the labor is worth, and then leave with tho 

money, we keep in improvements two dollars foreveryonetheytake 

away, and our civilization has not been injured. So that point, I 

think, weighs but little. 

I believe, Mr. President, I have gone substantially over the ground 

I desired to occupy in this case. As I stated in the outset, I am willin(}' to vote for a bill to restrict, limit, and for a reasonable time sus- pe~d, in accordance with the spirit and provisions of this treaty, the 

importations of Chinese laborers. I do not think twenty years a reasonable period. I do not think it in confonnity to the spirit and 

meaning of the treaty. I do think it a violation of the very spirit of 

the treaty. Therefore, on that point I shall vote for the amendment 

of the Senator from Kansas, [Mr. INGALLS,] which proposes to limit it 

to ten years. I think that is as far as the Chinese Government could 

permit us to go with the belief that we were acting in good faith. 

And to show how careful they were on this subject, they have provided in the treaty that any legislation we shall enact on this point 

is to be submitted to them and become the subject of negotiation if it 

is not reasonable. We cannot expect they will say that this is within 

the reason and spirit of the treaty. If they say it is not, and claim further concessions we shall probably then be too proud to make them, 

for we shall have acted and will not like to go back on our action, 

and the result will probably be disastrous to our intercourse and our commerce with that empire. If we commence by a shorter period of limitation or suspension, ann the Government of China is satisfied with it, and we still believe 

at the end of ten years that the importation of Chinese laborers is a positive evil, we can re-enact it; but I do not tliink it is wise or just, or that we keep faith when we say we will commence by an absolute 

inhibition for twenty years under heavy penalties. If that is the 

letter of the treaty it is clearly not the spirit of it, and as statesmen, 

moat of us lawyers, knowing something of the rules of construction, 

it is our duty to deal fairly and construe this instrument as we do 

other legal documents, and then t.o carryoutfaithfullyita provisions 

until we have changed them or have given notice that we will no longer be bound by the treaty. 

I know I do not occupy the popular side of this question. In a somewhat protracted political career it has frequently been my luisfortune to differ with majorities, and to stand in the current without 

flinching, while the surging waves ofpopular di approval rolled over me and lashed me with their fury. And I have afterward lived to see the storm subside, the elements become calm and tranquil, and 

to hear the plaudit of well done, for the act that provoked the storm. 

The statesman who adopts the rule of pandering to popular opinion 

may float peacefully with the current for the time, but he will soon be called to answer at the same bar of public opinion for acts which 

at the time of their performance were hailed with delight. My rule 

is to inquire: Is it right f And if right to move forward without fear. 

I would rather be right than popular. I would rather have the approval of my own con cience than the plaudits of the multitude, or the temporary approval of those who are controlled by their passions ann not by their reason and their judgment. 

Mr. TELLER. :Mr. President, I intend to vote for this bill, thou~h 

very likely before I do so I may vote for some amendments, but I ao not intend to vote for this bill for the reasons whieh some Senators ha~e announced as those which induce them to vote for it. I do not 

intend to vote for the bill because the Senators from California vote 

for it1 or because the people of California demand this kind of legislation; for if I did not t,bink the legislation was perfectly proper I should 

not vote for it even under that pressure. I shall vote for it because I 

believe that we have, first, the right to pass this bill independen~of 

any question of treaty. As a question of law it cannot be doul>ied 

that the Government of the United States may hinder any class of 

people from coming in that it sees fit. That has been too well es- tablished and too well settled to admit of any controversy. If we had been unable to secure a treaty of this character I should be 

quite ready myself to vote to keep the Chinese out of t,his country en 111asse as they have been coming; but that question can hardly 

arise, although it seems to have been alluded to a number of times 

in the debate, when we have here a treaty provision with China that 

expressly authorizes us to restrict the coming of Chinese, or a cla~ of 

Chinese at least. I am opposed to their coming here for the rea on that they donotcomeforthepurpose that was suggested bythe Senator from Massachusetts, [1\lr. HOAR]-and he made a very strong 

appeal and one that goes to the heart of every man in the country 

and awakens hls sympathies-when be asked: Shall we shut our door a~ainst people who are flying from oppre ion and people who 

seek this country to enjoy religious or civillibertyf 

Why, Mr. President, when ever that class of people come here I shnll 

be ready to open the door , although they may come in hordes and 

although they may be copper-colored or black. I will be ready at 

all times to extend to them a welcoming band. I will divide this 

magnificent heritage of ours with any people who come for that purpose. But these people do not come for that purpose. No China- man ever came here with an idea of exercising any greater intellectual liberty or civil liberty of any character or kind than he did 

at home. It is safe to say that the most abject Chinaman that ever came to this country came here with a great sen e of his superiority, came here with the feeling that he in everything that went to make a man exceeded the best man in this country. Probably among all 

the races of the human family, with one exception, there is not a class 

of people who have such a contempt for any other civilization than 

their own. The only exception is probably the aborigines of this 

country, who entertain precisely the same opinion and have the same feelings. 

These people come here simply to better their financial condition 

for the time. They do not come here with an intention to remain; 

they have no conception of dying and being buried in this country, or of raising families aud building up the State and participating in the 

management of governmental affairs here. 

I notice that some Senator has offered an amendment to this bill 

that no Chinaman shall be naturalized. Wh.y, Mr. President, unle s he could see some direct benefit growing out of it in a financial way no Chinaman would ever seek to be naturalized in this country. No 

Chinaman desires to participate in the afl'airs of government in this 

country. He considers it beneath him; he will not repudiate his 

allegiance to his own country for the purpose of voting unleRs he 

should discover that he could sell that vote, and when he discoveretl 

that I believe the entire Chinese population of California would rush 

to the courts to be naturalized; not, as I say, because they want to 

take part in the administration of public affairs, but to make money 

out of it. 

If these people came here and brought their families and settle(l 

down and said: "we propose to live here, we propose that our child.Ten 

shall grow up here and be citizens and subjects of this Government," 

I might in that case be inclined to favor them to some extent; but 

when there is not any thing of that kind it is nonsense to talk to us about keeping open our doors and extending our hands to a class of 

people who are attempting to flee from oppression in other lands. 

I know that the Senators who have opposed the pas age of this bill, 

and notably the Senator who has just taken his seat and another 

Senator, have spoken of fte advantage of cheap labor. Mr. President, 

I am not insensible to the factthatfromone tand-pointit is always 

desirable to have cheap labor; I am not insensible to the fact that 

when you have increased the pow~r of one man to manufacture with 

machinery you have probably made the country richer; but I deny 

that when you have brought into this country a great rna ofpeople 

who come here and simply work as laborers and who go away, they 

in the end have permanently benefited this country at all. I do not 

believe that the greatness and the glory of any people consist in the 

number of dollars and cents that are piled up in the treasury of the 

country or in the banks. I deny that national greatness consists in 

the number of railroads that it may have, in the great cities that it 

may build. Its wealth, ita greatness, its glory is in the people who 

constitute the mass of that government, and when by any system 

you have degraded a great proportion of the people of any country, no matter though you may have grown rich in dollars and in cents, 

you have destroyed the glory of that land. 

Now, Mr. President, it is said that in California labor is high, and 

therefore the Chinese cannot have injured the American laborers 

there. The honorable Senator from Massachusetts the other daJ· read an extract from a newspaper. Let me read it again. He read it to 

prove that labor was high in California and that the people were demanding this kind of labor. This is taken, I believe, from a California newspaper : 

In the matter of servants, wa~es are from $25 to $30 per month, and even then 

the girls are not willing to go ro placea where there are more than two or three children, and are very particUlar as to the work to be done. They are not Will· 
1882. CONGRESSIONAL RECORD-SENATE. 1645 

ing to go into the counti:y, ~nd seem to be determined to acc~pt no place except that in which the work 1s light. A few days ago a gentleman m Sacramento sent an order for a cook, at $20 per month. The IilllJ.la~er of an employment agency tried to get one of over forty girls to take the place, but none would go. The 

Ladies' Protection and Relief Society could not get a Protestl> nt cook for $30 fro~ 

am on~ the same lot of girls waiting for a situation. No one would go to San Lms 

Obispo to do general house work at $25. 

Then at the bottom of the article, skipping a portion of what the 

Senator read: 

The wages paid Chinamen as bouse-serrants are about the same as those paid to white help m the East, where the average wages are about $3 per week. 

.Any man who has seen this kind oflabor--

Mr. MILLER, of California. That paper is four years old. 

1\Ir. TELLER. Things may have changed as to the wages, but 

any man who has seen this kind of labor will readily understand 

that the reason why these girls decline to go is that whenever you 

put in a kitchen in California, or any other place, a '' heathen Chinee," so called, that moment you must expect that you will not get an intelligent American girl to go into that kit.chen thereafter. The 

character of the laborer has degraded the labor. \Ve have seen that 

in a S:tne,ll way in this part of the country. I can recollect when, 

.torty years ago, as stated by the Senator from Massachusetts the 

other day, the best girls in the land went into the kitchen and did 

work, and were the equals of everybody else in the community in 

which they lived; but when there came a class of immigration to 

this country not quite ef!ual to that class of help in intelligence and 

education, a class that did not feel themselves the equals of these 

American girls, and when they went into the kitchens all over the 

country, then the American girl went out of the kitchen and remains 

out to this day. So it is in California. It is a rule that has never failed ; the history of the world for two thousand years will show 

that it has never failed; that whenever you put an inferior class of 

people to doing a particular sort ofwmk, that moment the superior 

class of people decide that they will not do that kind of work, and 

labor is degraded exactly in proportion as the character of the man who does it is lower than that of the man who has heretofore done 

it. You may go all over the country to day, and you will find that 

to be true now. The Chinaman in California has made labor 

unpopular and disreputable and discreditable. 

\Ve saw the same thing in the South before the war, when the sons of the white man, poor as poverty, would decline to work in the 

cotton-field. Why Y Because the work in the cotton-field was done 

mainly by a class of men whom he regarded as his inferiors. The sons of the northern farmer cultivated their wheat-fields and their 

corn-fields ·wi.th as much of a feeling of equality with every other man as it was possible for one man to feel toward others; but not so in 

the South. The moment a young white man stepped into the field 

and worked by the side of servile labor, that moment he took the 

place socially of the men with whom he worked. 

Thus it has been ever in all the history of the world, as I before 

stated. When in the early days of Rome and Greece work wa.s done 

by the citizen, then labor was honorable, then the man who toiled 

and labored in the field aspired to the highest positions in the gift 

of the people. Not so when the labor began to be done by servile 

hands. Then the people said it is degrading to labor, and then the 

decay of the nations began when the great mass of the people looked 

down with contempt upon the men who had thus been laboring. 

It is because I believe the strength, the glory, and the greatness of 

this nation lies in the men who by the sweat of their brow eat their 

bread that I am opposed to putting them on an equality with any 

class of men inferior to them. Why, Mr. President, reference has 

been made to the negro in this country. There is no analogy. The 

negro was here, he had a right to be here, and by law we made him a citizen. He had a right to invoke every protection of the law 1 and common decency required that we should give him all the protection 

that the law could afford. But let us look the truth in the face. 

Ha the fact that the negro uneducated is doing the labor of any 

State elevated labor Y Has it made it respectable f Will it make it 

1·espectable Y Will it make it respectable in the future f Because we have one evil, shall we fly to anotherf Shall we take more of that 

class into the body-politicf We are not required by the rules of 

equity or by any other rules to make Chinese a part and parcel of our lwdy-politic. 

:Mr. President, I say that is one reason that ought to ma.ke every man in this country consider that he owes more to the people of tills 

land than he owes to any other; and my philanthropy will never get so big that to the people of the United States, born upon its soil, I 

shall not concede rights that I do not concede to people from other 

parts of the world. .And, so believing, I believe it is time to meet 

this question to-day, whether you are to put the four hundred millions of Asiatics who can come here (and who cannot only drive out 

yonr labor, but who can degrade it) on a par with the American 

citizen or not. I am not afraid to put myself upon the broad ground 

that, independent of the wants of California, independent of the 

want of her Senators, I am prepared to record my vote in favor of 

the protection of American labor, not simply by protecting it in our manufactures, but to prevent it from being brought in contact with n. labor that must necessarily degrade it whenever it comes in contact 

with it. Mr. President, believing as I believe, I am prepared to vote for this 

bill, and I vote for it with no excuse. I vote for it with pleasure, 

not speaking now of its details but of the principle, becan e I see no other way t-o protect American labor in this country; not only against 

Chinese but any other class of people who may come to this country 

lacking the qualifications that I think the immigration should have, 

I would be willing to legislate against and to restrict. Suppose that 

from some of the populous regions of Africa thousands and hundreds 

of thousands of those people should attempt to come to this country. 

I would not exclude them because they were bla-ck, but I would ox- elude them because if they came here they would injure the people 

of the United States and would prevent the people of the Unitetl 

States from having a fair opportunity to make their living by doing 

the work, and consequently they would make labor degrading; aml 

that is why I am prepared to vote for this bill. 

I noticed the criticisms of the Senator from Florida; I noticed that 

he said the bill was imperfect. I am willing to vote for anything 

that will make it in accordance with the treaty and yot not destroy 

the very purpose and object of the bill. 

1\Ir. President, duringthelast political campaign a letter was published in this country that is known to everybody as the Morey letter. It made a great deal of excitement. Why Y Because it was said the candidate of one of the political parties had announced 

that he was in favor of putting the American laborer by the side of 

the Asiatic laborer, because he had said that it was the ri~ht of cap- ital to buy labor wherever it saw fit, without reference to 1ts quality or its character. There rose up in the Republican party the whole 

party en rnasse and averred that their candidate had·never written 

such a letter, and that if he had ever written such a letter or uttered 

Rnch a sentiment they would repudiate him en ntasee; and in my 

judgment he would not have have carried a sin~le State in this Union 

if that charge bad been made good, and he ougnt not to have carried a single State. The Democratic party, a portion of them, sought to 

fasten it on him. Why Y Because they knew it was contrary to the 

sentiments of the people of the United States. They knew the people did not recognize the right of capital to buy labor at the expense 

of the men who are alreadylaborersin this land. We all repudiated 

it, both political parties; but to-day I hear in this Senate the samo sentiment uttered, that the capitalists of the country have the right 

to take labor wherever they can get it the cheapest, and if we object we are to be met with the statement that we are destroying the trade 

with China: and our people will thereby suffer. Mr. President, we had better quit the trade with China or lose ten times that amount 

than refuse this kind of legislation. 

Mr. BROWN. Will the Senator from Colorado allow me f I used no such threat in debate. I do not know whether anybody else did; 

I have not heard it from any one. .Mr. TELLER. The honorable Senator did not say that in words. 

Mr. BROWN. Or in substance. Mr. TELLER. I referred to the principle. The Senator said 

cheap labor is valuable. 

1\Ir. BROWN. I said no such thin~J. 

:Mr. TELLER. In substance, he did say it. 

Mr. BROWN. I did not. 

Mr. TELLER. In substance another Senator on that side of the 

Chamber said it was valuable. 

l\Ir. BROWN. I cannot speak for others. 

Mr. TELLER. That has been one of the strong arguments used 

against this bill, that we are driving out cheap labor and are substituting for it a higher labor. That is what I am willing to do; that. is what I am anxious to do. I am anxiousthattheman who toils as a common laborer should have opportunities to educate his children, 

to make his children the equals of every other man's children in the 

land, and that cannot be done if you deny to him the protection of 

the law under circumstances like these. · Again, can the poor man who has no profession in California, who 

is brought in contact with this Chinese labor, earn money enough to 

educate his family as he could do if the whole labor of the country was done not by Chinese but by the Caucasian people Y I say he 

cannot do it, and independent of the question of the degradation 

that he feels when labor is being done by an inferior race, heiR suffering. 

. But I noticed that the honorable Senator from Massachusetts spoke 

of this race as not an inferior race; and he quoted from Sumner and 

from Humboldt to show that we ought not to recognize inferior races. Mr. President, that may be all right in theory; bat in practice no- body pretends that is true. The Caucasian race has a right, con- sidering its superiority of intellectual force and mental vigor, to look 

down upon every other branch of the human family; a portion of 

the .Anulo-Saxon race has claimed for itself the right to look down 

upon others of the Cauca ian race because of their intellectual and 

moral superiority. All this may be nice in theory, uut it is not true 

in fact, and when you come to make the application it, does not work 

worth a cent. We are the snperior race to-day. -'Ve are superior· to the Chinese, though they go back with their three or four or five 

thousand years of civilization. As stated by some Senat-or the other 

day on the floor of the Senate, the civilization of the Chinese has not 

proceeded one whit, except as it has gathered some things from con- tact wjth us in the last few years, from what it was twenty-five hundred years ago. It ha-s stood still or it has retrog-raded, and it has 

not gone on ; and for that people there is not, as supposed by th~ 

Senator from Massachusetts, any future. It is in numbers great; it 
"1646 CONGRESSIONAL RECORD-HOUSE. MARCH 6, 

is in patience and intelligence great; in ability to live under adverse 

circumstances it is great. It is the best illustration, as stated here 

the other day, of the doctrine of the survival of the fittest and of the 

adaptation of the human race to a certain condition of affairs. They can live upon a meager diet, because for generation after generation 

they have schooled themselves and educated their race to that method 

ofliving. Dowewantto tryit f Not at all. Wedonotwantit. 

vVe want to leave those men there, and if my friend from Georgia is 

anxious to send them the ministry of the Gospel, let him carry out 

the very letter of the Scripture and send it to them, and not bring 

them to it. 

But, Mr. President, that will not bear the test of examination. 

Of the hundred thousand that are here, and have been here for years, · will some man from the Pacific coast tell me how many have become 

Christian people, what percentage of them t Not one-tenth of 1 per 

cent. have ever adopted the Christian faith or the Christian religion. 

They all with one accord deny it. They are a people actually withoutreligionof any kind or any character. As they have been schooled 

in this from the earliest times, as with a Chiaese what was is the 

best thing that can be, so they will ever remain. 

I did not intend when I rose to occupy the Senate so long; but I 

just wanted to say that while other Senators may vote for the bill 

with a sort of apology, I have no apology to make when I vote for 

this bill. 

The PRESIDENT pro tempore. The que tion is on the amendment 

of the Senator from Kansas [Mr. L~GALLS] to the amendment of the 

Committee on Jt'oreign Relations. 

Mr. DAWES. Mr. President, I do not intend to delay the vote on this bill--

1\Ir. GARLAND. Will the Senator from Mru achuset ts yield to a motion to adjourn f 

Mr. DAWES. I do not intend myself to occupy more than t en or fifteen minutes. 

Mr. GARLAND. If the Senator will give way I move that the 

Senate do now adjourn. 

Mr. DAWES. I will accede to the wish of the Senator in this 

matter. What little I desire to say I can say at one time as well as another. I have no prepared speech to make. 

Mr. GARLAND. I move that the Senate adjourn. 

The motion was agreed to; and (at four o'clock and forty-two 

minutes p. m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

Mo~DAY, March 6, 1882. 

The...!louse met at twelve o'clock m. Prayer by the Chaplain, Rev. 

F. D. rOWER. 

The Journal of Saturday was read and approved. 

FRANK GALT. 

Mr. CAMP, by unanimous consent, submitted th6 following re o- lution; which was read, considered, and agreed to: 

Resolved, That the Clerk of the Honse of Representatives be, and hereby is, au- thorized to pay out of the contingent fund of the Hou e to Frank Galt, as assistant to Journal Clerk, the per diem compensation of committee clerks from December 

5, 1881, to February 28, 1882, inclusive. 

Mr. CAMP moved to reconsider the vote by which the resolution 

waR adopted; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. _ 

CO~SULAR AND DIPLOMATIC BILL. 

The SPEAKER. The question recurs this morning on the pa sage 

of the bill (H. R. No. 3830) making appropriations for the consular 

and diplomatic service of the Government for the fiscal year ending 

June 30,1883, aud for other purposes, on which, under the rules, the 

yeas and nays will be taken. 

Mr. HOLMAN. I move to recommit the bill. with the following 

instructions : 

Resolved, That the pending bill be recommitted to the Committee on Appropriations, with instructions to amend the bill by striking therefrom all the provisions in relation to envoys extra{)rdinary and ministers plenipotentiary, and also all pronsions in relation to ministers resident and secretaJ.ies of legation, and all appro- priations for salaries of such envoys extraordinary and minlsters plenipotentiary and ministers resident and secretaries, and to further amend the bill by inserting 

therein provisions for the appointment of all such consuls and other commercial auents as shall be necessary to promote and encourage the commerce of the United 

States and to protect the interests of citizens of the United States in foreign coun- tries, and providing suitable salaries for all such consuls and commercial agents. 

The Honse divided; and there were--ayes 22, noes 79. 

:Mr. ATHERTON demanded the yeas and nays. 

The yeas and nays were not ordered,. one-fifth not voting in favor 

thereof. 

So the resolution was not agreed to. 

The SPEAKER. 'Phe question recurs on the passage of the 

bill. 

The question wa-s taken ; 

voting 92 ; as follows : and there were-yeas 170, nays 30, not 

YEAS-170. 

Aldrich, David on, Joyce, Robinson, James S. 

Anderson, Dawes. Kelley, Russell, 

Armfield, Deerin~ Kenna, Ryan, Atkins, DeMo , Ketcham, Scales, Barr, Denster, King, Scoville, 

Baffue. Dingley, Lacey, Shallenberger, Be ord, Dowd, LeFevre, Skinner, Belmont, Dunnell, Lewis, Smith, A. Herr Beltzhoover, Dwight, Lord, Smith, Dietrich C. 

Berry, Ellis, Marsh, Smith, J. Hyatt 

Bin~am, Errett, Mason, peer, Bla.c , Evins. McClure, Springer, Blanchard, Fat-well, Sewell S. McCoid, Steele, Bliss, Finley, McCook, Stone, Blount, Flower, McKinley, Strait. 

Brewer, For d, Miller, Talbott, 

Briggs, Forney, Money, Taylor, Browne, Fulkerson, Morrison, Thompson, Wm. G. Brumm, Geddes, Morse, Tillman, Buchanan, Georie, Yosgrove, Townsend, .Amos Buckner, Grou , Moulton, Tucker, 

Burrows, Julius C. Guenther, Muldrow, Turner, Henry G. 

Burrows, J os. H. Hall, Nolan, ~degraff, Thomas 

Butterwortb., Hammond, John Norcross, Caldwell, Hammond, N.J. Orth, ~~:tme, Calkins, Hardy1 Pacheco, Vance, 

Camp, HaselUne, Parker, Van Horn. CamcE_bell, Haskell, Peelle, Wadsworth, Can er, Hatch, Phister, Wait, 

Cannon, Hawk, Pound, Walker, Carpenter, Heilma.n, Prescott, Ward, 

Chace, Henderson, Randall, Washburn, Cla.rdy, Hepburn, Ranney, Webber, Clement , Herbert, Ray West, Converse, Hewitt, AbramS. Reed, Wheeler, Cook, Hewitt, G. W. Rice, Theron M. White 

Cox. Samuel S. Hiscock, Rice, William W. wil.li.ains, Chas. G. 

Covington, 

Cravens, Hum~y, 

Hutc · , Rich, Williams, Thomas 

Richardson, D.P. Willits 

Crowley, Culberson, Jacobs, 

Jones, George W. 

Richardson, Jno. S. Wise, George D. 

Ritchie, Wise, Morgan R. 

Cullen, Jones, James K. Robeson, 

Cutts, Jones, Phineas !Wbinson, Geo. D. 

NAYS--30. 

.Aiken, Dibrell, Latham, 

Bland, Dunn, Manning, Clark, Ermentrout, Matson, 

Cobb, Gunter, McKenzie, 

Col erick, Holman. McLane, 

Cox, William R. Klotz, McMillin, Curtin, Knott, Murch, 

Davis, Lowndes H. Ladd, Reagan, 

NOT VOTING-92. 

Allen, Frost, 

Atherton, Garrison, Barbour, Gibson, Beach, Godshalk, 

Blackburn, Hardenbergh, Bowman, Harmer, 

Bragg, Harris, Benj. W. BucJr, Harris, Henry S. 

Cabell, Hazelton, 

Carlisle, Herndon, CassidY-, Hill. 

Caswell, Hoblitzell, 

Chalmers, Hoge, Chapman, Hooker, Cornell, Horr, 

Crapo, Houk, 

Darrell, House, Davis, George R. Hubbell, 

Dezendorf, Hubbs, Dibble, Jadwin, Dugro, Jorgensen, Farwell, Cbas. B. KMson, :E'isher, Leedom, 

So the bill was passed. 

Lindsey, 

Martin 

1J.iles, ' 

Mills 

Moore' , Morey 

Mutchler, 

Neal, 

Oates, O'Neill, 

Page, 

Paul, 

Payson, Pierce, 

Pettibone, Phelps, 

Rioo, John B. 

Robertson, 

Robinson, Wm. E. 

Rosecrans, 

Ross, 

Scranton, Shackelford, 

The following pairs were announced : :Mr. SPAULDING with Mr. STEPHENS. 

1\Ir. Bo~lAN with Mr. ALLEN. 

Mr. GODSHALK with Mr. DUNN. 

Mr. LEEDO;\I with Jt!r. SHULTZ. 

Mr. BLACKBUR~ with Mr. HUBBELL. 

Mr. THO)fPSON, of Iowa, with Mr. MILLS. 

Mr. RANDALL with Mr. O'NEILL. 

Mr. HlLL with Mr. DIBBLE. 

Mr. AIKEN with Mr. WARD. 

Mr. SCRANTON with Mr. FROST. 

Mr. PAYSON with Mr. TOWNSHEND of Illinois. 

Mr. HOUK with Mr. WHITTHORNE. 

Mr. SHELLEY with Mr. FARWELL of illinois. 

Mr. WATSON with Mr. MUTCHLER. 

Mr. TALBOTT with :Mr. liAR.."'d:ER. 

Sineeton, J as. W . Sp ks Stocksia~er, Turner, scar Warner, 

Willis. 

Shelle¥, 

Sherwm, 

Shultz, 

Simonton, 

Singleton, Otho R. 

SpaUlding, 

Spooner, St.ephens, 

Thomas, Thompson, P . B. 

Townshend, R. W. Tyler, 

Updegraff, J. T. 

Urner, 

VanAernam, Van Voorhis, 

Watson, 

Wellborn, 

Whitthorne, 

Wilson, 

Wood, Ben.jamin Wood, Walter A. 

Young. 

Mr. THOMPSON, of Kentucky, with Mr. SHERWIN. 

Mr. MILES with Mr. CARLISLE. 

Jt!r. MARTIN with Mr. JADWIN. 

Mr. BEACH with 1\lr. VAN VooRHis. 

Mr. WILSO~ with Mr. WEBBER. 

Mr. ERRETT with Mr. HOOKER. 

Mr. SIMONTON with Mr. RICE of Ohio.