1882. CONGRESSIONAL RECORD-SENATE. 1539 

Also, the petition of Isaac N. Johnson, for a pension-to the Committee on Invalid Pensions. . By Mr. BRENTS: The petition of citizens ofWashington Territory, 

praying the forfeiture of ceryain lands cl~ed by ~he Northern Pacific Railroad-to the Comnnttee on the Pacific Railroad. · By Mr. BUCHANAN: 'l'he petition of 260 citizens of Columbus, 

Georgia, 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. 

Bv Mr. CAMP: The petition of John L. Ransom and others, citizens of New York, for legislation granting a pension to Union soldiers 

who were confined in rebel prisons-to the Committee on Invalid 

Pensions. 

By Mr. CARPENTER: The petitions of 126 citizens of Sac County, 

and of 172 citizens of Cherokee County, asking that the same privileges and encouragement be given to bllilding bridges across the 

Missouri River above Omaha as below said city-severally to the 

Committee on Commerce. 

By Mr. CHAPMAN: The petition of Joseph Price and 105 others, 

citizens of Maryland, praying for an appropriationfordeepeningthe 

channel of Chickamuxon Creek, a tributary of the Potomac Riverto the same committee . .Also, the petition of H. Clay Waid and 132 others, citizens of Maryland and Virginia., for an appropriation of $5,000 for removing obstructions to the navigation of Piscataway Creek, a tributary of the 

Potomac River-to the same committee. 

By Mr. CURTIN: The petition of Allan .A. Craig, for relief-to the 

Committee on Military Affairs. 

By Mr. DEERING: The joint resolution of the General .Assembly 

of the State of Iowa, asking Congress to amend the patent laws so as .to protect innocent purchasers of patented articles-to the Committee on Patents. 

By 1\li'. DUNN: Papers relating to the claim of Pleasant H. Thomp- son and of Benjamin :1! .... Wallace-severally to the Committee on 

War Claims. 

By Mr. DUNNELL: Papers relating to the claim of William S. 

Grant-to the same committee. 

By 1\.fr. ERRETT: Two petitions, embracing the names of 57 workingmen of Pittsburgh, Pennsylvania, in favor of the passage of the 

McKinley bill :fixing the rates of duty on manufactures of iron, steel, 

&c.-severally to the Committee on Ways and Means. 

By Mr. S. S. FARWELL: The petition of Harvey Baker and 91 

others, citizens of Iowa, praying that Congress enact a law conkolling railroad and other corporations, and to prevent extortion and 

discrimination in their charges-to the Committee on Railways and 

Canals. 

By Mr. HEPBURN: The petition of Reuben Newton and many 

others, citizens of Iowa, asking that authority be given for the con- struction of bridges across the Missouri River above Omaha on as favorable terms as have been granted to persons erecting bridges below Omaha and at points on tne Mississippi River-to the Committee on Commerce. 

By Mr . .A. S. HE...WITT: The petition of the Board of Trade and 

citizens of Paterson, New Jersey, for an appropriation for the erec- tion of a public puilding at that place-to the Committee on Public 

Buildings and Grounds. 

By Mr. HILL: The petition of citizens of Paterson, for an appropriation for the improvement of the navigation of Passaic River between Passaic and Paterson-to the Committee on CQ.IOIIlerce. 

By :Mr. HISCOCK: The petition of Samuel Keator and others, 

citizens of Courtland, 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 Banking and Currency. 

By Mr. KASSON: Papers relating to the pension claim of Benjamin J e:ffdes-to the Committee on Invalid Pensions. 

By M.T'. LINDSEY: The petition of Mary E. Ketcham, widow of 

James Ketcham, asking for pay for the destruction of currency-to 

the Committee on Claims. 

By Mr. MANNING: Papers relating to the claim of Jordan Broadway, of Nancy P. Garrison, of William P. !vie, and of D~vid T. 

Saunders-severally to the Committee on War Claims. 

By Mr. McKINLEY: The petition of L . .A. Mason and others, citi- zens of Columbiana County, Ohio, for legislation to regulate international and interstate commerce and against unjust discrimination 

in rates by railroad corporations-to the Committee on Commerce. 

By Mr. McLANE : Papers relating to the claim of Mrs. Priscilla 

Decatur Twiggs, for an increase of pension-to the Committee on 

Pensions. 

By Mr. MONEY: The petition of Elijah Vandever, for relief-to 

the Committee on War Claims. 

By Mr. MOORE: Papers relating to the claim of .Ann D. Connell, 

"xecutrix of the estate of Hiram D. Connell, deceased; of Lucy E. 

Dowdy, executrix of James 1\f. Priddyz of Sarah Waters, administratrix of William R. \Vebberand Henrue E. Revell, executorsofthe 

estate of M. W. \Vebber, deceased; of William H. Wood, administrator of David H. Hildebrand; of Abner W. Lanier; 'of Fannie T. 

Hunt, and of William .A. Williamson-severally to the same com- mittee. 

Also, papers relating to the claim of John McDowell-to the same committee. · . 

By 1\Ir.l\illLDRO\V: The petition of Theodoric C. Lyon, for reliefto the Committee on Claims. 

By Mr. NEAL: The petition of Benjamin Martin and 50 others, 

citizens of Gallia County, Ohio, for legislation to regulate charges 

for railway transportation-to the Committee on Commerce. 

.Also, the resolutions of the Dick Lambert lodge of the Grand .Army 

of the Republic at Ironton, Ohio, in favor of paying increased pensions to di a bled soldiers, their widows and orphans, and against the 

reduction of taxation on spirits and tobacco-to the Committee on Invalid Pensions. . By Mr. O'NEILL: .Additional papers relating to the claim of John 

.A. WaO'ner-to the Committee on Military .Affairs. 

By Mr. SIMONTON: Papers relating to the claim of James .A. Bowling, of S. Peyton, of John T. Warren, of Robert Talley, of James E. 

Wood, and of Gideon B. Wray-severally to the Committee on War 

Claims. 

By Mr. WILLI.A...."\1 G. THOMPSON: The petition of over 200 citi- zens of Iowa and Nebraska, praying that the Sioux City and Pacific 

Railroad Company be authorized to build a bridge over the Missouri 

River on terms and conditions as favorable as have been granted to 

other railroad companies-to the Committee on Commerce. 

By Mr . .AMOS TOWNSE~: The petition of George W. Rice, William Hill, and 50 others; of George Paul, }\ S. Heath, J. G. Reed, 

and 50 others; and of D. M. Slocum, R. R. Morrison, and 100 others, 

asking for the passage of the bill relating to the duties on hoop-ironseverally to the Comw.ittee on Ways and Means. 

By 1\-Ir. TYLER: The petition of Hon. Charles M. Lamb and 50 

others, citizens of Royalton and Tunbridge; and the resolutions 

adopted by the citizens of Saint Johnsbury, Vermont, in mass meeting assemllled, asking the passage of the Edm1mds bill or some other 

law for the efiectnal suppression of polygamy-severally to the Committee on the Judiciary. 

By Mr. THOMAS UPDEGRAFF: The joint resolutions of the General.Assembly of Iowa, praying for the amendment of the patent laws, so as to protect innocent purchasers of patented articles-to the Committee on Patents . .Also, the petition of William Mott, F. H. Welzel, H. P. Dawes; 

and 86 others, citizens of Postville; and of Rev. C. C. Cragin, J. F. 

Liebhardt, WilliamJ. Gilchrist, and 1,627 others, citizens of Clayton 

County, Iowa, for immediate and effective measures for the suppression of polygamy-severally to the Committee on the Judic.iary. 

By 1\fr. UPSON: The petition of Joseph Magoffin, .A. Blocker, J. 

P. Hague, and others, citizens of El Paso, Texas, praying for an appropriation to construct an .approach to Fort Bliss-to the Committee on Military .Affairs. 

By Mr. V .ANCE : The petition of N. J. Smith, principal chief of 

the Eastern Cherokees, praying that exclusive jurisdiction be given 

the United States courts over all civil matters pertaining to them 

in their tribal or individual capacity-to the Committee on Indian 

.Affairs. 

.Also, papers relating to the claim of Polly Tatham, administratrix 

of the estate of James C. Tatham, for compensation for surveying 

Indian lands-to the same committee. . By Mr. V .AN VOORHIS: The petition of the members of the Rochester (New York) .Academy of Science, asking for a reduction in the 

duties on books of a scientific character and scientific apparatusto the Committee on Ways and Means. 

By lli. WADSWORTH: The petition of 40 citizens of Peun Yan, 

New York, for the repeal of the tax on bank deposits and the twocent stamp on bank checks and drafts-to the same committee. 

.Also, the petition of soldiers of .Albany, New York, praying that 

pensions be granted to Federal soldiers who were confined in rebel 

prisons during the la,te rebellion-to the Committee on Invalid Pensions. 

By Mr. W .ASHBURN : Memorial of H. C. Wait and others, citizens 

of Saint Cloud, Minnesota, asking for legislation that will allow the 

construction of a dam in the Mississippi River at that point-to the 

Committee on Commerce. 

By Mr. M. R. WISE : Papers relating to the pension claim ofWalter 

J. Plowden-to the Committee on Invalid Pensions. 

SENATE. 

THURSDAY, March 2, 1882. 

Prayer by the Chaplain, Rev. J. J. :BuLLOCK, D. D. 

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

PETITIONS AND MEMORIALS. 

The PRESIDENT pro tentpore. The Chair presents resolutions of 

the directors of the Union League of Philadelphia, recommending 

the plan of Mr. Oliver Evans Woods for better securing the delivery 

of foreign letters through the United States ma:ils. 

Mr. FERRY. Judging from what has been stated, I imagine that 

that communication concerns the delivery of dead letters, both foreign and domestic, and I ask that the resolutions be read. 

Mr. EDMUNDS. I do not think we ought to encumber the REcORD, which is an enormous expense, by :reading the resolutions. If 
I540 CONGRESSIONAL RECORD-- SENATE. MARCH 2, 

the memorial is read it goes into the RECORD, and will be printed at an expense probably of a hundred dollars. 

Mr. FERRY. The subject presented by this communication is one that concerns almost everybody, and !think itwould bothesimplest 

way of putting it before the people. It will go to the Committee on Post-Offices and Post-Roa-ds and attract the attention of the p11blic. 

That waA my object. 

Mr. EDMUNDS. So far as legislation goes, putting it before the 

Senate is the object of a petition and not to put it before the peoplk. FERRY. Whatlittleexperienceihave hadinlegislation~oes to show tha.t public opinion has much to do with shaping legiSlation. We are representatives of the opinion of the public, and so far as we can gain an expression of that opinion we are so far advised 

beyond the possibilities of our own acquirement. 

Mr. EDMUNDS. That goes to the proposition that we ought to 

p:rint ever:!' petition and memorial that is sent to this body and tax 

the people to pay for that ptinting. The Senate has not thought so, 

and its rules do not provide so. That is my only objection. 

The PRESIDENT pro tempore. The Senator from Michigan does 

not wish to test the sense of the Sena~ on the question, the Chair 

understands. . Mr. FERRY. If the Senator from Vermont objects, of course un:m- imous consent cannot be given to the reading, but I would prefer to 

have the resolutions read. 

The PRESIDENT JWO tempore. The resolutions will be referred to 

the Committee on Post-Offices and Post-Roads. 

Mr. LAPHAM presented a :roomorial of the Chamber of Commerce 

of Los Angeles, California, in favor of the incorporation of the Maritime Canal Company of Nicaragua; which was referred to the Cominittoo on Foreign Relations. 

He also presented a resolution of the Buffalo Board of Trade, in 

favor' of the. permanent organization of the Signal Corps; which was referred to the Committee on Military Affairs. 

Mr. FERRY presented the petition of G. W. Vanliken and 44 others, 

of Cold water, Michigan, and the petition of A. L. Girard and 54 others, 

citizens of Girard, Michigan, praying for legislation to regulate 

charges for railroad transportation ; which were referred to the Comniittee on Commerce. 

Mr. MAXEY presented the petition of Asa Weems and others, citi- zens of Wood County, Texas, praying for theenactmentoflawsprohibiting Ulljust discriminations by railway companies; which was referred to the Committee on Commerce. 

Mr. MORRILL presented a petition of citizens of Montpelier, Vermont, praying for an appropriation for"the erection of a public buildirig at the capital of that State; which was referred to the Committee on Public Buildings and Grounds. 

:Mr. 'ALDRICH presented the petition of Joseph Church and 125 

others, citizens of Rhode Island, engaged in commerce and fisheries, 

praying for an appropriation for the erection of a light-house at 

Sakonnet Point, in that State; which was referred to the Committee on Appropriations. 

Mr. HARRIS. In June, 1878, I presented a petition of Collin 

Adams. It seems the petition and papers have been mislaid or· lost. 

I again present the petition of Collin Adams, praying that the proceeds of the sale of certain cotton seized by the Army of the United 

Statea, and which proceeds were used for the benefit of the Government, be paid to him. I move that the petition, together with the 

accom,panying paper, be referred to the Committee on Claims. 

The motion was a~reed to. 

Mr:MTI..LER, of New York, presented a petition of citizens of New 

York who were ex-Union soldiers, praying that survivors of so-called 

confederate prisons be pensioned; which was referred to the Committee on Pensions. 

Mr. BUTLER presented the petition of Dan Talmage, Sons & Co., 

the bank presidents of the city of Charleston, South Carolina, the 

president of the Chamber of Cemmerce, and a number of lea-ding bu,si- ness men of Charleston, praying for a modification of the treaty with 

the Hawaiian Islands regarding the duty on rice; which was referred 

to the Committee ou Finance. 

He also presented two petitiens of citizens of Charleston, South 

Carolina, praying for an appropriation for the improvement of the 

navigation of the Santee River in that State; which were referred 

to the Committee on Commerce. 

Mr. McPHERSON presented a memorial si~ed by 46 prominent 

importers of Philadelphia,-remonsbating agamst the pa-ssage of the 

bill abolishing the right of trial by jury of questions as to the rates 

of duty under tariff laws and substituting instead an appeal t.o the 

Secretary of tlie Treasury or to the Court of Claims upon any question of lawful rates or assessment of duty, the decision of either to 

be final; which was referred to the Committee on Finance. 

REPORTs OF COMMiTTEES. 

Mr. KELLOGG, from the Committee on Commerce, to whom was referred· the bill (S. No. 818) to extend the limits of the port of New 

Orleans, ana for other purposes, and inalring an appropriation for 

the improvement · of the harbor of said port, reported it with an 

amendment. ,. . ~ . 'Mr. PLATT, t'ioiri tneCoiD.mittee on Patents, to whom.' was referred 

the bill (S. No. 1238) to regulate practice in patent snits, reported it 

with amendments. 

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

(S. No. 66) to regulate practice in snits brought to recover damages 

for infringement of patents, asked to be discharged from its further 

consideration, which was agreed to; and the bill was postponed indefinitely. · Mr. PLATT. I am instructed by the same committee to report 

a-dversely the bill (S. No. 155) to provide for refunding of fees in all cases of void re~istration of trade-marks. Perhaps some Senator 

interested in the oill would desire to have it go upon the Calendar; 

otherwise I a-sk for its indefinite postponement. 

Mr. GARLAND. Is there a written report accompanying the bill f :Mr. PLATT. There is no written report. 

Mr. GARLAND. Let it go upon the Calendar, then. 

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

Calendar with the adverse report of the committee. 

Mr. SAWYER, from the Committee on Post-Offices and Post-Roa-ds, 

to whom was referred the bill (S. No. 265) to provide for the payment of the amount due the Burlington, Cedar Rapids and North- ern Railway Company for transportation of the United States mails, 

reported it with an amendment, and submitted a report thereon, 

which was ordered to be printed. ,l)~. HAMPTON1 from the Committee on Military Affairs, to whom was referred the bill (S. No. 1017) for the relief of A. H. v~n Leutwitz, reported it with an amendment, and submitted a report thereon, 

which was ordered to be printed. 

Mr. FARLEY, from the Committee on Commerce, to whom was re- ferred the bill (S. No. 212) to amend sections 2582, 2583, 2607, and 

2684 of the Revised Statutes of the United States relating to the collection districts of California, reported it without amendment. 

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

(S. No. 1290) to amend sections 2586 and 2587 of the Revised Statutes 

of the United States, reported it without amendment. 

Mr. CONGER, from the Cqmmittee on Commerce, to whom was referred the bill (H. R. No. 1049) to promote the efficiency of the 

life-saving service, and to encourage the saving of life from shipwreck, reported it with an amendment. 

PRUITING OF MEMORIAL CARD. 

Mr. ANTHONY. I am directed b'y the Comnrittee on Printing, to 

which waa referred a resolution, "That there be printed from tho 

engraved plate of the memorial eaid prepared in ho:rior of the late 

President James Abram Garfield, 5,000 copies for distribution by the Senate," to report it back and ask to be discharged from its further c~nsideration. An act has passed both Houses authorizin~ any mem- ber of Congress to obtain those cards at cost, which Will be very 

trifiirig indeed. Therefore there is no need to have them printed for 

free distribution by the Senate. 

l'he PRESIDENT pro tempore. The resolution will be postponed 

indefinitely. BILLS INTRODUCED. 

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

introduce a bill (S. No. 1358) to grant 'additional pensions to those 

who have lost an arm or a leg in the service of the United States; 

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

Mr. WINDOM asked and by unanimous consent, obtained leav& 

to introduce a · bill (S. No. l359) granting a pension to A. J. Hunt; 

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

referred to the Committee on Pensions. 

Mr. HOAR. I ask leave to introduce a bill for the relief of Abel 

Greene for reference. I desire to state that I introduce this by' re- quest. I have myself no knowledge of the facts on which the bill is 

drawn. 

By unanimous consent leave was granted to introduce a bill (S. No. 

1360) for the relief of Abel Green; which was read twice by its title, 

and referred 1o the Committee on Pensions. 

Mr. ROLLINS asked and, by unanimous consent, obtainedleave to 

introduce a bill (S. No. 1361) to authorize the Secretary of the Interior to rent for a term of years the building at the southwest corner ofPennsrlvania avenue anu Thirteenth street northwest, in the city 

ofWashingt.on, District of Columbia; which was read twice by its 

title, andreferred to theCommitteeonPublicBuildings and Grounds. 

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

to introduce a bill (S. No. 1362) for the relief of the city of Glasgow 

in the State of Missouri, and of certain citizens thereof; which was read twice by its title, and, with the papers on file in the case, referred 

to the Committee on Claims. 

Mr. !-!ILLER, of New York, asked and, by unanimous con ent, 

obtained leave to introduce a bill (S. No. 1363) for the relief of 

Thomas Sampson; which was read twice by its title, and referred to 

the Committee on Commerce. 

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

to introduce a bill (S. No. 1364) making an appro:I).riation for the ·rection of a light-house at or near Sakonnet Point, Rhode Island; 

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

Mr. KELLOGG askeO. and, by unanimous· consent, obtairi.ed leave 
1882. CONGRESSIONAL RECORD-SENATE. 1541 

to introduce a bill (Sr No. 1365) for the relief of George F. Brott; 

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

referred to the Committee on Claims. 

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

introduce a bill (S. No. 1366) for the relief of Arthur W. Eastman; 

which was read twice by its title, and referred to the Committee on Pu ulic Lands. 

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

introduce a bill (S. No. 1367) for the relief of H. C. Linn; which was read twice by its title, and, with the accompanying papers, referred 

t o the Committee on Indian Affairs. 

Mr. MILLER, of New York, (by request,) asked and, by unanimous consent, obtained leave to introduce a, bill (S. No.1368) for the relief 

of Joseph M. Cumming, Hamilton J. Miller, and William McRoberts; 

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

Mr. 11UTCHELL asked and, by unanimous consent, obtained leave 

to introduce a bill (S. No. 1369) authorizing the Secretary of the Interior to pay the pension allowed Jane Sturrock1. deceased, mother of 

William D. Sturrock, deceased, late of the One nundred and eightyseventh Regiment Penn13ylvania Volunteer Infantry, to David Sturrock, the dependent invalid father of said soldier; which was read 

twice by its title, and referred to the CommittE}e on Pensions. 

PAPERS WITHDRAWN AND REFERRED. 

On motion of Mr. MITCHELL, it was 

Ordered, That the paJlers in the case of Mary V. Wilt, widow of Lieutenant 

Wilt, United States Volnnteers, be taken from the files and referred to the Committee on Pensioll.S. 

On motion of Mr. MAXEY, it was 

Ordered, That the papers on file in the case of Francis Gnilbeau, of San .Antonio, 

Texas, be withdrawn frOm the files and referred to the Committee on Claims. 

FAST MAIL SERVICE. 

Mr. GORMAN submitted thefollowlngresolutiou; whleh was con- sidered by unanimous consent, and agreed to: . 

Resolved, That the Postmaster-General be directed to transmit to the Senate a statement givinu the amonnt expended during the fiscal year ending Juneao, 1881, 

fur speciall'acili'fies for fast mails, a. list of railroad companies receiving the same, the amount paid to each company, and the additional service furnished, and to what extent the service has been expedited, if any, by each company; also a detailed statement of contracts mad.efor specialfastmail facilities during thepresentfisca.l 

year to date, the amount to be paid to each railroad company, and the character of 

the additional service to be performed by each company. 

SIXTH NORTH CAROLINA COLLECTIO:N DISTRICT. 

I\Ir. VANCE. I submit a resolution, which I ask unanimous con- sent to have considered at this time. 

The Acting Secretary read the resolution, as follows : 

Whereas the cost of collecting the internal-revenue tax in the sixth collection 

district of North Carolina. is near 60 per cent., being greater than tha.t of any other 

district in the United States; and 

Whereas there are many and serious charges of corruption and misconduct 

against tbe officers in charge 6f the execution of these laws made openly in the newspapers and elsewhere, which charges are generally believed: Now, therefore, Be it resolved, That a committee of tnree Senators, to be appointed by the President of the Senate, shall be charged with the duty of investigating the condition 

of affairs in said State with reference to said charges and complaints, with ample 

powers to compel the appearance of witnesses, to administer oaths, employ a stenographer and clerk, and do all other necessary things in the premises. 

Mr. SHERMAN. That is an extraordinary resolution. I have no objection to the Senator calling for any information from the Department with respect to the subject, but this is rather in the nature 

of an executive inquiry. I suppose it relates to a matter that is now pending in executive session, and is before the Committee on Finance, 

relating to the sixth district of North Carolina,. I certainly would 

object to the adoption of a resolution containing such a recital, of 

which we can know nothing. 

Mr. V .ANCE. I cannot hear the Senator distinctly. On what 

ground does he object to the resolution' 

Mr. SHERM.A.J.~. I certainly should object to the passage of a res- olution containing a -recital about which we know nothing. If the 

Senator wants any information from the proper executive Department in respect to the condition of affairs in the sixth district of 

North Carolina, he can very easily get that information, and then it 

should be referred to the Committee on Finance, which has charge 

of the nomination now pending of a collector for that district. It 

would be very pertinent to have any information from the Department on that subject, but I fear it would not be proper to institute a special committee of this kind in regard to a sin~le collection district in the United States, when the subject-matter 1s before the Committee on Finance, and is a matter of executive business. I therefore 

sha.ll object to the consideration of the resolution now. The PRESIDENT pro tempm·e. Objection to the present consideration of the resolution beinO' made, it goes over. Mr. VANCE. I hope the Senator will allow me to make a remark 

in answer to what he has said. 

:Mr. SHERMAN. Certainly; I have no objection. !withhold my 

objection for that purpose. 

Mr. VANCE. The Senator says it will be very easy for me to get 

any i~tformation I desire by simply applying to the Department. I be~ to undeceive the Senator in regard to 1Jlat. I have applied 

tWl.ce to the Secretacy of the Treasury for certain documents, and I 

have had two responses to that application. .A. resolution was introduced by me in the Senate on the 16th day of last January. Each 

response thereto has been a clear and unmistakable evasion of the 

demand. I hold the replies to that reg_ nest for information in my hand. 

The resolution calls for "copies of all charges, complaints, reports, or other information concerning irregularities in the collection of internal revenue in the sixth collection district of North Carolina." Mr. 

Commissioner Raum, in his response to the Secretary of the Treasury, 

which is published, says: 

It is proper t.o state, however, tliat the reports of examining officers on the office 

and district are not included. These reports do not contain charges. They ~re 

the criticisms Qf the agents on the current work of the office and diStrict, and tt .... eir 

suggestions for the improvement of the service. 

The very things that I wanted. Failing to get that, I wrote a private letter to the Commis ioner of Internal Revenue, n.nd named 

those reports in particular, of which the followi,ng letter is a copy. 

I will read the portion which is material: 

I wanted the complaintsJ charges, &c., if anv, made by the people in regard to the manner of executing tne revenue laws in tnat district, and especially the re- ports of special agents Brooks and Kellogg, which I think were frurly included in 

the resolution nnder the words " other irif()rmation." 

In reply to that I have received an additional report, of matters 

that I did not call for, and no mention whatever is made of thereports of Messrs. Brooks and Kellogg, which I called for in the first 

resolution and which I called for specifically in the second letter. 

That being the case, I have not the opportunity of obtaining the 

information which I desire, and for that reason, among others, I ask 

for this investigation into the sixth collection district of North Carolina, which has nothing whatsoever that I know of to do with the 

nomination pending, and which has been a public scandal for ten 

years to the Government and to the State ofN orth Carolina; that is to 

say, it has been made an excuse for charges against the people of the 

State of North Carolina, and they in turn have made charges of cor- ruption against that department, which were generally believed and 

universally published in the newspapers and commented upon on the 

hustings and elsewhere in North Carolina. 

I want to see the truth ofthose charges investigated. Ift.he rev- enue department is not to blame for the disturbances wbi.ch have 

occurred there I want it exonerated. If the people whom I ha, ve the 

honor to represent have not been guilty of the conduct attributed to 

them by the revenue department, or if they have been guilty of any excesses under gross provocation, I want that to be ma<le known. 

Therefore I ask for the adoption of the resolution. 

The PRESIDENT pro tempo're. The resolution goes over under 

objection. 

Mr. V .ANCE. I give notice that I shall call it up at tbe earliest 

moment. 

BAYOU LA. FOURCHE. 

1\.fr. KELLOGG submitted the following resolution; which was considered by unanimous consent, and agreed to : 

Resolved, That the Secretary of War be directed to transmit to the Senate an estimate of the expense of clearing the wrecks and other obstructions to naviga. tion at the mouth of Bayou La Fourche, Louisiana. 

NAVY REGISTER. 

Mr. ANTHONY submitted the following resolution; which was referred to the Committee on Printing: 

Resolved, That 1,000 copies of the Navy Register for Jrunmry, 1882, be printcn for the use of the Senate. 

ARMY REGISTER. 

Mr . .ANTHONY submitted the following resolution; which was referred to the Committee on Printing: 

Resolved, That 1,000 copies of the Army Register for January, 1882, be printed for the use of the Senate. 

CARRIAGE-WAY L~ THE MALL. 

Mr. SHERMAN submitted the following resolution; which was considered by unanimous consent, and agreed to: 

Re8olved, That the Committee on Pub.lic Buildings and Grounds be directed to inquireintothe expediency of extending the carria~e-way in the Mall, in the city of Washington, through the public grounds occupied by the .Botanic Garden, so as to connect with Pennsylva.nia and :Maryland avenues on First street. 

HERMAN BIGGS. 

The PRESIDENTp1·o tentpore. If there be no further morning business, the morning hour is at an end and the proceedings und~r the 

Anthony rule will now commence., The pending bill is the bill (S. 

No. 173) for the relief of Herman Biggs, and the question is on ordering the bill to be engrossed for a third reading. 

Mr. SEWELL. At the close of the morning hour yesterday the 

Senator from Vermont [Mr. Em:rmiDs] desired information as to 

whether Herman Biggs ha<l received a pension. I can now give that 

information. From October 10,1865, to January 1, 1878, he recei<ved 

$7.50 per month. From January 1, 1878, to February 3, 1879, he 

received 15 per month. From February 3, 1879, to the present time 

he has been in receipt of $30 per montli, which, as I understand, is 

the maximum sum he can receive. 

Mr. COCKRELL. What arrears did he receive 7 

Mr. SEWELL. :None. H~ received 7.50 a month from 1865 to 

the time when he drew his pension. 

Mr. COCKRELL. When was the pension granted f 

Mr. ED~S. On the 24th of April, 1879. 

Mr. COCKRELL. He then drew arrears from the date of his dis· 

ability Y 

. 
1542 CONGRESSIONAL RECORD-SENATE. MARCH 2, 

Mr. EDMUNDS. He has received $2,250 down to December last. 

Mr. SEWELL. He received from October 10, 1865, to January 1, 

187tl, a pension at therateof$7.50permonth. ltwasthenincreased 

to 15, and subsequently to $30 per month. 

While I do not think there is any necessity for stating the precedents in a case of this kind, as I claim that this officer is simply asking what he wa~ entitled tohavehadin 1865, and that he has not by 

virtue of his resignation lost his equity to the benefit of being retired, 

I will state some cases which have gone 'through both Houses of Congress during the last twenty years similar in their character, with 

the simple exception that the persons were not wounded in action as this officer wa.s. Samuel Ross, unassigned and mustered out as major January 1, 

1871, and as second lieutenant March, 1872, and retired with the rank 

of brigadier-general to date from January 17 1871, by act of May 10, 

1872; reduced to the rank of colonel by act of March 3, 1875. 

William G. Johnson wa~ mustered out as first lieutenant August, 

1866; was in service as first lieutenant of infantry June, 1867; out 

of service October, 1869; in service as first lieutenant February 10, 

1870; mustered out January, 1871; in service as second lieutenant 

May, 1871, and retired with rank of captain May, 1871. 

James B. Collins, mustered out under the act approved July, 1870, was restored and retired by the act of March 3, 1879, with rank of 

major to date from January 1, 1871. , PhWp W. Stanhope, mustered out under the act of Congress July, 

18i0, was restored and retired by the aet of March, 187t}. 

Francis 0. Wise was restored and retired with the rank of lieutenant-coloneJ by act of March, 18i9. 

Nathaniel H. McLean, resigned as major June, 1864, was restored 

and retired with the rank of lieutenant-colonel by act of March, 1875. 

W. G. Sprague, mustered out September, 1865, in service as second 

lieutenant April, 1866, was retired with the rank of captain May, 

1870. 

These are some that I have been able to get together in the last 

twenty-four hours as precedents in the case. The Senator from Ohio [Mr. SHERMAN] referred to the number of 

officers in service on the frontier who were entitled byreasonofage, 

:tnd being worn out in the service, to the benefit of being retired, 

but who were excluded because the number is full. I claim that 

this officer is fully as much entitled, nay, more so, than any officer 

in the service, save and except those who have been wounded like him. 

Those who are in the service are serving at posts where they have 

all the comforts of life, where they have their families about them, 

where they are receiving their pay, andareabletosupport their families. In this case, this officer has spent his fortune nursing a wound 

received in action, and he is to-day, surrounded by his family, on a sick bed, unable to support himself. If any case can lay claim to 

the consideration of Congress, I say that this is exceptionally such a claim. 

Mr. EDMUNDS. Mr. President, precedents can be found for everything, and particularly if they are bad precedents. The Congress of 

the United States has over and over again in every department of ~overnmental affairs ma,ae bad precedents; and the Senator from 

New Jersey asks us to make another, as it appears to me, with great 

respect to him. 

Here is an officer who, so far as we can learn from the report of the 

comm'ittee and from the papers, deliberately resigned his commission 

in the year. 1865. I do not see any evidence that he was then entitled 

to go upon the retired list, which is the point made by the Senator 

from New Jersey, if I correctly understand him, because the law provided there should have been forty years service, if I am not mistaken in the length of time-a great number of years of consecutive 

service-or a total disability to perform military duties growing out 

of military service. 

The then Colonel or Captain Biggs, whatever rank he held at that 

time, resigned. According to this report, so far as one can get at the 

state of things, the splinter wound, as it is called, which he had re- ceived in some engagement in North Carolina, had not rendered him 

incapable of performing military duty and did not entitle him to go 

upon the retired list at that time. If that be so, then having l'esigned, he left the Army of the United States exactly as thousands 

of other officers did who had gallantly served their country before. 

The retireS. list, as has been so often stated, is made especially and 

exclusively as a home for the old and worn-out officers of the Army 

of the United States who have served their country a great length 

of time, or who have become physically disabled from further service 

in the course of their occupation. As the Sen a tor from 0 hio has stated, 

and I myselfknow several instances p ersonally, the number of officers 

of the .ATmy of the United States now on the active list who but for 

the fact that the retired list is full and running over would have a 

right to demand to be retired, is very considerable indeed, but they are obliged to remain on the active list and do what duty they can under suffering and misfortune, from the fact that having spent their 

lives in the service of their country there is no other occupation to 

which they can turn, and if they resign they must starve. 

Mr. BUTLER. May I inquire of the Senator from Vermont if he 

is certain that the retired list is full now Y My information is that 

there are five or six vacancies on it. I do not know whether that is 

correct or not. 

Mr. EDMUNDS. That may be true. I will take it that it is. 

Mr. SHERMAN. I wa.s officially informed that those vacancies were reserved for the retirement of officers of the higher grades, so as to create chances for promotion in the line, and so the few vacan- cies which exist were not available. 

Mr. BUTLER. There is so much noise in the Chamber that I can- not hear at alL 

The PRESIDENT pro ternpore. The Senate will please come to 

order, so that Senators can be heard. The Senator from South Carolina informs the Senator from Ohio that he did not hear his remark . Mr. SHERMAN. I was interrupting the Senator from Vermont a moment simply to say that the few vacancies which exist on the 

retired list were reserved with a view to the retirement of officers of 

the higher ranks, so as to create promotions in the line below, and 

that they were not available for the cases I mentioned the other 

day, the cases of extreme distress and suffering of officer on the 

frontier. 

Mr. BUTLER. The retired list, then, as I understand the Senator 

from Ohio, is not full. 

Mr. SHERMAN. It may be now, because there have been some appointments on the retired list recently, but there were four or five 

vacancies a month ago. .Mr. EDMUNDS. I will take it for granted, Mr. President, for the 

purpose of the observations I wish to submit, that there are at this 

present moment ten vacancies in the retired list. Vacancies do occur, 

because, unhappily, the retired list does not insure to our worn-out 

soldiers perpetual life and they die, and vacancies, therefore, occur, and I will assume that there are ten. For those ten vacancies, in my 

belief, according to such information as I have, and some of it is personal and direct, not growing out of inquiries made yesterday or to-day but from the know ledge of officers of the Army, some of whom are my kindred and many ofw hom are my friends and acquaintancesfor the ten vacancies that exist there a.re in the officers of the Army 

of the United States to-day undoubtedly fifty men who, justly to 

them, justly to the service, justly to the active and strong officer 

who are below them in regard to their just ambition for promotion, ought to be retired in the regular way; and they will be conven- iently as fast as vacancies occur. The fact therefore that there are now I will say ten (which is a good many more than there are) vacancies, does not help this case at 

all, because if there were not a single vacancy one mi~ht occur and 

very likely would at the very moment we are discussmg this qne - tion, and this gentleman would go into it if the Senate and House of 

Representatives and the President choose to put him in. That doe 

not touch the question. The question is whether this asylum-for 

that is it-for the worn-out officers who have served continuously in 

the Army of the United States and are still servin~, is to be filled up 

by gentlemen from private life who years ago res1gnecl their places 

in the Army either because they were ill and sick or for any other 

reason, being now in a condition deserving consideration. If you are to do it, you must do it upon theprincipleofequalandfairplay. 

To do that you must provide for every officer who after any war resigned his place in the Army of his country and who e condition now is such that it appeals to our sympathy and consideration. 

If it is proposed to make a general law of that kind, very well; we shall consider whether we can dG it. When this retired list was first formed, I think the law provided that the total number of the 

retired list should not exceed 7 per cent. of all the officers in the 

Arm:v. That probably at the time made it less than one hundred. 

Afterwards we carried it up, dropping the percentage method of 

measurement, to two hundred in round numbers I think, then to 

three hundred, and I think it is now said that it is four hundred. 

Mr. COCKRELL. Four hundred now, made so by an amendment 

to an appropriation bill without the knowledge of anybody, as far 

as I can find out. 

Mr. EDMUNDS. If that is the nature of the retired list, a everybody will agree that it is, why is it right to put into that list and 

into that asylum gentlemen from the civil walks of life, however 

well they may have served in the Army years ago, to the exclusion 

(to say nothing more upon that point) of men now in the Army 

whose condition is such that they ought to be retired, and to whom 

it is just that this consideration should be extended as the law provides, and in respect of whose retirement the other active and able 

officers of the Army who are well and able to perform all their dutie 

will get the desired promotion that their gallant service has entitled 

them toY That is the questiGn. 

I am sure that nobody will understand me as not admiring Colonel Big~~ just as much as my friend from New Jersey doe , an.rl 

wishing llim well in every way; but the mission that the people 

sent me here to perform was, as I understand it, to deal ""ith que -

tions of this kind not from a personal point of view a to my ympathy or my wishes as to any man, but upon the general principle 

of equal and just government that goes upon a system that applie 

to everylJody alike. 

Now, I repeat, Mr. President, that according to all that appears 

from this report, and according to what appears from the report of 

the Commissioner of Pensions, it is evident that when Colonel Biggs 

resigned in the year 1865 he was not entitled to go t>n the retired 

list, for he had not served the forty years, and his physical condition 
·1882. CONGRESSIONAL RECORD- SENATE. 1543 

at that time was ;not such as would entitle him upon the examination of a board to be retired. At any rate he was an intelligent man. If he was not entitled to be retired, then of course his resignation, 

if he did not wish to continue in the Army and in active service, was a matter at his own choice, with the consent of the President, and he 

chose to resign and to have absolute independence to engage in trade or travel or do whatever he thought it d.esirable for his interest and 

his comfort to do, and he did it, exactly as thousands of other officers 

did at that time. It turns .out afterwards, just as it has turned out 

with thousands of these other officers, that a slight wound that he 

received, which at the time was thought to be of very little conse- quence to him, has developed into a serious and a permanent injury. 

He has done precisely what all the other officers have done in such 

cases, applied for a pension and he has got it and has received, as the 

Commissioner of Pensions telegraphs me, $2,250 down to the 4th of 

December, 1881, his pension dating backtoth.edateofhisdischarge. 

And while I am on that point I ought to inquire if this gentleman were pot on the retired list under this bill, what is to become of this 

pension f Is he to receive three-fourths pay and a pension also f ~Ir. SEWELL. As I understa.nd, he cannot receive both retired 

pay and pension. He must certify on the pay-roll when drawing his 

pay that he does not get pay from any other source. Mr. EDMUNDS. That is true when you take officers of the regular Army; but when by special act of Congress you command the 

executive department to put this gentleman on the retired list of 

the Army of the United States and stop there, when under another 

law he is entitled to a pension, the two laws stand perfectly together 

and it is very far from being clear, therefore, that he would not be 

entitled to continue the pension. But that is comparatively a small 

matter. I am not speaking on the question whether Colonel Biggs 

shall have three-fourths pay for life and $30 a month pension besides. 

I am talking about the interest of the Army of the United States, 

the justice thn.t is due to all its officers alike, and the public policy, 

which is something more than a mere matter of cold calculation, but 

embodies justice to and sympathy· with all ihe active officers in the 

Army of the United States, to give them their fair promotion when 

those ·above them cannot perform the duties. It is in this view that 

I am asking the Senate to consider whether we shall proceed with 

this kind of bill. That is what I wish the Senate to decide, because 

if once for all it is decided, then we can all know that it is of no use to make opposition hereafter. 

Mr. COCKRELL. Mr. President, I heart ily indorse what has been 

said by the distinguished Senators from Ohio and Vermont in regard 

to the impolicy and impropriety of passing this bill or kindred legislation. 

This bill was :first introduced in the Forty-fifth Congress. It was then a bill authorizing the President to nominate Herman Biggs to a second lieutenancy in the Army, and the bill as presented to the . Senate at that time only proposed to authorize the President to appoint him to a second lieutenancy in the Army, he then being over age; so that the President was not able to appoint him. That bill was favorably reported and passed the Senate. In that report there are substantially the same documents that have been transferred to 

the subsequent reports made in the Forty-sixth and Forty-seventh 

Congresses. It was in the }'orty-sixth Congress that bills authorizing his name to be placed on the retired list were introduced and 

presented. The same report that has been made in this case ver- batim, I believe, was made also in the Forty-sixth Congress. 

It may be true, as the Senator from New Jersey haa stated, that 

certain bills may have been passed by the Senate placing officers 

who were out of the Army back upon tbe retired list, but as a rule they were exceptional cases and not where thAre had been a mere voluntary 

resignation; there are perhaps some exceptional cases even where 

thel'e was a voluntary resignation; but whenever such precedents were set, t.hey were wrong, and they certainly do not bind the Senate 

to follow in the footsteps of that kind of legislation. 

Hel'e, Mr. President, was a voluntary resignation. The military 

record does not show even the wounding at the battle referred to; 

there is no surgeon's certificate here in regard to it, save a letter from 

Dr. Agnew and a letter from Dr. Norris. They do not trace the disahility back to the reported oricrin of the wound in 1863. There is 

then practically no e'•ridence before the Senate upon that question. 

Now, will Congress, regardless of the interests of the Army and 

regardless of the number on the retired list, now al)out four hundred, 

take every officer who was in the volunteer service and who resigned, 

and who may now be disabled for anything incident even to the 

service, and place him upon the l'etired list at three-fourths pay Y 

That is simply the question. 

Mr. SEWELL. Will the Senator allow me to correct him Y 

Mr. COCKRELL. Certainly. 

Mr. SEWELL. This officer was in the regular service. 

Mr. COCKRELL. I understand that; but the rank that you are giving him was not in the regular service at that time. 

Mr. SEWELL. I beg pardon. Yes, sir, he was a ca.ptain in the 

regular Army; he was a lieutenant-colonel in the volunteer service. 

Mr. COCKRELL. And that is the rank you are giving him f 

Mr. SEWELL. No, the bill gives him the rank of captain. ~Ir. COCKRELL. Captain of staff. The other bill, tha.t of the 

last Congress, gave the rank of lieutenant-colonel, and I had not 

noticed the change. But even in the volunteer service the question 

is, Shall they all be placed on the retired list f We have made a pension list, and that list is for persons who have been disabled in the 

service and are not now in the service, and this officer has availed 

himself of the pension list and is now drawing a pension. If the 

pension is not what he is entitled to let the Comm.iteee on Pensions 

take the case and consider it and increase his pension. The pension was granted several years ago, and he ha-s been drawing a pension ever since 1865. 

Mr. BUTLER. What amount t 

Mr. COCKRELL. Thirty dollarf:j a month now. If that is not 

enough let the Committee on Pensions, as they have repeatedly done, 

consider the case aod propose an increase of the pension. 

Mr. Pl'esident, I do claim that this is gross injustice to the officers 

of the Army ; it is· demoralizing, and the tendency is to ruin the Army. 

No man can have more sympathy for this officer than I have. I do 

not know him personally; I know none of the officers who will be 

injured by it; but it is a question of principle and not a question of 

mel'e sympathy, not a question of mere personal feeling, and I trust 

that this bill will not be passed by the Senate. 

The PRESIDENT pro ternpote. The question isou the engrossment 

and third reading of the bill. 

Mr. EDMUNDS. I ask for the yeas and nays. 

The yeas and nays were ordered. 

1\'Ir. CALL. Mr. President, I have no acquaintance with the subject of this bill, and I am not disposed, I think, unduly to glorify 

military men or military service; but I am obliged to vote for this 

bill, and I cannot see any force whatever in the objection that has 

been made. 

Here is a man who served with great distinction and with great 

honor, and who has become entirely disabled, according to his testimony, from a wolmd, it matters not. when received so that it was re- ceived in the line of duty. It is certified by his superior officers, and 

it is admitted that he has been thus disabled, a . captain in the Army 

and a lieutenant-colonel in the volunteers, actually disabled for life 

and incapable of rendering any service to himself. The question is, 

whether because he resigned his office, saved the Government the 

expense of his salary for years, now when that wound subsequently 

developed into positive and actual disability, it is discoura~ing to 

the Army to put him back in the place which he left untler tne impression that he was able to take care of himself, before t his wound 

had developed into this condition. 

Why, sir, the proposition that because the man has saved the Government this amount of salary, because he ha-s sought to make a living in other and honorable ways, he shall not be put upon the retired 

list when his wound has developed into actual disability, has no kind ofweight with me. Put him there, and if there are too many 

there, meritoriously placed there, enlarge the list. It is impossible 

for any government to say that a. man who has rendered it honorable service and become disabled in the line of duty shall :not be 

taken care of ey the Government, and if that is so then there is no other side to the argument. The objection that the retired list waa made for this, that, or the other purpose has nothing to do with it, 

because we have power to enlarfcre the retired list to the extent that 

the exigencies and necessities o the service demand. 

For one, sir, I cannot accept the conclusion that would lead us to 

vote against placing on the retired list, or supporting in some honorable way, a man who has lost the ability to support himself at the 

command of the Government and in honorable service. I shall vote 

for the bill. 

The PRESIDENT p1·o tempMe. The question is on ordering the 

bill to be engrossed for a third reading, on which question the yeas 

and nays have been ordered. 

The Principal Legislative Clerk proceeded to call the roll. 

Mr. HARRlSON, (when his name was called.) Upon this question 

I am paired with the Senator from Missouri, [Mr. VEST.] If he were present I should vote "yea." 

1\Ir. ROLLINS, (when his name was called.) On this question I am paired with the Senator from :~!~lorida, [Mr. JONES.] 

1\Ir. SHERMAN, (when his name was c~tlled.) I am paired on political questions with my colleague, [Mr. PENDLETON,] who is absent on account of the death of a near relative. As I do not regard this as a political question, I vete "nay." 

The roll-call havin_s been concluded, the result was announcedyea-s 26, nays 28; as tollows: 

Allison, 

Brown, Butler, Ca.ll, 

Camden, George, 

Gorman, 

Aldrich, Anthony, Bayard, 

Beck, 

Blair 

Cam~ron of Wis., Cockrell, 

YEAS-26. 

Grover, Hampton, Rawley, Hoar, 

Ingalls, Kellogg, McPherson, 

Miller of Cal. , Miller ofN. Y. , Mitchell, Pugh, 

Ransom, Saunders, Sawyer, 

NAYS-28. 

Coke, . Conger, Davis of Dlinois, Davis ofW. Va., Edmunds, Farley, 

Ferry, 

Frye, 

Garland, Groome, Harris, 

Hill of Colorado, Jackson, 

Johnston, 

Sewell, Vance 

VanWyck, 

Voorhees, 

Walker. 

Jonas, 

Jones of Florida. 

:Maxey, 

Morri'ii, Sanlsbury, 

Sherman, 

Teller. 
1544 CONGRESSIONAL RECORD- SENATE. MARcH 2,. 

ABSENT-22. 

Cameron ofPa., Jones of Nevada, McMillan, 

Morgan, 

Pendleto11., 

Platt, 

Plnmb, 

Rollins, 

Dawes, Lamar, 

Fa.ir, Lapham, Hale, Loj!;an, 

Harrison, Mahone, 

Hill of Georgia, McD;ill, 

So the bill was rej~ted. 

Slater, 

Vest, 

Williams, 

Windom. 

SUPPLIES TO SIOUX Th~IANS IN 1862. 

Mr. CAMERON, ofWisconsin. Senate bill No. 36,.order ofbusiness 

No. 25, was passed by a few days ago when the Calendar was called, 

wit}lout prejudice. I move that it be taken up. 

The PRESIDENT pro ternpm·e. It was passed by without prejudice, 

and c:m now be called up. 

The Senate, a.s in Committee of the Whole, resumed the consideration of the bill (S. No. 36) to authorize the Secretary of the Interior 

to ascertain the amounts due to citizens of the United States for supplie& furnished to the Sioux or Dakota Indians of Minnesota subsequent to August, 1860, and prior to the massacre of August, 1862, and 

providing for the payment thereof. 

Mr. CAMERON, of Wisconsin. The bill was read when it was under consideration before . . Mr. INGALLS. I should like to hear it read again. 

The Acting Secretary read the bill. 

Mr. EDMUNDS. ,Is there a report' 

The PRESIDENT pro tempo1·e. There is a report. 

Mr. EDMUNDS. Let us hear it. 

The PRESIDENT p1·o tempore. The report will be read. 

The Principal Legislative Clerk read the following report submitted by Mr. CMIEROX, of Wisconsin, December 21, 1881: 

The Committee on Cla.ims, to whom was referred the bill (S. No. 36) to authorize 

the Secretary of the Interior to ascertain the amounts due the citizens of the United 

States for supplies furnished t~ the Sioux or Dakota Indians of Minnesota subsequent to August, 1860, and prior to the massa{lre of August, 1862, and providing 

for the payment thereof, report: Prior to 1863, the Sisseton, Wahpaton, Medawakanton, and Wabpakoota bands 

of the Dakota or Sioux Indians occupied extensive reservations in the State of 

Minnesota. 

l n August, 1862, said bands of Indians massacred a large number of men, women1 and chilarenin the State of Minnesota, and destroyed ana damaged a large amoun~ 

of'xroperty. t the time of this outbreak by the Sioux there was, under various treaties 

theretofore made and entered into between the United States and these bands of 

Sioux Indians, a. large amount of money owing by the United States to said bands 

oflndians. . Congress, by act of February 16, 1863, entitled "An act for the relief of persons 

for damages sustained by reason of depredations and injuries by certain bands of 

Sioux Indians," (Stat., voL 12, pp. 652, &c.,) abr?p;ated and annulled all treaties 

then existing with said bands of Sioux, so far as r.ne same imposed any future ob· 

ligation on the United States, and all lands and rights of occupancy within the 

State of Minnesota, and all annuities and claims, or any of them, due the Indians were forfeited. 

At the time of the passage of this act the sum of $5,631,900 was owing by the 

United States to said bands of Sioux Indians ; all the treaties pursuant to which 

this large sum of money was due and owing to said Indians were abrogated and 

annulled absolutely by said act of Congress pa-ssed February 16, 1863, and said sum was forfeit.ed to tile United States. All lands and rights of occupancy belonging to said Indians in Minnesota were, by the same act of Congress, also forfeited to the United States. Said act authorized the President, by and with the 

advice and consent of the Senat-e, to appoint three commissioners, who should asc~rtain a~d determine the value of all proper~ destroyed or damaged by said 

Ind ·ans durmg such outbreak, or by the troops of tbe Uruted States in suppressing the same. There has been appropriatetl by Congre s, in payment of claims determined 

pursuant to sai(l act, the l'um of$1,170,374. All claims for damages under said act had to be presented within two years from its passage. The sum of $671 000 bas also been appropriated by Congress for the removal of 

said India.ns, and for subsisting them m their new homes. 

By act of Con!ITess, entitled "An act to authorize the Secretary of the Interior to discharge cer~in obligations of the United States to the creditors of the Upper and Lower bands of Sioux India us," approved May 16, 1874, (Statutes, 18, page 47,) 

the sum of$70,000 was appropriated for payment to the creditors of said Indians 

arising under the treaty of June 19, 1858. 

Congress al<;o, by an a{lt for the relief of Hans C. Peterson, approved March 3, 

1877, (Statutes, 19, page 549,) appropriated the sum of $2,283.92. This was for damages and injuries to Peterson I' property done by the Indians during the said Sioux 

outbreak. 

It appears by a letter from Ron. E. M. Marble, Acting Commissioner of Indian 

Affairs, addressed to Hou. ANGUS CAMERON, a ~pember of the Senate Committee en Claims under date of Febru1117 5, 1881, that no other or further sums have been 

appropriated for the benefit of srod Sioux Indians which are properly chargeable to the said confiscated funds and annuities. 

As already stated, the aggregat-e amount of the said coufi.scated funds and annu- ities was $5,631,900. 

The aggregate amount of the sums appropriated by the United States for the 

benefit of said Indians, as hereinbefore shown, i.s $1,913,657.92. The difference 

between these two sums, namely, $3,718.242.08, is the balance of said confiscated 

funds and annuities now remaining in the Trea ury of the Unit-ed States. 

At the time of the said Sioux outbreak, the persons for whom this bill proposes to make pr9vision were in business as Indian traders on the reservation occupied 

by said Indians. The. e traders were all duly licensed bythe Commissioner ofindlan Affairs to trade with the Indians. The most of the traders had been engaged 

in trading with the said Indians for quite a number of years. 

The orilinary course of business was this, that is to say: the traders sold and 

delivered totbe Indians upon credit such goods and commodities as they desired to purchase, with the agreement that the aggregate amount of the indebtedness 

thereby created would be paid by t4e Indians to the traders out of the first annu- ities tiiereafter paid to them by the United States. This course of business wa-s known to the resident Indian agents and to the Commissioner of Indian Affairs, 

an<l approved by them respectively . .At the time of the outbreak tlle Indians were indebted to tbe traders in the sum of nbout one hundred and twenty thousand dollars, no part of which sum has 

been paid. No claim can be paid unaer t.his bill until the amount thereof is ascer- taiRed and settled by the Secretary of the Interl>r. 

Some of the traders presented their claims for settlement to the commission 

appointed under the act of February 16, 1863; but the commission held that it had 

jurisdiction only of claims arising on account of "depredations and injuries " b-v 

said Indians, and that the claim.softraderswerenottechnicallyfor •• depredation·~ 

or injuries " done by the Indians ; and pursuant to this decision all the trader!! 

claims were thrown out and not considered at all by the commission. 

These Indians for a number of years prior to 1863 had been paid their annual 

annuities about the last of June or the first of July of each year, at the Yellow 

Medicine and RedWood agencies. 

About the last of June, 1863, the Upper or Northern bands of Sioux, to the 

number of about three thousand five hundred, as embled at Yellow .Medicine 

agency, and the Southern or Lower bands, to the number of about three thousand at Red Wood agency, for the purpose of receiving their annual pa1.ments but the 

money to make such payments wa.'! not received by the agent until after' the out- break, and the payments were never made. 

The Indians remained at these agencies until the outbreak occurred. They bad 

!~~e~~~~~~~:~a~~~~d the provisions and supplies.belonging to the GovernThe Indians, while thus waiting for the payment of their annuities, were very 

ugly. The traders hesitated to furnish them with any more supplies on credit,, 

but the Indians threatened to break into the warehouses and to help themselves. 

They did break into oue warehouse and appropriated its contents. The Indian 

agents at the Yellow Medicine and Red Wood agencies were, from day to day expectin~ to recei-ve money to pay the annuities, :md they assured the traders that 

their cllUDls against the Iridians would then be paid. 

The traders subsisted the Indians for about six weeks prior to the outbreak. 

The Indi~ns had no ~eans of payini for such subsistence, and, cons~uently, it 

r:es o=:~~ on credit, and hence t e large sum due the traders at t e time of 

Tbil:l credit was given with the knowledge and by dir~ction of the Indian arrent, 

and in many instances at his request: "' 

Thoma-s J. Galbraith was the United Sta.tes Indian a~ent for the Sioux Indians 

:~8!:·~~~s ~~~~:~b~~~~ Upper or Yellow Medicine Sioux agencypriorto 

Mr. Galbraith, in his affidavit filed with your .committee, states as follows, 

namely: "That to alleviate the sufferings of the Indians, and preserve order and prevent an outbreak and general disturbance on the frontier, and in the belief that the 

money to pay the annuities would arrive in time to enable Wm and the Indians to meet au obligations incurred thereby, he did recommend and advise all the traders 

having food and supplies in that country to furnish the said Indians all they could 

spare, without reference to the accounts of individual Indians or of particular bands. And that pursuant to such recommendation and request from him. as United States Indian agent, many of said tradei"S, if not all, did furnish said ln.-

diana ~our, meat, sugar, coffee, clothing,.and othersuppli~s, the amount and value 

of wl_ll~h are not accurately _k:npwn to ~1s deponent, but m lar~e quantities." William H. Shelle.v, of Samt Paul, Minnesota, who was a clerk for Indian .A.uen t Galbraith, at the Yellow Medicine a~ency, at the time of the outbreak, in his"'atfidavit states that, to his knowledge, the traders furnished supplies to the Indians 

by" tbe direction of Galbraith, with the understanding that pa.yment therefor 

would be maae as soou as the annuities were paid. 

The outbreak would -probably have taken place sooner than it did if the Indians 

had not been supplied by the traders. 

Under the state of facts herein set forth the committee are of the opinion that 

said traders ou~ht to be paid out of said confiscated annuities now in the Treasm:y 

of the United S~tes, amounting, as already stated, to $3,718,242.08. And the com- mittee recommend that the bill do pass. 

Mr. ED~fill"'DS. This bill seems to inTolve an appropriation of 

120,000, to begin with, out of the Treasury, and involves a very 

long question of the United States coming in as trustee or guarantor, or whatever it may be, to pay up the contract debts of Indians. I 

think it too important to be considered under the five-minute rule. 

What I wish to say about it, in view of the former statute before me which is quite long, I cannot say in five minutes. I think the 

bill ought to go over. The PRESIDENT pro tempore. The hour of half past one has 

arrived and proceedings under the Anthony rule are suspended. 

Mr. EDMUNDS. If the time for the special order has come and 

this bill" may come up to-morrow, perhaps in the mean time Senators can look into it, and therefore I withdraw the objection for the 

moment so that it may stand as the regular order for to-morrow morning. 

Mr. CAMERON, of Wisconsin. I am obliged to the Senator from 

Vermont fordoing that. 

The PRESIDENT pro ternpm·e. The bill will come up in the morn- ing under the Anthony rule. 

Mr. CAMERON, of Wisconsin. This bill was introduced in the 

last Congress by one of the Senators from Minnesota, I think Mr. 

WINDOM ; it was referred to the Committee on Claims and by that 

committee it was assigned to the senior Senator from Tennessee [Mr. 

HARms] as a sub-committee. He had many other claims assigned 

to him and it remained in his hands for a long time. When he came to 

examine the bill he was of opinion that it ought to have gone to the 

Committee on Indian Affairs, but in view of tne fact that it bad re- mained in the hands of the Committee on Claims for a lonCI" time, 

nearly a year I think, and ina much as the Senate by its order had 

referred it to ~hat committee, the committee concluded to examine 

it. The Senator froru Tenne see was so pressed for want of time that 

he was not able to examine it. He was excused from the further 

consideration of the bill and the committee a signed it to me a a sub-committee. I examined it and reported it favorably from that 

committee. It was introduced a~ain during the present session and 

referred to the Committee on Clanns. It was assigned by that com- mittee to me a second time for examination. I examined it and again reported it. The same bill during the present session was introduced 

in the House of Representatives. There it was referred to the Committee on Indian Affairs, and it has been reported favorably from tb.e 

House Committee on Indian .A..ffairs by Mr. RICE, of Massachusetts. 

I call the attel,ltion of the Senator from Vermont, who takes an inter- est in t.his bill, to the House report. 

l\Ir. EDMUNDS. I take an interest in the bill only as it concerns the public. 
I 

·fi 

1882. CONGRESSIONAL RECORD-. SENATE. 1545-

:Mr. CAMERON of Wisconsin. I meant that the Senator took an interest in this bill so far as it affects. the public interests; an<! ~or the purpose of enabling the Senator from Vermont to become familiar 

with the merits of the bill, I call his attention to House Report No. 

406 made on the 14th of February, last month. 

The PRESIDENT pro tempore. The bill will go ever and ~11 be 

first in order to-morrow under the Anthony role. The unfinished 

business is before the Senate. 

:Mr. GROVER. .:Mr~ President--

ORDER OF BUSDmSS. 

Mr. SAUNDERS. I wish to ask leave ofthe Senator from Oregon 

and of the Senate also to take up a bill that will not consume time. The PRESIDENT pro tempore. The Senator from Oregon has the 

floor. . . Mr. SAUNDERS. I understand. I ask of that Senator the pnVIlege of calling up a bill at this time. Mr. EDMUNDS. That cannot be done now; it would not be fair. 

Mr. GROVER. As a personal matter I have no objection; but I 

will abide by the judgment of the Senate. Mr. V .AN WYCK. There will probably be no opposition to the bill 

suga-ested by my colleague. It is to correct an omission in a bill pas~ed at the last Congress in relation to the sale of land belonwug 

to the Otoes, in the States of Nebraska and· Kansas. The Indians 

have already been removed by the ~overnm.ent :f!o~ this re~ervation and the Secretary of the lntenor upon exammmg the bill-- M~. McMILLAN. I think we had better consider this bill tomorrow. Mr. V .AN WYCK. I should like, then, to give notice that to-mor- row my colleague will move the consideration of this bill. There 

will be no opposition to it from any source, not even the Indian Committee. 

Mr. SAUNDERS. The bill, as stated by my colleague, is to amend a. law oflast year. The Indians are ready to go or have gone, most 

of them and if we do not pass the bill now they will lose probably 

the inte'rest for a long time on the money, and it will keep out of mar- ket a great deal of land ~he coming year. It is an impo_rtant b_ill, ~o 

which there is no objection by the Department, and I giVe notice, 1f 

objection is made to having it come up this morning, that to-morrow 

I shall ask leave of the Senate to get it 'up at this hour, if I cannot 

get time in the morning hour to call it up. 

CHINESE lliMIGRATION. 

The Senate7 as in Committee of the Whole, r~sume~ the cons~deration of the bill (S. No. 71) to enforce treaty stipulatiOns relatmg to 

Chinese, the pending question being on the amendment reported by 

the Committee on Foreign Relations as a substitute for the bill. Mr. GROVER. Mr. President, in discus ing the bill now before the 

Senate, I do not deem it neces ary to enter upon any detailed statements of the evils of Chinese immigration to this country. Debates 

heretofore had in this Chamber upon this subject have sufficiently 

developed the facts lying at the foundation of the opposition manifeste<i by the people of the Paci:fi.c States and Territories to the influx 

of Chinese among them. Suffice it to say1 that it is the common feeling there that this class of immigration IS seriously hurtful to their 

present development as a -prominent part of the American Union. It 

is hurtful to the moral foundations of society. It is hurtful to the success of American industries. It is hurtful to the progress of our infant settlements, inasmuch as it supplants a large class of European 

and American labor, which is the chief reliance for peopling the new States. 

The question of encouragement or restraint of Chinese immigration presents a deeper problem than that of mere effect upon our present well-being. The abiding characteristics of the Chinese as a people are so variant from our own, and so opposed to the purposes 

of our civilization, that the encouragement or restriction of this cla-ss 

of immigration presents the alternative of choosing for the Paci:fi.c 

States and Tenitories between the institutions of America and the 

institutions of China. The Paci:fi.c slope presents the only unoccu- pied re~on in the world whose soil and cl.i.rriate are calculated to attract Cninese migration now open to their occupancy. The Empire 

of China with her 400,000,000 of huma"Q. beings and more, embraeing 

one-third of the population of the globe, hangs like a threatening 

cloud over the virgin States of the Pacific. 

The State which I have the honor in part to represent has from 

the beginning occupied a positive and leading position upon this 

question. In her constitution she provided that the Le!cislature 

should have the authority to prohibit the immigration of;.]' persons 

not qualified to become citizens of the United States. This clause 

had special reference to the Chinese. The constitution of that State 

also provided, section 8, article 15, thatNo Chinaman, not a resident of the State at the adoption of this constitution, 

shall e\"er hold any real estate, or mining claim, or work any mining claim therein. 

The Burlingame treaty overrode these carefully considered provisions and opened our ports to the incursions of an unwelcome population. In making a ca1;1vass as a candidate for the executive chair of 

the State, in 1870, I took occasion to present this question anew to 

the people of Oregon. They returned no uncertain voice upon this 

subject. 

At the meeting of the Legislative Assembly of that year, as governor, I addressed that body as follows: 

At this juncture of our advancement, a vital que tion presents itself for determination. Our State is sparsely peopled, It is capable of supporting a dense population. We are about to reach out and take by the hand thousands who will come- and make their homes among us. Shall we look eastward to the older States and to Euro-pe, or shall we look west- ward to Asia~ Shall the Caucasian or shall 1he Mongolian be invited to be colaborers with us in building up the State ~ Labor has been and will continue to be 

the capital of the immigrant. To European immigTation, America has heretoforeoffered higher wages and more abundant means of support than the home country. Labor, therefore, both skilled and unskilled, has ftown to us from Europe, con- stantl¥ swelling our ranks and enriching the country with its industry and genius. 

To this source our nation has owed tlie wonderful imjletus of our progress in 

wealth an<l numbers. 

In receiving this population we have not ceased to be a homo~eneous people, forthey have been of the stock whence were derived the first A.Inerican colonies. 

They have been bone of our bone and ftesh of our ftesh. Their labor has becomerepresented in lands and houses, herds and ftooks, orchard~ and vineyards, mills and merchandise, all with us and of us. Their property has borne its equal burden of taxation, and they have shared our- perils and hardships in war and our responsibilities in peace. They speak our language and, respecting and cherishin~ the principles of our Government, they mingle with us congenially in all our insututions, their children are educated with ours, and both are reared together to be one people. We can therefore hail the comin cr of this class of immigration in common with. 

that from our older States, and wefcome them among us with favor and satisfaction a~ brothers. 

But what of the Mongolian~ 

An acquaintance of twenty years with the Chinese upon the Pacific coast ena- bles us to define his traits ana qualifications with sufficient certainty. He is unacquainted with our language, or with any language having elements- common with ours. He is unaccustomed to our modes of thought, either in a 

social, moral, or religious point of view. He is incapable of assimilating himself to our habits of life, and even his education is a discipline, the reverse of our forms. of reason and action, .both public and private. 

He is uninftuenced by our examples and observances ; our courts even can administer no oath which will bind his conscience. He is a pagan in his religion, and an. absolutist in his ideas of government. 

He comes with no family, but his associations are with harlots of, his own race •. While living here he is subject to laws inscrutable to us, and when dead his body 

is returned to the land from whence he came. He respects neither our Govmnment nor our soil. There is not a single tie of" common brotherhood between 1ll:l and 

him ; although we admit a common humanity, he denies even this. 

These features of his character are ingrained in his being, and are established as unchan~eable by a ~tory of four thousand years. . . . . . His commg among us 1s not from love or even respect for our mRtitutions ; 1tls 

solely for gain. But his gains are not thli.t thrift which attaches itself to the country,. becoming visible and taxable property, bearing its proportion of the burdens oi 

Government, but they are the results of delving in mines or serving for wageR, all 

of which are noarded and sent away to China. The ruined village and the deserted 

plain are places where he has wrought the most. The money which he has eamed is represented nowhere in the fixed property oi 

the country. China has been made richer, and America has been made poorer by 

his presence. 

Can we build np our State based upon the immigration of the Asiatic W The com- mon answer is that we cannot; for American and European labor will never consent to contest the :field 'vith Chinese labor; and as soon as it is understood that the· Mongolian is to be encouraged here1 the European will cease to come. Which will we have, the weaLth, the intellect, 'the virtues, the accumulations, and the association of our kinsmen, or the vices of the pagan, and the absorbing and leeching pro- cess of his work among us! I need not answer. Recent demonstrations of thepeople fully respond to these inquiries. 

* * * * Whenever the Chinese have been permitted to go abroad they seem still to have· been under control of the home government to the extent, at least, that their earn- ings have been returned to their native land. * * ,* 

China aggregates a population great-er than that of all Europe and the United 

States combined. She hangs like a portentous cloud over our political horizon. 

Her people may swarm U:J?On us like locusts. Their coming will unhinge labor, derange industry, demoralize the country, and by claiming and recei~g the ballot may upturn our system of government altozether; for the most senous apprehension from _the present policy of the Gene~ .u-ov~rnm.ent to enfTan.chise all inf~­

rior and servile races, and to encourage therr ummgration to the Umted States, 1s 

that the ballot system may become despicable. This view alarms those who revere our institutions, and who believe that intelligence, virtue, and honor constitutethe only safe basis of a free government. 

* * * * 

I regard it, therefore, to be of the gravest consequence that the late treaty with 

China and the policy on which it isl>ased receive our earnest an<l vigorous pro- test. 

Mr. President, this was the presentation of this subject made to theLegislative Assembly of Oregon nearly twelve years ago, and the :first 

public announcement ever made to a legislative body in this country 

in relation to this great problem. The Legislative Assembly of that 

State then adopted a memorial to Congress, praying that steps be 

taken for the abrogation of the Burlingame treaty, which was ~l).e­

:first time that this subject was brought to the attention of the General Government. From that day to this the people whom I have thehonor in part to represent, have been constant and persistent in their 

demand for the restriction of Chinese immigration. There has been no change nor variableness in their sentiments in this respect. Thegreat-er the cxperienc~ of our citizens of all classes with the increa_sing numbers from China the more con:firmed they have become m their :first position. 

The Burlingame treaty has been abrogateq. in respect of the right 

of this Government to restrain this class of irorp..igration, and a new treaty has been conclud~d which permits this Government, without 

violence to any plighted faith, to exercise its own original power in. restraining such class of foreigners as .it deems proper to restrain from. 

coming to our shores. 

But it is said that the fathers founded this Government as an asy- lum for all nations, and that therefore no action of this charaeF 

ought to be adopted. In looking into the purp,o&es ot; the founders. 
1546 CONGRESSIONAL RECORD-SENATE. MARcH 2, 

of our institutions, it is fair and it is necessary to consider their con- temporary acts in order to construe their purposes. 

What is there in all their conduct, either public or privn.te, which 

indicates that they looked tp any but European nations as the beneficiaries of their work f If they were intent on missionary labors in 

building up and sustaining a government devoted to the elevation of 

the colored races of mankind, why did they not seize upon the opportunity when this continent was occupied, and rightfully occupied, 

by the red man, to devote their great zeal and enterprise in civilizing 

and ilistructing him f Here was a unique and ample field for founding the true Utopia out of the uncontaminated children of nature. 

But so far from making an effort of this character, our ancestors, with one notable exception, proceeded forthwith to drive out the aborigines from the land with fire and sword, and to occupy it for themselves, and for us their posterity. And in the history of William 

Penn we only find that he possessed himself of the lands by purchase, .and in no manner commingling with the Delawares, and in no man- ner engaging with them to form a component part of his colony. On 

t he contrary, these noble red men were pushed step by step toward 

the setting sun, so that now the little remnant of a once wealthy and 

;powerful tribe are found in their narrow limits in the distant Indian 

Territory, 2,000 miles from their native home. The natives of this 

continent, in the presence of the declarations of the fathers that all men are created equal and endowed by their Creator with inalienable 

rights of life, liberty, and the pursuit of happiness, have retired 

.stubbornly, yet certainly, before the superior race, until now the 

white man possesses the whole land, with the exception of here and 

there limited areas reserved to the original owners, and those under 

the charge of the Government of the United States. A quarter of .a million of the original occupants of this country now only remain as sad witnesses that the teeming millions of their progenitors once lived here, and were the rightful proprietors of this magnificent and 

God-given inheritance. 

In the hundred years that have passed since this Government was feunded, now held to bethemost generousandjustoftheworld,not .a single serious effort has been. made to incorporate the natives of 

America into the body of our people as a part of the nation. In the 

land of their fathers the Indians haye been treated as aliens and outcasts. 

I do not cite these facts of history now for the purpose of vindicating the rights of Indians, but I call them to mind in order to show 

what was the meaning of the declaration of our forefathers when 

they referred in general terms to the rights of all men. Theirconduct toward the aborigines of this country, whom they 

found in lawful occupancy here when th~y came, must be construed as fixing a limit to the meaning of theirpu blic declarations upon the 

rights of man. When they declared that all men were created equal, 

.and were endowed with the inalienable right of life, liberty, and the 

pursuit of happiness, they undoubtedly meant all men like themselves, and in like manner joined in the bonds of civil society. And 

when they dedicated this country to be an asylum for the oppressed 

()fall natioRS they undoubtedly meant all nations whence they came, 

peoples of character and conditions similar to their own. This will appear the more clearly when we consider the treatment ~ft~ African by the very men who founded our Government. They never invited the African here as a voluntary immigrant. They 

neither endowed him with lands nor the ballot, nor did they grant 

him the right of citizenship. The black man was transported to 

these shores by old England and by New England, and sold into 

slavery, and he was in bonds when our immortal Declaration of Independence was signed. When Jefferson penned the first draft of that 

instrument he placed among the allegations against the British King 

the charge that he had been guilty of forcing the slave-trade upon 

t his country. That chMge was stricken out, not but whitt it was true, but because the fathers did not propose to act upon that subject at that time; and they deliberately provided in ourpresentCon- .stitu.tion that· this traffic should not be prohibited by Congress before 

l80Et 

On what ground, then, can it now be claimed that the hereditary 

p olicy of this Government requires us to open our ports to the admis- sion of all races of mankind without discrimination, against the interest and against the wishes of the great body of the American 

people 'f I see none whatever. .America has truly been, as she was intended to be, the asylum of th~ oppressed of all European nations. 

While we accept and occupy th:is position a-s a sacred trust, the obligations of that trust devolve upon us duties deep and lasting. I con- strue that trust as meaning that we hold our inheritance sacred to .our posterity, and of those who are of kin to our forefathers. While we are to treat the poor remnant of the Indian race among us and t.be 

African who was forcibly brought here with that justice and humanity becoming to a great people, it is of the gravest importance to the 

future peace and well-being of this country that we do not voluntarily create other relations with colored forei~ peoples which will 

force upon us complications in. our ci vii and political relations which, 

in my judgment, are certain to be troublesome to us and unfortunate 

to them. 

The State of Oregon in framing her constitution made, in her bill 

of rights, the following statement: ''We declare that all men, when 

they form a social compact, are equal in rights." This is the definition which the people of that State gave of the general terms contained in the Declaration of Independence that all men are created 

equal. And I think it fully comports with the action of the founders 

of this Government. 

This construction of the declaration gives proper elasticity to all our public relations, and allows those forming a government to con- duct its political affairs and to frame its laws with refereH.ce only to 

the greatest good of the greatest numbers of those who have entered 

in t() the social compact, so tha.t if the restraining of the Chine e from 

coming to our shores be regarded as advisable for the p11blic good, 

there can be no objection. The question of expediency is the only 

question. If this is not the proper construction as to us, nationR are dissolved and their boundaries are a myth. · Mr. President, the bill (S. No. 71) to .enforce treaty stipulations 

relating to Chinese, now before the Senate, contains some of the 

provisions of the bill which I had the honor to introduce at the beginning of the present session. It also embraces several of the provisions contained in the bill on the same subject introduced by the 

junior Senator from California, [Mr. MILLER,] having been reported 

from the Committee on Foreign Relations as a substitute for the lastnamed bill. But it omits vital provisions contained in both. 

Entertaining the belief that this bill as reported will not carry 

into effect fully our late treaty with China as understood by the Senate upon its ratification and by the people of the Pacific coast, I have 

proposed an amendment for the purpose of making it correspond with 

the purpose and effect of the treaty. The amendment which I have 

proposed at the end of the bill reads as follows : 

SEC. 16. The words " Chinese laborers," wherever used in tllli! act, shall be con- strued to include both skilled and unskilled laborers and Chinese employed in 

mining. 

This amendment is proposed in order to relieve the bill from that 

uncertn.inty in its construction which will inevitably lead to difficulty and defeat in its execution. 

Upon this subject the treaty projet from the foreign office of the 

Chinese Government contained, among others, the following proposition: 

ART. 2. Chinese who may be desirous of proceeding to any other part of tho 

United States for purposes of Jabor, excepting ou1y the State of California, shall 

be allowed to go of their own free will and aeoord. Persons of all other classes, with the exception of a~tual Chinese laborers, whose immigration into California 

will be tempoi'arily regulated and limited by the United States, whether proceeding to California as teachers, students, travelers, traders, or artisans, as well as aJ.l 

Chinese laborers now in that State, will be allowed to go and come with entire 

freedom, and will not be included in the limiting regulations. 

This proposed article was not satisfaLtory to the American commissioners. But they submitted after considerable consultation and con- sideration a counter-project with the following observation upon 

the point under discussion: 

2. The United States commissioners feel it their dncyto insist upon their definition 

of Uhinese laborers, viz : " The words 'Chinese laborers' are herein userl to signify all immigration other than that for teaching, trade, travel, study, and curiosity 

hereinbefore referred to and provided for in existing treaties." They cannot con- sent that artisans shall be excluded from the class of Chinese laborers; for itis thia 

very competition of skilled labor in the cities where the Chinese labor immigration concentrates which has caused the embarrassment and popular diseontent they 

wish to avoid. But they are willing to adopt an article providing that the clll8ses 

who are authorized to come and reside in the United States shall bring the servants who are necessary. to their convenience. 

As a result of the negoti~ttiona following these two propositions, 

the treaty finally concluded :tnd ratified omits the word "artisans" 

from its text, which upon this point re~ds as follows: 

ART. I. Whenever, in the opinion of the Government of the United States, the 

coming of Chinese laborers to the United States, or their residence therein, affects or threatens to affect the interests of that country, or to endanger the good order 

of the said country or of ::my locality within the territory thereof, the Government 

of China agrees that the Government of the United State..'! may re~ulate, limit, or suspend such coming or residence, but may not absolutely prohibit it.. The limi· 

tation or suspension shall be rea~onable, and shall apply only to Chinese who 

may go to the United States as laborers, other cla-sses not being included in the 

limitations. 

* * * * * * * ART. II. Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household 

servants, and Chinese laborers who are now in the United States, shaJ.l be allowed to go and come of their own free will and accord, and shall be accorded all the 

rights, privileges, immunities, and exemptions which are a~corded to the citizens 

and subjects of the most favored nation. 

Here we have in article 1 the excluded classes, and in article 2 the 

perinitted clas es. In relation to the construction of these clauses of 

the treaty, I will quote the language of the commissioners themselves, used in their communication to the Secret~ry of State, transmitting the treaty for ratification by our Government. The com- mis ioners say : 

We desired, as you will see by theprecis of the negotiation, to define with more precision exactly what all the negotiators on both sides understood by " Chine e laborers." But the Chinese Government was very unwilling to be more precise 

than the absolute necessity called for, and they claimed that in .Article II they did 

by exclusion provide that nobody should be entitled to claim the benefit of the 

general provisions of the Burlirigame treaty but those who went to the United 

States for purposes of teaching, study, mercantile transactions, travel, or curiosity .e We have no doubt that an act of C~~~css excJuding all but these classes, using the words of the treaty, would be ro.uy warranted by its provisions, and as this was a clear and sufficient modification of the sixth article of the Burlingame treaty we did not feel authorized to risk such a. conoossion by insisting upon Ian~a~e 

which would really mean no more, and which was entirely unacceptable w tne Chinese commissioners. There is not in the treaty any language which modifies this concession, and 

there was not, as we think, the slightest intention on the part of the Chinese com- missioner to diminish the full force of the dis<lretion given to the United States. 
1882. CONGRESSIONAL RECORD- SENATE. 1547 

The bill (S. No. 21) which I had the honor to introduce upon this 

subject was based as to its terms of exclusion upon the limitations 

of the treaty itself as suggested by the commissioners. But as the 

terms of this limitation have not met with the approbation of the 

Committee on Foreign Relations, who have had the same under con- iideration, I now BOOK the same result by the amenclment here proposed defining the words "Chinese laborers." If the narrowest 

meaning of the word laborers shall be adopted by tho e administerina the law, infinite difficulties will arise and great injury to the co~try will result. One of the leading purposes of the agitation 

ao-ainst the Chinese in the Pacific States and Territories is to restrain 

the corning among us of skilled laborers and miners who supersede 

and consequently drive out American and European skilled labor. 

That the proposed amendment brings the bill within the full mean- ing of the treaty as understood by our Government, I quote also the 

langua(J'e of the Secretary of State, under date January 10, 1881, 

transmitting the treaty to the President to be laid before the Senate. 

The Secretary said: 

The treaty submitted settles the questions raised between the two countries in a. manner alike honorable and satisfactory to both. While preserving to the subjects of' China engaged in mercantile pursuits, in stndy, in teaching, or in travel 

for curiosity, the light of free intercourse with this country, the Cliinese govern- ment has recognize« in the G1>vernment of the United States the right to regulate, limit, and suspend the introduction into its territory of Chinese lab01· whenever, 

in its discretion, such introduction shall threaten the good order of any locality or endanger any interests of' society. 

The terms used by the Secretary of State are sufficiently broad to 

include Chinese labor of ev-ery class. And such was undoubtedly a proper construction of the treaty in v-iew of the fact that special 

classes were in it enumerated as being permitted to come among us. That the American :people have demanded the modification of the 

Burlingame treaty to the intent and effect as I have claimed its con- struction to be, I will quote from the Democratic platform adopted 

by the na.tional Democratic conv-ention held at Cincinnati in J nne, 

1880, as follows : 

The Democrats of the United States in convention assembled doolare. 

11. .Amendment of the Burlingame treaty: no more Chinese immigration, except 

for travel, education, and foreign commerce, and that even carefully gnarded. 

The Republican convention held at Chicago in the same year adopted a resolution upon this subject intended to be as of like import. 

If this body shall do less than what b..as been expected of us by the 

people in effectuating the purposes of this treaty, our work here will 

have to be done again. There is no uncertain v-oice from the country 

wherev-er this subject is understood. And as time advances, and the 

question becomes more developed, there will be a still stronger-voice 

for firm and certain action here. It will be an injustice to Congress 

if this measure is permitted to be. matured without rendering its 

terms absolutely definite and certain in their meaning, so that ev-ery 

citizen can read and understand it, and ev-ery officer of the Gov-ernment, whose duty it shall be to assist in its execution, shall hav-e 

well-rlefined authority for ev-ery step that he shall take in the execu- tion of his public trust. 

Mr. President, it has been said that governments grow and are not 

made. The growth of this Government is from seeds of European 

origin planted in a more productive soil. The growth has therefore 

been more thrifty. Its roots have penetrated deeper, its trunk has 

grown larger, and its branches have spread broader than the parent 

stock. And yet .A.me1·ican institutions are in their infancy. With a continent as a pedestal, we can build here such a nation, dev-eloped 

in agriculture, in manufactures, in the arts and sciences, and in the 

general culture and elev-ation of the human character, as has not 

been witnessed in the world. To do this we must ~uard and cherish 

the sacred trust of the original plant. As well nnght you hope to 

gather grapes from thorns or figs from thistles as to expect to rear a great nation and gather the fruits of a high civ-ilization by the aggregation of inferior races of men. Had the first colonists of this country come from Asia rather than 

from Europe, the world would look in vain for the young colossus 

ef nations which it now witnesses. It would look in v-ain for Plymouth Rock and James town and the germs of the other noble colonies 

which assembled with one accord around the altar of civil and re- ligious liberty in America and sacrificed at the shrine of real pro~ess 

in human gov-ernment and in human enterprise. But in their place 

wonld hav-e been seen a different spectacle. In place of the temple 

to tbe +,rue God would be the houses of heathen deities. In place of 

the august public assembly, conv-ened at the behest of the people for 

making laws for their own gov-ernment, the priyate consultation of 

emperors and autocrats would promulgate their edicts for the rule of a submissiv-e populace. Instead of the Briarean arms and bands of 

steel of our gigantic railway system traversing the entire continent, 

.sustaining the commerce and trav-el of a mighty people, the world 

would witness a groveling throng of slowly moving human beings, 

plodding their footpaths with the weight of their labor's product 

upon their backs. 

I might run the parallel from the happy and virtuous hearthstone 

circle through all the grades of our society and accomplishments to 

this the nation's Capitol, and I might picture the same contrast, but 

I desist. It is not necessary. 'Ve move this measure to preserve America as she is, and to make 

' 

the shadow of her mighty form, which approaches us from the future, a certain reality a.s the coming power of the world. 

The PRESIDING OFFICER, (l\Ir. HARRIS in the chair.) The question is on the amenclment reported by the Committee on Foreign Relations. · Mr. BAYARD. I should like to know what has become of the 

amendment offered by the Senator from Oregon, [Mr. GROVER.] 

The PRESIDING OFFICER. The amendment which the Senator 

from Oregon gav-e notice that he would offer will be read. 

Mr. FARLEY. The first matter is the amendment reported by the 

committee ; next, the amendment offered by the Senator from Oregon ; aml next, the amenclment offered by myself. 

Mr. BAYARD. I should like to hav-e them reported. 

Mr. HOAR. I understand that the committee 1·eported the bill in a new draft as a substitute, and that the amendment proposed by the 

Senator from Oregon and also the one which is to he offered by the 

Senator from California are amendments to perfect the substitute. 

The PRESIDING OFFICER. The Chair under tands from the 

Secretary that the amendment reported by the committee is in the 

nature of a substitute for the bill; and the Chair is further informed 

by the Secretary that the amendments proposed, or of which notice 'has been given that they would be propo ed, are additional sections or provisions, and do not seek to modify the text of the substitute 

reported by the committee. The Secretary will, for the information 

of the Senate, report the amendments referred to. 

The ACTING SECRETARY. The amendment proposed by l\Ir. PARLEY is to add as a new section : 

SEc. 16. That hereafter no State court or court of the United States shall admit 

Chinese to citizenship; and all laws in conflict with this a{lt are hereby repealed. 

The PRESIDING OFFICER. That is the amendment of the Senator from California. The Secretary will now report the amendment of which the Senator from Oregon [Mr. GROVER] gav-e notice. 

The ACTING SECRETARY. The proposed amendment is to add as a new section : SEc.-. That the words 11 Chinese laborersJ" wherever used in this act, shall be 

construed to mean both skilled and unskillea la.borers and Chinese employed in 

mining. 

The PRESIDING OFFICER. The question is on the amendment 

reported by the Committee on Foreign Relations. 

Mr. FARLEY. Mr. President, I had not intended to take up the 

time of the Senate in the discussion of this bill, believ-ing as I honestly did believ-e and do yet that the Senate is prepared to act upon 

it "rithout further discussion. 1\Iy colleague who open~d the debate 

has elaborately presented the facts connected with the provisions of 

this mea-sure. I rise simply for the purpose of answering or attempting to answer some of the points made by the honorable Senator 

from Massachusetts [1\Ir. HoAR] in his speech delivered ye terday, 

which I hav-e not had an opportunity of examining for the reason that it does not appear in the CONGRESSIONAL RECORD this morning, as I supposed it would hav-e appeared. 

That honorable Senator took the position that this was an enforced 

treaty from unwilling China. I believe that was about his language 

with reference to the treaty ·under which this legislation is proposed. 

Now, sir, I ask the honorable Senator to point out a single incident or a single fact from which he could hav-e arrived at such a conclusion. The treaty was one entered into between our Government and 

the Chinese Gov-ernment. There is no ev-idence that it was enforced on China, or that the Chinese people were unwilling to make the 

treaty which they did make . . In that treaty they conceded to this 

Gov-ernment the right to legislate upon this subject. Therefure we are not oppressing those people in any way by this proposed legislation; we are simply doing that which the treaty itself provirles we may do. How the honorable Senator could hav-e come to the con- clusion that this was an enforced treaty I am at a loss to discover. 

The Chinese Government seemed to be willing that the .American 

Gov-ernment, if it was thought to be for the interest of t)?is Government, should legislate on this subject, and it is provided in the treaty 

that the very prov-isions of this bill may be carried into effect. 

But the distinguished Senator from l\las achusetts puts his opposition to the bill upon higher ground, upon the broad proposition that 

it is a v-iolation of the principles enunciated in the Declaration of 

Independence and in the bills of rights of the various constitutions 

in the United States. I am not going into that part of his argument 

except simply to remark t.bat any government may by treaty stipu- lation with us agree that their people may come to this country 01· 

that our people may ~o to theirs upon certain conditions, as those 

conditions are set out m the treaty between China and this Government. ' 

The honorable Senator in his remarks yesterday referred to the testimony that had been taken before a Congressional committee appointe(l 

for the purpose of examining into this Chinese question. That com- mittee was appointed and acted in 1876, and took testimony in the 

State of California, where a number of distinguished gentlemen of 

that State were examined as witnesses as to the effects of Chinese immigration upon American institutions and upon the interests of the 

laboring classes of the Pacific coast, where the Chinese had most con- gregated. The late Senator .Morton was chairman of that committee. 

The honorable and distinguished Senator from Massachusetts saw proper to quote some remarks in the report made by Senator Morton. 
/ 

1548 CONGRESSIONAIJ RECORD- SENATE. MARcH 2, 

I also quote from remarks made by Senator Morton in his report, 

which was a minority report .from that committee. I quote his language for the purpose of sh?win& that not~ths~anding thatdistil!--

guished Senator seemed to B_Ide w1th ~he <?hm~se m reference to t~ 

question yet he came to this conclusiOn, m his report he makes this 

remark, 'to which I ask the attention of the honorable Senator from 

Massachusetts: 

But before entering upon the discussion of any other principles, I may be permitted to observe that, in my .iudgment, the Chinese cannot be protected in the 

Pacific States while remaining in their alien condition. Without representatinn 

in the Le~lature or Congress, without a voice in the selection of officers, and 

surrounded by :fierce and, in many respects, uns<:rnpulous enemies, the l_aw will be 

found insufficient to screen them from persecution. Complete protection can be 

riven them only by allowing them to be~me citiz~ns and ~cquire the ri_ght of sufff.i.ge when their votes wolild become IIDportant m elections, and therr persecutions,' in great part, converted into kindly solicitation. 

These were the views expressed by that distinguished gentleman 

in his report after an examination of the witnesses who appeared 

before the committee. He took the ground then that these people 

could not be protected from persecution, from violence, from outrage, 

except by extending to them the rights of citizenship, by giving 

them the right of suffrage, permitting them to vote at elections, and 

then their iitfluence would be felt in the country and would have the 

effect of protecting them as other people in the country were protected. Now I ask the honorable Senator from Massachusetts-! put 

the question broadly and squarcly to him-if he would be in favor 

to-day of permitting the Chinese to exercise the elective franchise iu 

this country. Mr. HOAR. The Senator from California will pardon me. I was 

engaged accidentally in conversation. 

Mr. FARLEY. Did the Senator hear my question f 

Mr. HOAR. I did not hear the question. 

Mr. FARLEY. I read from the report of Senator Morton. I am sorry the distinguished Senator from Massaehusetts wus engaged, 

because I wanted an answer to my question. Governor Morton, in 

his report as chairman of the committee appointed to investigate 

the question, made use of this remark-for the benefit of the Senator 

I will read it again, as it is short: 

But before entering upon the discussion of any other principles, I may be permitted to observe that, m my judgment, the Cblnese cannot be protected in the 

Pacific States while remaining in their alien condition. Without representation 

in the Legislature or Congress, without a voice in the selection of officers, and sur- rounded by fierce and, in many respects, unscrupulous enemies, the law will be 

found insufficient to screen them from persecution. Complete pratection CI\U be 

given them only by allowing them to become citizens and a{lqnire the right of suffrage when thclr votes would become important in elections, and their persecutions,' in great part, converted in~ kindly solicitation. 

Such wa the language of Senator Morton in that celebrated re- port from which the Senator yesterday quoted. I now put thequestion to the honorable Senator: Does he indorse that sentiment expressed by Senator Morton f 

Mr. HOAR. Mr. President, it strikes me that is rather an tmusual 

method of conducting debate in this body. 

Mr. FARLEY. The Senator need not answer the question tmless 

he desires to do so. Mr. HOAR. I was perfectly awareofthatwhenirose. It strikes me that it is rather an unusual method of conducting debate in this body. 

I made certain points in regard to this question yesterday, as well as I could, and for the Senator who replies to me to undertake to call me to stand before the Senate to answer his catechism, to state on certain other questions, on which I did not touch, what my opinions 

are, is rather unusual; but I will answer the Senator's question if 

he will first answer mine. Who are the fierce and unscrupulous 

enemies against whom it has been impossible to protect this race to 

whom Senator Morton referred T 

Mr. FARLEY. A very large portion of the class to whom, I suppose, Senator Morton referred were persons who had been driven 

from employment by the influx of this population; persons who were unable to earn a livelihood for themselves and their families; per- sons who had become exasperated over what they believed to be a trampling upon their rights as common laborers. I suppose Senator 

Morton referred to that class. 

Mr. HOAR. Does not Senator Morton distinctly affirm in his re- port, is it not shown by the tables, that the wages of white laborers 

had risen, and does he not say that the influx of these people into this 

country wa.s a benefit to the white laborer of California and an increase of her wealth T 

Mr. FARLEY. Who said soT 

Mr. HOAR. Did not Senator Morton say so in his report T 

Mr. FARLEY. I do not know whether he said so or not. 

Mr. HOAR. I believe the Senator will find that he said so thoro. 

Now I will answer the Senator's question. 

Mr. FARLEY. I will try to answer yours, also. 

Mr. HOAR. I do indorse that sentiment. 

Mr. FARLEY. Then I understand the Senator from Massachusetts 

takes the ground (and that is one of the reasons I suppose why he 

opposes this bill) that he is in favor of the naturalization of Chinese; 

that he is in favor of giving to them the right of suffrage, permitting 

them to vote at the polls and to be as other persons who are citizens 

of the United States. 

Mr. HOAR. Will the Senator pa.rdon me for interrupting him T 

Mr. FARLEY. Certainly. 

Mr. HOAR. I am in favor of admitting to the privileges of American citizenship, under proper limitations in case of foreigners who 

havebeeneducatedinattachmenttoothergovernments, every human 

being-white, black, red, yellow, copper-colored, or whatever color 

nature may ha,ve seen fit to use in painting men's skins-having first 

ascertained that they have abandoned all allegiance to other ~overnment.s; that they are fit in character, in intelligence, in qualities that 

make o-ood citizens, and are attached to our Government. I would 

have t1at ascertained by an inquiry into the character oftheindividual applicant, and not by looking at the color of his skin. I should 

be quite as ready to admit to Am.erica.n citizenship Yung-Wing, to 

whom they gave the degree of Doctol.' of Laws at Yale College-last 

year, or the learned and admirable gentleman who died at Cambridge 

last week, to the sorrow of that community, nrs I should the person-s 

whom Senator Morton described as fierce and unscrupulous ruffians. 

Mr. FARLEY. He did not use the word "ruffian." 

:Mr. HOAR. I believe he did not. I will add that worcl. 

:M.r. FARLEY. You can add it. I have no doubt the people of 

California, certainly tho e who are opposed to Chinese, will bo very 

thankful indeed to the Senator from Mas achusetts for adding that 

addendum to Mr. Morton's report. 

Mr. HOAR. I only applied that term to the men who with crime 

and cruelty treat in a ruffianly way unoffending human beings without provocation. If there are any such, wherever they live, I think 

the term I used would put into language their description. I do not 

apply it to the people of California. 

Mr. FARLEY. The Legislature of California provided that the 

question of the further immigration of Chinese to that coast, or to 

this country, should be submitted to the voto of the people of that 

State. At an election held under the forms of law and in accordance 

with the constitution of the State, the question was submitted, and 

out of 161,000 or 162,000 votes cast, 154,000 pronounced against the 

further immi~ration of Chinese, and 800 voted in favor of further 

Chinese immigration. A unanimity of opinion upon this question was so fully demonstrated by that vote that there can be no question as to the views or sentiments of the people of that State. The people 

of the State of California as a people have protected Chine e from 

being violently treated in that country, except by the rough portion 

of the people, who sometimes invade other societies, even in the 

honorable Senator's own State. 

Mr. HOAR. I hope the Sep.ator will be quite sure that I do the 

people of his State that justice. I referred only to the cla I described. 

Mr. FARLEY. I want to say in addition that one of the re<t~mns 

why this legislation is proposed is to protect the laboring classes of 

the Pacific States from being driven out of employment. You may 

go to-day into the city of San Francisco and you will find honest 

girls who have worked in factories, in hotels, in the various laundries, and other employments in which women do work, driven from 

their employment and their places filled by this class of people that we are attempting now to exclude from our shores. 

We do not propose under the terms of tho bill to affect the ri~ht.s 

of those who are already here. We do not propose to drive China- men from this country who have come here under the stipulations of a treaty. We propose that those who have come here underthela"<V, 

under the terms of a. treaty made between the two Governments in 

1868, shall be protected; but so far as Chinamen who shall come here 

after the passage of this law are concerned, we propose that they 

shall come under the provision of this act, and thereby stop the further immigration if po ible. 

I admit that it is a difficult law to frame. I admit that many per- sons believe that this measure will be ineffectual for that purpose; but 

at the same time there is such a unanimity of sentiment in favor of some legislation that if the honorable Senator from Massachusetts, 

who I believe is about the only Senator on the floor who is disposed 

to openly fight this question, should visit that country and see what 

I believe he would see, almost desolation in many localities in the 

State by reason of this immigration, he would join with the representatives of the Pacific coast in doing something to prohibit this 

incubus that is hanging over that country. 

Mr. HOAR. As the Senator from California propounded a question 

to me, will he allow me, in connection with that question, to propound one to him 7 

Mr. FARLEY. Ye , sir. 

Mr. HOAR. I have here a statement contained in the Congregationalist, one of the most eminent journals of one of the leading organizations in this coun~y, known a the Orthodox Congregationalists. 

The statement is in a speech made in my own city of Worcester last 

November by Rev. Lysander Dickerman, who I understand to be a 

clergyman of great distinction from the fact that he was invited to 

address a meeting of the American Missionary Association, which 

implies the distinction and character of the person. Speaking of the 

Chinese, and the reason why they do not become naturalized, he 

said: 

It takes two to a. imilate. Not infrequently when a. vessel from Hong-Kon111 is landing its cargo of Chinamen on the wharves of San ]'rancisco, they are met With 

jeers and hoots and stones and brickbats. .And, not so far back but what men still living remember it, they have been stoned all the way from the wharf to Chinatown, until their scalps hung down the sides of their heads, the blood on the streets showed the track which they pursued, and they were ta.ken from the carriages un- conscious and helpless. ·what a wonde:~; that they do not "assimilat-e "-wretched 
1882. CONGRESSIONAL RECORD-SENATE. 1549 

~elc.,.ates of this low degraded submerging civilization I What a wonder that 

they"' do not send hom~ for their !m.ves ana their children, tha.t they, too, may eome and enjoy the blessin~m of this "higher civilization of the Pacific coast I." I do not blame them for dema'llding that their bones be sent home when they die. 

He goes on to say, after speaking of the famine in China: . 

It is the voice of 10,000,000 foreigners waniing us of dancrers from 1~5,000,000 

()ther foreigners; it is the men who~ I havelleaTd ov~r an'Ci. ov~r agam on the 

sancl·lots, at the end of every impass1on~~ para~ph, .~th a bree.zmess ~orthy of a Western cyclone, exclaiming: ' ' Immiriky for Immirikans, be J abers! 

Mr. MILLER, of California, rose. Mr. FARLEY. I did not understand the que tion. My colleague seems to have understood the question. 

Mr. HOAR. I want to know whether that is correct Y 

l\1r. J<,ARLEY. I do not think it is. I deny that it is so. . Mr. MILLER, of California.. I want to ask the Senator who IS 

t he author of that blood-thirsty story' 

Mr. HOAR. Rev. Lysander Dickermap, in an address made before 

the American Missionary Association. 

Mr. EDMUNDS. At what date Y , 

Mr. HOAR. It is in the Congregationalist of December 21,1881. 

I wish to say that this ~e:ican M~i~nar~ Associati<?n ~s the one body in this country w hwh, m my opnnon, IS accomplishing more, 

by reason of the vast work it is doing for Christian education throughout the countiJ:., and especially in the Seuth, than any other bod~ in 

the country. 1t is an association composed. of all the evangelical 

bodies of the country, so called, and they ratse yearly by voluntary 

eontributions a sum equivalent to the interest of over $9,000,000. 

The mem1>ers of tha.t 3.ssociation, by their charity and their liberality, form a perpetual and permanent educationa:l fund, contributed--

Mr. FARLEY. I did not yield for the purpose of permitting the 

Senator to make an additional speech. 

Mr. HOAR. The Senator s~emed to question the respectability of 

the source. 

Mr. FARLEY. I did not questibn the respectability; I said I·did. 

not believe it was true. 

The Senator spoke about citizenship. In the State the honol:'able 

Senator from Massachusetts represents the courts have admitted 

Chinese to citizenship. I do not know whether they are permitted 

to vote in that State or not. I suppose if they are ta'X-payers and can read the Constitution of the United States in the EBglish language, 

theS would be all?wed to exercise the ?ght of su~ge. I kn_ow.that 

the circuit court m my State has demed that Chinese were entitled 

to be admitted to citizenship. The senior Senator from Massachusetts, [Mr. DA WEB ) during a debate which took place in this body in 

1879, said in a colloquy carried o~ betw~en that Senator and Se~ator Blaine and Senator Sargent, my IIDIDediatepredeceasor1 that Chinese were admitted by the courts of Massachusetts to cit1zenship. By 

that authority I say they: are so admitted. I submitthe question, if 

the Chinese can be admitted to citizenship in this country, whether 

the elective franchise would not at once be conferred upon them f 

In many of the States, aa soon as they would become citizens they 

would be entitled to vote without any restriction. In the State of 

Ma-ssachusetts, where they have admitted them, there are certain 

restrictions as to foreigners voting who cannot read the Constitution 

'()f the United States. 

Mr. DAWES. Foreigners no tnore than natives. There is one law 

for all. 

Mr. FARLEY. This question is not by any means one that is 

agitated in our State by the class referred to by the distinguished 

Senator [Mr. HOAR) as the persecutors, the ruffians, as he was disposed 

to term some of them. It is the entire population of the country. 

The merchants, themechanics, the business men throughout the State, 

with a unanimity unprecedented, oppose the further immigration of ··these people. It is true there are some capitalists, some gentlemen 

engaged in large enterprises, who can employ Chinese at a much 

lower rate than they can employ American or white laborers ; and 

therefo1·e those men prefer having what they call "cheap labor;" but 

the masses of the people, the agriculturists, the miners, all the industrial interests in the State have proclaimed in unmistakable terms 

their voice, not to be misunderstood, that the immigration of these 

people is a detriment to the best interests of the populat.ion.s of California, of Oregon, and of Nevada. 

The honorable Senator [Mr. HOAR] yesterday referred to a portion of the report of Senator Morton, in which he said that in pa.ss- in~ over the State of California he saw so many uncultivated a-cres of land. What was the cause of that! I will ans~r the honorable 

Senator. The cause is that this class of immigration, these laborers, 

have prevented white immigrants from seeking a home in California. 

They have driven from employment the every-day laborer. They 

have provoked riot, I admit. They have driven, a.s I said a few mo- ments ago, the laboring classes from their employment. They have 

driven women from the every-day employment by which they could earn a livelihood for themselves and families. Yet I find only the 

Senator from Massachusetts advocating the free immigration of this 

class of people to this country without limitation. 

Why, sir, they are within eighteen or twenty days' ~ail of the city of San Francisco. A population which is understood to be over 400,000,000 can come to the State of California, to the State of Oregon, 

and to the State of Nevada, and when there they can wend their war ·across the continent even into Massachusetts, and there create difficulty and trouble with the laboring classes. Not Ion~ ago (I have 

forgotten the number of years) a very large number of uhinamen did 

think of going over to the land of steady habits, to the puritanical 

State, as it is sometimes termed; I call it the old Commonwealth of 

Massachusetts. They moved into the city of Lynn and engaged in 

employment there. The senior Senator from Massachu etts [Mr. 

DAWES] shakes his head. I understand that a colony of Chinamen 

went to the city of Lynn, in Massachusetts. 

Mr. DAWES. I think the Senator is mistaken in the locality; that 

is all. 

Mr. FARLEY. What wu the city, iftherewas one ! 

Mr. DAWES. It was not a city, but it was the town of Adams. h:lr. FARLEY. There were some of them in Lynn also. In the 

toWI1 of Adams, then, there was a colony of Chinamen ; and as I have 

understood the history of that colony the troubles there were such 

that they were soon compelled to leave, and they had to wend their 

way back to the Pacific coaat, where they have remained serenely 

for years and years, being employed by the men engaged in large 

enterprises in the country. 'What drove them from Massachusetts f 

What was the cause of their leaving the section where such high 

morals prevail, where there is such a high state of education Y Why were they driven back to the West Y Why were they not permitt.ed 

to remain in that good old State Y 

lt1r. DAWES. Does the Senator want an answert 

Mr. FARLEY. Yes, sir. 

Mr. DAWES. The town to which those Chinamen came was a town in which I resided for some years, and I am very familiar with 

the subject 'why they came and why they are not there now. They came thei'et or were brought there by a very extensive manufacturer, 

and entered. into his emplojment. They continued for six or eight 

years in his employment, obeying the laws and conforming to the 

customs of Massachusetts, and making as little trouble and con- tributing as much to the advancement of the industries of Massachusetts as any equal number of her laboring people. They were very industrious, and learned very quickly every employment that was open to any person in ·Massachusetts. They came there at low wa~es. They be~an from the moment they 'Were there to improve 

therr own conditwn and to improve the results of their labor for 'their employer, and to increase their demand for compensation. They 

continued in this gentleman's employ for 'six or eight years, until 

their wages became precisely upon a level with all others, when it 

ceased to be an object to employ them in preference to others, and 

of their own accord, one by one, they sought employment elsewhere. 

Some of them are still in the State of Massachusetts, pursuing other 

employments from that which they came there to follow ; some of 

them have gone down into the State of North Carolina, and are pur· sui~~~ the mining business there ; some of them have gone back to 

Calilornia, and some of them have gQne into other States; some have gone back to China. I sawtwo ofthem.upon thecarsnotlong 

since on their way to California, a.a I have seen many people who 

have bettered their condition in one place moving to another. After 

the first few days of their arrival in Ma.Ssachusetts they never experienced any hostile treatment there. They were not driven out. 

They were received and protected there according to their merits, 

and made their oWn. position among men. Mr. FARLEY. I was about to put a question to the Senator from 

Massachusetts, but his remarks have perhaps made it unnecessary. 

I wished to know whether the Chinese had not been slightly persecuted there, but he says no. I will ask him another question. According to the Senator's position and that of his colleague, did not 

the Chinese show that they were at least equal, if not superior, to 

Massachusetts laborers who were engaged in every-day labor, if they 

could command the same rate of wages and thereby bring about a state of things that made it necessary for them to leave the country 

where they could not be employed profitably f I ask if they were not 

better laborers than the Massachusetts laborers employed in that business'f 

Mr. DAWES. I think it might be said of them that when they 

first came there they showed a quicker apprehension than others who came from other countries, and who had about the same amount of 

education and experience in labor; but in the time they remained 

there they came to be about upon a level with others in Massachusetts who had had the same opportunities to learn the arts and the 

industries to which they applied themselves. They did not leave 

there because of any ill-treatment or any prejudice against them. 

They have not all left as yet; but nearly all have. They came there 

to better their condition. They succeeded, and had an idea that 

there were employments at other points more attractive and more profitable to them. Like everybody else that ever I saw in the 

world, they are seeking all the time to better their condition. 

EXECUTIVE SESSIO:N. 

Mr. EDMUNDS. I think the public intereet requires that we 

should proceed to the comideration of executive business, and I so move. Mr. FARLEY. I had not yielded the floor, except for the purpose 

of hearing the answer of the Senator from Massachusetts. 
1550 CONGRESSIONAL RECORD-HOUSE. MARcH 2, 

Mr. EDMUNDS. I beg pardon of my friend from California; I did 

not know he held the floor. I will ask him then to yield the floor so that I may make that motion. I think the public interest .requires an executive session. 

Mr. FARLEY. With the understanding that the public interest so demands, and with the further understanding that I may conclude 

my remarks to-morrow, I consent to yield the floor now. 

Mr. EDMUNDS. Certainly, the Senator will have the floor when 

the consideration of the bill is resumed to-morrow. 

:lrir. FARLEY. Very well. 

The PRESIDING OFFICER, (l\fr. GARLAND in the chair.) The 

question is on the motion of the Senator from 'Vermont, that the 

Senate proceed to the consideration of executive business. 

The motion was a~reed to; and the Senate proceeded to the con- _ sideration of executive business. After one hour and twenty minutes spent in executive session the doors were reopened, and (at four 

o'clock and fifteen minutes p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

THURSDAY, March 2, 1882. 

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

F. D. POWER. 

The Journal of yesterday was read and approved. 

SUSAN MARSHALL MASSIE. 

Mr. PHISTER. I ask unanimous consent that the Committee of 

the Whole House on the Private Calendar be discharged from the 

consideration of the bill (H. R. No. 4283) for the relief of Susan Marshall Massie, and that it be now taken up and put on its passage. I 

think no member will "object. It is a bill which ought to be passed 

immediately. 

The bill was read, as follows : 

Be it enaA:ted, cfc., That the United States pension agent for paying pensions at Louisville, Kentucky, be, and is hereby, authorized and required to issue to Susan 

Marshall Massie, of Mason County, Kentucky, a duplicate of his check for $1,466.67, 

dated June 30, 1881, and payable to the order of said Susan Marshall Massie, after 

said Massie shall furnish to him sufficient proof of the loss and non-reception by her and non-payment of said original check; and said duplicate shall be paid to her, or order, as if the original was presented. 

The SPEAKER. Is there objection to the consideration of this 

bill f The Chair hears none. 

M:r. PHISTER. The generallaw.authorizes the issue of duplicate 

checks for amounts less than $1,000--

Many MEMBERS. All right. 

The bill was ordered to be engrossed for a third reading, was ac- cordingly read the third time, and passed. 

Mr. PHISTER moved to reconsider the vote by which the bill was passed ; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

DISTRICT COURT AT WICffiTA1 KANSAS. 

Mr. RYAN. I ask unanimous consent to have taken from the 

House Calendar and considered now the 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 purposes. This is a bill affecting the 

administration ofpnblicjustice; and a8 it has been approved unan- imously by the Judiciary Committee, I think there can be no objection to it. 

Mr. HOLMAN. Let the bill be read. 

The bill was read, as follows: 

Be it enacted, clc., That there sha.ll be one term of the United States district court for the district of Kansas held at Wichita in each year, on the first Monday of September, from and after the passage of this act; but no causeJ action, or pro- ceeding shall be tried or considered in the court herein providea for unless by consent of all the parties thereto or order of the court, except as otherwise hereinafter provided. The clerk, marshal, and district attorney for said district of 

Kansas shall perform the duties pertaining to their offices resP-ectively for said 

court, and the clerk and marshal shall appoint a de_puty to reside and keep their 

offices at Wichita, who, in the absence of the principals, shall do and perform all the duties appertaining to their said offices respectively. But the city or county authorities shall provide a suitable building, without expense to the United States, in which to hold said court. SEc. 2. That all that part of the Indian Territory lying north of the Canadian 

River and east of Texas and the one hundredth meridian not set apart and occu- pied by the Cherokee, Creek, and Seminole Indian tribes shall, from and after the passa~e of this a~t, be annexed to and constitute a J,lart of the United States judi- cial district of Kansas i an.d t-he United States district conrts at Wichita and Fort 

Scott, in the district or Kansas, sha.ll have exclusive original jurisdiction of all 

offenses committed within the lim.it.q of the territory hereby annExed to said district of Kansas against any of the laws of the United States now or that may hereafter be operative therein. 

SEc. 3. That all that portion of the Indian Tenito:ry not annexed to the district 

of Kansas by this act, and not set apart and occupted by the Cherokee, Creek, 

Choctaw, Chickasaw, and Seminole Iridian tribes, shall, from and after the passa~e 

of this act, be annexed to and constitute a part of the United States ,iudicial diS- trict known as the northern district of Texas; and the United States district court at Graham, in said northern district of Texas, shall have exclusive original jurisdiction of all offenses committed within the limits of the territory hereoy annexed to said northern district of Texas against any of the laws of the United States now or that may hereafter be operative therein. 

SEC. 4. That nothing cont.ained in this act shall be construed to afl:'ect in any 

-

manner any action or1roceeding now pending in the circuit or district court for 

the western district of rkansas, nor the e!(ecution of any Jlrocess relating thereto ; nor shall anything in this act be construed to give to said district courts of Kansas 

and Texas, respectively, any greater jurisdiction iu that part of said Indian Territory so as aforesaid annexed, respectively, to said district of Kansas and said 

northern district of Texas than might heretofore have been lawfully exercised 

therein by the western district of .Aikansas; nor shall anything in this act con- tained be construed to violate or impair in any respect any treaty provision what- ever. 

Mr. MANNING. I hope this bill will be passed at once. Mr. HOOKER. I object w the consideration of the bill now. It 

is too important a bill to be passed in this way. 

Mr. MANNING. It has been examined and approved by the Judiciary Committee. 

Mr. HOOKER. I insist o~ my objection. 

PORTS OF DELIVERY ~ MISSOURI. 

On motion of Mr. FORD, by unanimous consent, the bill (S. No 

740) to extend the provisions of sections 2990 and 2998, inclusive, of 

the Revised Statutes of the United States to the ports of Kansas 

City and Saint Joseph, Missouri, was taken from the Speaker's 

table, read a first and second time, and referred to the Committee on Commerce. 

H. K. BELDING. 

Mr. DUNNELL. I ask unanimous consent that the bill (H. R. N6. 

839) for the relief of H. K. Belding be taken from the Private Calendar and "%A.uJht before the House for consideration. 

Mr. HOL . Let us hear the bill. 

Mr. ATKINS. I rise to a question of order. Gentlemen sitting 

right here in front cannot hear a word that the Clerk reads. 

The SPEAKER. The point is well taken. Business will be sus- pended until the House is in order. 

l\Ir. DUNNELL. I desire to say that this bill has twice passed 

the House of Representatives in former Congresses, and at this ses- sion has been reported unanimously from the Committee on Claims. 

I trust there will be no objection to its consideration now. TherQ 

is a report, which can be read if called for. 

Mr. ATKINS. No one, I imagine, except the gentleman from Minnesota, [Mr. DUNNELL,] knows what the bill is. 

The SPEAKER. The bill will be read. 

The Clerk read as follows: 

Be it enacted, clc., That there be paid by the Secretary of the Treasury, out of any money not otherwise approp;riated, the sum of $1,566 to H. K. Belding, of Minnesota, the amount due him for carrying the mails of the United States between 

the years 1858 and 1862. 

!Ir. ATKINS. I object to the consideration of the bill;, and I 

would like to give my reason for objecting. [Cries of" Oh, no!"] 

The SPEAKER. Debate is not in order. 

JAMES CARROLL. 

l\fr. ARMFIELD, by unanimous consent, introduced a bill (H. R. 

No. 4753) granting a pension to James Carroll; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

STEAM-PLOW MACffiNERY FREE OF DUTY. 

:Mr. KASSON. By direction of the Committee on 'Vays and l\Ieans, 

I ask leave to report, as a substitute for House bill No. 3562, a bill 

(H. R. No. 4754) to admit free of dnty certain steam-plow machinery now at the port of San Francisco. This substitute consists of but a few lines; and I will take the liberty of asking the House to hear 

it read, as I think there will be no objection to its immediate passage, and there is special rea.son for action now. The substitute was read, as follows: 

A bill to admit free of duty certain steam-plow machiner)' now at the port of San 

Francisco. . 

Be it enacted, &c., That all the steam-plow machinery ordered by M. C. Fisher 

for his own use, prior to the expiration of the time limited by section 7 of the act approved .Tune 6, 1872, a.nd now in the public stores or bonded warehouse at San 

Francisco, sha.ll be delivered to him free of duty, and subject only to the other 

charges provided by law. 

Mr. KASSON. A single word of explanation. The Ways and 

:Means Committee of the last Congress reported a bill of similar purport to this--

Mr. SPRINGER. I reserve the right to object after we understand 

what the bill is. 

:Mr. KASSON. And the present bill is reported unanimously. The 

fact to which I wish to call attention is simply this, that by the act 

of June 6, 1872, two years were allowed for the importation of cer- tain steam-plow machinery free of duty. There was reclamation of 

land on a large scale going on in C~lifornia, and this gentleman or- dered a steam-plow and machinery during that period. It ~rrived 

after the expiration of the period. It remains subject to duty in consequence of ita late arrival. The Legislature of California has memorialized as a matter of public interest to this EUtd. Tile delegation 

from California, one of whom is by my side, and who introduced this 

bill, tells· me they have by simple kindness of the customs officer 

saved the steam-plow and machinery from sale to give Congress time 

to act. As there is no objectionin the committee, and none known 

elsewhere, why he should notberelievedofwhatwasamisfortunein 

the machinery arriving too late t-o avail himself of the previous law,